Channel Islands National Marine Sanctuary Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 080311420-9008-02]

RIN 0648-AT17

Channel Islands National Marine Sanctuary Regulations

AGENCY:

Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION:

Final rule.

SUMMARY:

The National Oceanic and Atmospheric Administration (NOAA) publishes this rule to finalize the regulations for the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). This final rule revises the regulations to implement prohibitions on: Exploring for, developing, or producing minerals within the Sanctuary; abandoning matter on or in Sanctuary submerged lands; taking marine mammals, sea turtles, or seabirds within or above the Sanctuary; possessing within the Sanctuary any marine mammal, sea turtle, or seabird; marking, defacing, damaging, moving, removing, or tampering with Sanctuary signs, monuments, boundary markers, or similar items; introducing or otherwise releasing from within or into the Sanctuary an introduced species; and operating motorized personal watercraft within waters of the Sanctuary that are coextensive with the Channel Islands National Park. NOAA also makes additional changes to the grammar and wording of several sections of the regulations to ensure clarity. Finally, NOAA publishes the Sanctuary's revised terms of designation.

DATES:

Effective Date:

Pursuant to section 304(b) of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1434(b)), the revised terms of designation and regulations shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress beginning on January 16, 2009. Announcement of the effective date of the final regulations will be published in the

Federal Register

.

ADDRESSES:

Copies of the final management plan (FMP) and final environmental impact statement (FEIS) are available at Channel Islands National Marine Sanctuary, 113 Harbor Way, Suite 150, Santa Barbara, California and on the Web at

http://channelislands.noaa.gov.

FOR FURTHER INFORMATION CONTACT:

Michael Murray at (805) 884-1464.

SUPPLEMENTARY INFORMATION:

I. Introduction

Pursuant to section 304(e) of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1434(e)), NOAA conducted a review of the management plan and regulations for the Channel Islands National Marine Sanctuary (CINMS or Sanctuary), located off Santa Barbara and Ventura counties in southern California. As a result of the review, NOAA determined that it was necessary to revise the management plan and regulations for the Sanctuary and subsequently published a draft revised management plan, proposed rule, and draft environmental impact statement (71 FR 29096; May 19, 2006). NOAA later published a supplemental proposed rule and supplemental draft environmental impact statement (73 FR 16580; March 28, 2008).

The revised management plan for the Sanctuary contains a series of action plans that outline management, research, education, operational, and evaluation activities for the next five years. The activities are designed to address specific issues facing the Sanctuary and, in doing so, help achieve the mandates of the NMSA and the Sanctuary's designation. NOAA has also revised several sections of the Sanctuary's terms of designation. This final rule publishes these revisions, as well as revisions to Sanctuary regulations. These revisions are described below in the “Terms of Designation” and “Summary of the Regulatory Amendments” sections and are analyzed in the FEIS. The FMP and FEIS are available at

http://channelislands.noaa.gov

or may be obtained by contacting the individual listed under the heading

FOR FURTHER INFORMATION CONTACT

.

A. Marine Reserves and Conservation Areas

In 2002, NOAA considered merging the environmental review processes for management plan review and the consideration of marine zones within the Sanctuary, but subsequently determined that it was more appropriate to proceed with two separate processes for these actions because of differing process needs regarding coordination with the State of California and Pacific Fishery Management Council. Consequently, NOAA prepared a separate DEIS and proposed rule (71 FR 46134; August 11, 2006) and FEIS and final rule (72 FR 29208; May 24, 2007) to address marine zones in the Sanctuary. As such, that process is outside the scope of this rule.

B. Sanctuary Environment

Designated on October 2, 1980 (45 FR 65200), the Sanctuary consists of an area off the coast of southern California of approximately 1470 square statute miles (1110 square nmi)

1

adjacent to the following islands and offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (the Islands) extending seaward to a distance of approximately six nmi. The Sanctuary is located within the upper portion of the Southern California Bight (SCB), which is formed by a transition in the California coastline wherein the north-south trending coast begins to trend east to west. The SCB stretches from Point Conception in the north to Punta Eugenia (Mexico) in the south. Due to the oceanographic features of the SCB, its two biogeographic provinces or bioregions (areas characterized by distinct patterns of species abundance and distribution) and a transition zone between them, and the complex bottom topography and diversity of habitats found at the Islands, the Sanctuary has a great diversity of marine life.

1

From 1980 to 2007, the area of CINMS was described as approximately 1252.5 square nautical miles. However, in 2007 NOAA re-calculated the original CINMS area as approximately 1113 square nautical miles (72 FR 29208). Also in 2007, NOAA designated the federal portion of the Channel Islands MPA network, consisting of eight marine reserves and one marine conservation area within the CINMS (72 FR 29208). The marine reserves are distributed throughout the CINMS and extend slightly beyond the original boundaries of the CINMS in four locations, increasing the overall size of the Sanctuary by approximately 15 square nautical miles. This change allowed the boundary of four of the marine reserves to be defined by straight lines projecting outside the original CINMS boundary, allowing for better enforcement of the marine reserves. Since then, adjusting for technical corrections and using updated technologies, NOAA has re-calculated the CINMS area as approximately 1470 square statute miles (1110 square nmi). This change does not constitute a change in the geographic area of the Sanctuary, but rather an improvement in the estimate of its size.

Numerous important habitats are represented within the Sanctuary including kelp forests, surfgrass and eelgrass, intertidal, nearshore subtidal, deep-water benthic, and pelagic habitats.

The Sanctuary's cultural values stem largely from its rich array of maritime heritage resources (paleontological remains, prehistoric archaeological sites and their associated artifacts, shipwrecks, aircraft wrecks, and material associated with wharves, piers

and landings). Carbon dating indicates that humans were present at the Islands as early as 13,000 years ago. The Islands and surrounding Sanctuary contain an abundance of prehistoric Native American Chumash artifacts and are still revered as part of the traditional homeland by contemporary Chumash. Historical remains may exist from as early as Juan Rodriguez Cabrillo's voyage (1542 to 1543) through modern times. Known historical remains are represented in an inventory of over 140 shipwrecks and aircraft wrecks documented as existing in the Sanctuary since 1853. The uniqueness of the Sanctuary region and its proximity to several major ports and harbors along the mainland coast has made it a popular destination for numerous recreational and commercial activities. Sportfishing, diving, snorkeling, whale watching, pleasure boating, kayaking, surfing, and sightseeing are all popular pastimes within the Sanctuary, which is often referred to as “the Galapagos of the north.” Commercial activities include fishing, whale watching, chartered tours, and maritime shipping.

The Sanctuary is located near an area of southern California coastline that has experienced a dramatic increase in population. Whereas the population of southern California (Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura counties) was approximately 13.5 million in 1980, population levels now reach nearly 20 million. This represents a regional increase in population of approximately 43%. Aerial and on-water surveys indicate that visitation to CINMS has increased significantly since 1980. With continued technological innovations such as global positioning systems (GPS) and improved watercraft design, it is likely that there will be continued increasing visitation to the Sanctuary and added pressure on its resources. With its proposed revised management plan and regulations, NOAA continues to protect CINMS for appreciation and appropriate use by current and future generations. For a more detailed description of the Sanctuary environment, please refer to the final environmental impact statement available on the Sanctuary Web site at

http://channelislands.noaa.gov.

II. Changes to the Sanctuary Terms of Designation

Section 304(a)(4) of the NMSA (16 U.S.C. 1434(a)(4)) requires that, in designating national marine sanctuaries, NOAA specify the sanctuary's “terms of designation.” The NMSA requires that each sanctuary's terms of designation include:

1. The geographic area proposed to be included within the sanctuary;

2. The characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value; and

3. The types of activities that will be subject to regulation by the Secretary to protect those characteristics.

The CINMS terms of designation were originally published in 1980 upon establishment of the Sanctuary and revised in 2007 (45 FR 65198, published October 2, 1980; and 72 FR 29208, published May 24, 2007, respectively).

NOAA is revising the Sanctuary's terms of designation as follows:

1. Modifying the characteristics that give the Sanctuary particular value (Article III) to clarify that the submerged lands at CINMS are legally part of the Sanctuary and are included in the boundary description. At the time the Sanctuary was designated in 1980, Title III of the Marine Protection, Research, and Sanctuaries Act (now also known as the NMSA) characterized national marine sanctuaries as consisting of coastal and ocean waters but did not expressly mention submerged lands thereunder. NOAA has consistently interpreted its authority under the NMSA as extending to submerged lands, and amendments to the NMSA in 1984 (Pub. L. 98-498) clarified that submerged lands may be designated by the Secretary of Commerce as part of a national marine sanctuary (16 U.S.C. 1432(3)). Therefore, NOAA is updating the terms of designation and the boundary description, and is also replacing the term “seabed” with “submerged lands of the Sanctuary.” In addition, NOAA is clarifying the description of the Sanctuary's shoreline boundary demarcation as the Mean High Water Line (MHWL) of Island shores.

2. Modifying the scope of activities that may be subject to regulation (Article IV) to authorize regulation of:

a. Exploring for, developing, or producing minerals within the Sanctuary;

b. Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality;

c. Placing or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary;

d. Moving, injuring, possessing, or attempting to move, injure, or possess a Sanctuary historical resource;

e. Taking any marine mammal, sea turtle, or seabird within or above the Sanctuary;

f. Possessing within the Sanctuary (regardless of where taken from, moved, or removed from) any marine mammal, sea turtle or seabird;

g. Marking, defacing, damaging, moving, removing, or tampering with any sign, notice, or placard, whether temporary or permanent, or any monument, stake, post, or other boundary marker related to the Sanctuary; and

h. Introducing or otherwise releasing from within or into the Sanctuary an introduced species.

These substantive revisions to and addition of new activities subject to Sanctuary regulation enable new and emerging resource management issues to be addressed, and are necessary in order to ensure the protection, preservation, and management of the conservation, recreational, ecological, historical, cultural, educational, archeological, scientific, and esthetic resources and qualities of the Sanctuary.

3. Ensuring consistency of the sections on international law and emergency regulations with the NMSA and ONMS program-wide regulations (sections 2 and 3 of Article IV).

4. Updating the explanation of the effect of Sanctuary authority on preexisting leases, permits, licenses, and rights (section 3 of Article V).

5. Updating Article VI, “Alterations to This Designation”, to reflect the NMSA as currently written.

6. Making other minor editorial changes in order to conform wording of the Sanctuary's terms of designation, where appropriate, to wording used in the NMSA and for more recently designated sanctuaries.

NOAA is not making any changes to the “Fishing” and “Defense Activities” sections within Article V (Relation to Other Regulatory Programs) of the terms of designation as part of this action.

Revised Terms of Designation for the Channel Islands National Marine Sanctuary

Article I. Effect of Designation

The Channel Islands National Marine Sanctuary was designated on October 2, 1980 (45 FR 65200). Section 308 of the National Marine Sanctuaries Act, 16 U.S.C. 1431

et seq.

, (NMSA) authorizes the issuance of such regulations as may be necessary to implement the designation, including managing, protecting and preserving the conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, and esthetic

resources and qualities of the Channel Islands National Marine Sanctuary (Sanctuary). Section 1 of Article IV of this Designation Document lists activities of the types that are to be regulated on the effective date of designation or may be regulated at some later date in order to protect Sanctuary resources and qualities. Listing does not necessarily mean that a type of activity will be regulated; however, if a type of activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended to include the type of activity by the same procedures by which the original designation was made.

Article II. Description of the Area

The Sanctuary consists of an area of approximately 1,110 square nautical miles (nmi) of coastal and ocean waters, and the submerged lands thereunder, off the southern coast of California. The Sanctuary boundary begins at the Mean High Water Line of and extends seaward to a distance of approximately six nmi from the following islands and offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (the Islands). The seaward boundary coordinates are listed in an Appendix to 15 CFR 922 subpart G.

Article III. Characteristics of the Area That Give It Particular Value

The Islands and surrounding ecosystems are unique and highly valued, as demonstrated by, for example, several national and international designations. The Islands and surrounding ecosystems are characterized by a unique combination of features including: Complex oceanography, varied bathymetry, diverse habitats, remarkable biodiversity, rich maritime heritage, remote yet accessible location, and relative lack of development. These features yield high existence values as well as human use values for research, education, recreation, and commerce.

The Islands are located within a 300-mile long oceanographic region known as the Continental Borderland, a unique region of the continental shelf characterized by basins and elevated ridges. Within this region, the confluence of the cool California Current and warm Southern California Countercurrent creates two distinct bioregions in and around the Sanctuary: The cold Oregonian bioregion and the warm Californian bioregion. There is also a transition zone between the two regions. The overlap of these bioregions results in a unique and highly diverse array of marine life within the Sanctuary, including cold water species at the southern end of their range and warm water species at the northern end of their range. In addition, the Sanctuary is located offshore from Point Conception, the southernmost major upwelling center on the west coast of the United States. Upwelling yields increased primary productivity essential to the marine food web.

Diverse bathymetry and habitats are also important and unique characteristics of the Islands and surrounding ecosystems. The Sanctuary contains many important and varied physical and geological features including a complex of plateaus, continental slope, gyres, banks, subsea canyons, and rocky reefs. The diversity of accentuated bottom relief, abrupt change in depth, and varied substrate provide a spectrum of marine habitats. Some of the key marine habitats are sandy beach, rocky intertidal, kelp forest, rocky reef, and sandy bottom.

The Sanctuary's oceanographic and physical features support a great diversity of marine species, many of which are extremely rare and afforded special protection by federal and state law. At least 33 species of cetaceans are found within the Sanctuary, including blue, gray, and humpback whales and numerous dolphin species. While seven species of pinnipeds have been found historically throughout or in certain areas of the Sanctuary, at least four species maintain important rookery and/or haul out sites on the Islands. Following the 1987 to 1990 translocation of southern sea otters to San Nicolas Island, rare sea otter sightings have been reported in the Sanctuary. Over 60 species of seabird occur within the Sanctuary, eleven of which utilize breeding habitat at the Islands. In addition, over 400 species of fish and more than 5,000 species of invertebrates are found in the Sanctuary. Stranding data indicate that green, loggerhead, olive Ridley, and leatherback sea turtles may also be found within the Sanctuary. Finally, numerous marine algae and plant species occur within the Sanctuary, the most notable among these being giant kelp and eelgrass.

The quality and abundance of natural resources at the Islands and surrounding waters have attracted man from the earliest prehistoric times to the present. As a result, the Sanctuary contains significant prehistoric and historic maritime heritage resources. Prehistoric maritime heritage resources include submerged Native American Chumash sites, the significance of which is underscored by a terrestrial Island site with human remains dated to 13,000 years ago. Historic maritime heritage resources date back as far as 1542 and include over 140 historic shipwreck and aircraft sites. These wrecks reveal the diverse range of activities and nationalities that have traversed the Santa Barbara Channel. Following the mission era, human occupation of the Islands transitioned from significant Chumash Native American villages, to land grant and ranching settlements, and finally to joint public-private ownership and management aimed at resource conservation and compatible public use. Today's Chumash people continue to value and enjoy the Islands and surrounding Sanctuary waters, working to keep and revitalize their ancient Chumash maritime heritage. Despite this long history of human presence on the Islands, they remain remote yet accessible, and undeveloped relative to the burgeoning populations of nearby mainland southern California.

