National Marine Sanctuary Program

Federal RegisterDec 27, 1995

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Parts 922, 924, 925, 935, 936, 938, 940, 941, 942, 943 and

944

[Docket No. 951201283-5283-01]

RIN 0648-AI51

National Marine Sanctuary Program

AGENCY: Office of Ocean and Coastal Resource Management (OCRM),

National Ocean Service (NOS), National Oceanic and Atmospheric

Administration (NOAA), Department of Commerce.

ACTION: Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is

removing 15 CFR Parts 924, 925, 935, 936, 938, 940, 941, 942, 943, and

944 and revising 15 CFR Part 922 by consolidating therein the removed

regulations. As revised, Part 922 implements the National Marine

Sanctuaries Act, as amended, (Act), 16 U.S.C. 1431 et seq. and governs

ten of the present twelve National Marine Sanctuaries. The rulemakings

to implement the designations of the eleventh and twelfth Sanctuaries,

the Florida Keys National Marine Sanctuary and the Hawaiian Islands

Humpback Whale National Marine Sanctuary, are presently ongoing and the

regulations governing the old Key Largo and Looe Key National Marine

Sanctuaries (15 CFR Parts 929 and 937) subsumed in the new Florida Keys

Sanctuary will continue to be maintained until replaced by regulations

governing the entire Florida Keys Sanctuary. This final rule does not

make substantive changes to the existing regulations governing the

other ten Sanctuaries, rather it removes duplicative and outdated

provisions, makes technical changes to incorporate current term usage

and achieve uniformity in regulatory language, and consolidates and

reorganizes all remaining provisions in a more logical and cohesive

order. The effect of this final rule is to make the regulations

implementing the Act more concise, better organized, and thereby easier

for the public to use.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Harriet Sopher, Office of Ocean and Coastal Resource Management, at

301-713-3125 (ext. 109), fax: 301-713-0404, e-mail:

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

The National Oceanic and Atmospheric Administration (NOAA) is

removing 15 CFR Parts 924, 925, 935, 936, 938, 940, 941, 942, 943, and

944 and is revising 15 CFR Part 922 by consolidating therein the

removed regulations.

In March 1995, President Clinton issued a directive to Federal

agencies regarding their responsibilities under his Regulatory

Reinvention Initiative. This initiative is part of the National

Performance Review and calls for immediate, comprehensive regulatory

reform. The President directed all agencies to undertake an exhaustive

review of all their regulations, with an emphasis on eliminating or

modifying those that are obsolete, duplicative, or otherwise in need of

reform. This final rule is intended to carry out the President's

directive with respect to the regulations implementing the Act and the

National Marine Sanctuary program and revises those regulations as

follows:

II. Consolidates National Marine Sanctuary Regulations in One CFR

Part, 15 CFR Part 922, and removes Ten CFR Parts Containing Site-

Specific Regulations

Currently, regulations implementing the Act are included in 13

separate Parts of title 15, Code of Federal Regulations. This

rulemaking removes ten parts of the Code and consolidates the removed

regulations, which addressed ten of the twelve National Marine

Sanctuaries, in 15 CFR Part 922. The rulemakings to implement the

designations of the eleventh and twelfth Sanctuaries, the Florida Keys

National Marine Sanctuary and the Hawaiian Islands Humpback Whale

National Marine Sanctuary, are presently ongoing and the regulations

governing the old Key Largo and Looe Key National Marine Sanctuaries

(15 CFR Parts 929 and 937) subsumed in the new Florida Keys Sanctuary

will continue to be maintained until replaced by regulations governing

the entire Florida Keys Sanctuary. As revised, subparts A, D and E of

the 15 CFR Part 922 are applicable to all the ten Sanctuaries. Site-

specific regulations for each of the ten appear in each Sanctuary's own

subpart (subparts F through O). Subparts B and C apply to the Site

Evaluation List (SEL) and to the designation of future Sanctuaries.

III. Makes Technical Changes to Incorporate Current Term Usage and

Achieve Uniformity in Regulatory Language, and Replaces the

Duplicative Provisions in the Site-Specific Regulations With

Uniform Definitions and Provisions in Subparts A, D and E

Applicable to the Ten Covered Sanctuaries

Many of the existing regulations for the ten Sanctuaries covered by

this rulemaking contain identical or nearly identical provisions

addressing matters such as definitions, emergency regulations,

penalties, appeals of administrative action, and permit procedures and

criteria. The consolidation of these provisions and the deletion of the

duplicative provisions results in the deletion of many pages of text

from the CFR.

The site specific prohibitions were retained for each Sanctuary in

its own respective subpart. Site-specific definitions were only

retained in those cases where application of a given term to other

Sanctuaries other than the Sanctuary in question might create a

conflict with either regulatory provisions or management practice at

another Sanctuary.

IV. Reorganizes Remaining Regulations

The final rule reorganizes the remaining regulations of the present

15 CFR Part 922 in a more logical and cohesive order. For example,

those provisions relating to the SEL and to the designation of future

Sanctuaries have been moved to two separate subparts. Provisions

pertaining to management

[[Page 66876]]

plan development and implementation have been moved to a single

subpart. This reorganization will make the regulations easier for the

public to use.

V. Removes Regulations Restating Statutory Language

The final rule removes those regulations in 15 CFR Part 922 that

simply restate provisions contained in the Act relating to the

designation of National Marine Sanctuaries. These provisions are

replaced, where appropriate, with references to the applicable sections

of the Act.

VI. Removes Site Selection and Identification Criteria and Other

Outdated Provisions

The final rule removes Appendix 1 to 15 CFR Part 922 which sets

forth National Marine Sanctuary site selection and identification

criteria. Removal of these criteria is appropriate because the SEL is

not presently active and the National Marine Sanctuary program intends

to issue revised, updated criteria prior to its reactivation. This

rulemaking does not affect the status of sites currently on the SEL;

such sites remain on the SEL.

In addition, the final rule removes certain regulatory provisions

that are no longer applicable because of the passage of the provision's

effective period as specified in the regulations. The most notable of

these are the provisions found in site-specific regulations for the

Flower Garden Banks, Monterey Bay, Stellwagen Bank and Olympic Coast

National Marine Sanctuaries which describe the process for obtaining

certification of a valid lease, permit, license, other authorization,

or right of subsistence use or access in existence on the date of

Sanctuary designation. The 90-day period specified in these regulations

for notifying NOAA of the existence of such authorizations or rights

has long since expired. Since this type of certification is no longer

available for those individual sites, these sections are obsolete and

continued codification of them in the CFR is not necessary.

VII. Miscellaneous Rulemaking Requirements

Executive Order 12612: Federalism Assessment

NOAA has concluded that this regulatory action does not have

federalism implications sufficient to warrant the preparation of a

Federalism Assessment under Executive Order 12612.

Executive Order 12630: Takings Implication

NOAA has concluded that this regulatory action does not have

takings implications within the meaning of Executive Order 12630.

Executive Order 12866: Regulatory Impact

This final rule has been determined to be not significant for the

purposes of Executive Order 12866.

Paperwork Reduction Act

The revision of 15 CFR Part 922 and removal of 15 CFR Parts 924,

925, 935, 936, 938, 940, 941, 942, 943, and 944 does not impose any

information collection requirement subject to review and approval by

OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq.

National Environmental Policy Act

NOAA has concluded that this regulatory action does not constitute

a major federal action significantly affecting the quality of the human

environment. Therefore, an environmental impact statement is not

required.

Administrative Procedure Act

Because this rule makes only technical nonsubstantive and

consolidating and organizational changes to existing regulations, no

useful purpose would be served by providing notice and opportunity for

public comment. Accordingly, the Assistant Administrator for Ocean

Services and Coastal Zone Management under 5 U.S.C. 553(b)(B) for good

cause finds that providing notice and opportunity for public comment is

unnecessary. Because this rule is not substantive, under 5 U.S.C.

553(d) it is not subject to a 30-day delay in effective date.

Authority: National Marine Sanctuaries Act, as amended, 16

U.S.C. 1431 et seq.

List of Subjects

15 CFR Part 922

Administrative practice and procedure, Coastal zone, Education,

Environmental protection, Marine resources, Penalties, Recreation and

recreation areas, Reporting and recordkeeping requirements, Research.

15 CFR 924

Administrative practice and procedure

Historic preservation

Monitor

Monuments and memorials

National Oceanic and Atmospheric Administration

Penalties

Reporting and recordkeeping requirements

Vessels

15 CFR 925

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 935

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 936

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 938

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 940

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 941

Administrative practice and procedure

American Samoa

Coastal zone

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Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 942

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 943

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

15 CFR 944

Administrative practice and procedure

Coastal zone

Marine resources

National Oceanic and Atmospheric Administration

Penalties

Recreation and recreation areas

Reporting and recordkeeping requirements

Research

Dated: December 8, 1995.

W. Stanley Wilson,

Assistant Administrator for Ocean Services and Coastal Zone Management.

1. Accordingly, for the reasons set forth above, 15 CFR Part 922 is

revised to read as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

Subpart A--General

Sec.

922.1 Applicability of regulations.

922.2 Mission, goals, and special policies.

922.3 Definitions.

922.4 Effect of National Marine Sanctuary designation.

Subpart B--Site Evaluation List (SEL)

922.10 General.

Subpart C--Designation of National Marine Sanctuaries

922.20 Standards and procedures for designation.

922.21 Selection of active candidates.

922.22 Development of designation materials.

922.23 Coordination with States and other Federal agencies.

922.24 Congressional documents.

922.25 Designation determination and findings.

Subpart D--Management Plan Development and Implementation

922.30 General.

922.31 Promotion and coordination of Sanctuary use.

Subpart E--Regulations of General Applicability

922.40 Purpose.

922.41 Boundaries.

922.42 Allowed activities.

922.43 Prohibited or otherwise regulated activities.

922.44 Emergency regulations.

922.45 Penalties.

922.46 Response costs and damages.

922.47 Pre-existing authorizations or rights and certifications of

pre-existing authorizations or rights.

922.48 National Marine Sanctuary permits--application procedures

and issuance criteria.

922.49 Notification and review of applications for leases,

licenses, permits, approvals or other authorizations to conduct a

prohibited activity.

922.50 Appeals of administrative action.

Subpart F--Monitor National Marine Sanctuary

922.60 Boundary.

922.61 Prohibited or otherwise regulated activities.

922.62 Permit procedures and criteria.

Subpart G--Channel Islands National Marine Sanctuary

922.70 Boundary.

922.71 Prohibited or otherwise regulated activities.

922.72 Permit procedures and criteria.

Appendix A to Subpart G of Part 922--Channel Islands National Marine

Sanctuary Boundary Coordinates

Subpart H--Point Reyes/Farallon Islands National Marine Sanctuary

922.80 Boundary.

922.81 Definitions.

922.82 Prohibited or otherwise regulated activities.

922.83 Permit procedures and criteria.

922.84 Certification of other permits.

Appendix A to Subpart H of Part 922--Point Reyes/Farallon Islands

National Marine Sanctuary Boundary Coordinates

Subpart I--Gray's Reef National Marine Sanctuary

922.90 Boundary.

922.91 Prohibited or otherwise regulated activities.

922.92 Permit procedures and criteria.

Subpart J--Fagatele Bay National Marine Sanctuary.

922.100 Scope of regulations.

922.101 Boundary.

922.102 Prohibited or otherwise regulated activities.

922.103 Management and enforcement.

922.104 Permit procedures and criteria.

Subpart K--Cordell Bank National Marine Sanctuary

922.110 Boundary.

922.111 Prohibited or otherwise regulated activities.

22.112 Permit procedures and criteria.

9Appendix A to subpart K of Part 922--Cordell Bank National Marine

Sanctuary Boundary Coordinates

Subpart L--Flower Garden Banks National Marine Sanctuary

922.120 Boundary.

922.121 Definitions.

922.122 Prohibited or otherwise regulated activities.

922.123 Permit procedures and criteria.

Appendix A to Subpart L of Part 922--Flower Garden Banks

National Marine Sanctuary Boundary Coordinates.

Appendix B to Subpart L of Part 922--Coordinates for the Department

of the Interior Topographic Lease Stipulations for OCS Lease Sale

112

Subpart M--Monterey Bay National Marine Sanctuary

922.130 Boundary.

922.131 Definitions.

922.132 Prohibited or otherwise regulated activities.

922.133 Permit procedures and criteria.

922.134 Notification and review.

Appendix A to Subpart M of Part 922--Monterey Bay National Marine

Sanctuary Boundary Coordinates

Appendix B to Subpart M of Part 922--Dredged Material Disposal Sites

Adjacent to the Monterey Bay National Marine Sanctuary

Appendix C to Subpart M of Part 922--Zones Within the Sanctuary

Where Overflights Below 1000 Feet Are Prohibited

Appendix D to Subpart M of Part 922--Zones and Access Routes Within

the Sanctuary Where the Operation of Motorized Personal Watercraft

Is Allowed

Subpart N--Stellwagen Bank National Marine Sanctuary

922.140 Boundary.

922.141 Definitions.

922.142 Prohibited or otherwise regulated activities.

922.143 Permit procedures and criteria.

Appendix A to Subpart N of Part 922--Stellwagen Bank National Marine

Sanctuary Boundary Coordinates

Subpart O--Olympic Coast National Marine Sanctuary

922.150 Boundary.

922.151 Definitions.

922.152 Prohibited or otherwise regulated activities.

922.153 Permit procedures and criteria.

[[Page 66878]]

922.154 Consultation with the State of Washington, affected Indian

tribes, and adjacent county governments.

Appendix A to Subpart O of Part 922--Olympic Coast National Marine

Sanctuary Boundary Coordinates

Authority: 16 U.S.C. 1431 et seq.

Subpart A--General

Sec. 922.1 Applicability of regulations.