The physical, biological, and cultural characteristics of the Sanctuary combine to provide outstanding opportunities for appropriate scientific research, education, recreation, commerce, and natural and maritime heritage resource protection, preservation, and management. The Islands and surrounding Sanctuary are the subject of extensive research, primarily in the following categories: Physical and biological science research; socioeconomic, cultural, and historic research; and political science research. Since its designation in 1980, the Sanctuary has played an important role in marine science education for all ages on a local, regional, national, and international scale. Popular Sanctuary recreation activities include wildlife viewing, boating, sailing, kayaking, diving, and sportfishing. Commercial activities within the Sanctuary include maritime shipping, oil and gas activities (three leases units pre-date the Sanctuary), kelp harvesting, and commercial fishing. Some of the state's most valuable commercial fisheries occur within the Sanctuary. County, state, and federal agencies manage the resources of the Islands and surrounding area and human uses thereof.

Several special designations recognize the Islands' and surrounding ecosystems' unique value. In 1980, the United States designated both the Channel Islands National Marine Sanctuary, as well as the islands of Anacapa, San Miguel, Santa Barbara, Santa Cruz, and Santa Rosa and 125,000 acres of submerged lands surrounding them as the Channel Islands National Park. In addition, the United Nations

Educational, Scientific and Cultural Organization's (UNESCO) Man and the Biosphere Program designated the Sanctuary as a Biosphere Reserve in 1986.

Article IV. Scope of Regulations

Section 1. Activities Subject to Regulation

The following activities are subject to regulation, including prohibition, as may be necessary to ensure the management, protection, and preservation of the conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, and esthetic resources and qualities of this area:

a. Exploring for, developing, or producing hydrocarbons or minerals within the Sanctuary;

b. Discharging or depositing from within or into the Sanctuary any material or other matter;

c. Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality;

d. Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary;

e. Operating a vessel (

i.e.

, watercraft of any description) within the Sanctuary except fishing vessels or vessels traveling within a Vessel Traffic Separation Scheme or Port Access Route designated by the Coast Guard outside of 1 nmi from any Island;

f. Disturbing a marine mammal or seabird by an overflight below 1000 feet;

g. Within a marine reserve, marine park, or marine conservation area, harvesting, removing, taking, injuring, destroying, possessing, collecting, moving, or causing the loss of any Sanctuary resource, including living or dead organisms or historical resources, or attempting any of these activities;

h. Within a marine reserve, marine park, or marine conservation area, possessing fishing gear;

i. Moving, removing, injuring, possessing, or attempting to move, remove, injure, or possess a Sanctuary historical resource;

j. Taking any marine mammal, sea turtle, or seabird within or above the Sanctuary;

k. Possessing within the Sanctuary (regardless of where taken from, moved, or removed from) any marine mammal, sea turtle, or seabird;

l. Marking, defacing, damaging, moving, removing, or tampering with any sign, notice, or placard, whether temporary or permanent, or any monument, stake, post, or other boundary marker related to the Sanctuary;

m. Introducing or otherwise releasing from within or into the Sanctuary an introduced species.

Section 2. Consistency With International Law

The regulations governing the activities listed in Section 1 of this article shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with: Generally recognized principles of international law; an agreement between the United States and the foreign state of which the person is a citizen; or an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.

Section 3. Emergency Regulations

Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all activities, including those not listed in section 1 of this Article, are subject to immediate temporary regulation, including prohibition, consistent with the Administrative Procedure Act.

Article V. Relation to Other Regulatory Programs

Section 1. Fishing

The regulation of fishing is not authorized under Article IV, except within portions of the Sanctuary designated as marine reserves, marine parks, or marine conservation areas established pursuant to the goals and objectives of the Sanctuary and within the scope of the State of California's Final Environmental Document “Marine Protected Areas in NOAA's Channel Islands National Marine Sanctuary” (California Department of Fish and Game, October 2002), certified by the California Fish and Game Commission. However, fishing vessels may be regulated with respect to discharges in accordance with Article IV, Section 1, paragraphs (b) and (c), and aircraft conducting kelp bed surveys below 1000 feet can be regulated in accordance with Article IV, Section 1, paragraph (f). All regulatory programs pertaining to fishing, including particularly regulations promulgated under the California Fish and Game Code and Fishery Management Plans promulgated under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801

et seq.

, shall remain in effect. All permits, licenses and other authorizations issued pursuant thereto shall be valid within the Sanctuary unless authorizing any activity prohibited by any regulation implementing Article IV. Fishing as used in this article and in Article IV includes kelp harvesting.

Section 2. Defense Activities

The regulation of those activities listed in Article IV shall not prohibit any activity conducted by the Department of Defense that is essential for national defense or because of an emergency. Such activities shall be consistent with the regulations to the maximum extent practicable.

Section 3. Effect on Leases, Permits, Licenses, and Rights

Pursuant to section 304(c) of the NMSA, 16 U.S.C. 1434(c), no valid lease, permit, license, approval, or other authorization issued by any federal, state, or local authority of competent jurisdiction, or any right of subsistence use or access, may be terminated by the Secretary of Commerce or designee as a result of this designation or as a result of any Sanctuary regulation if such authorization or right was in existence on the effective date of this designation. The Secretary of Commerce, or designee, however, may regulate the exercise (including, but not limited to, the imposition of terms and conditions) of such authorization or right consistent with the purposes for which the Sanctuary is designated.

Article VI. Alterations to This Designation

The terms of designation, as defined under section 304(a) of the NMSA, may be modified only by the same procedures by which the original designation is made, including public hearings, consultation with interested federal and state agencies and the Pacific Fishery Management Council, approval by the Secretary of Commerce or designee, and after the close of a review period of forty-five days of continuous session of Congress.

III. Summary of the Regulatory Amendments

This section describes the changes NOAA is making to the CINMS regulations.

1. Clarify and update Sanctuary boundary.

This rule clarifies that “submerged lands” are within the Sanctuary boundary, i.e., part of the Sanctuary. This updates the boundary regulation to make it consistent with the revised terms of designation. (See discussion above for more information.) This rule also clarifies the description of the shoreline boundary to make clear that the shoreline boundary is the Mean High Water Line (MHWL) of Island shores.

2. Revise oil and gas regulation, and add mineral regulation.

This rule modifies the oil and gas regulation by removing the oil spill contingency equipment requirements and modifying exceptions to this prohibition. The equipment requirements are outdated and unnecessary since Minerals Management Service lease agreement terms prescribe more stringent mandatory oil spill contingency plans.

This rule also prohibits exploring for, developing, or producing minerals within the Sanctuary, except producing by-products incidental to hydrocarbon production allowed under the regulations. “Mineral” is defined by the ONMS-wide regulations as clay, stone, sand, gravel, metalliferous ore, non-metalliferous ore, or any other solid material or other matter of commercial value (15 CFR 922.3). Mineral extraction activities could involve scraping the Sanctuary's seabed surface and/or excavation of pits and tunnels into the seabed. This prohibition protects Sanctuary resources and qualities from potentially damaging effects of offshore mineral activities, including (but not limited to): Destruction and direct smothering of the benthic biota; alteration of the seabed surface profile; potential harm to fisheries; introduction of substances (e.g., drill cuttings and mud) that could cause interference with the filtering, feeding, or respiratory functions of marine organisms; loss of food sources and habitat for some species; possible lowered photosynthesis and oxygen levels; and degraded appearance of the water itself. Finally, prohibition of mineral activities within the Sanctuary reduces the risk of potential disturbance to underwater historical resources either through physical disturbance or increased turbidity, which will result in direct long-term beneficial impact to historical resources. A prohibition on mineral activities within the Sanctuary is consistent with the prohibition on alteration of or construction on or in the submerged lands discussed below.

3. Revise regulations on discharge/deposit.

This rule also clarifies and otherwise modifies the regulations prohibiting discharging or depositing any material or other matter as follows:

a. Clarify that the regulation applies to discharges and deposits “from within or into the Sanctuary.” Using the word “into” is intended to make clear that it applies to not only discharges and deposits originating in the Sanctuary (including from vessels in the Sanctuary), but also to, e.g., discharges and deposits from aircraft above the Sanctuary, from docks and piers extending over the Sanctuary, and from cliffs and other land adjacent to the Sanctuary.

b. Clarify that the exception for fish, fish parts, or chumming materials (bait) applies only to such discharges or deposits that were used in or resulting from lawful fishing activity within the Sanctuary and provided that such discharges or deposits are during the conduct of lawful fishing activity in the Sanctuary.

c. Remove the exception for discharging or depositing biodegradable effluents generated by meals onboard vessels. Coast Guard regulations prohibit discharge/deposit of food wastes (garbage) within three nmi and prohibit discharge/deposit of food wastes unless ground to less than one inch within three to twelve nmi. The Sanctuary regulations are modified to mirror the Coast Guard regulations within three nmi and, beyond three nmi, provide increased protection to Sanctuary resources and qualities.

d. Clarify NOAA's original intent of prohibiting untreated sewage discharge/deposit within the Sanctuary. The exception for biodegradable effluent discharges/deposits from marine sanitation devices is now explicit in its application only to operable Type I or II marine sanitation devices approved by the United States Coast Guard in accordance with the Federal Water Pollution Control Act, as amended.

e. Prohibit discharges/deposits of treated and untreated sewage and graywater from vessels 300 gross registered tons (GRT) or greater, except oceangoing ships without sufficient holding tank capacity to hold sewage and graywater, respectively, while within the Sanctuary. Cruise ships (larger than 300 GRT) are not provided an exception and, therefore, are prohibited from discharging/depositing treated or untreated sewage and graywater in the Sanctuary.

These revisions address NOAA's concerns about possible impacts from large volumes of sewage discharges in the Sanctuary, whether treated or not, from large vessels (such as cruise ships). Vessel sewage discharges are more concentrated than domestic land-based sewage. They may introduce disease-causing microorganisms (pathogens), such as bacteria, protozoans, and viruses, into the marine environment (EPA 2007). They may also contain high concentrations of nutrients that can lead to eutrophication (the process that can cause oxygen-depleted “dead zones” in aquatic environments), and may yield unpleasant esthetic impacts to the Sanctuary (diminishing Sanctuary resources and its ecological, conservation, esthetic, recreational and other qualities).

Graywater can contain a variety of substances including (but not limited to) detergents, oil and grease, pesticides and food wastes (Eley 2000). Very little research has been done on the impacts of graywater on the marine environment, but many of the chemicals commonly found in graywater are known to be toxic (Casanova et al. 2001). These chemicals have been implicated in the occurrence of cancerous growths in bottom-dwelling fish (Mix 1986). Furthermore, studies of graywater discharges from large cruise ships in Alaska (prior to strict state effluent standards for cruise ship graywater discharges) found very high levels of fecal coliform in large cruise ship graywater (well exceeding the federal standards for fecal coliform from Type II MSDs). These same studies also found high mean total suspended solids in some graywater sources (exceeding the federal standards for total suspended solids from Type II MSDs). While many older ships have been modified to allow graywater retention, some must still discharge graywater directly as it is produced. Similarly, some older ships have very limited holding tank capacity for sewage. Consequently, given that many older vessels are still in operation, NOAA provides exceptions for sewage and graywater discharge from oceangoing ships without sufficient holding tank capacity to retain sewage or graywater, respectively, while in the Sanctuary.

Treated sewage and graywater discharge from small vessels, and from oceangoing ships without sufficient holding tank capacity to hold sewage and graywater while within the Sanctuary, is anticipated to have a less than significant adverse impact on the Sanctuary's physical, biological, and esthetic resources. Most oceangoing ships have sufficient holding tank capacity to hold sewage and graywater while within the Sanctuary. As for other oceangoing ships, given the much lower

number of people on oceangoing ships (as noted in the FEIS section 3.0, on average oceangoing ships carry crews of approximately twenty people, but may range from five to fifty people), the treated sewage and graywater generated by such ships is far less in quantity as compared to that from cruise ships, and is therefore not expected to contain the larger volume of possible harmful nutrients, pathogens, and chemicals that can be found in cruise ship treated sewage and graywater.

Additional details on the potential impacts to Sanctuary resources from graywater and treated sewage discharges/deposits are provided in the FEIS.

f. Provide a definition of “graywater” that reads as follows: “Graywater means galley, bath, or shower water.” Other discharges, such as those from laundry facilities, are not included in this definition, which is based on section 312 of the CWA. In May 2006, NOAA's proposed rule (71 FR 29096; May 19, 2006) referred to the definition of graywater codified by the CWA; however, due to comments received, NOAA added a free-standing definition for graywater, rather than referring to the CWA.

g. Adopt, for consistency purposes, in relevant part, the existing California Clean Coast Act definition of “oceangoing ship” (California Public Resources Code sec. 72410(j)). The definition of “oceangoing ship” is added to the CINMS regulations to read as follows: “Oceangoing ship means a private, commercial, government, or military vessel of 300 gross registered tons or more, not including cruise ships.”

The California Clean Coast Act definition is the same with one additional phrase at the end: “Calling on California ports or places.” The Sanctuary definition excludes this phrase since ships of this general description may traverse the Santa Barbara Channel TSS, and thereby the Sanctuary, without stopping in California ports or places.

h. Adopt a definition of “cruise ship.” The definition of “cruise ship” is added to the CINMS regulations as follows: “Cruise ship means a vessel with 250 or more passenger berths for hire.”

i. Prohibit discharging or depositing any material or other matter from beyond the boundary of the Sanctuary that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. “Sanctuary resource” is defined at 15 CFR 922.3 as “any living or non-living resource of a National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources.” “Sanctuary quality” is defined at 15 CFR 922.3 as “any of those ambient conditions, physical-chemical characteristics and natural processes, the maintenance of which is essential to the ecological health of the Sanctuary, including, but not limited to, water quality, sediment quality and air quality.” This modification provides consistency with the regulatory language of other more recently designated sanctuaries, and helps to protect Sanctuary resources and qualities from negative influences originating outside the boundaries of the CINMS.

4. Clarify and update regulation on disturbing Sanctuary areas.

This rule modifies the existing prohibition against altering the seabed of the Sanctuary or constructing a structure thereon. The term “seabed” is replaced with “submerged lands” to be consistent with language used in the NMSA. In addition, this rule expands the geographic extent of this regulation from the first 2 nmi offshore to the entire area of the Sanctuary in order to ensure protection of the diverse accentuated bottom relief, varied substrate, and concomitant benthic habitats of the Sanctuary, and wording is conformed with similar regulations at more recently designated sanctuaries. Another change modifies the exception for “bottom trawling from a commercial vessel” to provide an exception for activities incidental and necessary to “conduct lawful fishing activity.” This exception encompasses other bottom-touching gear types, such as pots and traps. This change removes any uncertainty about the existing exception's applicability to such gear types.

This rule also specifies that abandoning—by which is meant leaving without intent to remove, any structure, material, or other matter on or in the submerged lands of the Sanctuary—is prohibited. This change makes the CINMS regulations consistent with regulations at more recently designated sanctuaries and helps protect the Sanctuary from, for example, debris abandoned by Sanctuary users.

5. Modify vessel approach regulation.

NOAA also modifies the vessel approach regulation so that the prohibition against vessel operation within 1 nmi of any of the Islands also applies to all vessels 300 gross registered tons or more (excluding fishing and kelp harvesting vessels). The former regulation prohibiting vessel operation within 1 nmi of any of the Islands applied only to vessels engaged in the trade of carrying cargo and those engaged in the trade of servicing offshore installations. The intent of this modification is to protect the sensitive nearshore areas off the Islands, including kelp forests, rocky reefs, and other areas, from the potential impacts of large-vessel groundings and collisions, including, but not limited to, cruise ships. NOAA modified this prohibition to more directly address its concern that large vessels put at risk sensitive nearshore areas of the Sanctuary regardless of their purpose for operating in nearshore Sanctuary waters.

6. Clarify and update regulation on disturbing historical resources.

This rule also includes a modification to the prohibition on removing or damaging any historical or cultural resource. The rule adds “moving” and “possessing” to the prohibition; replaces “damage” with “injure,” a term defined at 15 CFR 922.3; and adds “attempting” to move, remove, injure, or possess as a prohibition. The intent of this modification is to provide added protection to these fragile, finite, and non-renewable resources so they may be studied, and so appropriate information about them may be made available for the benefit of the public. The rule also replaces “historical or cultural resource” with “Sanctuary historical resource” to be consistent with regulatory language used at several other more recently designated national marine sanctuaries. “Historical resource” is defined in NMSP program-wide regulations as “any resource possessing historical, cultural, archaeological or paleontological significance, including sites, contextual information, structures, districts, and objects significantly associated with or representative of earlier people, cultures, maritime heritage, and human activities and events. Historical resources include ‘submerged cultural resources’, and also include ‘historical properties’, as defined in the National Historic Preservation Act, as amended, and its implementing regulations, as amended.” (15 CFR 922.3).

7. Prohibit take and possession of certain species.

This rule implements a new prohibition on take of marine mammals,

sea turtles, and seabirds, except as authorized by the MMPA, ESA, MBTA, or any regulation, as amended, promulgated under one of these acts. The intent of this regulation is to bring a special focus to protection of the diverse and vital marine mammal and seabird populations and the sea turtles of the Sanctuary. This area-specific focus is complementary to the prohibitions against taking promulgated by other resource protection agencies, especially given that other federal and state authorities must spread limited resources over much wider geographic areas. This regulation is consistent with regulations for several other more recently designated national marine sanctuaries, and provides a greater deterrent due to the higher civil penalties afforded under the NMSA than the penalties provided by the MMPA, ESA, and MBTA. Further, the prohibition covers all marine mammals, sea turtles, and seabirds within or above the Sanctuary. The Sanctuary's regulations do not apply if an activity (including fishing in a federally or state-approved fishery) that results in the take of marine mammals, sea turtles, or seabirds has been authorized under the MMPA, ESA, or MBTA or an implementing regulation. Therefore, under this rule, if NMFS or the USFWS issues a permit for, or otherwise authorizes, the take of a marine mammal, sea turtle, or seabird, such taking would not be prohibited and therefore would not require a permit from the Sanctuary Superintendent unless the activity would violate another provision of the Sanctuary's regulations.

“Take” is defined in the NMSP program-wide regulations at 15 CFR 922.3.

The prohibition on take of marine mammals, sea turtles, and seabirds complements the regulation already prohibiting disturbing seabirds or marine mammals by flying motorized aircraft at less than 1000 feet over the waters within one nmi of any Island. That regulation provides a special focus on a specific type of activity, operation of motorized aircraft, within the particularly sensitive environments of the Sanctuary.

This rule also prohibits possessing within the Sanctuary (regardless of where taken from, moved, or removed from) any marine mammal, sea turtle, or seabird, except as authorized by the MMPA, ESA, MBTA, or any regulation, as amended, promulgated under the MMPA, ESA, or MBTA. This provision provides a greater deterrent against violations of existing laws protecting marine mammals, sea turtles, and seabirds than that offered by those other laws alone. This provision is also consistent with NOAA's regulations for other more recently designated national marine sanctuaries and enhances protection provided by the prohibition on the take of marine mammals, sea turtles, and seabirds discussed above.

8.

Prohibit damaging signs and markers

.

This rule also prohibits marking, defacing, damaging, moving, removing, or tampering with any sign, notice or placard, whether temporary or permanent, or any monument, stake, post, or other boundary marker related to the Sanctuary. This prohibition is designed to protect Sanctuary property used for purposes including demarcation, enforcement, regulatory information, education, outreach, and research. This new regulation is consistent with NOAA's regulations for other sanctuaries.

9.

Prohibit release of introduced species

.

This rule also prohibits introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass (

Morone saxatilis

) released during catch and release fishing activity. “Introduced species” is defined to mean: (1) Any species (including but not limited to any of its biological matter capable of propagation) that is non-native to the ecosystems of the Sanctuary; or (2) any organism into which altered genetic matter, or genetic matter from another species, has been transferred in order that the host organism acquires the genetic traits of the transferred genes. This prohibition is designed to help reduce the risk from introduced species, including but not limited to their seeds, eggs, spores, and other biological matter capable of propagating. The intent of the prohibition is to prevent injury to Sanctuary resources and qualities, to protect the biodiversity of the Sanctuary ecosystems, and to preserve the native functional aspects of the Sanctuary ecosystems, all of which are put at risk by introduced species. Introduced species may become a new form of predator, competitor, disturber, parasite, or disease that can have devastating effects upon ecosystems. For example, introduced species impacts on native coastal marine species of the Sanctuary could include: Replacement of a functionally similar native species through competition; reduction in abundance or elimination of an entire population of a native species, which can affect native species richness; inhibition of normal growth or increased mortality of the host and associated species; increased intra- or interspecies competition with native species; creation or alteration of original substrate and habitat; hybridization with native species; and direct or indirect toxicity (

e.g.

, toxic diatoms). Changes in species interactions can lead to disrupted nutrient cycles and altered energy flows that ripple with unpredictable results through an entire ecosystem. Exotic species may also pose threats to endangered species, and native species diversity. A number of non-native species now found in the Sanctuary region were introduced elsewhere on the west coast but have spread through accidental introductions, such as hull-fouling and ballast water discharges.

The introduced species regulation includes an exception for striped bass (

Morone saxatilis

) released during catch and release fishing activity. Striped bass were intentionally introduced in California in 1879, and in 1980 the California Department of Fish and Game initiated a striped bass hatchery program to support the striped bass sport fishery, which according to the California Department of Fish and Game is one of the most important fisheries on the Pacific Coast. The California Department of Fish and Game manages the striped bass fishery through a Striped Bass Management Conservation Plan. This provision is intended to acknowledge that striped bass are the focus of an established state-managed sport fishery and, since they consequently may be caught within the Sanctuary, allow for an exception for striped bass released during catch and release fishing activity.

10.

Regulate Motorized Personal Watercraft (MPWC)

.

This rule also prohibits operating a MPWC within waters of the Sanctuary that are coextensive with the Channel Islands National Park (CINP), established by 16 U.S.C. 410(ff). The CINP includes San Miguel and Prince Islands, Santa Rosa, Santa Cruz, Anacapa and Santa Barbara Islands, including the rocks, islets, submerged lands, and waters within one nmi of each island. For the precise coordinates and a map of the CINP, refer to the FEIS. This provision mirrors an existing National Park Service ban on use of MPWC within waters of the CINP and many other units of the National Park System, and is intended to provide added deterrence for purposes of ensuring protection of the Sanctuary's sensitive nearshore marine wildlife and habitats. The CINP staff have observed an increase in use of MPWC within the park over the last several years, and park staff issue several dozen warnings per year for violation of this ban. For

consistency (including enforcement), this rule adopts the National Park Service definition of MPWC (36 CFR 1.4(a)) for the Sanctuary, which reads as follows:

“Motorized personal watercraft” means a vessel, usually less than 16 feet in length, which uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel is intended to be operated by a person or persons sitting, standing or kneeling on the vessel, rather than within the confines of the hull. The length is measured from end to end over the deck excluding sheer, meaning a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, and similar fittings or attachments, are not included in the measurement. Length is stated in feet and inches.

MPWCs operate in a manner unique among recreational vessels and pose a threat to wildlife. Their shallow draft enables them to penetrate areas not available to conventional motorized watercraft (NPS 2000, MOCZM 2002). The high speed and maneuverability of MPWCs, along with the tendency to operate them near the shore and in a repeated fashion within a confined area, results in recurring disturbance to animals and habitats (Rodgers and Smith 1997, Snow 1989). Studies have shown that the use of MPWCs in nearshore areas can increase flushing rates, reduce nesting success of certain bird species, impact spawning fish, and reduce fishing success (Burger 1998, Snow 1989). The National Park Service (2000, 2004) identified several of these impacts along with interruption of normal activity, avoidance and displacement, loss of habitat use, interference with movement, direct mortality, interference with courtship, alteration of behavior, change in community structure, elevated noise levels, and damage to aquatic vegetation. Further, offshore marine mammals or surfacing birds may be unaware of the presence of these vehicles due to their low frequency sound; when the inability to detect the vehicles is combined with their high speed and rapid and unpredictable movements, both animals and operators are at risk (Snow 1989).

MPWC manufacturers have made efforts to reduce emissions and noise through use of more efficient four-stroke engines as well as other technology (

e.g.

, Bombardier Recreational Products, Inc. 2005a, 2005b; Personal Watercraft Industry Association 2005). However, it is not clear that such improvements have rendered MPWC-caused wildlife disturbance impacts insignificant. While industry sponsored studies indicate that MPWCs are no louder than similar motorized vessels under analogous conditions, other studies indicate that because MPWCs often travel repeatedly in the same area, continually leaving and reentering the water, they can create rapid cycles of noise that disturb humans and wildlife (MOCZM 2002). Industry improvements in noise and other emissions do not address impacts associated with the high speed, maneuverability, shallow draft, and nearshore operation of MPWC.

The area within one nmi of island shores experiences the greatest visitor use and impact to sensitive nearshore Sanctuary marine resources. The new provisions implemented through this final rule serve as an added deterrent to illegal MPWC use within the nearshore area and other waters of the Channel Islands National Park.

11.

Revise regulation on military activities

.

This rule modifies regulations stating that all activities currently (

i.e.

, at the time of designation in 1980) carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions contained within the other Sanctuary regulations. As part of this modification, the list of exempt military activities occurring within the Sanctuary is updated to include present military activities if specifically identified in the Final Environmental Impact Statement (FEIS) for this rule. In addition, the rule adds language consistent with the NMSA, stating that mitigation and restoration or replacement of Sanctuary resources and qualities is required when Department of Defense activity results in their injury, destruction, or loss. All Department of Defense activities are required to be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities.

This rule also adds one exception pertaining to vessels of the Armed Forces to the two discharge/deposit regulations discussed earlier. Namely, an exception is made for discharges allowed under section 312(n) of the Federal Water Pollution Control Act. Section 312(n), which was enacted in 1996, provides for uniform national standards for discharges, other than sewage, incidental to normal operation of vessels of the Armed Forces.

12.

Revise permit regulations

.

This rule also modifies the Sanctuary's permit regulations by: (a) Augmenting and clarifying the list of activities for which the Director of NOAA's ONMS (Director)

2

may issue a permit; (b) clarifying which prohibitions are eligible for a permit from the Director for the conduct of a particular activity; (c) expanding and clarifying the criteria the Director must use in reviewing permit applications; (d) clarifying the application requirements for permits; and (e) requiring that all permittees hold the United States government harmless against claims arising from permitted activities.

2

The Director has delegated the responsibility for the review of most permit applications and the decision making for most permits to the Sanctuary Superintendents.

The modifications clarify that the Director may issue permits for salvage activities pertaining to both abandoned shipwrecks (invoking maritime heritage resource protection concerns) and recent air or marine casualties (invoking prompt response concerns). The modifications also allow the Director to issue permits for activities that would assist Sanctuary management, but that do not fall into the categories of research, education, or salvage. For example, the Director may issue Sanctuary management permits for activities such as repairing or replacing piers that help facilitate Sanctuary operations. The updated list of otherwise prohibited activities that may be conducted pursuant to a permit is necessary given the addition of several new prohibitions and the recent addition of marine reserves and conservation area regulations, and given the need to specify those activities for which a permit may in no circumstances be granted.

The modifications to the permit regulations also strengthen and augment the criteria that the Director must consider when evaluating permit applications. The modifications now expressly indicate to prospective permit applicants what type of information they are required to include in their application. The modifications also modernize the permit regulations by expressly requiring that the permittee agree to hold the United States harmless against any claims arising out of the permitted activities.

In summary, the overall intent of the revised permit regulations is: To clarify, standardize, and make express the permit requirements and procedures, rendering them easier for permit applicants to comply with and for the Director and Sanctuary staff to implement; to ensure that permitted projects are appropriate for the Sanctuary; and to provide a mechanism for issuing permits for activities that

may further Sanctuary management but would otherwise be prohibited.

13. Make non-substantive revisions to regulations on marine reserves and conservation areas.

This rule makes non-substantive revisions to the regulations on marine reserves and conservation areas to remove some unnecessary language and to better integrate the regulations with the rest of the CINMS regulations.

IV. Response to Comments

This section provides NOAA's response to comments received between May and July 2006 on the proposed rule and during two hearings on the proposed rule and associated DEIS, and to comments received between March and May 2008 on a second proposed rule and associated supplemental DEIS (or SDEIS). NOAA received over 700 comments on the DEIS, SDEIS, and proposed rules. NOAA summarized the comments according to the content of the statement or question put forward in the letters, emails, and written and oral testimony at the public hearings on this action because many of the comments touched upon the same or similar issue and could be answered with one response.

Abandoning Matter

Abandoning Matter—Fishing Gear

1.

Comment:

The proposed prohibition on abandoning is too broad and may cause an unnecessary burden on existing lawful fishing activities by appearing to render illegal the inadvertent loss of fishing gear. The proposed regulation should clarify the specific materials and situations prohibited, or exempt fishing gear lost during lawful fishing operations—if the owner or operator attempts to recover the gear with the equipment available to them at the time of the loss.

Response:

In the rule's summary of regulatory amendments, NOAA has stated that “abandoning” refers to “leaving without intent to remove.” NOAA is not providing an exception for lost fishing gear. However, NOAA would consider the efforts made by fishermen to retrieve any deployed fishing gear in determining whether the loss of fishing gear constituted the abandonment of matter on or in the submerged lands of the Sanctuary.

Abandoning Material—General

2.

Comment:

The abandoning prohibition is overly broad and could be a detriment to safety of life at sea in that the threat of penalty may cause a master to delay abandonment of his sinking vessel beyond what is prudent and which could result in unnecessary loss of life. This section of the regulations should be much more narrowly drafted to allow for a master's judgment in extremis.

Response:

The regulation includes an exception for “an activity necessary to respond to an emergency threatening life, property, or the environment.”

Abandoning Matter—Abandoned Vessels vs. Historical Resources

3.

Comment:

The proposed abandoning prohibition eliminates continuation of a historic record by making it illegal to leave historic vessels in the Sanctuary after they have sunk. NOAA should establish guidelines delineating the difference between an abandoned vessel and an historical or archaeological resource.

Response:

NOAA does not automatically consider newly sunken vessels as historical resources to be protected. The extent to which removal of a sunken vessel would be required is based on several factors, including guidelines set by National Historic Preservation Act (NHPA) criteria (16 U.S.C. 470

et seq.

) for determining historical significance.

Acoustic Impacts

Acoustic Impacts—General Action Recommendations

4.

Comment:

The FMP's Resource Protection Action Plan should include an acoustics strategy that identifies underwater noise as an issue, explains potential sources of noise (

e.g.