Unless noted otherwise, the regulations in subparts A, D and E

apply to all ten National Marine Sanctuaries for which site-specific

regulations appear in subparts F through O, respectively. Subparts B

and C apply to the site evaluation list and to the designation of

future Sanctuaries.

Sec. 922.2 Mission, goals, and special policies.

(a) In accordance with the standards set forth in title III of the

Marine Protection, Research, and Sanctuaries Act of 1972, as amended,

also known as the National Marine Sanctuaries Act (Act) the mission of

the National Marine Sanctuary program (Program) is to identify,

designate and manage areas of the marine environment of special

national, and in some cases international, significance due to their

conservation, recreational, ecological, historical, research,

educational, or aesthetic qualities.

(b) The goals of the Program are to carry out the mission to:

(1) Identify and designate as National Marine Sanctuaries areas of

the marine environment which are of special national significance;

(2) Provide authority for comprehensive and coordinated

conservation and management of these marine areas, and activities

affecting them, in a manner which complements existing regulatory

authorities;

(3) Support, promote, and coordinate scientific research on, and

monitoring of, the resources of these marine areas, especially long-

term monitoring and research of these areas;

(4) Enhance public awareness, understanding, appreciation, and wise

use of the marine environment;

(5) Facilitate to the extent compatible with the primary objective

of resource protection, all public and private uses of the resources of

these marine areas not prohibited pursuant to other authorities;

(6) 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 these marine

areas;

(7) Create models of, and incentives for, ways to conserve and

manage these areas;

(8) Cooperate with global programs encouraging conservation of

marine resources; and

(9) Maintain, restore, and enhance living resources by providing

places for species that depend upon these marine areas to survive and

propagate.

Act, in carrying out the Program's mission and goals:

(1) Particular attention will be given to the establishment and

management of marine areas as National Marine Sanctuaries for the

protection of the area's natural resource and ecosystem values;

particularly for ecologically or economically important or threatened

species or species assemblages, and for offshore areas where there are

no existing special area protection mechanisms;

(2) The size of a National Marine Sanctuary, while highly dependent

on the nature of the site's resources, will be no larger than necessary

to ensure effective management;

(d) Management efforts will be coordinated to the extent

practicable with other countries managing marine protected areas;

(4) Program regulations, policies, standards, guidelines, and

procedures under the Act concerning the identification, evaluation,

registration, and treatment of historical resources shall be

consistent, to the extent practicable, with the declared national

policy for the protection and preservation of these resources as stated

in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et

seq., the Archeological and Historical Preservation Act of 1974, 16

U.S.C. 469 et seq., and the Archeological Resources Protection Act of

1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory

protection and preservation planning policy extended to historical

resources on land shall be extended, to the extent practicable, to

historical resources in the marine environment within the boundaries of

designated National Marine Sanctuaries. The management of historical

resources under the authority of the Act shall be consistent, to the

extent practicable, with the Federal archeological program by

consulting the Uniform Regulations, ARPA (43 CFR part 7) and other

relevant Federal regulations. The Secretary of the Interior's Standards

and Guidelines for Archeology may also be consulted for guidance. These

guidelines are available from the Office of Ocean and Coastal

Management at (301) 713-3125.

Sec. 922.3 Definitions.

Act means title III of the Marine Protection, Research, and

Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et seq., also known

as the National Marine Sanctuaries Act.

Active Candidate means a site selected by the Secretary from the

Site Evaluation List for further consideration for possible designation

as a National Marine Sanctuary.

Assistant Administrator means the Assistant Administrator for Ocean

Services and Coastal Zone Management, National Oceanic and Atmospheric

Administration (NOAA), or designee.

Benthic community means the assemblage of organisms, substrate, and

structural formations found at or near the bottom that is periodically

or permanently covered by water.

Commercial fishing means any activity that results in the sale or

trade for intended profit of fish, shellfish, algae, or corals.

Conventional hook and line gear means any fishing apparatus

operated aboard a vessel and composed of a single line terminated by a

combination of sinkers and hooks or lures and spooled upon a reel that

may be hind- or electrically operated, hand-held or mounted. This term

does not include bottom longlines.

Cultural resources means any historical or cultural feature,

including archaeological sites, historic structures, shipwrecks, and

artifacts.

Director means, except where otherwise specified, the Director of

the Office of Ocean and Coastal Resource Management, NOAA, or designee.

Exclusive economic zone means the exclusive economic zone as

defined in the Magnuson Fishery Conservation and Management Act, 16

U.S. 1801 et seq.

Fish wastes means waste materials resulting from commercial fish

processing operations.

Historical resource means a resource possessing historical,

cultural, archaeological or paleontological significance, including

sites, structures, districts, and objects significantly associated with

or representative of earlier people, cultures, and human activities and

events. Historical resource also includes ``historical properties'' as

defined in the National Historic Preservation Act, as amended, 16

U.S.C. 470 et seq., and its implementing regulations, as amended.

Indian tribe means any American Indian tribe, band, group, or

community recognized as such by the Secretary of the Interior.

[[Page 66879]]

Injure 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.

Lightering means at-sea transfer of petroleum-based products,

materials, or other matter from vessel to vessel.

Marine means those areas of coastal and ocean waters, the Great

Lakes and their connecting waters, and submerged lands over which the

United States exercises jurisdiction, including the exclusive economic

zone, consistent with international law.

Mineral means clay, stone, sand, gravel, metalliferous ore, non-

metalliferous ore, or any other solid material or other matter of

commercial value.

National historic landmark means a district, site, building,

structure or object designated as such by the Secretary of the Interior

under the National Historic Landmarks Program (36 CFR part 65).

National Marine Sanctuary means an area of the marine environment

of special national significance due to its resource or human-use

values, which is designated as such to ensure its conservation and

management.

Person means any private individual, partnership, corporation or

other entity; or any officer, employee, agent, department, agency or

instrumentality of the Federal government, of any State or local unit

of government, or of any foreign government.

Regional Fishery Management Council means any fishery council

established under section 302 of the Magnuson Fishery Conservation and

Management Act, 16 U.S.C. 1801 et seq.

Sanctury quality means any particular and essential characteristic

of a Sanctuary, including, but not limited to, water, sediment, and air

quality.

Sanctuary resource means any living or none-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.

Secretary means the Secretary of the United States Department of

Commerce, or designee.

Shunt means to discharge expended drilling cuttings and fluids near

the ocean seafloor.

Site Evaluation List (SEL) means a list of selected natural and

historical resource sites selected by the Secretary as qualifying for

further evaluation for possible designation as National Marine

Sanctuaries.

State means each of the several States, the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samos, the United States Virgin Islands,

Guam, and any other commonwealth, territory, or possession of the

United States.

Subsistence use means the customary and traditional use by rural

residents of areas near or in the marine environment for direct

personal or family consumption as food, shelter, fuel, clothing, tools,

or transportation; for the making and selling of handicraft articles;

and for barter, if for food or non-edible items other than money, if

the exchange is of a limited and non-commercial nature.

Take or taking means: (1) For any marine mammal, sea turtle, or

seabird listed as either endangered or threatened pursuant to the

Endangered Species Act, to harass, harm, pursue, hunt, shoot, would,

kill, trap, capture, collect or injure, or to attempt to engage in any

such conduct; (2) For any other marine mammal, sea turtle, or seabird,

to harass, hunt, capture, kill, collect or injure, or to attempt to

engage in any such conduct. For the purposes of both (1) and (2) of

this definition, this includes, but is not limited to, to collect any

dead or injured marine mammal, sea turtle or seabird, or any part

thereof; to restrain or detain any marine mammal, sea turtle or

seabird, or any part thereof, no matter how temporarily; to tag any sea

turtle, marine mammal or seabird; to operate a vessel or aircraft or to

do any other act that results in the disturbance or molestation of any

marine mammal, sea turtle or seabird.

Tropical fish means fish or minimal sport and food value, usually

brightly colored, often used for aquaria purposes and which lives in a

direct relationship with live bottom communities.

Vessel means a watercraft of any description capable of being used

as a means of transportation in/on the waters of a Sanctuary.

Sec. 922.4 Effect of National Marine Sanctuary designation.

The designation of a National Marine Sanctuary, and the regulations

implementing it, are binding on any person subject to the jurisdiction

of the United States. Designation does not constitute any claim to

territorial jurisdiction on the part of the United States for

designated sites beyond the U.S. territorial sea, and the regulations

implementing the designation 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 a person who is not a

citizen, national, or resident alien of the United States, unless in

accordance with:

(a) Generally recognized principles of international law;

(b) An agreement between the United States and the foreign state of

which the person is a citizen; or

the foreign vessel, if the person is a crew member of the vessel.

Subpart B--Site Evaluation List (SEL)

Sec. 922.10 General.

(a) The Site Evaluation List (SEL) was established as a

comprehensive list of marine sites with high natural resource values

and with historical qualities of special national significance that are

highly qualified for further evaluation for possible designation as

National Marine Sanctuaries.

(b) The SEL is currently inactive. Criteria for inclusion of marine

sites on a revised SEL will be issued, with public notice and

opportunity to comment, when the Director determines that the SEL

should be reactivated.

as active candidates for designation.

(d) Placement of a site on the SEL, or selection of a site from the

SEL as an active candidate for designation as provided for in

Sec. 922.21, by itself shall not subject the site to any regulatory

control under the Act. Such controls may only be imposed after

designation.

Subpart C--Designation of National Marine Sanctuaries

Sec. 922.20 Standards and procedures for designation.

In designating a National Marine Sanctuary, the Secretary shall

apply the standards and procedures set forth in section 303 and section

304 of the Act.

Sec. 922.21 Selection of active candidates.

(a) The Secretary shall, from time to time, select a limited number

of sites from the SEL for Active Candidate consideration based on a

preliminary assessment of the designation standards set forth in

section 303 of the Act.

[[Page 66880]]

(b) Selection of a site as an Active Candidate shall begin the

formal Sanctuary designation-evaluation process. A notice of intent to

prepare a draft environmental impact statement shall be published in

the Federal Register and in newspapers in the area(s) of local concern.

A brief written analysis describing the site shall be provided. The

Secretary, at any time, may drop a site from consideration if the

Secretary determines that the site does not meet the designation

standards and criteria set forth in the Act.

Sec. 922.22 Development of designation materials.

(a) In designating a National Marine Sanctuary, the Secretary shall

prepare the designation materials described in section 304 of the Act.

(b) If a proposed Sanctuary includes waters within the exclusive

economic zone, the Secretary shall notify the appropriate Regional

Fishery Management Council(s) which shall have one hundred and twenty

(120) days from the date of such notification to make recommendations

and, if appropriate, prepare draft fishery regulations and to submit

them to the Secretary. In preparing its recommendations and draft

regulations, the Council(s) shall use as guidance the national

standards of section 301(a) of the Magnuson Act (16 U.S.C. 1851) to the

extent that they are consistent and compatible with the goals and

objectives of the proposed Sanctuary designation. Fishery activities

not proposed for regulation under section 304(a)(5) of the Act may be

listed in the draft Sanctuary designation document as potentially

subject to regulation, without following the procedures specified in

section 304(a)(5) of the Act. If the Secretary subsequently determines

that regulation of any such fishery activity is necessary, then the

procedures specified in section 304(a)(5) of the Act shall be followed.

Sec. 922.23 Coordination with States and other Federal agencies.

(a) The Secretary shall consult and cooperate with affected States

throughout the National Marine Sanctuary designation process. In

particular the Secretary shall:

(1) Consult with the relevant State officials prior to selecting

any site on the SEL as an Active Candidate pursuant to Sec. 922.21,

especially concerning the relationship of any site to State waters and

the consistency of the proposed designation with a federally approved

State coastal zone management program. For the purposes of a

consistency review by States with federally approved coastal zone

management programs, designation of a National Marine Sanctuary is

deemed to be a Federal activity, which, if affecting the State's

coastal zone, must be undertaken in a manner consistent to the maximum

extent practicable with the approved State coastal zone program as

provided by section 307(c)(1) of the Coastal Zone Management Act of

1972, as amended, and implementing regulations at 15 CFR part 930,

subpart.

(2) Ensure that relevant State agencies are consulted prior to

holding any public hearings pursuant to section 304(a)(3) of the Act.

(3) Provide the Governor(s) of any State(s) in which a proposed

Sanctuary would be located an opportunity to certify the designation or

any of its terms as unacceptable as specified in section 304(b)(1) of

the Act.

(b) The Secretary shall develop proposed regulations relating to

activities under the jurisdiction of one or more other Federal agencies

in consultation with those agencies.

Sec. 922.24 Congressional documents.

In designating a National Marine Sanctuary, the Secretary shall

prepare and submit to Congress those documents described in section 304

of the Act.

Sec. 922.25 Designation determination and findings.

(a) In designating a National Marine Sanctuary, the Secretary shall

prepare a written Designation Determination and Findings which shall

include those findings and determinations described in section 303 of

the Act.

(b) In addition to those factors set forth in section 303 of the

Act, the Secretary, when making a designation determination, shall

consider the Program's fiscal capability to manage the area as a

National Marine Sanctuary.

Subpart D--Management Plan Development and Implementation

Sec. 922.30 General.

(a) The Secretary shall implement each management plan, and

applicable regulations, including carrying out surveillance and

enforcement activities and conducting such research, monitoring,

evaluation, and education programs as are necessary and reasonable to

carry out the purposes and policies of the Act.

(b) Consistent with Sanctuary management plans, the Secretary shall

develop and implement site-specific contingency and emergency-response

plans designed to protect Sanctuary resources. The plans shall contain

alert procedures and actions to be taken in the event of an emergency

such as a shipwreck or an oil spill.

Sec. 922.31 Promotion and coordination of Sanctuary use.