, seismic testing and sonar) and their effects on marine life, and explains NOAA's plans for noise evaluation and response in the Sanctuary.

Response:

The FMP's Resource Protection Action Plan identifies human-induced acoustic impacts as a resource protection issue, explains potential sources of noise and their potential effects on marine life, and explains how NOAA is evaluating and responding to this issue in the Sanctuary.

5.

Comment:

Given increasing shipping traffic and its associated noise in the CINMS region, the FMP's Conservation Science Action Plan should provide strategies for tracking and/or quantifying vessel traffic through the Sanctuary and, if needed, mitigating or minimizing ship noise.

Response:

NOAA has added to the FMP's Conservation Science Action Plan a new Strategy CS.8 on Automated Identification System (AIS) Vessel Tracking. This strategy explains NOAA's long-term plan for large vessel tracking within and around the Sanctuary. See also FMP Strategy CS.3 for related information on acoustic monitoring in the Sanctuary, and the FMP's Resource Protection Action Plan (Description of the Issues) for related information on addressing human-induced acoustic impacts.

6.

Comment:

CINMS should formally consider energetic discharges from human activities as pollutants in the same manner in which organic and chemical discharges are considered. Several precedents for this already exist, including California state law (the California Thermal Plan), federal law (the Clean Water Act), and international law (UN Convention on the Law of the Sea).

Response:

While NOAA does not consider noise discharge as a “pollutant,” any impacts resulting from noise on marine mammals and other endangered species are regulated under the Marine Mammal Protection Act and the Endangered Species Act. At this time, NOAA believes these measures are sufficient to address the threat of human-induced sound on these sensitive species.

7.

Comment:

NOAA should establish a voluntary “speed limit” for commercial ship traffic passing through or near the Sanctuary during blue and fin whale inhabitation to reduce the noise impacts on these species.

Response:

Since 2007, NOAA and the U.S. Coast Guard have issued Local Notices to Mariners containing a request that large vessels transiting the Santa Barbara Channel voluntarily reduce their speed to ten knots or less when aggregations of large cetaceans are present. NOAA and the U.S. Coast Guard may issue future notices as conditions warrant them. Although the rationale for these notices is to help reduce the risk of ship strikes on whales, ancillary benefits of reduced ship speeds generally include reduced vessel noise.

8.

Comment:

NOAA should consult with the Minerals Management Service (MMS) on future proposed seismic survey activities in the Channel and with the Navy to ascertain the likelihood of any active sonar exercises in range of the CINMS to ensure they cause minimal disruption to the migration or reproduction of Sanctuary species.

Response:

Section 304(d) of the NMSA requires any federal agency to consult with the NMSP on activities that are likely to destroy, cause the loss of, or injure any Sanctuary resource (whether or not those activities are conducted within a national marine sanctuary). This would of course apply to both seismic and sonar activities.

Furthermore, regarding seismic activities within the Sanctuary, CINMS regulations prohibit exploring for, developing, or producing hydrocarbons.

Acoustic Impacts—Regulations

9.

Comment:

NOAA should create CINMS noise regulations and/or ban sonar testing to help protect Sanctuary wildlife, and/or make the enter-injure clause of the discharge regulation applicable to noise pollution.

Response:

NOAA and its partners are researching underwater noise in the Sanctuary. Currently, the available site-specific acoustic data is insufficient to justify the need for more stringent regulations on underwater noise than those promulgated by NMFS pursuant to the Marine Mammal Protection Act (MMPA; 50 CFR 216.101-216.108

et seq.

). Except in a small grandfathered lease area, CINMS regulations preclude seismic exploration for hydrocarbons within the Sanctuary, as they prohibit exploring for, developing, or producing hydrocarbons within the Sanctuary. Any activities that may exceed a certain noise threshold are subject to rigorous review under NMFS' MMPA authority, which includes mitigation measures when deemed necessary.

While NOAA is not pursuing special noise regulations for CINMS at this time, NOAA will continue to use its authority under section 304(d) of the NMSA (16 U.S.C. 1434(d)) to help protect marine mammals from the impacts of noise. Section 304(d) of the NMSA requires any federal agency to consult with the NMSP on activities that are likely to destroy, cause the loss of, or injure any Sanctuary resource. This consultation requirement requires NOAA to provide recommendations to these agencies to protect Sanctuary resources, including marine mammals. If an agency fails to follow a recommendation and its action results in injury to a Sanctuary resource, the agency must restore or replace the Sanctuary resource. In addition, if a noise-producing project is not authorized by NMFS under its MMPA authority and harms marine mammals within the Sanctuary, the CINMS's new regulation prohibiting the take of marine mammals, sea turtles, and seabirds would apply.

10.

Comment:

NOAA staff should advocate for domestic and international attention to and action on the current gaps in understanding and regulation of underwater noise.

Response:

As a federal agency, under federal law NOAA staff may not advocate for legislative action. However, research and monitoring on underwater noise in the Sanctuary is shared within NOAA and as such can influence Executive Branch actions and decision-making related to this issue. NOAA staff also help raise international attention to noise impacts by participating in and sharing knowledge at conferences on this issue. For example, NOAA sponsored a symposium with the shipping industry on the topic of ship-quieting technology in 2004, and again in May 2007.

Acoustic Impacts—Research and Monitoring

11.

Comment:

The FMP should explain NOAA's plans for noise research and monitoring in the Sanctuary, which should include: Promoting research on anthropogenic noise impacts on Sanctuary resources; documenting and improving understanding of Sanctuary baseline and new acoustic conditions; identifying significant sources and levels of noise within the Sanctuary; and promoting dialogue and collaboration between the Sanctuary, the shipping industry, and other relevant regional and national agencies.

Response:

Increasing research efforts, such as those recommended within the National Academies' National Research Council's recent reports on the impacts of noise on marine mammals, will assist NOAA in continuing to evaluate the agency's management responses to this issue. NOAA has revised the FMP's Conservation Science Action Plan to include details on current and potential future acoustic research and monitoring plans in the CINMS. In addition, NOAA has addressed promoting dialogue and collaboration between relevant agencies and the shipping industry in the Resource Protection Action Plan (see the Description of the Issues section on Human-induced Acoustic Impacts). NOAA's Acoustics Program, based at the NOAA Headquarters Office, is investigating all aspects of marine animal acoustic communication, hearing, and the effects of sound on behavior and hearing in protected marine species. For additional information, see

http://www.nmfs.noaa.gov/pr/acoustics/.

12.

Comment:

The FMP's Conservation Science Action Plan should include a “stranding strategy” for addressing potential noise induced marine mammal stranding events. It should address: Funding, monitoring, data reporting (including from stranding, necropsies, and noise events), and public involvement.

Response:

NOAA has not added a stranding strategy to the Conservation Science Action Plan. However, the Resource Protection Action Plan (Description of the Issues section on Marine Mammal Strikes) describes CINMS's role in responding to and reducing the risk of future stranding events (

e.g.

, those caused by ship strikes) in the Sanctuary. The Action Plan reflects that in 2008, CINMS, NMFS, and the U.S. Coast Guard, with input from the Sanctuary Advisory Council, developed a Prevention and Emergency Response Plan for Reducing Ship Strikes on Blue Whales and Other Large Cetaceans in the CINMS and Santa Barbara Channel. This prevention and response plan helps NOAA and the U.S. Coast Guard respond to stranding events and helps the agencies coordinate with partners authorized to assist including the Santa Barbara Museum of Natural History, and the Santa Barbara Marine Mammal Center. NMFS manages marine mammal stranding events and administers the Marine Mammal Stranding Network program. This program addresses funding for stranding teams, monitoring marine mammal stranding events, reporting on stranding causes (including those from acoustics), and managing public involvement in necropsies. In addition, NMFS administers the Marine Mammal Protection Act and Endangered Species Act, and would be responsible for acquiring information on all possible causes of stranding events. With regard to monitoring for stranding events, the Sanctuary's Aerial Monitoring and Spatial Analysis Program (SAMSAP) provides an important stranding detection capability that provides important information for estimating time and location of a large whale mortality. SAMSAP also provides details that can be used by NMFS to coordinate a stranding response, including a necropsy, if possible and appropriate, to determine the cause of death.

13.

Comment:

NOAA should incorporate into the Conservation Science Action Plan the Advisory Council acoustic report's research and monitoring recommendations.

Response:

NOAA has incorporated the report by referencing it and a summary of its findings in the FMP Resource Protection Action Plan's Description of the Issues section. Additionally, a description of acoustic monitoring, which was recommended in the report, has been added to the Conservation Science Action Plan's list of monitoring activities CINMS intends to support (Strategy CS.3). NOAA has also referred to specific research and monitoring recommendations within relevant activities in strategies CS.3, and CS.8.

Aerial Monitoring

14.

Comment:

The Sanctuary Aerial Monitoring and Spatial Analysis Program (SAMSAP) program should be explicitly linked to the Conservation Science Program so that SAMSAP's capabilities can be analyzed with respect to more specific science and monitoring needs. For example, SAMSAP could provide a current spatial dataset depicting marine mammal and bird hotspots, and areas of concentrated use of large vessels, personal watercraft, squid boat lighting, sources of major acoustic emanations, etc.

Response:

In the past, due to limited resources, SAMSAP has been predominantly a data collection program with only limited analyses taking place on an as-needed and time allowed basis. Since the draft management plan was released, NOAA has devoted more resources to SAMSAP and in depth analyses are taking place with both recently collected data and the full SAMSAP historical database. For example, NOAA analyzed SAMSAP vessel traffic data used in socioeconomic impact studies related to marine zoning. NOAA is also analyzing changes in visitor use patterns, and in partnership with the Scripps Institute of Oceanography is combining data from SAMSAP, acoustic monitoring, and the regional Automated Identification System (which tracks vessel traffic) to study the impacts of vessel traffic noise on large cetaceans. Given available funding and resources, SAMSAP will continue to be increasingly used as a tool to assist in implementation of the strategies in the FMP's Conservation Science Action Plan.

Aircraft

15.

Comment:

NOAA should remove the language regarding disturbing seabirds or marine mammals from the prohibition on disturbing seabirds or marine mammals via operating aircraft below 1000 ft within one nmi of the Islands, thereby prohibiting the activity itself without the enforcement challenge of proving disturbance.

Response:

NOAA is currently consulting with the Federal Aviation Administration, the primary agency of the U.S. Government with authority to regulate safe and efficient use of U.S. airspace, to determine the best approach to regulating impacts of aircraft on Sanctuary resources. If removing the language in the referenced prohibition is determined to be appropriate, NOAA will revise its regulations accordingly.

16.

Comment:

NOAA should justify the one nmi limitation for the overflight disturbance regulation based on information about the location and seabird and marine mammal concentrated use areas within the Sanctuary (such as emergent rocks). If one of the purposes of limiting overflights is to protect seabirds and marine mammals, it would seem that they will be impacted beyond one nmi of the Islands and the regulation should apply to the entire Sanctuary.

Response:

Some small offshore rocks beyond one nmi from San Miguel Island and Santa Rosa Island are emergent during lower periods of the tidal cycle. However, the presence of these rocks is ephemeral because most are submerged during the remainder of the tidal cycle, some are consistently awash from wave action, and others may be completely submerged during neap tide cycles when tides are relatively weak. Hence, the role of such rocks as nesting, breeding, or permanent haul out habitat is limited. Low aircraft overflights (below 1000 feet) within these more remote offshore areas is limited, and NOAA does not at this time regard these areas as needing the specific protection provided by this regulation. However, all aircraft flight is also subject to the prohibition on unauthorized take of marine mammals, sea turtles and seabirds (Prohibition 7), which applies throughout the entire Sanctuary.

Alternative Energy

17.

Comment:

NOAA should include in the FEIS a description of the Energy Policy Act of 2005.

Response:

NOAA has added information about the Energy Policy Act of 2005 to the FEIS cumulative effects section, and to the FEIS discussion of federal law pertaining to offshore energy sources and mineral exploration and development.

Aquaculture

18.

Comment:

The FMP must provide clear, specific, strategic guidelines to CINMS staff to carry out resource protection responsibilities with regard to open finfish aquaculture, including consulting with prospective fish farm operators and permitting agencies, and maintaining adequate enforcement effort to ensure that offshore aquaculture activities, even if located outside Sanctuary boundaries, do not violate CINMS regulations such as the discharge prohibition's “enter-and-injure” clause, and the prohibition on introduction of species.

Response:

The FMP does not contain guidelines dedicated to aquaculture. However, a number of management tools already in place, such as the permit process and consultation requirements, provide CINMS staff with a robust means of addressing any potential issues regarding open ocean finfish aquaculture in the Sanctuary. In addition, CINMS existing regulations prohibit, for example, discharges in the Sanctuary, and the new regulations prohibit introduced species into the Sanctuary. If offshore aquaculture activities are proposed in the Sanctuary region, NOAA's ONMS and NMFS would work closely with the California Coastal Commission, California Department of Fish and Game, and other relevant regulatory agencies on analyzing the associated potential impacts and their effects on the Sanctuary. NOAA will also use the Sanctuary Advisory Council's 2007 report and recommendations on open ocean aquaculture, in support of any future management decisions on this issue in the Sanctuary. Regarding maintaining enforcement effort, see the responses to comments 118 and 120.

19.

Comment:

NOAA should develop management strategies for addressing and mitigating potential impacts from aquaculture on the Sanctuary's marine resources. NOAA should also analyze the adverse impacts to marine resources and water quality from finfish aquaculture farms, including genetic pollution from escaped fish, the introduction and propagation of fish diseases and parasites, the discharge of nutrients, antibiotics and other chemicals, the use of anti-predation devices and the potential for space conflicts with existing commercial and recreational activities.

Response:

NOAA will continue to track the wide range of research projects (and their associated results) currently underway along the west coast of the United States and elsewhere analyzing the impacts of aquaculture. NOAA would apply the results from these research efforts, as necessary and appropriate, in decisions it may make regarding any future aquaculture activities in the Sanctuary. Regarding management strategies for addressing potential impacts from aquaculture, see the response to comment 18.

Artificial Reefs

20.

Comment:

The prohibition on altering the seafloor may conflict with existing artificial reef programs if the Sanctuary is extended to the mainland coast.

Response:

NOAA is not making any changes to the CINMS boundary at this time. The prohibition on altering submerged lands of the Sanctuary precludes installation of an artificial reef without a CINMS permit. Proposals to construct artificial reefs in CINMS

will be considered, as before, in accordance with the “Policy Statement of the National Marine Sanctuary Program: Artificial Reef Permitting Guidelines.” CINMS permit regulations would require an NMSP determination that any proposed artificial reef: (a) Furthers the understanding of Sanctuary resources and qualities; (b) furthers the educational value of the Sanctuary; (c) furthers salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; (d) assists in the management of the Sanctuary; or (e) furthers salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary. For more information on the procedures and issuance criteria for Sanctuary permits, see 15 CFR part 922.

21.

Comment:

NOAA should prohibit rigs-to-reefs projects within Sanctuary waters, and should consult with project applicants and permitting agencies before such projects are allowed outside Sanctuary boundaries if they have any potential to negatively affect Sanctuary resources.