The Secretary shall take such action as is necessary and reasonable

to promote and coordinate the use of National Marine Sanctuaries for

research, monitoring, and education purposes. Such action may include

consulting with Federal agencies, or other persons to promote use of

one or more Sanctuaries for research, monitoring and education,

including coordination with the National Estuarine Research Reserve

System.

Subpart E--Regulations of General Applicability

Sec. 922.40 Purpose.

The purpose of the regulations in this subpart and in subparts F

through O is to implement the designations of the ten National Marine

Sanctuaries for which site-specific regulations appear in subparts F

through O, respectively, by regulating activities affecting them,

consistent with their respective terms of designation in order to

protect, preserve and manage and thereby ensure the health, integrity

and continued availability of the conservation, ecological,

recreational, research, educational, historical and aesthetic resources

and qualities of these areas.

Sec. 922.41 Boundaries.

The boundary for each of the ten National Marine Sanctuaries

covered by this part is described in subparts F through O,

respectively.

Sec. 922.42 Allowed activities.

All activities except those site-specific activities prohibited or

otherwise regulated in subparts F through O, may be conducted subject

to any emergency regulations promulgated pursuant to Secs. 922.44 and

922.111(c), subject to all prohibitions, restrictions and conditions

validly imposed by any other authority of competent jurisdiction, and

subject to the liability established by section 312 of the Act.

Sec. 922.43 Prohibited or otherwise regulated activities.

Subparts F through O set forth site-specific regulations applicable

to the activities specified therein.

Sec. 922.44 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 are

subject to

[[Page 66881]]

immediate temporary regulation, including prohibition. The provisions

of this section do not apply to the Cordell Bank National Marine

Sanctuary. See Sec. 922.111(c) for the authority to issue emergency

regulations with respect to that Sanctuary.

Sec. 922.45 Penalties.

(a) Each violation of the Act, any regulation in this part, or any

permit issued pursuant thereto, is subject to a civil penalty of not

more than $100,000. Each day of a continuing violation constitutes a

separate violation.

(b) Regulations setting forth the procedures governing

administrative proceedings for assessment of civil penalties, permit

sanctions, and denials for enforcement reasons, issuance and use of

written warnings, and release or forfeiture of seized property appear

at 15 CFR part 904.

Sec. 922.46 Response costs and damages.

Under section 312 of the Act, any person who destroys, causes the

loss of, or injures any Sanctuary resource is liable to the United

States for response costs and damages resulting from such destruction,

loss or injury, and any vessel used to destroy, cause the loss of, or

injure any Sanctuary resource is liable in rem to the United States for

response costs and damages resulting from such destruction, loss or

injury.

Sec. 922.47 Pre-existing authorizations or rights and certifications

of pre-existing authorizations or rights.

(a) Leases, permits, licenses, or rights of subsistence use or

access in existence on the date of designation of any National Marine

Sanctuary shall not be terminated by the Director. The Director may,

however, regulate the exercise of such leases, permits, licenses, or

rights consistent with the purposes for which the Sanctuary was

designated.

(b) The prohibitions listed in subparts F through O do not apply to

any activity authorized by a valid lease, permit, license, approval or

other authorization in existence on the effective date of Sanctuary

designation and issued by any Federal, State or local authority of

competent jurisdiction, or by any valid right of subsistence use or

access in existence on the effective date of Sanctuary designation,

provided that the holder of such authorization or right complies with

certification procedures and criteria promulgated at the time of

Sanctuary designation and with any terms and conditions on the exercise

of such authorization or right imposed by the Director as a condition

of certification as he or she deems necessary to achieve the purpose

for which the Sanctuary was designated.

Sec. 922.48 National Marine Sanctuary permits--application procedures

and issuance criteria.

(a) A person may conduct an activity prohibited by this part if

conducted in accordance with the scope, purpose, terms and conditions

of a permit issued under this section and subparts F through O.

(b) Applications for such permits should be addressed to the

Director and sent to the address specified in subparts F through O. An

application must include:

(1) A detailed description of the proposed activity including a

timetable for completion;

(2) The equipment, personnel and methodology to be employed;

(3) The qualifications and experience of all personnel;

(4) The potential effects of the activity, if any, on Sanctuary

resources and qualities; and

(5) Copies of all other required licenses, permits, approvals or

other authorizations.

additional information from the applicant as he or she deems necessary

to act on the application and may seek the views of any persons or

entity, within or outside the Federal government, and may hold a public

hearing, as deemed appropriate.

(d) The Director, at his or her discretion, may issue a permit,

subject to such terms and conditions as he or she deems appropriate, to

conduct a prohibited activity, in accordance with the criteria found in

subparts F through O. The Director shall further impose, at a minimum,

the conditions set forth in the relevant subpart.

(e) A permit granted pursuant to this section is nontransferable.

(f) The Director may amend, suspend, or revoke a permit issued

pursuant to this section for good cause. The Director may deny a permit

application pursuant to this section, in whole or in part, if it is

determined that the permittee or applicant has acted in violation of

the terms and conditions of a permit or of the regulations set forth in

this section or subparts F through O or for other good cause. Any such

action shall be communicated in writing to the permittee or applicant

by certified mail and shall set forth the reason(s) for the action

taken. Procedures governing permit sanctions and denials for

enforcement reasons are set forth in subpart D of 15 CFR part 904.

Sec. 922.49 Notification and review of applications for leases,

licenses, permits, approvals or other authorizations to conduct a

prohibited activity.

(a) The prohibitions set forth in regulations found in subparts L

through O, do not apply to any activity authorized by any valid lease,

permit, license, approval or other authorization issued after the

effective date of Sanctuary designated by any Federal, State or local

authority of competent jurisdiction, provided that:

(1) The applicant notifies the Director, in writing, of the

application for such authorization (and of any application for an

amendment, renewal or extension of such authorization) within fifteen

(15) days of the date of application or of the effective date of

Sanctuary designation, whichever is later;

(2) The applicant complies with the other provisions of this

section;

(3) The Director notifies the applicant and authorizing agency that

he or she does not object to issuance of the authorization (or

amendment, renewal or extension); and

(4) The applicant complies with any terms and conditions the

Director deems necessary to protect Sanctuary resources and qualities.

(b) Any potential applicant for a lease, permit, license, approval

or other authorization for any Federal, State or local authority (or

for an amendment, renewal or extension of such authorization) may

request the Director to issue a finding as to whether the activity for

which an application is intended to be made is prohibited by

regulations in this part.

findings should be addressed to the address found in subparts F through

O. A copy of the application must accompany the notification.

(d) The Director may request additional information from the

applicant as he or she deems necessary to determine whether to object

to issuance of such lease, license, permit, approval or other

authorization (or to issuance of an amendment, extension or renewal of

such authorization), or what terms and conditions are necessary to

protect Sanctuary resources and qualities. The information requested

must be received by the Director within 45 days of the postmark date of

the request. The Director may seek the views of any persons on the

application.

(e) The Director shall notify, in writing, the agency to which

application has been made of his or her review of the application and

possible objection to issuance. After review of the application and

information received with respect

[[Page 66882]]

thereto, the Director, or designee shall notify both the agency and

applicant, in writing, whether he or she has an objection to issuance

and what terms and conditions he or she deems necessary to protect

Sanctuary resources and qualities. The Director shall state the

reason(s) for any objection or the reason(s) that any terms and

conditions are deemed necessary to protect Sanctuary resources and

qualities.

(f) The Director may amend the terms and conditions deemed

necessary to protect Sanctuary resources and qualities whenever

additional information becomes available justifying such an amendment.

(g) Any time limit prescribed in or established under this section

may be extended by the Director for good cause.

(h) The applicant may appeal any objection by or terms or

conditions imposed by the Director, to the Assistant Administrator in

accordance with the procedures set forth in Sec. 922.50.

Sec. 922.50 Appeals of administrative action.

(a)(1) Except for permit actions taken for enforcement reasons (see

subpart D of 15 CFR part 904 for applicable procedures), an applicant

for, or a holder of, a National Marine Sanctuary permit; an applicant

for, or a holder of, a Special Use permit pursuant to section 310 of

the Act; a person requesting certification of an existing lease,

permit, license or right of subsistence use or access under

Sec. 922.47; or, for those Sanctuaries described in subparts L through

O, an applicant for a lease, permit, license or other authorization

issued by any Federal, State, or local authority of competent

jurisdiction (hereinafter appellant) may appeal to the Assistant

Administrator:

(i) The granting, denial, conditioning, amendment, suspension or

revocation by the Director of a National Marine Sanctuary or Special

Use permit;

(ii) The conditioning, amendment, suspension or revocation of a

certification under Sec. 922.47; or

(iii) For those Sanctuaries described in subparts L through O, the

objection to issuance of or the imposition of terms and conditions on a

lease, permit, license or other authorization issued by any Federal,

State, or local authority of competent jurisdiction.

(2) For those National Marine Sanctuaries described in subparts F

through K, any interested person may also appeal the same actions

described in paragraphs (a)(1) (i) and (ii) of this section. For

appeals arising from actions taken with respect to these National

Marine Sanctuaries, the term ``appellant'' includes any such interested

persons.

(b) An appeal under paragraph (a) of this section must be in

writing, state the action(s) by the Director appealed and the reason(s)

for the appeal, and be received within 30 days of receipt of notice of

the action by the Director. Appeals should be addressed to the

Assistant Administrator for Ocean Services and Coastal Zone Management,

NOAA 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910.

(c)(1) The Assistant Administrator may request the appellant to

submit such information as the Assistant Administrator deems necessary

in order for him or her to decide the appeal. The information requested

must be received by the Assistant Administrator within 45 days of the

postmark date of the request. The Assistant Administrator may seek the

views of any other persons. For the Monitor National Marine Sanctuary,

if the appellant has requested a hearing, the Assistant Administrator

shall grant an informal hearing. For all other National Marine

Sanctuaries, the Assistant Administrator may determine whether to hold

an informal hearing on the appeal. If the Assistant Administrator

determines that an informal hearing should be held, the Assistant

Administrator may designate an officer before whom the hearing shall be

held.

(2) The hearing officer shall give notice in the Federal Register

of the time, place and subject matter of the hearing. The appellant and

the Director may appear personally or by counsel at the hearing and

submit such material and present such arguments as deemed appropriate

by the hearing officer. Within 60 days after the record for the hearing

closes, the hearing officer shall recommend a decision in writing to

the Assistant Administrator.

(d) The Assistant Administrator shall decide the appeal using the

same regulatory criteria as for the initial decision and shall base the

appeal decision on the record before the Director and any information

submitted regarding the appeal, and, if a hearing has been held, on the

record before the hearing officer and the hearing officer's recommended

decision. The Assistant Administrator shall notify the appellant of the

final decision and he reason(s) therefore in writing. The Assistant

Administrator's decision shall constitute final agency action for the

purpose of the Administrative Procedure Act.

(e) Any time limit prescribed in or established under this section

other than the 30-day limit for filing an appeal may be extended by the

Assistant Administrator or hearing office for good cause.

Subpart F--Monitor National Marine Sanctuary

Sec. 922.60 Boundary.

The Monitor National Marine Sanctuary (Sanctuary) consists of a

vertical water column in the Atlantic Ocean one mile in diameter

extending from the surface to the seabed, the center of which is at

35 deg.00'23'' north latitude and 75 deg.24'32'' west longitude.

Sec. 922.61 Prohibited or otherwise regulated activities.

Except as may be permitted by the Director, the following

activities are prohibited and thus are unlawful for any person to

conduct or to cause to be conducted within the Sanctuary:

(a) Anchoring in any manner, stopping, remaining, or drifting

without power at any time;

(b) Any type of subsurface salvage or recovery operation;

submersible;

(d) Lowering below the surface of the water any grappling, suction,

conveyor, dredging or wrecking device;

(e) Detonating below the surface of the water any explosive or

explosive mechanism;

(f) Drilling or coring the seabed;

(g) Lowering, laying, positioning or raising any type of seabed

cable or cable-laying device;

(h) Trawling; or

(i) Discharging waster material into the water in violation of any

Federal statute or regulation.

Sec. 922.62 Permit procedure and criteria.

(a) Any person or entity may conduct in the Sanctuary any activity

listed in Sec. 922.61 if such activity is either: (1) For the purpose

of research related to the Monitor, or (2) Pertains to salvage or

recovery operations in connection with an air or marine casualty and

such person or entity is in possession of a valid permit issued by the

Director authorizing the conduct of such activity; except that, no

permit is required for the conduct of any activity immediately and

urgently necessary for the protection of life, property or the

environment.

(b) Any person or entity who wishes to conduct in the Sanctuary an

activity for which a permit is authorized by this section (hereafter a

permitted activity) may apply in writing to the Director for a permit

to conduct such activity citing this section as the basis for the

application. Such application should be made to: Director, Office of

Ocean and Coastal Resource Management; ATTN: Manager, Monitor National

Marine

[[Page 66883]]

Sanctuary, Building 1519, NOAA, Fort Eustis, VA 23604-5544.

permitted activity for the purpose of research related to the Monitor,

the Secretary shall evaluate such matters as:

(1) The general professional and financial responsibility of the

applicant;

(2) The appropriateness of the research method(s) envisioned to the

purpose(s) of the research;

(3) The extent to which the conduct of any permitted activity may

diminish the value of the MONITOR as a source of historic, cultural,

aesthetic and/or maritime information;

(4) The end value of the research envisioned; and

(5) Such other matters as the Director deems appropriate.

(d) In considering whether to grant a permit for the conduct of a

permitted activity in the Sanctuary in relation to an air or marine

casualty, the Director shall consider such matters as:

(1) The fitness of the applicant to do the work envisioned;

(2) The necessity of conducting such activity;

(3) The appropriateness of any activity envisioned to the purpose

of the entry into the Sanctuary;

(4) The extent to which the conduct of any such activity may

diminish the value of the Monitor as a source of historic, cultural,

aesthetic and/or maritime information; and

(5) Such other matters as the Director deems appropriate.