Response:

Because there are both a national policy guiding the consideration of artificial reefs and other CINMS regulations relevant to artificial reefs in the Sanctuary (see the response to comment 20), NOAA is not specifically addressing rigs-to-reefs projects in the CINMS regulations. In addition, there are currently no oil platforms in the Sanctuary. If in the future an applicant proposes a rigs-to-reefs project outside the Sanctuary, CINMS staff would consult with all relevant permitting agencies as part of the process to best understand any potential impacts to the Sanctuary from such a proposal. Federal agency actions, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure a Sanctuary resource are subject to consultation with NOAA per section 304(d) of the NMSA.

22.

Comment:

NOAA should provide an exception to the abandoning prohibition for materials intended to be used for artificial reefs, especially if subsequent Sanctuary boundary changes cause an existing platform(s) on the Pacific OCS to be included within the Sanctuary.

Response:

As explained in the response to comment 20, NOAA has developed Artificial Reef Permitting Guidelines. At this time, NOAA is not adding a reef materials exception to the regulation on abandoning matter in the Sanctuary because NOAA prefers to evaluate the efficacy of artificial reef proposals on a case-by-case basis rather than to provide a blanket exception that would allow any artificial reef project anywhere within the Sanctuary.

Boundary Evaluation

23.

Comment:

The FMP/FEIS should be updated to note that the Biogeographic Assessment has been completed, and should also explain that the assessment ranked boundary concept 1 first for ecological significance, and boundary concept 2 second.

Response:

Text on the completion of the Sanctuary's biogeographic assessment has been added to the FMP's Boundary Evaluation Action Plan, the FMP's Appendix D, and the Introduction of the FEIS. For details about the findings of the assessment, including details about the various boundary concepts and their rankings, see

http://ccma.nos.noaa.gov/products/biogeography/cinms/.

24.

Comment:

Boundary Concept 1 best meets the goals and objectives of the National Marine Sanctuaries Act and the CINMS, is the only one that truly meets the ecosystem protection goals of the Act, provides clear and effective management, facilitates increased public participation and support for the Sanctuary, provides more meaningful education and research about marine resources and habitats, ensures greater protection from harmful impacts, provides a coastal interface that is part of the Channel Islands ecosystem, provides additional protection from offshore oil and gas development, and will result in partnerships that will increase marine resource and water quality protection.

Response:

As stated in the FMP's Appendix D (“Supporting Information on Boundary Evaluation”), NOAA is not considering any changes to the CINMS boundary as part of this management plan review. However, NOAA will further analyze the boundary concepts in a separate process sometime in the future. This process will include public review and comment in accordance with legal requirements.

25.

Comment:

NOAA should begin the environmental review process for boundary change alternatives now or as soon as the management plan process is finalized.

Response:

As indicated in the FMP's Boundary Evaluation Action Plan, NOAA will further analyze the boundary concepts in a future environmental review process.

26.

Comment:

NOAA might garner a lot more support for Sanctuary boundary expansion by proposing to limit oil and gas activities while supporting pre-existing, sustainable, commercial and recreational uses, as opposed to re-allocating the natural resources within the Sanctuary.

Response:

When NOAA considers Sanctuary boundary expansion, it will evaluate a wide variety of potential threats to and uses of Sanctuary resources, as well as various management measures that best address these issues. When designating new or expanding existing sanctuaries, NOAA will evaluate oil and gas development, as well as other commercial and recreational uses. NOAA will consider the impacts of these uses on Sanctuary resources, as well as the impacts of CINMS management measures on users.

27.

Comment:

During the future consideration of CINMS boundary expansion, NOAA should allow for enough public review of this action to encompass two meetings of the Pacific Fishery Management Council (PFMC) and allow for full PFMC deliberation and comment development.

Response:

NOAA is aware of the PFMC decision-making process and will consider providing a public review period that encompasses two PFMC meetings.

28.

Comment:

NOAA should address the fact that industrialized uses could have the prospect of limiting boundary expansion.

Response:

NOAA believes it is premature to include in the FMP and FEIS conclusive statements about how CINMS boundary alternatives and industrialized uses may relate to one another. NOAA will analyze the relationship between industrialized uses and Sanctuary boundary alternatives in a future environmental review process.

29.

Comment:

NOAA should indicate the number of comments received that were not in favor of boundary expansion.

Response:

NOAA has revised text in the FMP to indicate the number of scoping comments received that did not support an expanded Sanctuary boundary.

30.

Comment:

The NCCOS Biogeographic study should not be described as providing any new information about marine species because it using existing information.

Response:

Although new data was not collected for the NCCOS biogeographic study, it integrated data sets from various sources and provided new statistical and spatial analyses that characterize biological and oceanographic patterns of the Channel Islands marine region.

31.

Comment:

If incorporation of biodiversity and protection of entire ecosystems is a goal in boundary reformulation, then the boundaries should be extended because they do not

correspond well to existing marine ecosystem extents.

Response:

Once NOAA determines that an evaluation of the CINMS boundary is appropriate, several factors will be incorporated into the associated environmental analysis, including the spatial extent of regional ecosystems and areas of complex biodiversity.

Chumash

Chumash—General

32.

Comment:

NOAA should add to the management plan information about the spirituality and spiritual energy of the Channel Islands, and the Chumash connection to surrounding waters.

Response:

NOAA has added text to the FMP Human Setting section, the FMP Maritime Heritage Resources Action Plan, and the FEIS Affected Environment/Maritime Heritage Resources section to emphasize the spiritual significance of the Channel Islands to Chumash people.

33.

Comment:

Members of the Chumash community, not NOAA, should initiate any joint paddling excursions directly with the Makah Nation.

Response:

NOAA has revised the FMP's Maritime Heritage Action Plan to clarify that NOAA's intent is not to initiate paddling excursions, but rather to support such excursions initiated by Chumash and other partners.

34.

Comment:

Information about submerged Chumash cultural resources should be referenced to and provided by Chumash scholars and Chumash people.

Response:

In the FMP and FEIS, NOAA has upheld the standard of using the best available scientific information, including the best available anthropological and archeological information regarding submerged Chumash cultural resources. CINMS staff consulted with a Chumash community member and expert to improve referencing and ensure accuracy.

35.

Comment:

It is important that DMP p. 28 states that, “Archaeologists suggest the Sanctuary may have once been the site of Chumash villages* * *,” because there are sites now submerged due to changing sea level.

Response:

Comment noted.

36.

Comment:

The management plan should explain how Chumash people are involved in monitoring artifacts, and what federal, state and local regulations pertain to Chumash monitoring of artifacts.

Response:

NOAA has added an activity to FMP Strategy MH.4 that describes how the NOAA will consult with the Sanctuary Advisory Council and ask for the assistance of its Chumash Community Working Group in clarifying existing requirements and discussing best practices regarding protection and handling of Chumash artifacts.

37.

Comment:

NOAA should increase funding and planned efforts for Strategy MHR.6 on Promoting Public Education of Chumash Native American History.

Response:

NOAA will continue to contribute staff time and vessel support toward the implementation of this Strategy (now referred to as MH.6), and will continue to support the Sanctuary Advisory Council's Chumash Community Working Group. NOAA will allocate additional resources as funding allows.

38.

Comment:

NOAA should hire Chumash staff to properly implement the Maritime Heritage Resources Action Plan.

Response:

Should NOAA add any new staff positions at CINMS, such positions must be open to all qualified individuals. In addition, NOAA encourages individuals from all local communities to participate in the Sanctuary's Maritime Heritage Resources Volunteer Program (see strategy MH.2).

39.

Comment:

NOAA should establish an internship for Chumash high school and/or college students.

Response:

NOAA initiated a Chumash internship at the Sanctuary in 2008. NOAA values this internship for improving coordination and partnership building between CINMS and the Chumash community, and as a means to introduce Chumash students to marine conservation education and resource protection professions. NOAA looks forward to continuing the internship as resources allow.

40.

Comment:

NOAA should separate shipwreck information from Chumash cultural information in the Maritime Heritage Resources Action Plan.

Response:

The majority of the strategies contained in this action plan bear relevance to researching, protecting, and conducting outreach and education not only on shipwrecks, but also on Chumash cultural sites and artifacts. However, given that NOAA regards Chumash culture, past and present, as a special part of the Sanctuary's maritime heritage, the FMP's planned activities to support education about Chumash heritage are contained in a separate strategy.

41.

Comment:

A cave in Oregon has been recently determined to house the oldest human remains found in North America; therefore the reference to Santa Rosa Island as such should be revised.

Response:

NOAA has revised FMP and FEIS text accordingly.

Chumash—Inclusion Across Tribal, Political, and Social Groupings

42.

Comment:

The documents should reflect that there are many Chumash tribal, political and social groupings. The Chumash Maritime Association should not be the only Chumash group considered in DMP Strategy MHR.6 activities on Promoting Public Education of Chumash Native American History.

Response:

NOAA has added information about various Chumash bands, tribal, political, and social groupings to the FMP Human Setting section, and elsewhere within the FMP/FEIS documents. NOAA has listed the Sanctuary Advisory Council's Chumash Community Working Group as the Chumash community partner in Strategy MH.6 activities. The Chumash Community Working Group is open to membership from the entire Chumash community, and its purpose is to advise the Sanctuary Advisory Council, and in turn the Sanctuary, regarding matters related to the Chumash community. NOAA has also replaced the detailed activity and program ideas within MH.6 with a new activity that outlines a plan to work with the Chumash community (via the Chumash Community Working Group) to identify mutual objectives for supporting public education about Chumash heritage.

43.

Comment:

NOAA should explore a government-to-government relationship with the Chumash.

Response:

As the Santa Ynez Band of Chumash Indians is a federally recognized tribe, any interaction between the Santa Ynez Band and NOAA occurs in the context of a relationship between two government entities, and within the limits of the Santa Ynez Band's and the Sanctuary's respective jurisdictions and authorities.

Chumash—Language Revisions

44.

Comment:

Portions of the Draft Management Plan should be rewritten, especially under the Maritime Heritage Resources Action Plan, because the text contains many examples of “word and meaning biases and conflicts.” NOAA should work collaboratively with the Chumash before developing the final versions of the documents.

Response:

Although the Sanctuary Advisory Council's Chumash Community Working Group was not available for meetings during the time the final text was being prepared, CINMS staff consulted with a Chumash community member and expert and have worked to fully respond to the

Chumash community comments received. NOAA looks forward to continuing to partner with the Chumash community on implementation of activities described within the FMP.

45.

Comment:

The Draft Management Plan contains several examples of culturally biased language creating the perception of diminished Native Chumash history, presence, participation and responsibility, and some of the language conveys a patriarchal nature of the relationship between the NOAA and the wider Chumash community. It brings an otherwise unaware reader to the conclusion that the Sanctuary is in the role of a necessary savior of native Chumash traditions and teachings.

Response:

Text in the DMP was crafted to indicate that NOAA's role will be one of assisting, supporting, and helping in Chumash efforts aimed at cultural revitalization that also align with the mission of the CINMS. NOAA staff have consulted with a Chumash community member and expert and have worked to fully respond to the Chumash community comments received, including by clarifying CINMS's intended role as a supporter of Chumash initiated efforts in supporting public awareness and understanding of Chumash heritage. NOAA looks forward to continuing to partner with the Chumash community on implementation of activities described within the FMP.

46.

Comment:

A reference to educating Chumash community members on such topics as respectful gathering skills reflects a sense of arrogance and difference in world view. No matter who NOAA partners with, it cannot teach me to be respectful.

Response:

Text in the DMP (strategy MHR.6, activity 3) indicated that the CINMS role in this activity would be to help the Chumash Maritime Association and Chumash Community Working Group provide education and outreach opportunities for the larger regional community regarding Chumash and environmental issues. The text also indicated that this program would be designed primarily for Chumash people to educate their fellow Chumash and others about Chumash heritage. However, in an effort to ensure broader Chumash community input NOAA has replaced this specific activity in FMP strategy MH.6 with activities that now describe a process for working together to identify mutual education and outreach objectives.

47.

Comment:

NOAA should revise text that refers to “descendents of” Chumash, since such people identify themselves as Chumash, not descendents.

Response:

NOAA has replaced references to “descendants of Chumash” with “Chumash.”

48.

Comment:

The DMP's description (at Part II-C, The Human Setting) of the importance of the Channel Islands and surrounding waters to humans for thousands of years is confusing and unclear.

Response:

NOAA has revised this text within the FMP's section II-C. See also the response to comment 44 for information on NOAA's efforts to develop Chumash related text.

49.

Comment:

NOAA should add information about the forced relocation of Island Chumash people.

Response:

NOAA has added information to the FMP Human Setting section, the Maritime Heritage Resources Action Plan's Description of the Issues section, and the FEIS Affected Environment/Maritime Heritage Resources section about forced relocation of island Chumash to the mainland. See also the response to comment 44 for information on NOAA's efforts to develop Chumash related text.

50.

Comment:

The MHR Action Plan refers to “Native American Artifacts,” but the artifacts are specific to the Chumash people.

Response:

NOAA has changed the text referring specifically to Native American artifacts found in the Channel Islands to refer to such artifacts as Chumash Native American artifacts.

51.

Comment:

Text about Juan Rodriguez Cabrillo's voyage of discovery (1542-1543) improperly suggests that Cabrillo “discovered” the already inhabited Channel Islands.

Response:

Although the text did not state that Cabrillo discovered the Channel Islands, NOAA recognizes that the reference to Cabrillo's “voyage of discovery” could be construed to mean this, and as such NOAA has revised the text accordingly.

52.

Comment:

NOAA should revise text that refers to Chumash people in the past tense, because there has been no discontinuation of the Chumash people. NOAA should also revise Strategy MHR.6 title, “Promoting Public Education of Chumash Native American History,” by removing the word “history.”

Response:

NOAA made a directed effort to refer to contemporary Chumash in the DMP and DEIS, and to ensure that there are no improper references to Chumash people in the past tense within the FMP and FEIS. See also the response to comment 44 for information on NOAA's efforts to develop Chumash related text. Regarding the title of Strategy MH.6, NOAA has changed the strategy title and text, which now describe the Sanctuary's efforts to support public education of Chumash Native American maritime heritage.

Civil Penalties

53.

Comment:

The NMSP is positioning itself for growth in any way that it can, including by gaining the ability to assess new civil penalties. Current law prohibiting certain activities does not provide the potential of financial benefit for the CINMS.

Response:

NOAA has maintained the authority to assess civil penalties for violations of CINMS regulations since those regulations took effect in the early 1980s. Congress defines the parameters of civil penalties during the authorization and subsequent reauthorization of the NMSA. The actual penalties levied for violations vary in proportion to the severity of the incident and other case-specific factors. NOAA is issuing this final rule to provide NOAA enforcement officers and enforcement partners with enhanced regulatory tools designed to improve protection of Sanctuary resources.

Designation TERMS

54.

Comment:

NOAA should not make the proposed changes to the Sanctuary's designation document, because they are unnecessary and NOAA has not followed the procedures required for granting CINMS new regulatory authority.

Response:

In accordance with section 304(a)(4) of the NMSA (16 U.S.C. 1434(a)(4)), the terms of designation of a sanctuary include: (1) The geographic area included within the sanctuary; (2) the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value; and (3) the types of activities that will be subject to regulation by the Secretary to protect those characteristics. Under the National Marine Sanctuaries Act, a sanctuary's terms of designation may only be modified by following the same procedures by which the sanctuary was designated. NOAA has followed this process to modify the CINMS terms of designation, including the publication of a draft environmental impact statement, proposed regulations, and draft terms of designation. NOAA also explained why the proposed changes are necessary and analyzed each change thoroughly in the EIS.

55.

Comment:

NOAA's ability to protect Sanctuary resources is overly limited by the CINMS Designation Document. Identifying and proposing regulations to protect Sanctuary

resources, including by extending the CINMS scope of authority is required to fulfill the duty Congress assigned to the National Marine Sanctuary Program.

Response:

National marine sanctuary terms of designation typically express the types of activities subject to sanctuary regulation in general terms. Recognizing that environmental conditions in a sanctuary change over time, this is necessary to allow NOAA to make appropriate modifications to existing regulations or to regulate additional activities that are impacting or may impact sanctuary resources (

i.e.

, to allow for adaptive management). NOAA is revising the CINMS terms of designation as necessary to provide the authority to implement its revised proposed regulations.

Discharge

Discharge—Bilge Water

56.

Comment:

NOAA should include an explicit ban on dumping oily bilge water (treated or not).

Response:

Although NOAA provides certain exceptions to the CINMS discharge regulation, the discharge of oily bilge water is prohibited by existing regulations and is also prohibited under the new regulations. See the FEIS for additional information on and revisions to the discharge regulation.

Discharge—Chumming

57.

Comment:

NOAA should clarify that the discharge regulation allows for the common practice of filleting fish during the trip back to port.

Response:

NOAA considers tossing scraps overboard from filleting fish caught in the Sanctuary during the trip back to port to be part of the exception for fish, fish parts, or chumming materials (bait).

58.

Comment:

Several commenters expressed support for the proposed exception for fish, fish parts, or chumming materials (bait) to the CINMS discharge regulation.

Response:

Comment noted.

59.

Comment:

Commenter is concerned about compliance with the discharge regulation (

e.g.

, feeding wildlife food scraps).

Response:

In an effort to increase compliance with CINMS regulations, NOAA will use an educational approach to raise awareness of the regulation and the problems associated with feeding wildlife. An educational approach to the issue can also be implemented through the Public Awareness and Understanding Action Plan strategy AU.3 (Team OCEAN) activities, including those pertaining to ocean etiquette. See also the response to comment 120 for an explanation of how Sanctuary regulations are enforced.

60.

Comment:

The exception to the enter-and-injure regulation as it relates to discharge of fish and fish parts and chumming materials is unnecessary, and could potentially undermine the effect, perception, and credibility of this otherwise sound and necessary measure.

Response:

NOAA is not considering removing the exception to the CINMS discharge regulation for fish, fish parts, or chumming material (bait) used in or resulting from lawful fishing activity beyond the boundary of the Sanctuary. NOAA believes that such activities do not currently pose a threat to Sanctuary resources; if in the future such activities were to harm Sanctuary resources, then NOAA would re-evaluate the scope of this exception.

Discharge—Enter/Injure

61.

Comment:

A number of commenters expressed support for the proposed prohibition on discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality.

Response:

Comments noted.

62.

Comment:

The proposed prohibition on discharging or depositing from beyond the boundary of the Sanctuary is problematic because it enables the Sanctuary to regulate activities outside its jurisdiction; is an unwarranted and improper extension of the Sanctuary boundaries; the term “injury” is not defined, thus inviting numerous interpretations and the potential for litigation; and the process by which injury would be determined is not described.

Response:

In order for a violation to occur of the regulation prohibiting discharge or deposit from beyond the Sanctuary, the matter that is discharged or deposited from beyond the Sanctuary must also injure a Sanctuary resource or quality, except for the exceptions listed in the regulations. Thus, operations and activities taking place beyond the Sanctuary are only subject to this regulation if the discharge or deposit of the matter is shown to injure a Sanctuary resource or quality within the Sanctuary, and this regulation is not an extension of the Sanctuary's boundary.

Injure, as defined at 15 CFR 922.3, means to change adversely, either in the short or long term, a chemical, biological or physical attribute of, or the viability of. This includes, but is not limited to, to cause the loss of or destroy.

Discharge—General

63.

Comment:

NOAA should apply heightened restrictions on polluting vessels, including large vessels, watercraft and cruise ships, in the Santa Barbara Channel, or tighten the exceptions to the discharge and deposit prohibition with the goal of better protecting Sanctuary waters from pollution.

Response:

NOAA's revised Sanctuary regulations strengthen protections against pollution from vessels by clarifying that discharges allowed from marine sanitation devices apply only to Type I and Type II marine sanitation devices, and by limiting graywater and treated sewage exceptions to apply only to vessels less than 300 gross registered tons (GRT), and oceangoing ships (not including cruise ships) without sufficient holding tank capacity to hold graywater or sewage while within the CINMS.

64.

Comment:

To best protect Sanctuary resources, the new CINMS regulations should ban dumping hazardous waste into the Sanctuary.

Response:

CINMS regulations prohibit discharging or depositing from within or into the Sanctuary any material or other matter, with a list of exceptions. Discharging or depositing any material or other matter that is not included in the list of exceptions, including hazardous waste, is prohibited.

Discharge—Meals

65.

Comment:

Several commenters expressed support for NOAA's proposal to prohibit discharging or depositing from within or into the Sanctuary meals on board vessels.

Response:

Comments noted.

Discharge—Sewage/Graywater

66.

Comment:

The discharge and deposit regulation requires that vessel operators must lock all marine sanitation devices in a manner that prevents discharge of untreated sewage, without defining what is meant by “lock.”

Response:

Locking means securing the device such that removal of a locking mechanism (

e.g.

, padlock, combination lock, or cable tie) is required to enable the system to discharge raw sewage overboard. In the case of a Y valve that toggles toilet bowl discharge between a treatment system/holding tank and an overboard outlet, the valve handle would need to be in the closed position for overboard discharge and locked to prevent inadvertent and unopposed opening of the valve.

67.

Comment:

A number of commenters indicated that the proposed

discharge and deposit regulation does not provide the same level of protection as California Clean Coast Act.

Response:

NOAA revised the proposed CINMS discharge/deposit regulation to prohibit the discharge of sewage from all vessels 300 GRT or more, and the discharge of graywater from vessels 300 GRT or more, except for oceangoing ships without sufficient holding tank capacity for graywater. This is consistent with the Clean Coast Act. These regulatory changes were analyzed in a Supplemental EIS (March 2008).

68.

Comment:

A number of commenters, including the U.S. EPA and the California State Water Resources Control Board, expressed support for the revised proposed discharge regulation as analyzed in the SDEIS.

Response:

Comment noted.

69.

Comment:

One commenter supported CINMS for not providing a sewage discharge exemption for ships greater than 300 GRT, as has been proposed by the Northern California sanctuaries, but objected to the revised proposed discharge regulation exceptions for graywater and treated sewage from vessels less than 300 GRT, and graywater from oceangoing ships without sufficient holding tank capacity to hold graywater within the Sanctuary.

Response:

NOAA acknowledges support for the revised proposed discharge/deposit regulation as analyzed in the SDEIS; however, NOAA has concluded that an exception for treated sewage discharge/deposit from oceangoing ships without sufficient holding tank capacity (excluding cruise ships) is warranted at this time. See the response to comment 72 for more information. CINMS is maintaining the treated sewage exception for vessels less than 300 GRT. The rationale for the treated sewage exceptions is provided in the response to comment 70. The exception for oceangoing ships without sufficient holding tank capacity to hold graywater while within the Sanctuary is implemented because, unlike cruise ships and newer oceangoing ships, some older oceangoing ships are designed without the ability to retain graywater, and, as such, must discharge graywater directly as it is produced. As explained in FEIS section 4, graywater discharge from small vessels, and from oceangoing ships without sufficient holding tank capacity to hold graywater while within the Sanctuary, is anticipated to have a less than significant adverse impact on the Sanctuary's physical, biological, and esthetic resources.

70.

Comment:

NOAA should phase-in a total wastewater discharge ban for all ocean-going vessels in CINMS.

Response:

NOAA is not planning to phase in a total wastewater discharge ban for all oceangoing vessels in the Sanctuary at this time because available data do not suggest that the excepted sewage and graywater discharges within the Sanctuary pose an unacceptable risk to Sanctuary resources and qualities. Should information to the contrary become available, NOAA may consider further regulation.

71.

Comment:

Regulations applying to large vessels should also apply to vessels servicing those larger vessels (e.g., barges that may be used to transfer sewage from an anchored vessel to outside of the 3-mile limit).

Response:

The regulations prohibit discharging from within or into the Sanctuary sewage (treated and untreated) and graywater from vessels 300 GRT or more (unless the vessel is an oceangoing ship without sufficient holding tank capacity—this does not apply to cruise ships). NOAA interprets this regulation to prohibit the discharge of such sewage or graywater even if the sewage or graywater were transferred to a second vessel, regardless of the second vessel's size. Furthermore, transferring sewage from an anchored large vessel seems implausible since vessels 300 GRT or more are not known to anchor within the Sanctuary.

72.

Comment:

The proposed revisions of the Sanctuary's discharge prohibition should be consistent with the California Clean Coast Act and include the exception for ocean going vessels without sufficient holding tank capacity to hold treated blackwater (sewage) while within the Sanctuary.

Response:

To be consistent with the California Clean Coast Act, as well as with regulations for the Monterey Bay, Cordell Bank, and Gulf of the Farallones national marine sanctuaries, NOAA is providing an exception for treated sewage discharges from oceangoing ships that do not have sufficient holding tank capacity while within the CINMS.

73.

Comment:

Adequate education on the proposed discharge restrictions will ensure that oceangoing ships retain all discharges to the greatest extent possible within the Sanctuary.

Response:

Outreach and education to the shipping industry about the Sanctuary's revised regulations is important, and NOAA will apply educational resources toward that purpose, including outreach to the Pacific Merchant Shipping Association.

74.

Comment:

The management plan fails to recognize or provide an incentive for the use and further development of advanced wastewater treatment systems currently installed on cruise ships, and instead, encourages ships to construct and utilize large holding tanks and discharge elsewhere. The targeting of cruise ships and ban on discharges promotes older, cheaper, less advanced technology and the use of holding tanks. The proposed discharge regulations amount to a wholesale ban on discharges creating a disincentive to further research, development and installation of systems that produce clean and scientifically acceptable effluent. If discharges are harmful, transferring them to another location would simply be transferring the problem.

Response:

The management plan recognizes the use of advanced wastewater treatment systems by cruise ships. The SDEIS and FEIS both acknowledge the use of these systems and their ability to dramatically improve the quality of effluent discharged in Alaska. Currently, however, advanced wastewater treatment systems on cruise ships do not always function properly and even when they do, they do not always effectively remove all contaminants. NOAA encourages the development of new technologies to address these issues.

Similarly, the management plan does not encourage or promote retrenchment to older, cheaper, less advanced technology. The regulations prohibit cruise ships from discharging sewage and graywater from within or into a particular area afforded special protection due to its nationally significant resources. NOAA believes that transferring discharges outside of the Sanctuary is an appropriate resource protection measure.

75.

Comment:

There is no credible reason to ban cruise ship discharges from Type II MSDs and advanced wastewater treatment systems, and such discharges should be allowed in general, or when discharged while the vessel is moving at or above six knots. Cruise ship Type II MSDs meet or exceed U.S. Coast Guard standards and pose little or no threat to the environment. The revised proposed discharge regulation assumes that any sewage and gray water discharges, no matter the quality, are likely to have adverse environmental impacts on the receiving water and ambient air based on their sheer volume. NOAA should consult with the EPA and Alaska Department of Environmental Conservation since they have done an exceptional amount of work regarding cruise ship effluent discharges.

Response:

NOAA is not aware of any EPA or other reports showing that treated sewage discharges from cruise ships would not pose any discernable effect within the Sanctuary. As discussed in the SDEIS (p. 22), it is important to note that many dilution studies only consider effluent from properly functioning MSDs, which is not necessarily the condition of MSDs on all or most vessels. The revised regulation addresses NOAA's concerns about failure of conventional MSDs on large vessels to adequately treat sewage waste streams, and lack of monitoring of those waste streams.

Regarding use of Coast Guard approved Type II MSDs, Coast Guard standards for MSDs pertain to the design and construction of MSDs, and procedures for certifying MSDs prior to sale, introduction or delivery into interstate commerce, or import into the United States for sale or resale. The Coast Guard does not test the effluent from certified MSDs once installed onboard a vessel (except in Alaska). Simply having a Coast Guard approved MSD on board a ship does not guarantee that a ship's sewage discharges meet EPA discharge requirements, as demonstrated by cruise ship sampling data in Alaska prior to institution of more stringent discharge standards, monitoring, inspection, and reporting requirements there.

The SDEIS and FEIS analysis of the potential impacts of cruise ship discharges is based on both the quality and volume of sewage and graywater discharges. Even when sewage and graywater discharges meet MSD Type II standards for fecal coliform and total suspended solids, there are other qualities of sewage and graywater discharges that may be harmful, such as chemicals used to treat sewage and graywater, and high nutrient levels, especially when discharged in large volumes. As noted in the SDEIS and FEIS, results of cruise ship graywater sampling in Alaska indicate that in the absence of water quality standards and monitoring, graywater is similar to sewage in terms of fecal coliform and total suspended solids. The SDEIS and FEIS do not analyze cruise ship sewage and graywater discharge impacts on ambient air.

Regarding cruise ships that transit Alaska, and that use advanced wastewater treatment systems, see the response to comment 76.

76.

Comment:

Rather than a ban, NOAA should consider drafting regulations that mirror requirements in other jurisdictions, such as Alaska, which permit sewage and gray water discharges at levels scientifically acceptable through discharge criteria.

Response:

As stated in the SDEIS and FEIS, the results of cruise ship blackwater samples taken in Alaska indicate that blackwater from vessels without advanced treatment systems (and not subject to mandatory monitoring, inspection, and reporting) may contain levels of fecal coliform and total suspended solids that exceed federal standards for MSDs, as well as a variety of other pollutants. Unlike Alaska, NOAA is not planning on instituting a CINMS cruise ship sewage and graywater discharge monitoring, inspection, and reporting program. Effluent monitoring would be cost prohibitive and infeasible, particularly for vessels underway (large vessels do not customarily stop in the Sanctuary). Additionally, ship discharge audits often reveal that a discharge occurred but do not contain information on contaminant levels. Currently, advanced waste water treatment systems on cruise ships do not always function properly and even when they do, they do not always effectively remove all contaminants. Therefore NOAA believes that prohibiting cruise ship sewage and graywater discharges is the most effective and enforceable regulation. The SDEIS and FEIS both acknowledge the use of advanced wastewater treatment systems and their ability to improve the quality of effluent discharged in Alaska. However, the program adopted in Alaska is a complex arrangement requiring issuance of a permit, prior demonstration that the ships can meet water quality standards based on independent contractor evaluation, environmental compliance fees, wastewater sampling and testing protocols, record keeping and reporting protocols, on-board observers, and a tax per passenger to fund the administration of the program. Such a program is inherently difficult to monitor and enforce and the NMSP has no mechanism in place for recouping the necessary funds needed to administer it. Also, the EPA studies indicate that although advanced wastewater treatment systems remove most of the priority pollutants of concern they do not adequately reduce discharge of ammonia and metals. For these reasons, the CINMS regulations prohibit discharges from advanced wastewater treatment systems. Cruise ships have sufficient holding tank capacity to hold their discharge as they transit the Sanctuary.

77.