(e) In considering any application submitted pursuant to this

section, the Director shall seek and consider the views of the Advisory

Council on Historic Preservation.

(f) The Director may observe any activity permitted by this

section; and/or may require the submission of one or more reports of

the status or progress of such activity.

Subpart G--Channel Islands National Marine Sanctuary

Sec. 922.70 Boundary.

The Channel Islands National Marine Sanctuary (Sanctuary) consists

of an area of the waters off the coast of California of approximately

1252.5 square nautical miles (NM) 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 (collectively the Islands) extending seaward to a distance

of six NM. The boundary coordinates are listed in appendix A to this

subpart.

Sec. 922.71 Prohibited or otherwise regulated activities.

(a) Except as may be necessary for the national defense (subject to

the terms and conditions of Article 5, Section 2 of the Designation

Document) or to respond to an emergency threatening life, property, or

the environment, or except as may be permitted by the Director in

accordance with Sec. 922.48 and Sec. 922.72, the following activities

are prohibited and thus are unlawful for any person to conduct or to

cause to be conducted within the Sanctuary:

(1) Exploring for, developing, and producing hydrocarbons except

pursuant to leases executed prior to March 30, 1981, and except the

laying of pipeline, if the following oil spill contingency equipment is

available at the site of such operations:

(i) 1500 feet of open ocean containment boom and a boat capable of

deploying the boom;

(ii) One oil skimming device capable of open ocean use; and

(iii) Fifteen bales of oil sorbent material, and subject to all

prohibitions, restrictions and conditions imposed by applicable

regulations, permits, licenses or other authorizations and consistency

reviews including those issued by the Department of the Interior, the

Coast Guard, the Corps of Engineers, the Environmental Protection

Agency and under the California Coastal Management Program and its

implementing regulations.

(2) Discharging or depositing any material or other matter except:

(i) Fish or fish parts and chumming materials (bait);

(ii) Water (including cooling water) and other biodegradable

effluents incidental to vessel use of the Sanctuary generated by:

(A) Marine sanitation devices;

(B) Routine vessel maintenance, e.g., deck wash down;

(D) Meals on board vessels;

(iii) Effluents incidental to hydrocarbon exploration and

exploitation activities allowed by paragraph (a)(1) of this section.

(3) Except in connection with the laying of any pipeline as allowed

by paragraph (a)(1) of this section, within 2 NM of any Island:

(i) Constructing any structure other than a navigation aid,

(ii) Drilling through the seabed, or

(iii) Dredging or otherwise altering the seabed in any way, other

than

(A) To anchor vessels, or

(B) To bottom trawl from a commercial fishing vessel.

(4) Except to transport persons or supplies to or from an Island,

operating within one NM of an Island any vessel engaged in the trade of

carrying cargo, including, but not limited to, tankers and other bulk

carriers and barges, or any vessel engaged in the trade of servicing

offshore installations. In no event shall this section be construed to

limit access for fishing (including kelp harvesting), recreational, or

research vessels.

(5) Disturbing seabirds or marine mammals by flying motorized

aircraft at less than 1000 feet over the waters within one NM of any

Island except:

(i) For enforcement purposes;

(ii) To engage in kelp bed surveys; or

(iii) To transport persons or supplies to or from an Island.

(6) Removing or damaging any historical or cultural resource.

(b) All activities currently carried out by the Department of

Defense within the Sanctuary are essential for the national defense

and, therefore, not subject to the prohibitions in this section. The

exemption of additional activities having significant impact shall be

determined in consultation between the Director and the Department of

Defense.

Sec. 922.72 Permit procedures and criteria.

(a) Any person in possession of a valid permit issued by the

Director in accordance with this section and Sec. 922.48 may conduct

any activity in the Sanctuary prohibited under Sec. 922.71 if such

activity is either:

(1) Research related to the resources of the Sanctuary,

(2) To further the educational value of the Sanctuary; or

(3) For salvage or recovery operations.

(b) Permit applications shall be addressed to: Director, Office of

Ocean and Coastal Resource Management, ATTN: Manager, Channel Islands

National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109.

evaluate such matters as:

(1) The general professional, and financial responsibility of the

applicant;

(2) The appropriateness of the methods envisioned to the purpose(s)

of the activity;

(3) The extent to which the conduct of any permitted activity may

diminish or enhance the value of the Sanctuary as a source of

recreation, or as a source of educational or scientific information;

(4) The end value of the activity and

(5) Such other matters as may be deemed appropriate.

(d) The Director may observe any permitted activity and/or require

the submission of one or more reports of the status or progress of such

activity. Any information obtained shall be available to the public.

[[Page 66884]]

Appendix A to Subpart G of Part 922--Channel Islands National

Marine Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------

Point No. Latitude north Longitude west

----------------------------------------------------------------------------------------------------------------

Northern Channel Islands Section

----------------------------------------------------------------------------------------------------------------

01....................................... 33 deg.56'28.959'' 119 deg.16'23.800''

02....................................... 33 deg.58'03.919'' 119 deg.14'56.964''

03....................................... 34 deg.01'33.846'' 119 deg.14'07.740''

04....................................... 34 deg.04'24.203'' 119 deg.15'21.308''

05....................................... 34 deg.06'06.653'' 119 deg.17'27.002''

06....................................... 34 deg.06'54.809'' 119 deg.19'46.046''

07....................................... 34 deg.06'57.988'' 119 deg.23'24.905''

08....................................... 34 deg.06'51.627'' 119 deg.24'04.198''

09....................................... 34 deg.07'01.640'' 119 deg.25'40.819'''

10....................................... 34 deg.06'59.904'' 119 deg.26'50.959''

11....................................... 34 deg.08'02.002'' 119 deg.28'47.501''

12....................................... 34 deg.08'17.693'' 119 deg.29'27.698''

13....................................... 34 deg.08'52.234'' 119 deg.30'39.562''

14....................................... 34 deg.09'16.780'' 119 deg.35'22.667''

15....................................... 34 deg.09'05.106'' 119 deg.36'41.694''

16....................................... 34 deg.08'02.782'' 119 deg.39'33.421''

17....................................... 34 deg.08'46.870'' 119 deg.41'48.621''

18....................................... 34 deg.09'35.563'' 119 deg.45'57.284''

19....................................... 34 deg.09'32.627'' 119 deg.46'37.335''

20....................................... 34 deg.09'33.396'' 119 deg.47'32.285''

21....................................... 34 deg.09'43.668'' 119 deg.48'09.018''

22....................................... 34 deg.10'10.616'' 119 deg.50'07.659''

23....................................... 34 deg.10'21.586'' 119 deg.51'05.146''

24....................................... 34 deg.10'33.161'' 119 deg.53'17.044''

25....................................... 34 deg.10'36.545'' 119 deg.55'57.373''

26....................................... 34 deg.10'21.283'' 119 deg.57'26.403''

27....................................... 34 deg.08'07.255'' 120 deg.01'07.233''

28....................................... 34 deg.08'13.144'' 120 deg.02'27.930''

29....................................... 34 deg.07'47.772'' 120 deg.05'05.449''

30....................................... 34 deg.07'29.314'' 120 deg.06'36.262''

31....................................... 34 deg.07'30.691'' 120 deg.09'35.238''

32....................................... 34 deg.06'36.285'' 120 deg.12'39.335''

33....................................... 34 deg.06'40.634'' 120 deg.13'33.940''

34....................................... 34 deg.08'10.759'' 120 deg.15'07.017''

35....................................... 34 deg.09'12.290'' 120 deg.17'07.046''

35A...................................... 34 deg.09'50.706'' 120 deg.17'31.649''

36....................................... 34 deg.10'56.346'' 120 deg.18'40.520''

36B...................................... 34 deg.11'28.249'' 120 deg.19'29.213''

37....................................... 34 deg.12'08.078'' 120 deg.21'00.835''

37C...................................... 34 deg.12'25.468'' 120 deg.25'01.261''

38....................................... 34 deg.12'18.754'' 120 deg.25'39.373''

38D...................................... 34 deg.11'33.184'' 120 deg.27'33.921''

39....................................... 34 deg.12'19.470'' 120 deg.30'22.620''

39E...................................... 34 deg.12'17.540'' 120 deg.32'19.959''

40....................................... 34 deg.10'54.592'' 120 deg.35'57.887''

40F...................................... 34 deg.06'07.491'' 120 deg.38'27.883''

41....................................... 34 deg.04'53.454'' 120 deg.38'16.602''

41G...................................... 34 deg.03'30.539'' 120 deg.37'39.442''

42....................................... 34 deg.01'09.860'' 120 deg.35'04.808''

42H...................................... 34 deg.00'48.573'' 120 deg.34'25.106''

43....................................... 33 deg.59'13.122'' 120 deg.33'53.385''

44....................................... 33 deg.57'01.427'' 120 deg.31'54.590''

45....................................... 33 deg.55'36.973'' 120 deg.27'37.188''

46....................................... 33 deg.55'30.037'' 120 deg.25'14.587''

47....................................... 33 deg.54'50.522'' 120 deg.22'29.536''

48....................................... 33 deg.55'01.640'' 120 deg.19'26.722''

49....................................... 33 deg.54'34.409'' 120 deg.18'27.344''

50....................................... 33 deg.53'23.129'' 120 deg.17'39.927''

51....................................... 33 deg.50'39.990'' 120 deg.15'13.874''

52....................................... 33 deg.49'53.260'' 120 deg.13'41.904''

53....................................... 33 deg.49'03.437'' 120 deg.12'06.750''

54....................................... 33 deg.48'36.087'' 120 deg.11'10.821''

55....................................... 33 deg.47'39.280'' 120 deg.07'59.707''

56....................................... 33 deg.47'37.617'' 120 deg.06'04.002''

57....................................... 33 deg.47'59.351'' 120 deg.04'08.370''

58....................................... 33 deg.48'38.700'' 120 deg.02'33.188''

59....................................... 33 deg.48'52.167'' 120 deg.01'50.244''

60....................................... 33 deg.50'28.486'' 119 deg.57'50.820''

61....................................... 33 deg.50'55.128'' 119 deg.55'19.934''

62....................................... 33 deg.52'13.338'' 119 deg.52'53.439''

63....................................... 33 deg.52'04.900'' 119 deg.52'10.719''

64....................................... 33 deg.51'39.919'' 119 deg.47'21.152''

65....................................... 33 deg.51'48.592'' 119 deg.46'13.213''

66....................................... 33 deg.51'35.798'' 119 deg.44'34.589''

67....................................... 33 deg.51'44.374'' 119 deg.41'12.738''

68....................................... 33 deg.52'23.857'' 119 deg.39'14.708''

69....................................... 33 deg.53'09.365'' 119 deg.37'30.784''

70....................................... 33 deg.53'12.754'' 119 deg.35'35.793''

71....................................... 33 deg.53'17.114'' 119 deg.34'54.567''

72....................................... 33 deg.53'38.865'' 119 deg.32'51.578''

73....................................... 33 deg.54'02.277'' 119 deg.31'06.274''

74....................................... 33 deg.54'56.444'' 119 deg.28'54.052''

75....................................... 33 deg.54'39.349'' 119 deg.27'37.512''

76....................................... 33 deg.54'15.236'' 119 deg.25'23.779''

77....................................... 33 deg.54'07.847'' 119 deg.24'22.849''

78....................................... 33 deg.54'04.682'' 119 deg.22'58.006''

79....................................... 33 deg.54'14.311'' 119 deg.21'44.573''

80....................................... 33 deg.54'22.824'' 119 deg.21'09.003''

81....................................... 33 deg.54'46.904'' 119 deg.19'54.677''

82....................................... 33 deg.55'05.834'' 119 deg.19'16.027''

Santa Barbara Island Section

83....................................... 33 deg.28'56.904'' 119 deg.10'04.092''

84....................................... 33 deg.26'32.364'' 119 deg.10'01.328''

85....................................... 33 deg.24'19.904'' 119 deg.08'52.236''

86....................................... 33 deg.23'26.019'' 119 deg.07'54.826''

87....................................... 33 deg.22'04.836'' 119 deg.05'16.716''

88....................................... 33 deg.21'49.387'' 119 deg.04'01.551''

89....................................... 33 deg.21'44.594'' 119 deg.02'49.887''

90....................................... 33 deg.21'49.556'' 119 deg.01'37.839''

91....................................... 33 deg.22'07.538'' 118 deg.59'49.357''

92....................................... 33 deg.22'27.774'' 118 deg.58'51.623''

93....................................... 33 deg.22'47.957'' 118 deg.58'07.633''

94....................................... 33 deg.23'20.805'' 118 deg.57'14.375''

95....................................... 33 deg.24'18.458'' 118 deg.56'08.450''

96....................................... 33 deg.26'24.130'' 118 deg.54'51.352''

97....................................... 33 deg.29'02.820'' 118 deg.54'22.276''

98....................................... 33 deg.31'27.917'' 118 deg.54'50.367''

99....................................... 33 deg.32'17.935'' 118 deg.55'18.396''

100...................................... 33 deg.35'10.090'' 118 deg.59'40.091''

101...................................... 33 deg.35'24.575'' 119 deg.01'22.108''

102...................................... 33 deg.35'06.497'' 119 deg.03'59.463''

103...................................... 33 deg.34'48.322'' 119 deg.05'03.374''

104...................................... 33 deg.32'37.151'' 119 deg.08'37.201''

105...................................... 33 deg.30'41.731'' 119 deg.09'45.845''

----------------------------------------------------------------------------------------------------------------

Subpart H--Point Reyes/Farallon Islands National Marine Sanctuary

Sec. 922.80 Boundary.

(a) The Point Reyes/Farallon Islands Marine Sanctuary (Sanctuary)

consists of an area of the waters adjacent to the coast of California

north and south of the Point Reyes Headlands, between Bodega Head and

Rocky Point and the Farallon Islands (including Noonday Rock), and

includes approximately 948 square nautical miles (NM). The boundary

coordinates are listed in Appendix A to this subpart.

(b) The shoreward boundary follows the mean high tide line and the

seaward limit of Point Reyes National Seashore. Between Bodega Head and

Point Reyes Headlands, the Sanctuary extends seaward 3 NM beyond State

waters. The Sanctuary also includes the waters within 12 NM of the

Farallon Islands, and between the Islands and the mainland from Point

Reyes Headlands to Rocky Point. The Sanctuary includes Bodega Bay, but

not Bodega Harbor.

Sec. 922.81 Definitions.

In addition to those definitions found at Sec. 922.3, the

following definition applies to this subpart:

Areas of Special Biological Significance (ASBS) means those areas

established by the State of California prior to the designation of the

Sanctuary except that for purposes of the regulations in this subpart,

the area established around the Farallon Islands shall not be included.

Sec. 922.82 Prohibited or otherwise regulated activities.

(a) Except as may be necessary for national defense (subject to the

terms and conditions of Article 5, Section 2 of the Designation

Document) or to respond to an emergency threatening life, property or

the environment, or except as may be permitted by the Director in

accordance with Sec. 922.48 and Sec. 922.83, the following activities

are prohibited and thus are unlawful for any person to conduct or to

cause to be conducted within the Sanctuary:

(1) Exploring for, developing and producing oil or gas except that

pipelines related to hydrocarbon operations outside the Sanctuary may

be placed at a distance greater than 2 NM from the Farallon Islands,

Bolinas Lagoon, and ASBS where certified to have no significant effect

on Sanctuary resources in accordance with Sec. 922.84.

(2) Discharging or depositing any material or other matter except:

(i) Fish or fish parts and chumming materials (bait).

(ii) Water (including cooling water) and other biodegradable

effluents incidental to vessel use of the Sanctuary generated by:

(A) Marine sanitation devices;

(B) Routine vessel maintenance, e.g., deck wash down;

(D) Meals on board vessels.

(iii) Dredge material disposed of at the interim dumpsite now

established approximately 10 NM south of the southeast Farallon Island

and municipal sewage provided such discharges are certified in

accordance with Sec. 922.84.

(3) Except in connection with the laying of pipelines or

construction of an outfall if certified in accordance with

Sec. 922.84:

(i) Constructing any structure other than a navigation aid,

(ii) Drilling through the seabed, and

[[Page 66885]]

(iii) Dredging or otherwise altering the seabed in any way other

than by anchoring vessels or bottom trawling from a commercial fishing

vessel, except for routine maintenance and navigation, ecological

maintenance, mariculture, and the construction of docks and piers in

Tomales Bay.

(4) Except to transport persons or supplies to or from islands or

mainland areas adjacent to Sanctuary waters, within an area extending 2

NM from the Farallon Islands, Bolinas Lagoon, or any ASBS, operating

any vessel engaged in the trade of carrying cargo, including but not

limited to tankers and other bulk carriers and barges, or any vessel

engaged in the trade of servicing offshore installations. In no event

shall this section be construed to limit access for fishing,

recreational or research vessels.

(5) Disturbing seabirds or marine mammals by flying motorized

aircraft at less than 1000 feet over the waters within one NM of the

Farallon Islands, Bolinas Lagoon, or any ASBS except to transport

persons or supplies to or from the Islands or for enforcement purposes.

(6) Removing or damaging any historical or cultural resource.

(b) All activities currently carried out by the Department of

Defense within the Sanctuary are essential for the national defense

and, therefore, not subject to the prohibitions in this section. The

exemption of additional activities having significant impacts shall be

determined in consultation between the Director and the Department of

Defense.

Sec. 922.83 Permit procedures and criteria.

(a) Any person in possession of a valid permit issued by the

Director in accordance with this section and Sec. 922.48 may conduct

any activity in the Sanctuary, prohibited user Sec. 922.82, if such an

activity is

(1) Research related to the resources of the Sanctuary,

(2) To further the educational value of the Sanctuary, or

(3) For salvage or recovery operations.

(b) Permit applications shall be addressed to the Director, Office

of Ocean and Coastal Resource Management, ATTN: Manager, Point Reyes/

Farallon Islands National Marine Sanctuary, Fort Mason, building #201,

San Francisco, CA 94123.

evaluate

(1) The general professional and financial responsibility of the

applicant,

(2) The appropriateness of the methods envisioned to the purpose(s)

of the activity,

(3) The extent to which the conduct of any permitted activity may

diminish or enhance the value of the Sanctuary,

(4) The end value of the activity, and

(5) Other matters as deemed appropriate.

(d) The Director may observe any permitted activity and/or require

the submission of one or more reports of the status or progress of such

activity. Any information obtained will be made available to the

public.

Sec. 922.84 Certification of other permits.

(a) A permit, license, or other authorization allowing the

discharge of municipal sewage, the laying of any pipeline outside 2 NM

from the Farallon Islands, Bolinas Lagoon and ASBS, or the disposal of

dredge material at the interim dumpsite now established approximately

10 NM south of the Southeast Farallon Island prior to the selection of

a permanent dumpsite shall be valid if certified by the Director as

consistent with the purpose of the Sanctuary and having no significant

effect on Sanctuary resources. Such certification may impose terms and

conditions as deemed appropriate to ensure consistency.

(b) In considering whether to make the certifications called for in

this section, the Director may seek and consider the views of any other

person or entity, within or outside the Federal government, and may

hold a public hearing as deemed appropriate.

unless the Director acts to deny or condition certification within 60

days from the date that the Director receives notice of the proposed

permit and the necessary supporting data.

(d) The Director may amend, suspend, or revoke any certification

made under this section whenever continued operation would violate any

terms or conditions of the certification. Any such action shall be

forwarded in writing to both the holder of the certified permit and the

issuing agency and shall set forth reason(s) for the action taken.

Appendix A to Subpart H of Part 922--Point Reyes/Farallon Islands

National Marine Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------

Point No. Latitude north Longitude west

----------------------------------------------------------------------------------------------------------------

1........................................ 38 deg.15'50.349'' 123 deg.10'48.933''

2........................................ 38 deg.12'36.338'' 123 deg.07'04.846''

3........................................ 38 deg.09'57.033'' 123 deg.05'27.435''

4........................................ 38 deg.08'26.872'' 123 deg.04'52.524''

5........................................ 38 deg.07'42.125'' 123 deg.05'10.714''

6........................................ 38 deg.06'08.017'' 123 deg.05'48.920''

7........................................ 38 deg.05'26.765'' 123 deg.06'09.922''

8........................................ 38 deg.04'44.587'' 123 deg.06'29.251''

9........................................ 38 deg.03'54.439'' 123 deg.06'57.591''

10....................................... 38 deg.03'07.527'' 123 deg.07'37.755''

11....................................... 37 deg.59'32.425'' 123 deg.08'24.905''

12....................................... 37 deg.59'22.344'' 123 deg.14'06.127''

13....................................... 37 deg.57'31.931'' 123 deg.19'19.187''

14....................................... 37 deg.54'16.943'' 123 deg.23'18.456''

15....................................... 37 deg.50'05.522'' 123 deg.25'28.791''

16....................................... 37 deg.45'33.799'' 123 deg.25'32.666''

17....................................... 37 deg.41'20.351'' 123 deg.23'29.811''

18....................................... 37 deg.38'01.053'' 123 deg.19'37.445''

19....................................... 37 deg.36'04.665'' 123 deg.14'30.483''

20....................................... 37 deg.35'30.191'' 123 deg.13'31.060''

21....................................... 37 deg.33'47.197'' 123 deg.11'50.904''

22....................................... 37 deg.31'12.270'' 123 deg.07'39.618''

23....................................... 37 deg.30'29.706'' 123 deg.05'42.221''

24....................................... 37 deg.29'39.287'' 123 deg.00'23.711''

25....................................... 37 deg.30'34.337'' 122 deg.54'18.139''

26....................................... 37 deg.31'47.784'' 122 deg.51'31.592''

27....................................... 37 deg.34'17.533'' 122 deg.48'10.415''

28....................................... 37 deg.36'58.627'' 122 deg.46'05.779''

29....................................... 37 deg.39'59.303'' 122 deg.44'59.838''

30....................................... 37 deg.52'56.355'' 122 deg.37'35.195''

----------------------------------------------------------------------------------------------------------------

Subpart I--Gray's Reef National Marine Sanctuary

Sec. 922.90 Boundary.

The Gray's Reef National Marine Sanctuary (Sanctuary) consists of

16.68 square nautical miles (NM) of high sea waters off the coast of

Georgia. The Sanctuary boundary includes all waters within a rectangle

starting at coordinate 31 deg.21'45''N, 80 deg.55'17''W, commencing to

coordinate 31 deg.25'15''N, 80 deg.55'17''W, thence to coordinate

31 deg.25'15''N, 80 deg.49'42''W, thence to coordinate 31 deg.21'45''N,

80 deg.49'42''W, thence back to the point of origin.

Sec. 922.91 Prohibited or otherwise regulated activities.

(a) Except as may be necessary for national defense (subject to the

terms and conditions of Article 5, Section 2 of the Designation

Document) or to respond to an emergency threatening life, property, or

the environment, or except as may be permitted by the Director in

accordance with Sec. 922.48 and Sec. 922.92, the following activities

are prohibited and thus are unlawful for any person to conduct or to

cause to be conducted within the Sanctuary:

(1) Dredging, drilling, or otherwise altering the seabed in any way

nor constructing any structure other than a navigation aid.

(2) Discharging or depositing any material or other matter except:

(i) Fish or parts, bait, and chumming materials;

(ii) Effluent from marine sanitation devices; and

(iii) Vessel cooling waters.

(3) Operating a watercraft other than in accordance with the

Federal rules and regulations that would apply if there were no

Sanctuary.

(4) Using, placing, or possessing wire fish traps.

[[Page 66886]]

(5) Using a bottom trawl, specimen dredge, or similar vessel-towed

bottom sampling device.

(6)(i)(A) Breaking, cutting, or similarly damaging, taking, or

removing any bottom formation, marine invertebrate, or marine plant.

(B) Taking any tropical fish.

to take any marine animal not otherwise prohibited to be taken.

(ii) There shall be a rebuttable presumption that any bottom

formation, marine invertebrate, tropical fish, marine plant, or marine

animal found in the possession of a person within the Sanctuary have

been collected within or removed from the Sanctuary.

(7) Tampering with, damaging, or removing any historic or cultural

resources.

(b) All activities currently carried out by the Department of

Defense within the Sanctuary are essential for the national defense

and, therefore, not subject to the prohibitions in this section. The

exemption of additional activities having significant impacts shall be

determined in consultation between the Director and the Department of

Defense.

Sec. 922.92 Permit procedures and criteria.

(a) Any person in possession of a valid permit issued by the

Director in accordance with this section and Sec. 922.48 may conduct

the specific activity in the Sanctuary including any activity

specifically prohibited under Sec. 922.91, if such activity is

(1) Research related to the resources of the Sanctuary,

(2) To further the educational value of the Sanctuary, or

(3) For salvage or recovery operations.

(b) Permit applications shall be addressed to the Director, Office

of Ocean and Coastal Resource Management, ATTN: Manager, Gray's Reef

National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411.

evaluate

(1) The general professional and financial responsibility of the

applicant,

(2) The appropriateness of the methods envisioned to the purpose(s)

of the activity,

(3) The extent to which the conduct of any permitted activity may

diminish or enhance the value of the Sanctuary,

(4) The end value of the activity, and

(5) Other matters as deemed appropriate.

(d) The Director may observe any permitted activity and/or require

the submission of one or more reports of the status or progress of such

activity. Any information obtained will be made available to the

public.

Subpart J--Fagatele Bay National Marine Sanctuary

Sec. 922.100 Scope of regulations.

The provisions of this subpart J apply only to the area of the

Territory of American Samoa within the boundary of the Fagatele Bay

National Marine Sanctuary (Sanctuary). Neither the provisions of this

subpart J nor any permit issued under their authority shall be

construed to relieve a person from any other requirements imposed by

statute or regulation of the Territory of American Samoa or of the

United States. In addition, no statute or regulation of the Territory

of American Samoa shall be construed to relieve a person from the

restrictions, conditions, and requirements contained in this subpart J.

Sec. 922.101 Boundary.

The Sanctuary is a 163-acre (0.25 sq. mi.) coastal embayment formed

by a collapsed volcanic crater on the island of Tutuila, Territory of

American Samoa and includes Fagatele Bay in its entirety. The landward

boundary is defined by the mean high high water (MHHW) line between

Fagatele Point (14 deg.22'15'' S, 170 deg.46'5'' W) and Steps Point

(14 deg.22'44'' S, 170 deg.45'27'' W). The seaward boundary of the

Sanctuary is defined by a straight line between Fagatele Point and

Steps Point.

Sec. 922.102 Prohibited or otherwise regulated activities.

(a) Except as may be necessary for national defense or to respond

to an emergency threatening life, property, or the environment, or as

may be permitted by the Director in accordance with Sec. 922.48 and

Sec. 922.104, the following activities are prohibited and thus are

unlawful for any person to conduct or to cause to be conducted within

the Sanctuary:

(1)(i)(A) Gathering, taking, breaking, cutting, damaging,

destroying, or possessing any invertebrate, coral, bottom formation, or

marine plant.

(B) Taking, gathering, cutting, damaging, destroying, or possessing

any crown-of-thorns starfish (Acanthaster planci).

similar environmentally destructive methods.