Comment:

CINMS should not implement new sewage discharge regulations for small vessels because (1) existing laws prohibit the discharge of untreated sewage from small vessels within three nautical miles of shore; (2) existing requirements should be better enforced instead of adding new requirements; (3) no significant water quality issues have been noted for discharges by vessels under 150 GRT with certified MSDs Type I, II, or III; (4) requiring untreated sewage to be discharged further offshore would turn “good guys” into “bad guys”; (5) using the Coast Guard regulations as the standard for sewage discharges from vessels less than 300 GRT would facilitate Channel Islands National Park operations (i.e., kelp forest monitoring, submerged cultural resources monitoring); (6) Coast Guard regulations are easier to enforce since most boaters are familiar with them; (7) prohibiting untreated sewage discharge within the entire Sanctuary would present a trade-off between having untreated sewage discharged further from shore and environmental impacts such as pollution costs (including from fuel production and transportation) and energy waste from the fuel burned to get there; and (8) a requirement to discharge untreated sewage further offshore presents time and fuel costs to boaters.

Response:

NOAA recognizes that other federal regulations prohibit the discharge of untreated sewage within three nmi from shore; however, CINMS regulations have prohibited the discharge of untreated sewage within the entire Sanctuary since 1981 (the FEIS clarifies this existing regulation). NOAA is concerned about the pathogens, nutrients, and esthetic impacts that untreated sewage could introduce if discharged within the Sanctuary. To date, untreated sewage discharges have not been definitively linked to significant water quality problems in the Sanctuary; however, this rule will ensure that such problems do not occur in the future.

CINMS partners closely with Channel Islands National Park (CINP) on marine operations including research, monitoring, and enforcement. Based on NOAA's analysis of Park and CINMS vessel operations, NOAA does not expect the clarifications to the sewage discharge regulation to significantly impede Park operations.

Enforcement of regulations, including discharge regulations, is important to ensure their effectiveness. NOAA intends to consider enforcement needs during the development of the Sanctuary's water quality protection program (see FMP strategy WQ.2). Additional outreach and education regarding Sanctuary discharge regulations is warranted, and NOAA intends to work with the Coast Guard,

CINP, and other key agencies to develop effective outreach tools.

NOAA believes all boaters can reasonably adapt to comply with this regulation and practice clean boating within the Sanctuary, as was the case when similar or more stringent regulations were adopted in other large areas of U.S. waters (e.g., the Great Lakes, state marine waters in the Florida Keys, and Chesapeake Bay). With proper trip planning, necessary equipment and maintenance, and attention to sewage holding capacity and needs, NOAA expects that boaters can take steps to avoid special trips beyond the Sanctuary's six nmi boundary solely to discharge sewage (after which they would continue boating within the Sanctuary). For example, there are compact commode and portable sewage storage systems widely available on the market.

78.

Comment:

NOAA should prohibit sewage sludge from large vessels because it is produced in large quantities by cruise ships and included in the California Clean Coast Act's prohibitions.

Response:

Sewage sludge discharges/deposits are prohibited throughout the Sanctuary.

79.

Comment:

CINMS should revise the discharge regulation to mirror existing law pertaining to vessel sewage and graywater discharges and fully prohibit graywater, sewage (untreated and treated) and sewage sludge discharges from cruise ships and other large oceangoing vessels throughout the Sanctuary.

Response:

Regarding mirroring existing laws on vessel sewage and graywater discharges, see the response to comment 67. The revised discharge and deposit regulation now prohibits graywater discharges from vessels 300 GRT or more (except oceangoing ships without sufficient holding tank capacity to hold graywater while within the Sanctuary); it also prohibits treated sewage discharges from all vessels 300 GRT or more throughout the Sanctuary (except oceangoing ships without sufficient holding tank capacity to hold sewage while within the Sanctuary), and prohibits untreated sewage from all vessels within the Sanctuary. The Sanctuary's discharge regulation does not provide an exception for sewage sludge discharges.

80.

Comment:

The Sanctuary should not exempt military vessels from the discharge and deposit prohibition, as they are included in the California Clean Coast Act's sewage and sewage sludge prohibitions.

Response:

NOAA believes the DOD discharge requirements under CWA section 312(n) are sufficient to protect Sanctuary resources.

81.

Comment:

NOAA should delete the discharge regulation's graywater exception.

Response:

NOAA believes there is no need to prohibit graywater discharges from vessels less than 300 GRT within the Sanctuary at this time. However, Sanctuary regulations would now prohibit graywater discharges from vessels 300 GRT or more, except from oceangoing ships without sufficient holding tank capacity to hold graywater while within the Sanctuary.

82.

Comment:

NOAA's discharge regulation should reflect the California Coastal Commission's recommendation to prohibit vessels of 300 GRT or more from discharging sewage or graywater into the waters of the Sanctuary.

Response:

NOAA has revised the CINMS discharge regulation to reflect the California Coastal Commission's recommendation and prohibit the discharge of sewage from all vessels 300 GRT or more, as well as the discharge of graywater from vessels 300 GRT or more. Exceptions would be consistent with the California Clean Coast Act, allowing graywater and treated sewage from oceangoing ships without sufficient holding tank capacity to hold these discharges while within the Sanctuary).

83.

Comment:

Due to the volume of their discharges, cruise ships should be directed around the Sanctuary.

Response:

Rather than direct cruise ships around the Sanctuary, NOAA is excluding cruise ships from the CINMS sewage and graywater exceptions, thereby prohibiting their discharge within the Sanctuary.

84.

Comment:

Unless NOAA is able to institute a rigorous monitoring and sampling program for sewage effluent from ships as Alaska has done, it is prudent to adopt a no-discharge policy that mirrors the state of California's laws.

Response:

Although NOAA may implement some discharge monitoring in partnership with other agencies, NOAA is not currently planning to institute a comprehensive sewage effluent monitoring and sampling program in the Sanctuary similar to Alaska's program (see also the response to comment 75). Regarding adopting a policy that mirrors California's law, see the response to comment 67.

85.

Comment:

All vessels, ships, or large vessels should hold either all waste or sewage until they can discharge it into pump out stations for disposal or treatment on land.

Response:

The revised CINMS discharge regulation prohibits discharging untreated sewage within the Sanctuary from vessels less than 300 GRT, and prohibits discharging sewage (whether treated or untreated) within the Sanctuary from vessels 300 GRT or more, except for oceangoing ships that do not have sufficient holding tank capacity to hold sewage while within the Sanctuary.

86.

Comment:

NOAA should either include sewage sludge in the definition of “sewage” or explicitly prohibit sewage sludge in the discharge regulation.

Response:

Existing CINMS regulations do not provide an exception for sewage sludge discharge/deposit; as such, these discharges/deposits are prohibited.

87.

Comment:

The prohibition of sewage sludge should be incorporated in outreach documents.

Response:

CINMS staff will consider this comment when developing outreach products about the revised Sanctuary regulations.

88.

Comment:

Commenter supports the marine sanitation device clarification in the revised proposed discharge regulation.

Response:

Comment noted.

89.

Comment:

Commenter supports the proposed definitions of “graywater,” “oceangoing ship,” and “cruise ship,” as well as the Sanctuary's effort to provide greater regulatory consistency and clarity by establishing formal definitions for important concepts relevant to CINMS resource conservation and management.

Response:

Comment noted.

Ecosystem Based Management

90.

Comment:

The Management Plan refers to Ecosystem Based Management, but there is no mention of Ecosystem Based Management in the NMSA.

Response:

The Management Plan Introduction section refers to ecosystem-based management and the NMSA, and it specifies the sections of the NMSA that NOAA believes support the use of ecosystem-based management. As stated therein, NOAA believes that ecosystem-based management is in keeping with the NMSA's primary objective of resource protection. Section 301(b) of the NMSA, which provides the purposes and policies of the national marine sanctuary system, provides CINMS and the other national marine sanctuaries with a solid framework for ecosystem-based management. Section 301 provides that it is the purpose of the NMSA to, among other things: (a) Maintain the natural biological communities of the national marine sanctuaries, and to protect, and where appropriate, restore and enhance natural habitats, populations, and ecological

processes; (b) develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of the sanctuaries; and (c) to create models of, and incentives for, ways to conserve and manage these areas, including the application of innovative management techniques. Maintaining biological communities, and protecting, restoring, and enhancing habitats, populations, and ecological processes (see clause a above), along with addressing the health and resiliency of national marine sanctuaries (see clause b above), are endeavors best suited to an ecosystem-based approach. Such an approach is consistent with applying innovative management techniques (see clause c above).

91.

Comment:

NOAA should replace the management plan's Grumbine (1994) definition of Ecosystem Based Management with the definition from the Scientific Consensus Statement on Marine Ecosystem Based Management released in March 2005 (by authors including Jenn Casselle, Jennie Dugan, Ben Halpern, Jeremy Jackson, Satie Airame, and Hunter Lenihan).

Response:

Text in the FMP has been revised to reflect the definition of marine ecosystem-based management from NOAA's New Priorities for the 21st Century (NOAA's strategic plan for 2006-2011), rather than the definition provided by Grumbine (1994). NOAA's definition of an ecosystem approach to management is consistent with the 2005 Scientific Consensus Statement on Marine Ecosystem-Based Management, which is available on line at

http://www.compassonline.org/marinescience/solutions_ecosystem.asp

.

Education and Outreach

92.

Comment:

Commenters indicated support for the management plan's education and outreach goals and objectives and the Public Awareness and Understanding Action Plan.

Response:

Comment noted.

93.

Comment:

Through the Public Awareness and Understanding Action Plan NOAA should ensure that all employees and crew of Channel Islands National Park concessionaires who bring visitors to the Sanctuary are aware of and understand CINMS regulations and resource conservation issues. Anecdotal evidence suggests that even major concessionaires are not aware of CINMS regulations on matters such as vessel sewage and wastewater discharge. NOAA should also provide an incentive for concessionaires to participate in an education program.

Response:

CINMS staff work directly with Channel Islands National Park staff responsible for educating concessionaires through the strategic plan mentioned in the FMP Public Awareness & Understanding Action Plan (Strategy AU.2 activity 3). As part of the Ocean Etiquette Outreach program (AU.3, activity 4), which promotes communication and coordination between California ocean users and Federal and State agencies, CINMS staff plan to engage concessionaires and other boaters in Ocean Etiquette workshops. As the Park reviews and awards concessionaire licenses to various operators, CINMS staff will continue to communicate with the Park on interests and concerns regarding concessionaire compliance with Sanctuary regulations, such as those pertaining to clean boating practices, as well as possible compliance incentives.

94.

Comment:

NOAA should work with the City of Santa Barbara to increase opportunities for effective signage and publicity.

Response:

NOAA worked with the City of Santa Barbara (City) in the mid-1990s on several CINMS interpretive signs that are located in Santa Barbara's Shoreline Park. NOAA also works with the City each year by participating in the annual Harbor and Seafood Festival, and serving alongside the City, U.S. Forest Service, National Park Service and Santa Barbara Maritime Museum as a partner in the Outdoors Santa Barbara Visitor Center in the Santa Barbara Harbor (see the Public Awareness and Understanding Action Plan strategy AU.7—Visitor Center Support & Development for more information).

NOAA is currently working with the City Waterfront Department to place signs at the Santa Barbara Harbor fuel dock and along the Santa Barbara Harbor Fish Walk. These signs focus on CINMS, CINP, and marine zoning, and are part of a larger NMSP sponsored initiative called the California Signage Plan. Sanctuary interactive kiosks, like signs, are also an important outreach tool that can help provide CINMS publicity at various locations, such as at the City Waterfront Department office. For information about interactive kiosks, see Public Awareness and Understanding strategy AU.7.

95.

Comment:

The management plan did not indicate how NOAA would assess the effectiveness of strategies AU.1 through AU.8.

Response:

NOAA understands the importance of evaluating the effectiveness of its programs. FMP Strategy EV.1 (Measuring Sanctuary Performance Over Time) details how each education program or product will be evaluated, and FMP Table 16 shows specific strategies, objectives, performance measures and metrics for measuring effectiveness of the Public Awareness and Understanding Action Plan. Also, NOAA is working at CINMS to meet the NMSP's system-wide performance measure related to education, which states that “By 2010 all education programs implemented in national marine sanctuaries will be assessed for effectiveness against stated program goals and objectives and appropriate National and State education standards.”

96.

Comment:

NOAA should clarify for each program whether there are plans to assure that strategies AU.1, and AU.3-AU.9 are reaching a diverse audience.

Response:

NOAA strives to reach diverse audiences with its CINMS education and outreach programs and materials. FMP Strategy AU.9 describes how CINMS will build multicultural elements into existing education programs and materials, and activity 5 describes in detail the implementation of a comprehensive multicultural education strategic plan for Santa Barbara and Ventura Counties.

97.

Comment:

NOAA should consider best education practices in the development of Strategy AU.1.

Response:

NOAA education staff at CINMS use best practices when developing educational programming. CINMS educators stay abreast of current issues and changes in science and environmental education content standards by participating in annual education conferences and workshops put on by leaders in science education.

98.

Comment:

Given the changing make-up of our population, NOAA should create strategies to create a diverse pool of interns and volunteers, and should create career paths for interns from ethnic groups under-represented in resource sciences. The latter would help create a pool of qualified future resource scientists, technicians, managers and leaders.

Response:

As mentioned in Strategy AU.9 of the FMP's Public Awareness & Understanding Action Plan, CINMS implements the MERITO Hispanic Students Internship Program. Text in FMP Strategy AU.2 has been changed to reflect these CINMS internship strategies for under-represented youth as defined in Strategy AU.9.

99.

Comment:

The management plan refers to the Los Marineros education

program, without explaining that this program is now defunct.

Response:

NOAA and the Santa Barbara Museum of Natural History (Museum) started the Los Marineros Program in 1987. The Museum took over administration of the program in the mid 1990s. The Museum decided not to continue the program after 2005, which is now reflected in the FMP. NOAA is now working to build Sanctuary stewardship and increase understanding of ocean related threats within the Hispanic community of Santa Barbara and Ventura counties through strategy AU.9, Multicultural Education. A component of this strategy is the MERITO Academy which targets 5th-8th grade teachers and students and provides a meaningful watershed experience through field trips to the beach and Sanctuary.

100.

Comment:

NOAA should mention a shift to a philosophy of sustainability in its CINMS education programs.

Response:

Since its designation in 1980, CINMS staff has been educating the community about human impacts on the ocean environment and working to foster a sense of personal ownership and responsibility for care of Sanctuary resources.

101.

Comment:

NOAA should incorporate into education and outreach action plans some specific programs directly facilitating compatible use, such as brochures with simple charts indicating best places to scuba dive, fish, kayak, view wildlife, and so forth.

Response:

NOAA's “Protecting Your Channel Islands” brochure shows popular anchorages, diving spots and wildlife areas (for pinnipeds and seabirds), and provides tips for watching wildlife and a synopsis of sanctuary and park regulations. Members of the boating and fishing communities participated in the development of this brochure through the Sanctuary Advisory Council and the Sanctuary Education Team. NOAA will continue to work with boaters, fishers, and other interested community members to develop useful brochures and other education materials regarding responsible ways to enjoy Sanctuary resources.

102.

Comment:

NOAA should support or sponsor contests or festivals that celebrate use of the Sanctuary, such as photo contests, harbor seafood festivals, sailing regattas, and whale festivals.