(D) Possessing or using spearguns, including such devices known as

Hawaiian slings, pole spears, arbalettes, pneumatic and spring-loaded

spearguns, bows and arrows, bang sticks, or any similar taking device.

(E) Possessing or using a seine, trammel net, or any type of fixed

net.

(ii) There shall be a rebuttable presumption that any items listed

in this paragraph (a)(1) found in the possession of a person within the

Sanctuary have been used, collected, or removed within or from the

Sanctuary.

(2)(i) Operating a vessel closer than 200 feet (60.96 meters) from

another vessel displaying a dive flag at a speed exceeding three knots.

(ii) Operating a vessel in a manner which causes the vessel to

strike or otherwise cause damage to the natural features of the

Sanctuary.

(3) Diving or conducting diving operations from a vessel not flying

in a conspicuous manner the international code flag alpha ``A.''

(4) Littering, depositing, or discharging, into the waters of the

Sanctuary, any material or other matter.

(5) Disturbing the benthic community by dredging, filling,

dynamiting, bottom trawling, or otherwise altering the seabed.

(6) Removing, damaging, or tampering with any historical or

cultural resource within the boundary of the Sanctuary.

(7) Ensnaring, entrapping, or fishing for any sea turtle listed as

a threatened or endangered species under the Endangered Species Act of

1973, as amended, 16 U.S.C. 1531 et seq.

(8) Except for law enforcement purposes, using or discharging

explosives or weapons of any description. Distress signaling devices,

necessary and proper for safe vessel operation, and knives generally

used by fishermen and swimmers shall not be considered weapons for

purposes of this section.

(9) Marking, defacing, or damaging in any way, or displacing or

removing or tampering with any signs, notices, or placards, whether

temporary or permanent, or with any monuments, stakes, posts, or other

boundary markers related to the Sanctuary.

(b) In addition to those activities prohibited or otherwise

regulated under paragraph (a) of this section, the following activities

are prohibited and thus are unlawful for any person to conduct or to

cause to be conducted landward of the straight line connecting Fagatele

Point (14 deg.22'15'' S, 170 deg.46'5'' W) and Matautuloa Benchmark

(14 deg.22'18'' S, 170 deg.45'35'' W).

(1) Possessing or using fishing poles, handlines, or trawls.

(2) Fishing commercially.

Sec. 922.103 Management and enforcement.

The National Oceanic and Atmospheric Administration (NOAA) has

primary responsibility for the

[[Page 66887]]

management of the Sanctuary pursuant to the Act. The American Samoa

Economic and Development Planning Office (EDPO) will assist NOAA in the

administration of the Sanctuary, and act as the lead agency, in

conformance with the Designation Document, these regulations, and the

terms and provisions of any grant or cooperative agreement. NOAA may

act to deputize enforcement agents of the American Samoa Government

(ASG) to enforce the regulations in this subpart in accordance with

existing law. If NOAA chooses to exercise this provision, a memorandum

of understanding shall be executed between NOAA and the ASG or the

person(s) or entity authorized to act on their behalf.

Sec. 922.104 Permit procedures and criteria.

(a) Any person in possession of a valid permit issued by the

Director, in consultation with the EDPO, in accordance with this

section and Sec. 922.48, may conduct an activity otherwise prohibited

by Sec. 922.102 in the Sanctuary if such activity is judged not to

cause long-term or irreparable harm to the resources of the Sanctuary,

and is:

(1) Related to research involving Sanctuary resources designed to

enhance understanding of the Sanctuary environment or to improve

resource management decisionmaking;

(2) Intended to further the educational value of the Sanctuary and

thereby enhance understanding of the Sanctuary environmental or improve

resource management decisionmaking; or

(3) For salvage or recovery operations.

(b) Permit applications shall be addressed to the Director, Office

of Ocean and Coastal Resource Management; ATTN: Sanctuary Coordinator,

Fagatele Bay National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS

96799.

evaluate such matters as:

(1) The general professional and financial responsibility of the

applicant;

(2) The appropriateness of the methods being proposed for the

purpose(s) of the activity;

(3) The extent to which the conduct of any permitted activity may

diminish or enhance the value of the Sanctuary as a source of

recreation, education, or scientific information; and

(4) The end value of the activity.

(d) In addition to meeting the criteria in this section and

Sec. 922.48, the applicant also must demonstrate to the Director that:

(1) The activity shall be conducted with adequate safeguards for

the environment; and

(2) The environment shall be returned to, or will regenerate to,

the condition which existed before the activity occurred.

(e) The Director may, at his or her discretion, grant a permit

which has been applied for pursuant to this section, in whole or in

part, and subject the permit to such condition(s) as he or she deems

necessary. A permit granted for research related to the Sanctuary may

include, but is not limited to, the following conditions:

(1) The Director may observe any activity permitted by this

section;

(2) any information obtained in the research site shall be made

available to the public; and

(3) The submission of one or more reports of the status of such

research activity may be required.

Subpart K--Cordell Bank National Marine Sanctuary

Sec. 922.110 Boundary

The Cordell Bank National Marine Sanctuary (Sanctuary) consists of

a 397.05 square nautical mile (NM) area of marine waters approximately

50 miles west-northwest of San Francisco, California extending at

180 deg. from the northernmost boundary of the Point Reyes-Farallon

Islands National Marine Sanctuary (PRNMS) to the 1,000 fathom isobath

northwest of the Bank, then south along this isobath to the PRNMS

boundary and back to the northwest along this boundary to the beginning

point. The boundary coordinates are listed in appendix A to this

subpart.

Sec. 922.111 Prohibited or otherwise regulated activities.

(a) Except as necessary for national defense or to respond to an

emergency threatening life, property or the environment, or except as

permitted in accordance with Sec. 922.48 and Sec. 922.112 or certified

in accordance with Sec. 922.47, the following activities are prohibited

and thus are unlawful for any person to conduct or to cause to be

conducted:

(1) (1) Depositing or discharging, from any location within the

boundary of the Sanctuary, material or other matter of any kind except:

(A) Fish, fish parts, chumming materials (bait) produced and

discarded during routine fishing activities conducted in the Sanctuary;

and

(B) Water (including cooling water) and other biodegradable

effluents incidental to use of a vessel in the Sanctuary and generated

by: Marine sanitation devices approved by the United States Coast

Guard; routine vessel maintenance, e.g., deck wash down; engine

exhaust; or meals on board vessels.

(ii) Depositing or discharging, from any location beyond the

boundaries of the Sanctuary, material or other matter of any kind,

except for the exclusions listed in paragraph (a)(1)(i) of this

section, which enter the Sanctuary and injure a Sanctuary resource.

(2) Removing, taking, or injuring or attempting to remove, take, or

injure benthic invertebrates or algae located on Cordell Bank or within

the 50 fathom isobath surrounding the Bank. There is a rebuttable

presumption that any such resource found in the possession of a person

within the Sanctuary was taken or removed by that person. This

prohibition does not apply to accidental removal, injury, or takings

during normal fishing operations.

(3) Exploring for, or developing or producing, oil, gas, or

minerals in any area of the Sanctuary.

(b) All activities being carried out by the Department of Defense

(DOD) within the Sanctuary on the effective date of designation that

are necessary for national defense are exempt from the prohibitions

contained in the regulations in this subpart. Additional DOD activities

initiated after the effective date of designation that are necessary

for national defense will be exempted by the Director after

consultation between the Department of Commerce and DOD. DOD activities

not necessary for national defense, such as routine exercises and

vessel operations, are subject to all prohibitions contained in the

regulations in this subpart.

damage to a Sanctuary resource, any activity may be regulated within

the limits of the Act on an emergency basis for no more than 120 days.

Sec. 922.112 Permit procedures and criteria.

(a) If a person wishes to conduct an activity prohibited under

Sec. 922.111, that person must apply for, receive, and have in

possession on board any vessel used a valid permit issued pursuant to

this section and Sec. 922.48 authorizing that person to conduct that

activity.

(b) Permit applications shall be addressed to the Director, Office

of Ocean and Coastal Resource Management; ATTN: Manager, Cordell Bank

National Marine Sanctuary, Fort Mason, Building #201, San Francisco, CA

94123.

subject to such terms and conditions as deemed appropriate, to conduct

an activity otherwise prohibited by Sec. 922.111, if the Director finds

that the activity will further research related to Sanctuary resources;

further the educational or

[[Page 66888]]

historical value of the Sanctuary; further salvage or recovery

operations in or near the Sanctuary in connection with a recent air or

marine casualty; or assist in the management of the Sanctuary. In

deciding whether to issue a permit, the Director may consider such

factors as the professional qualifications and financial ability of the

applicant as related to the proposed activity; the appropriateness of

the methods and procedures proposed by the applicant for the conduct of

the activity; the extent to which the conduct of the activity may

diminish or enhance the values for which the Sanctuary was designated;

and the end value of the applicant's overall activity.

Appendix A to subpart K of Part 922--Cordell Bank National Marine

Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------

Point No. Latitude Longitude

----------------------------------------------------------------------------------------------------------------

1........................................ 38 deg.15'51.72'' 123 deg.10'52.44''

2........................................ 38 deg.07'55.88'' 123 deg.38'33.53''

3........................................ 38 deg.06'45.21'' 123 deg.38'00.40''

4........................................ 38 deg.04'58.41'' 123 deg.37'14.34''

5........................................ 38 deg.04'28.22'' 123 deg.37'17.83''

6........................................ 38 deg.03'42.75'' 123 deg.36'55.66''

7........................................ 38 deg.03'11.10'' 123 deg.36'19.78''

8........................................ 38 deg.02'46.12'' 123 deg.36'21.98''

9........................................ 38 deg.02'02.74'' 123 deg.35'56.56''

10....................................... 38 deg.01'27.10'' 123 deg.35'55.12''

11....................................... 38 deg.01'22.28'' 123 deg.36'55.13''

12....................................... 38 deg.01'11.54'' 123 deg.37'28.21''

13....................................... 38 deg.00'49.16'' 123 deg.37'29.77''

14....................................... 37 deg.59'54.49'' 123 deg.36'47.90''

15....................................... 37 deg.59'12.39'' 123 deg.35'59.55''

16....................................... 37 deg.58'39.40'' 123 deg.35'14.85''

17....................................... 37 deg.58'00.57'' 123 deg.34'42.93''

18....................................... 37 deg.57'18.99'' 123 deg.33'43.15''

19....................................... 37 deg.56'56.42'' 123 deg.32'51.97''

20....................................... 37 deg.56'18.90'' 123 deg.32'49.24''

21....................................... 37 deg.55'22.37'' 123 deg.32'36.96''

22....................................... 37 deg.54'26.10'' 123 deg.32'21.73''

23....................................... 37 deg.53'07.46'' 123 deg.31'46.81''

24....................................... 37 deg.52'34.93'' 123 deg.31'18.90''

25....................................... 37 deg.51'42.81'' 123 deg.31'19.10''

26....................................... 37 deg.50'59.58'' 123 deg.31'02.96''

27....................................... 37 deg.48'49.14'' 123 deg.28'44.61''

28....................................... 37 deg.49'22.64'' 123 deg.29'34.07''

29....................................... 37 deg.48'49.14'' 123 deg.28'44.61''

30....................................... 37 deg.48'36.95'' 123 deg.28'08.29''

31....................................... 37 deg.48'03.37'' 123 deg.28'23.27''

32....................................... 37 deg.47'41.54'' 123 deg.28'01.97''

33....................................... 37 deg.47'01.78'' 123 deg.27'16.78''

34....................................... 37 deg.46'51.92'' 123 deg.26'48.98''

35....................................... 37 deg.46'13.20'' 123 deg.26'04.79''

36....................................... 37 deg.46'00.73'' 123 deg.25'36.99''

37....................................... 37 deg.50'25.31'' 123 deg.25'26.53''

38....................................... 37 deg.54'32.28'' 123 deg.23'16.49''

39....................................... 37 deg.57'45.71'' 123 deg.19'17.72''

40....................................... 37 deg.59'29.27'' 123 deg.14'12.16''

41....................................... 37 deg.59'43.71'' 123 deg.08'27.55''

42....................................... 38 deg.03'10.20'' 123 deg.07'44.35''

43....................................... 38 deg.04'01.64'' 123 deg.06'58.92''

44....................................... 38 deg.08'33.32'' 123 deg.04'56.24''

45....................................... 38 deg.12'42.06'' 123 deg.07'10.21''

----------------------------------------------------------------------------------------------------------------

Subpart L--Flower Garden Banks National Marine Sanctuary

Sec. 922.120 Boundary.

The Flower Garden Banks National Marine Sanctuary (the Sanctuary)

consists of two separate areas of ocean waters over and surrounding the

East and West Flower Garden Banks, and the submerged lands thereunder

including the Banks, in the northwestern Gulf of Mexico. The area

designated at the East Bank is located approximately 120 nautical miles

(NM) south-southwest of Cameron, Louisiana, and encompasses 19.20

NM\2\, and the area designated at the West Bank is located

approximately 110 NM southeast of Galveston, Texas, and encompasses

22.50 NM\2\. The two areas encompass a total of 41.70 NM\2\ (143.21

square kilometers). The boundary coordinates for each area are listed

in appendix A to this subpart.

Sec. 922.121 Definitions.

In addition to those definitions found at Sec. 922.3, the following

definition applies to this subpart:

No-activity zone means one of the two geographic areas delineated

by the Department of the Interior in stipulations for OCS lease sale

112 over and surrounding the East and West Flower Garden Banks as areas

in which activities associated with exploration for, development of, or

production of hydrocarbons are prohibited. The precise coordinates of

these areas are provided in appendix B of this subpart. These

particular coordinates define the geographic scope of the ``no-activity

zones'' for purposes of the regulations in this subpart. These

coordinates are based on the ``\1/4\ \1/4\ \1/4\'' system formerly used

by the Department of the Interior, a method that delineates a specific

portion of a block rather than the actual underlying isobath.

Sec. 922.122 Prohibited or otherwise regulated activities.

(a) Except as specified in paragraphs (c) through (h) of this

section, the following activities are prohibited and thus are unlawful

for any person to conduct or to cause to be conducted:

(1) Exploring for, developing, or producing oil, gas or minerals

except outside of all no-activity zones and provided all drilling

cuttings and drilling fluids are shunted to the seabed through a

downpipe that terminates an appropriate distance, but no more than ten

meters, from the seabed.

(2)(i) Anchoring or otherwise mooring within the Sanctuary a vessel

greater than 100 feet (30.48 meters) in registered length.

(ii) Anchoring a vessel of less than or equal to 100 feet (30.48

meters) in registered length within an area of the Sanctuary where a

mooring buoy is available.

(iii) Anchoring a vessel within the Sanctuary using more than

fifteen feet (4.57 meters) of chain or wire rope attached to the

anchor.

(iv) Anchoring a vessel within the Sanctuary using anchor lines

(exclusive of the anchor chain or wire rope permitted by paragraph

(a)(4) of this section) other than those of a soft fiber or nylon,

polypropylene, or similar material.

(3)(i) Discharging or depositing, from within the boundaries of the

Sanctuary, any material or other matter except:

(A) Fish, fish parts, chumming materials or bait used in or

resulting from fishing with conventional hook and line gear in the

Sanctuary;

(B) Biodegradable effluents incidental to vessel use and generated

by marine sanitation devices approved in accordance with section 312 of

the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1322;

water, deck wash down, and graywater as defined by section 312 of the

Federal Water Pollution Control Act, as amended, 33 U.S.C. 1322)

excluding oily wastes from bilge pumping;

(D) Engine exhaust; or

(E) In areas of the Sanctuary outside the no-activity zones,

drilling cuttings and drilling fluids necessarily discharged incidental

to the exploration for, development of, or production of oil or gas in

those areas and in accordance with the shunting requirements of

paragraph (a)(1) unless such discharge injures a Sanctuary resource or

quality.

(ii) Discharging or depositing, from beyond the boundaries of the

Sanctuary, any material or other matter, except those listed in

paragraphs (a)(3)(i) (A) through (D) of this section, that subsequently

enters the Sanctuary and injures a Sanctuary resource or quality.

(4) Drilling into, dredging or otherwise altering the seabed of the

Sanctuary (except by anchoring); or constructing, placing or abandoning

any structure, material or other matter on the seabed of the Sanctuary.

(5) Injuring or removing, or attempting to injure or remove, any

coral or other bottom formation, coralline algae or other plant, marine

invertebrate, brine-seep biota or carbonate rock within the Sanctuary.

(6) Taking any marine mammal or turtle within the Sanctuary, except

as permitted by regulations, as amended, promulgated under the Marine

Mammal

[[Page 66889]]

Protection Act, as amended, 16 U.S.C. 1361 et seq., and the Endangered

Species Act, as amended, 16 U.S.C. 1531 et seq.

(7) Injuring, catching, harvesting, collecting or feeding, or

attempting to injure, catch, harvest, collect or feed, any fish within

the Sanctuary by use of bottom longlines, traps, nets, bottom trawls or

any other gear, device, equipment or means except by use of

conventional hook and line gear.

(8) Possessing within the Sanctuary (regardless of where collected,

caught, harvested or removed), except for valid law enforcement

purposes, any carbonate rock, coral or other bottom formation,

coralline algae or other plant, marine invertebrate, brine-seep biota

or fish (except for fish caught by use of conventional hook and line

gear).

(9) Possessing or using within the Sanctuary, except possessing

while passing without interruption through it or for valid law

enforcement purposes, any fishing gear, device, equipment or means

except conventional hook and line gear.

(10) Possessing, except for valid law enforcement purposes, or

using explosives or releasing electrical charges within the Sanctuary.

(b) If any valid regulation issued by any Federal authority of

competent jurisdiction, regardless of when issued, conflicts with a

Sanctuary regulation, the regulation deemed by the Director as more

protective of Sanctuary resources and qualities shall govern.

and (10) of this section do not apply to necessary activities conducted

in areas of the Sanctuary outside the no-activity zones and incidental

to exploration for, development of, or production of oil or gas in

those areas.

(d) The prohibitions in paragraphs (a)(2) through (10) of this

section do not apply to activities necessary to respond to emergencies

threatening life, property, or the environment.

(e)(1) The prohibitions in paragraphs (a)(2) through (10) of this

section do not apply to activities being carried out by the Department

of Defense as of the effective date of Sanctuary designation (January

18, 1994). Such activities shall be carried out in a manner that

minimizes any adverse impact on Sanctuary resources and qualities. The

prohibitions in paragraphs (a)(2) through (10) of this section do not

apply to any new activities carried out by the Department of Defense

that do not have the potential for any significant adverse impacts on

Sanctuary resources or qualities. Such activities shall be carried out

in a manner that minimizes any adverse impact on Sanctuary resources

and qualities. New activities with the potential for significant

adverse impacts on Sanctuary resources or qualities may be exempted

from the prohibitions in paragraphs (a)(2) through (10) of this section

by the Director after consultation between the Director and the

Department of Defense. If it is determined that an activity may be

carried out, such activity shall be carried out in a manner that

minimizes any adverse impact on Sanctuary resources and qualities.

(2) In the event of threatened or actual destruction of, loss of,

or injury to a Sanctuary resource or quality resulting from an untoward

incident, including but not limited to spills and groundings, caused by

a component of the Department of Defense, the cognizant component shall

promptly coordinate with the Director for the purpose of taking

appropriate actions to respond to and mitigate the harm and, if

possible, restore or replace the Sanctuary resource or quality.

(f) The prohibitions in paragraphs (a)(2) through (10) of this

section do not apply to any activity executed in accordance with the

scope, purpose, terms, and conditions of a National Marine Sanctuary

permit issued pursuant to Sec. 922.48 and Sec. 922.123 or a Special Use

permit issued pursuant to section 310 of the Act.

(g) The prohibitions in paragraphs (a)(2) through (10) of this

section do not apply to any activity authorized by any lease, permit,

license, approval or other authorization issued after January 18, 1994,

provided that the applicant complies with Sec. 922.49, the Director

notifies the applicant and authorizing agency that he or she does not

object to issuance of the authorization, and the applicant complies

with any terms and conditions the Director deems necessary to protect

Sanctuary resources and qualities.

(h) Notwithstanding paragraphs (f) and (g) of this section, in no

event may the Director issue a National Marine Sanctuary permit under

Sec. 922.48 and Sec. 922.123 or a Special Use permit under section 10

of the Act authorizing, or otherwise approve, the exploration for,

development of, or production of oil, gas or minerals in a no-activity

zone. Any leases, permits, approvals, or other authorizations

authorizing the exploration for, development of, or production of oil,

gas or minerals in a no-activity zone and issued after the January 18,

1994 shall be invalid.

Sec. 922.123 Permit procedures and criteria.

(a) A person may conduct an activity prohibited by

Sec. 922.122(a)(2) through (10) if conducted in accordance with the

scope, purpose, terms, and conditions of a permit issued under this

section and Sec. 922.48.

(b) Applications for such permits should be addressed to the

Director, Office of Ocean and Coastal Resource Management; ATTN:

Manager, Flower Garden Banks National Marine Sanctuary, 1716 Briarcrest

Drive, Suite 702, Bryan, TX 77802.

subject to such terms and conditions as he or she deems appropriate, to

conduct an activity prohibited by Sec. 922.122(a)(2) through (10), if

the Director finds that the activity will: further research related to

Sanctuary resources; further the educational, natural or historical

resource value of the Sanctuary; further salvage or recovery operations

in or near the Sanctuary in connection with a recent air or marine

casualty; or assist in managing the Sanctuary. In deciding whether to

issue a permit, the Director shall consider such factors as: the

professional qualifications and financial ability of the applicant as

related to the proposed activity; the duration of the activity and the

duration of its effects; the appropriateness of the methods and

procedures proposed by the applicant for the conduct of the activity;

the extent to which the conduct of the activity may diminish or enhance

Sanctuary resources and qualities; the cumulative effects of the

activity; and the end value of the activity. In addition, the Director

may consider such other factors as he or she deems appropriate.

(d) It shall be a condition of any permit issued that the permit or

a copy thereof be displayed on board all vessels or aircraft used in

the conduct of the activity.

(e) The Director may, inter alia, make it a condition of any permit

issued that any information obtained under the permit be made available

to the public.

(f) The Director may, inter alia, make it a condition of any permit

issued that a NOAA official be allowed to observe any activity

conducted under the permit and/or that the permit holder submit one or

more reports on the status, progress, or results of any activity

authorized by the permit.

Appendix A to Subpart L of Part 922--Flower Garden Banks National

Marine Sanctuary Boundary Coordinates

The boundary coordinates are based on geographic positions of the

North American Datum of 1927 (NAD 27).

[[Page 66890]]

----------------------------------------------------------------------------------------------------------------

Point No. Latitude Longitude

----------------------------------------------------------------------------------------------------------------

East Flower Garden Bank

E-1...................................... 27 deg.52'52.13'' 93 deg.37'40.52''

E-2...................................... 27 deg.53'33.81'' 93 deg.38'22.33''

E-3...................................... 27 deg.55'13.31'' 93 deg.38'39.07''

E-4...................................... 27 deg.57'30.14'' 93 deg.38'32.26''

E-5...................................... 27 deg.58'27.79'' 93 deg.37'42.93''

E-6...................................... 27 deg.59'00.29'' 93 deg.35'29.56''

E-7...................................... 27 deg.58'59.23'' 93 deg.35'09.91''

E-8...................................... 27 deg.55'20.23'' 93 deg.34'13.75''

E-9...................................... 27 deg.54'03.35'' 93 deg.34'18.42''

E-10..................................... 27 deg.53'25.95'' 93 deg.35'03.79''

E-11..................................... 27 deg.52'51.14'' 93 deg.36'57.59''

West Flower Garden Bank

W-1...................................... 27 deg.49'09.24'' 93 deg.50'43.35''

W-2...................................... 27 deg.50'10.23'' 93 deg.52'07.96''

W-3...................................... 27 deg.51'13.14'' 93 deg.52'50.68''

W-4...................................... 27 deg.51'31.24'' 93 deg.52'49.79''

W-5...................................... 27 deg.52'49.55'' 93 deg.52'21.89''

W-6...................................... 27 deg.54'59.08'' 93 deg.49'41.87''

W-7...................................... 27 deg.54'57.08'' 93 deg.48'38.52''

W-8...................................... 27 deg.54'33.46'' 93 deg.47'10.36''

W-9...................................... 27 deg.54'13.51'' 93 deg.46'48.96''

W-10..................................... 27 deg.53'7.67'' 93 deg.46'50.67''

W-11..................................... 27 deg.52'56.44'' 93 deg.47'14.10''

W-12..................................... 27 deg.50'38.31'' 93 deg.47'22.86''

W-13..................................... 27 deg.49'11.23'' 93 deg.48'42.59''

----------------------------------------------------------------------------------------------------------------

Appendix B to Subpart L of Part 922--Coordinates for the Department

of the Interior Topographic Lease Stipulations for OCS Lease Sale

112

East Flower Garden Bank

Block A-366

SE\1/4\, SW\1/4\; S\1/2\, NE\1/4\, SE\1/4\; SE\1/4\, NW\1/4\, SE\1/

4\; S\1/2\, SE\1/4\;

Block A-367

W\1/2\, NW\1/4\, SW\1/4\; SW\1/4\, W\1/4\, SW\1/4\.

Block A-374

W\1/2\, NW\1/4\, NW\1/4\; W\1/2\, SW\1/4\, NW\1/4\; SE\1/4\, SW\1/

4\, NW\1/4\; SW\1/4\, NE\1/4\, SW\1/4\; W\1/2\, SW\1/4\; W\1/2\, SE\1/

4\, SW\1/4\; SE\1/4\, SE\1/4\, SW\1/4\.

Block A-375

E\1/2\; E\1/2\, NW\1/4\, NW\1/4\, SW\1/4\, NW\1/4\, NW\1/4\; E\1/

2\, SW\1/4\, NW\1/4\; NW\1/4\, SW\1/4\, NW\1/4\, SW\1/4\;

Block A-388

NE\1/4\; E\1/2\, NW\1/4\; E\1/2\, NW\1/4\, NW\1/4\; NE\1/4\, SW\1/

4\, NW\1/4\; E\1/2\, SW\1/4\; E\1/2\, NE\1/4\, SW\1/4\; NW\1/4\, NE\1/

4\, SW\1/4\; NE\1/4\, NW\1/4\, SW\1/4\; NE\1/4\, SE\1/4\, SW\1/4\;

NE\1/4\; NE\1/4\, SE\1/4\; W\1/2\, NE\1/4\, SE\1/4\; NW\1/4\, SE\1/4\;

NE\1/4\, SW\1/4\, SE\1/4\;

Block A-389

NE\1/4\, NW\1/4\; NW\1/4\, NW\1/4\; SW\1/4\, NW\1/4\; NE\1/4\,

SE\1/4\, NW\1/4\; W\1/2\, SE\1/4\, NW\1/4\; N\1/2\, NW\1/4\, SW\1/4\.

West Flower Garden Bank

Block A-383

E\1/2\, SE\1/4\, SE\1/4\; SW\1/2\, SE\1/4\, SE\1/4\.