Response:

As indicated in FMP Public Awareness & Understanding Action Plan Strategy AU.6, CINMS staff participation in outreach events is identified as a tool to provide Sanctuary information to a widely diverse audience. CINMS staff and volunteers participate in over 30 regional outreach events annually, spanning from Santa Barbara County to Los Angeles County, serving a diverse number of constituents. Events include whale festivals, harbor festivals, boat shows, fishing conventions, and dive industry events.

103.

Comment:

NOAA education staff at CINMS should establish closer contact with researchers whose work forms the information base used by Sanctuary education programs.

Response:

NOAA education and research program staff at CINMS work closely together on many different Sanctuary management issues. One example is the ongoing “From Shore to Sea” lecture series sponsored by CINMS and CINP, which brings scientists studying the Channel Islands to venues in Santa Barbara and Ventura one night per month for a public presentation about their research. CINMS research and education staff also collaborate on other programs and products including interpreting research data for presentation on the CINMS Web site, annual research summaries, and the CINMS Teacher at Sea program.

104.

Comment:

The management plan should mention the ‘Follow That Fish!' curriculum and aquarium exhibit, which is a program that highlights the results of fish movement studies in the Sanctuary conducted by the Pfleger Institute of Environmental Research (PIER) using an acoustic received array.

Response:

In 2006, PIER removed its acoustic receivers and discontinued its fish movement study project. Consequently, NOAA is not highlighting this project in the FMP's description of educational activities.

Emergency Response

105.

Comment:

NOAA should develop a means for more timely response to oil spills within the Sanctuary by: (1) Identifying vessels (e.g., local or Sanctuary vessels) capable of boom deployment and skimming systems, (2) investigating the feasibility of the Sanctuary becoming a Clean Seas client, and (3) providing spill cleanup/response equipment cached at various locations in the Channel Islands.

Response:

NOAA staff take an active role in spill response preparation by representing CINMS on the Area Contingency Plan (ACP) committee for U.S. Coast Guard Region IX. CINMS staff are also instrumental in helping to revise the ACP to create more effective response to spills, specifically in the area of resource protection. The ACP is a “cookbook” for oil spill response that includes contact information for responders, agencies, cleanup contractors, and vessel and equipment resources. This information is constantly updated. Clean Seas LLC has response vessels in place that can quickly respond to spills within the Sanctuary. Another regional organization with vessels and trained crew capable of responding to spills is the Ventura County Commercial Fishermen's Association's Fishermen's Oil Response Team, or FORT. Equipment caches kept on the islands would need to be authorized by the National Park Service. Obtaining and placing any spill equipment would be best done through an agency/responder partnership with those organizations, such as the USCG and Clean Seas LLC, that have dedicated staff with expertise in spill response and all associated equipment and assets. For more information about how CINMS is involved in and addresses emergencies such as oil spills, see FMP Strategy EE.1.

106.

Comment:

NOAA should look into whether oil facilities can store cleanup equipment, inventory equipment already there, and consider whether it can develop an agreement between oil companies and sanctuaries to use that equipment.

Response:

Currently oil platforms in the Santa Barbara Channel store various quantities of booming and skimming equipment and dispersants. Full inventory lists are kept and supplied to various Federal, State, and local agencies involved in oil spill response, and these lists are accessible by CINMS staff as needed. Equipment use requires specialized training, and oil companies work with spill response co-ops such as Clean Seas LLC, to provide equipment and personnel for cleanup. Additionally, agencies such as the U.S. Coast Guard can “federalize” (place a spill under the jurisdiction of the Federal government if the responsible party is not responding appropriately) an oil spill and then call in authorized, trained contractors to help respond to the spill.

107.

Comment:

NOAA should look towards the future of emergency response and find funding for Clean Seas. Currently oil spill response is paid for by oil companies, so if oil and gas facilities are decommissioned then Clean Seas is not likely to be here.

Response:

Although CINMS staff could contribute to planning ideas for maintaining oil spill response capabilities provided by Clean Seas, such an effort would most likely be spearheaded by other NOAA offices (such as NOAA HAZMAT) as well as

Federal, State, and local agencies whose primary mission is oil spill response.

Emerging Issues

108.

Comment:

Commenter expressed support for the management plan review addressing emerging issues.

Response:

Comment noted.

109.

Comment:

The management plan should provide a stronger link between the Emerging Issues and Conservation Science action plans by directing research towards evaluating emerging issues.

Response:

Research coordination and integration are very important to the evaluation of emerging issues. Within the Conservation Science Action Plan, NOAA has added details about the link between emerging issues and conservation science within the Conservation Science Action Plan Overview and Strategy CS.3, as well as in Strategy RP.1. As explained in RP.1, input from the Advisory Council, the science community, and the public informs CINMS efforts at identifying and assessing current and emerging issues at all stages, including identification of issues, assessment of threats, and tracking and responding to issues.

110.

Comment:

The management plan should clarify whether each emerging issue is: (a) Forecasted to, but not presently harming Sanctuary resources; or (b) already causing harm to Sanctuary resources. NOAA should also develop criteria to determine when an issue is emerging vs. when it has emerged.

Response:

The FMP includes a Resource Protection Action Plan in which NOAA has clarified and augmented information on the status of each issue previously listed as an “emerging issue.” The Resource Protection Action Plan also articulates how CINMS addresses current issues and how it will address emerging issues. Since NOAA has outlined how it plans to identify, assess, prioritize, and address both current and emerging resource protection issues, it is not necessary to develop criteria for determining when an issue has “emerged.” Rather, it is NOAA's intent that CINMS track, assess, prioritize, and determine how best to respond to all issues relevant to protecting Sanctuary resources.

111.

Comment:

Strategy EI.1 could be sufficient for “emerging issues”—issues that have yet to cause significant harm to Sanctuary resources.

Response:

NOAA will implement Strategies RP.1 and RP.2 in identifying, assessing, and responding to all current and emerging issues.

112.

Comment:

NOAA should dedicate funding to emerging issues so as not to depend on volunteers to research such issues, and should specify who is responsible for implementing Strategy EI.1.

Response:

The NMSP dedicates and funds policy analysts, an advisory council coordinator, a team of research and monitoring staff, a boat crew, and education and outreach staff to identify, assess, and respond to emerging issues. The implementation of the Resource Protection Action Plan relies on this existing staff structure, as noted in the implementation section of Strategy RP.1. When an emerging issue requires community input and/or is beyond CINMS's capabilities either technically or fiscally, staff rely on the expertise and knowledge of the Sanctuary Advisory Council and agency partners. For complex emerging issues that require a CINMS response, staff have in the past and can in the future reallocate staff time and budget, as well as leverage other agency resources to adequately address an issue.

113.

Comment:

The Track Emerging Issues activity of strategy EI.1 should require that CINMS staff relay the findings of their issue tracking activities to the Advisory Council, with whom they collaboratively identified and prioritized the issues.

Response:

CINMS staff have provided and will continue to provide regular updates to the Advisory Council on emerging issues.

114.

Comment:

NOAA should define how it will “track” emerging issues.

Response:

The Resource Protection Action Plan identifies the ways in which CINMS will identify and track emerging issues in the Sanctuary.

115.

Comment:

NOAA should include marine bioprospecting, offshore energy projects (e.g., wind and wave energy), global greenhouse gas emissions, global warming, and squid boat lights in its list of emerging issues.

Response:

NOAA has included marine bioprospecting, offshore energy projects, climate change, and wildlife disturbance caused by artificial lighting as emerging issues in the FMP's Resource Protection Action Plan.

116.

Comment:

The DMP's Emerging Issues Action Plan defers Sanctuary resource protection to a bureaucratic process with no allocated funding, and offers minimal specificity as to when or how management effort will be deployed to mitigate or eliminate impacts from emerging issues.

Response:

All CINMS activities ultimately contribute to resource protection, which is the primary purpose of the National Marine Sanctuaries Act. The FMP's Resource Protection Action Plan outlines processes for tracking, assessing, prioritizing, and determining how to respond to current and emerging resource protection issues (processes previously contained in an Emerging Issues Action Plan). These processes are essential to determining how to respond to a given issue at a given point in time, based on the best available information, and depending on available funding and the level of risk or priority for a given issue. Unfortunately, NOAA cannot predict when an issue will become a high priority and what the appropriate response at that time might be. Should, for example, NOAA determine that a given issue warrants development of a new action plan strategy, or perhaps even a new action plan, NOAA's plan for action would be articulated in those documents.

Regarding funding, while the Resource Protection Action Plan's estimated cost table does not reflect potential future investments in CINMS resource protection issues, CINMS does request additional funds to address high priority resource protection issues in a given year as part of its annual budget planning process. Further, the budget table does not show base budget funding (e.g., staff salaries) which is critical to tracking, assessing, prioritizing, and determining how to respond to current and emerging resource protection issues.

117.

Comment:

DMP Strategy EI.2 includes several constructive options for addressing resource protection issues, which if implemented could reduce impacts to Sanctuary resources from resource protection issues.

Response:

Comment noted.

Enforcement

118.

Comment:

NOAA should ensure that sufficient funds/resources are available for enforcement and increase available funding for enforcement.

Response:

NOAA recognizes resource limitations and necessary program and partner developments may limit implementation of all of the activities in the management plan. NOAA will continue to work with the Department of Commerce, Office of Management and Budget, and Congress in developing supporting justifications when preparing budget submissions. NOAA allocates funds provided by Congress through annual appropriations for national marine sanctuaries and from other sources of funding (e.g., settlement funds) to enforcement of the NMSA and implementing regulations. In doing so, however, NOAA must balance the need for increased enforcement with other

management needs (e.g., science and monitoring, education). NOAA uses these funds to leverage additional investments in enforcement by partner agencies (CDFG, NPS, USCG) to have an effective on-the-water presence in the Sanctuary. NOAA's Office for Law Enforcement, which is funded separately from the Sanctuary budget, also assigns a law enforcement agent to the Sanctuary region.

119.

Comment:

Team OCEAN should be deleted from the Expanding Enforcement Efforts section, Strategy EE.2 and included in the Public Awareness and Understanding Action Plan.

Response:

In addition to traditional enforcement, NOAA employs interpretive enforcement through Team OCEAN, a program that reaches out to boaters to help them understand and comply with CINMS regulations. Team OCEAN will not be administered as a substitute for law enforcement, but can complement those efforts. Team OCEAN will remain in the Emergency Response and Enforcement Action Plan because it is an important tool for both emergency response and enforcement. While Team Ocean is mentioned briefly as an activity within strategy EE.2, it is explained in detail in the Public Awareness and Understanding Action Plan (Strategy AU.3).

120.

Comment:

NOAA must ensure the regulations for CINMS are legally binding and enforceable, must have a dedicated/exclusive enforcement program for the CINMS, and/or must establish formal partnerships with as many enforcement agencies as possible.

Response:

Primary law enforcement responsibilities for NOAA regulations are carried out by the NOAA Office for Law Enforcement (OLE). An enforcement officer stationed in Long Beach conducts investigations into violations of the National Marine Sanctuaries Act and regulatory prohibitions in coordination with State, local and other Federal law enforcement counterparts. In addition, NOAA signed agreements with the State of California, the National Park Service, and the U.S. Coast Guard that provide authorization for local enforcement personnel from these agencies to enforce Sanctuary regulations. They work with NOAA to conduct patrols and investigate potential violations. For example, the U.S. Coast Guard conducts air and sea surveillance within the sanctuary and has broad Federal enforcement authority. NOAA OLE also works with the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, and the Federal Bureau of Investigation (FBI) to investigate violations of environmental laws within national marine sanctuaries. More information about enforcement of NOAA regulations can be found at

http://www.nmfs.noaa.gov/ole/index.html.

The CINMS regulations are legally binding and enforceable. They were drafted with extensive input from NOAA's Office of General Counsel, NOAA Office of Law Enforcement, and our enforcement partners—CDFG, NPS and USCG. NOAA's Office of General Counsel for Enforcement and Litigation also establishes a penalty schedule that outlines recommended penalties for violations under the NMSA. This penalty schedule provides notice to the public and provides guidance to the prosecutors as to a general range of penalties for specific violations. The penalty schedule reflects sanctions that NOAA believes will encourage compliance and deter violations; however, in every case, NOAA retains the ability to assess a penalty up to the statutory maximum of $130,000. The NMSA penalty schedule is publicly available and can be accessed through this link:

http://www.gc.noaa.gov/schedules/58-NMSA%20Penalty%20Schedule%209-06.pdf.

121.

Comment:

NOAA should not issue the new regulations for CINMS and should instead rely on existing regulations and authorities for additional protection.

Response:

NOAA carefully examined existing CINMS and other relevant regulations as part of the management plan review, and determined that in some cases strengthening of Sanctuary regulations was warranted, as described in section 2 of the FEIS. NOAA often relies on other agencies' regulations to help protect sanctuary resources. However, sometimes the scope of these regulations is not broad enough to protect sanctuary resources, or may need to be reinforced with parallel sanctuary regulations, which allow for additional enforcement options. NOAA always works very closely with other agencies to minimize potential management conflicts and to promote compliance with sanctuary regulations and the regulations of other agencies.

122.

Comment:

NOAA should increase, rather than maintain at current levels, vessel and aircraft surveillance operations.

Response:

NOAA will pursue opportunities to expand vessel and aircraft based surveillance, but will first focus efforts on maintaining access to existing opportunities and platforms for this activity. To better reflect this NOAA has changed the activity title to “Maintain Effective Vessel and Aircraft Surveillance Operations.”

123.

Comment:

To ensure that CINMS discharge regulations are being complied with, NOAA should conduct snapshot water quality monitoring, perhaps immediately following cruise ship transits through the CINMS, as well as at other key times of high vessel traffic.

Response:

CINMS will consider snapshot water quality monitoring during implementation of FMP Strategy WQ.2—Water Quality Protection Planning.

124.

Comment:

Commenter strongly supports additional efforts by CINMS to expand enforcement efforts in order to ensure compliance with new and existing Sanctuary regulations, as well as other federal and state laws and regulations.

Response:

Comment noted.

Fishing

125.

Comment:

Several commenters expressed concern about regulating fishing activities under the CINMS regulations and NMSA, making one or more of the following points: There is no connection between the overall management of CINMS as both a Sanctuary under the NMSP and an EFH designation under NMFS.

NOAA should utilize the Magnuson-Stevens process for fishery management, and the Pacific Fishery Management Council should be the body to adopt fishery regulations within the Sanctuary and to ratify any marine reserves designation.

NOAA has no functional MOU between the NMSP and NMFS concerning marine zoning, fishery management planning, and ecosystem based adaptive co-management.

NOAA should revise each of the CINMS prohibitions to provide exemptions for all lawfully conducted state and federal fisheries.

The CINMS has no need or the resources necessary to be involved in fisheries management.

Response:

NOAA considers both the National Marine Sanctuaries Act (NMSA) and the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to be tools that can be used exclusively or in conjunction to regulate fishing activities to meet Sanctuary goals and objectives. NOAA evaluates regulatory options on a case by case basis to determine the most appropriate regulatory approach to meet the stated goals and objectives of a sanctuary. If NOAA determines additional regulations on fishing within CINMS are necessary, NOAA will follow the process for developing such regulations

in consultation with the PFMC and State, and as directed under section 304(a)(5) of the NMSA.

For example, the recently designated marine reserves in the CINMS resulted from a coordinated regulatory effort am

This text is long and has been trimmed here. Open the source document for the complete record.