Block A-384

W\1/2\, SW\1/4\, NE\1/4\; SE\1/4\, SW\1/4\, NE\1/4\; S\1/2\, SE\1/

4\, NE\1/4\; SE\1/4\, NW\1/4\; E\1/2\, SW\1/4\; E\1/2\, NW\1/4\, SW\1/

4\; SW\1/4\, NW\1/4\, SW\1/4\; SW\1/4\, SW\1/4\; SE\1/4\.

Block A-385

SW\1/4\, SW\1/4\, NW\1/4\; N\1/4\, SW\1/4\; NW\1/4\, SW\1/4\, SW\1/

4\.

Block A-397

W\1/2\, W\1/2\, NW\1/4\; W\1/2\, NW\1/4\, SW\1/4\; NW\1/4\, SW\1/

4\, SW\1/4\.

Block A-398

Entire block

Block A-399

E\1/2\; SE\1/4\, NE\1/4\, NW\1/4\; E\1/2\, SE\1/4\, NW\1/4\; E\1/

2\, NE\1/4\, SW\1/4\; SW\1/4\, NE\1/4\, SW\1/4\; NE\1/4\, SE\1/4\,

SW\1/4\.

Block A-401

NE\1/4\, NE\1/4\; N\1/2\, NW\1/4\, NE\1/4\; NE\1/4\, SE\1/4\, NE\1/

4\.

Block A-Block 134

That portion of the block north of a line connecting points 17 and

18, defined under the universal transverse mercator grid system as

follows: Point 17; X=1,378,080.00'; Y=10,096,183.00'; Point 18:

X=1,376,079.41'; Y=10,096,183.00'; Block A-135

That portion of the block northwest of a line connecting points 16

and 17, defined under the universal transverse mercator grid system as

follows: Point 16: X=1,383,293.84'; Y=10,103,281.93'; Point 17:

X=1,378,080.00'; Y=10,096,183.00'.

Subpart M--Monterey Bay National Marine Sanctuary

Sec. 922.130 Boundary.

(a) The Monterey Bay National Marine Sanctuary (Sanctuary) consists

of an area of approximately 4,024 square nautical miles of coastal and

ocean waters, and the submerged lands thereunder, in and surrounding

Monterey Bay, off the central coast of California.

(b) The northern terminus of the boundary is located along the

southern boundary of the Point Reyes-Farallon Islands National Marine

Sanctuary (PRNMS) and runs westward to approximately 123 deg.07'W. The

boundary then extends south in an arc which generally follows the 500

fathom isobath. At approximately 37 deg.03'N, the boundary arcs south

to 122 deg.25'W, 36 deg.10'N, due west of Partington Point. The

boundary again follows the 500 fathom isobath south to 121 deg.41'W,

35 deg.33'N, due west of Cambria. The boundary then extends shoreward

towards the mean high-water line. The landward boundary is defined by

the mean high-water line between the PRNMS and Cambria, exclusive of a

small area off the north coast of San Mateo County and the City and

County of San Francisco between Point Bonita and Point San Pedro.

Pillar Point, Santa Cruz, Moss Landing and Monterey harbors are

excluded from the Sanctuary boundary shoreward from their respective

International Collision at Sea regulation (Colreg.) demarcation lines

except for Moss Landing Harbor, where all of Elkhorn Slough east of the

Highway One bridge is included within the Sanctuary boundary. The

boundary coordinates are listed in appendix A to this subpart.

Sec. 922.131 Definitions.

In addition to those definitions found at Sec. 922.3, the following

definitions apply to this subpart:

Federal Project means any water resources development project

conducted by the U.S. Army Corps of Engineers or operating under a

permit or other authorization issued by the Corps of Engineers and

authorized by Federal law.

Motorized personal water craft means any motorized vessel that is

less than fifteen feet in length as manufactured, is capable of

exceeding a speed of fifteen knots, and has the capacity to carry not

more than the operator and one other person while in operation. The

term includes, but is not limited to, jet skis, wet bikes, surf jets,

miniature speed boats, air boats, and hovercraft.

Sec. 922.132 Prohibited or otherwise regulated activities.

(a) Except as specified in paragraphs (b) through (f) of this

section, the following activities are prohibited and thus are unlawful

for any person to conduct or to cause to be conducted:

(1) Exploring for, developing or producing oil, gas or minerals

within the Sanctuary.

(2)(i) Discharging or depositing, from within the boundary of the

Sanctuary, any material or other matter except:

(A) Fish, fish parts, chumming materials or bait used in or

resulting from traditional fishing operations in the Sanctuary;

(B) Biodegradable effluent incidental to vessel use and generated

by marine sanitation devices approved in accordance with section 312 of

the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C.

1322 et seq.;

water, deck wash down and graywater as defined by section 312 of the

FWPCA) excluding oily wastes from bilge pumping;

(D) Engine exhaust; or

(E) Dredged material deposited at disposal sites authorized by the

U.S. Environmental Protection Agency (EPA) (in consultation with the

U.S. Army Corps of Engineers (COE)) prior to the effective date of

Sanctuary designation

[[Page 66891]]

(January 1, 1993), provided that the activity is pursuant to, and

complies with the terms and conditions of, a valid Federal permit or

approval existing on January 1, 1993.

(ii) 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, except those

listed in paragraphs (a)(2)(i) (A) through (D) of this section and

dredged material deposited at the authorized disposal sites described

in appendix B to this subpart, provided that the dredged material

disposal is pursuant to, and complies with the terms and conditions of,

a valid Federal permit or approval.

(3) Moving, removing or injuring, or attempting to move, remove or

injure, a Sanctuary historical resource. This prohibition does not

apply to moving, removing or injury resulting incidentally from kelp

harvesting, aquaculture or traditional fishing operations.

(4) Drilling into, dredging or otherwise altering the seabed of the

Sanctuary; or constructing, placing or abandoning any structure,

material or other matter on the seabed of the Sanctuary, except as an

incidental result of:

(i) Anchoring vessels;

(ii) Aquaculture, kelp harvesting or traditional fishing

operations;

(iii) Installation of navigation aids;

(iv) Harbor maintenance in the areas necessarily associated with

Federal Projects in existence on January 1, 1993, including dredging of

entrance channels and repair, replacement or rehabilitation of

breakwaters and jetties; or

(v) Construction, repair, replacement or rehabilitation of docks or

piers.

(5) Taking any marine mammal, sea turtle or seabird in or above the

Sanctuary, except as permitted by regulations, as amended, promulgated

under the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C.

1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C.

1531 et seq., and the Migratory Bird Treaty Act, as amended, (MBTA), 16

U.S.C. 703 et seq.

(6) Flying motorized aircraft, except as necessary for valid law

enforcement purposes, at less than 1000 feet above any of the four

zones within the Sanctuary described in appendix C to this subpart.

(7) Operating motorized personal water craft within the Sanctuary

except within the four designated zones and access routes within the

Sanctuary described in appendix D to this subpart.

(8) Possessing within the Sanctuary (regardless of where taken,

moved or removed from), except as necessary for valid law enforcement

purposes, any historical resource, or any marine mammal, sea turtle or

seabird taken in violation of regulations, as amended, promulgated

under the MMPA, ESA or MBTA.

(9) Interfering with, obstructing, delaying or preventing an

investigation, search, seizure or disposition of seized property in

connection with enforcement of the Act or any regulation or permit

issued under the Act.

(b) The prohibitions in paragraphs (a)(2) through (9) of this

section do not apply to activities necessary to respond to emergencies

threatening life, property or the environment.

in a manner that avoids to the maximum extent practicable any adverse

impacts on Sanctuary resources and qualities. The prohibitions in

paragraphs (a)(2) through (9) of this section do not apply to existing

military activities carried out by the Department of Defense, as

specifically identified in the Final environmental Impact Statement and

Management Plan for the Proposed Monterey Bay National Marine Sanctuary

(NOAA, 1992). (Copies of the FEIS/MP are available from the Monterey

Bay National Marine Sanctuary, 299 Foam Street, Suite D, Monterey, CA

93940). New activities may be exempted from the prohibitions in

paragraphs (a)(2) through (9) of this section by the Director after

consultation between the Director and the Department of Defense.

(2) In the event of threatened or actual destruction of, loss of,

or injury to a Sanctuary resource or quality resulting from an untoward

incident, including but not limited to spills and groundings, caused by

the Department of Defense, the cognizant component shall promptly

coordinate with the Director for the purpose of taking appropriate

actions to respond to and mitigate the harm and, if possible, restore

or replace the Sanctuary resource or quality.

(d) The prohibitions in paragraphs (a) (2) through (8) of this

section do not apply to any activity executed in accordance with the

scope, purpose, terms and conditions of a National Marine Sanctuary

permit issued pursuant to Sec. 922.48 and Sec. 922.133 or a Special Use

permit issued pursuant to section 310 of the Act.

(e) The prohibitions in paragraphs (a) (2) through (8) of this

section do not apply to any activity authorized by any lease, permit,

license, approval or other authorization issued after January 1, 1993

and issued by any Federal, State or local authority of competent

jurisdiction, provided that the applicant complies with Sec. 922.49,

the Director notifies the applicant and authorizing agency that he or

she does not object to issuance of the authorization, and the applicant

complies with any terms and conditions the Director deems necessary to

protect Sanctuary resources and qualities. Amendments, renewals and

extensions of authorizations in existence on the effective date of

designation constitute authorizations issued after the effective date.

(f) Notwithstanding paragraphs (d) and (e) of this section, in no

event may the Director issue a National Marine Sanctuary permit under

Sec. 922.48 and Sec. 922.133 or a Special Use permit under section 310

of the Act authorizing, or otherwise approve: the exploration for,

development or production of oil, gas or minerals within the Sanctuary;

the discharge of primary-treated sewage within the Sanctuary (except by

certification, pursuant to Sec. 922.47, of valid authorizations in

existence on January 1, 1993 and issued by other authorities of

competent jurisdiction); or the disposal of dredged material within the

Sanctuary other than at sites authorized by EPA (in consultation with

COE) prior to January 1, 1993. Any purported authorizations issued by

other authorities after January 1, 1993 for any of these activities

within the Sanctuary shall be invalid.

Sec. 922.113 Permit procedures and criteria.

(a) A person may conduct an activity prohibited by Sec. 922.132

(a)(2) through (8) if conducted in accordance with the scope, purpose,

terms and conditions of a permit issued under this section and

Sec. 922.48.

(b) Applications for such permits should be addressed to the

Director, Office of Ocean and Coastal Resource Management; ATTN:

Manager, Monterey Bay National Marine Sanctuary, 299 Foam Street, Suite

D, Monterey, CA 93940.

subject to such terms and conditions as he or she deems appropriate, to

conduct an activity prohibited by Sec. 922.132 (a)(2) through (8) if

the Director finds that the activity will have only negligible short-

term adverse effects on Sanctuary resources and qualities and will:

Further research related to Sanctuary resources and qualities; further

the educational, natural or historical resource value of the Sanctuary;

further salvage or recovery operations in or near the Sanctuary in

connection with a recent air or marine casualty; assist in

[[Page 66892]]

managing the Sanctuary; or further salvage or recovery operations in

connection with an abandoned shipwreck in the Sanctuary title to which

is held by the State of California. In deciding whether to issue a

permit, the Director shall consider such factors as: the professional

qualifications and financial ability of the applicant as related to the

proposed activity; the duration of the activity and the duration of its

effects; the appropriateness of the methods and procedures proposed by

the applicant for the conduct of the activity; the extent to which the

conduct of the activity may diminish or enhance Sanctuary resources and

qualities; the cumulative effects of the activity; and the end value of

the activity. In addition, the Director may consider such other factors

as he or she deems appropriate.

(d) It shall be a condition of any permit issued that the permit or

a copy thereof be displayed on board all vessels or aircraft used in

the conduct of the activity.

(e) The Director may, inter alia, make it a condition of any permit

issued that any data or information obtained under the permit be made

available to the public.

(f) The Director may, inter alia, make it a condition of any permit

issued that a NOAA official be allowed to observe any activity

conducted under the permit and/or that the permit holder submit one or

more reports on the status, progress or results of any activity

authorized by the permit.

Sec. 922.134 Notification and review.

(a) The authority granted the Director under Sec. 922.49 to object

to or impose terms or conditions on the exercise of any valid lease,

permit, license, approval or other authorization issued after January

1, 1993 may not be delegated or otherwise assigned to other Federal

officials below the Director's level.

(b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with

the State of California, EPA and the Association of Monterey Bay Area

Governments regarding the Sanctuary regulations relating to water

quality within State waters within the Sanctuary. With regard to

permits, the MOA encompasses:

(i) National Pollutant Discharge Elimination System (NPDES) permits

issued by the State of California under Sec. 13377 of the California

Water Code; and

(ii) Waste Discharge Requirements issued by the State of California

under Sec. 13263 of the California Water Code.

(2) The MOA specifies how the process of Sec. 922.49 will be

administered within State waters within the Sanctuary in coordination

with the State permit program.

Appendix A to Subpart M of Part 922--Monterey Bay National Marine

Sanctuary Boundary Coordinates

[Appendix based on North American datum of 1983.]

------------------------------------------------------------------------

Point Latitude Longitude

------------------------------------------------------------------------

1................................. 37 deg.52'56.0905

5'' 122 deg.37'39.125

64''

2................................. 37 deg.39'59.0617

6'' 122 deg.45' 3.793

07''

3................................. 37 deg.36'58.3916

4'' 122 deg.46' 9.738

71''

4................................. 37 deg.34'17.3022

4'' 122 deg.48'14.381

41''

5................................. 37 deg.31'47.5564

9'' 122 deg.51'35.567

69''

6................................. 37 deg.30'34.1103

0'' 122 deg.54'22.121

70''

7................................. 37 deg.29'39.0586

6'' 123 deg.00'27.707

92''

8................................. 37 deg.30'29.4760

3'' 123 deg.05'46.227

67''

9................................. 37 deg.31'17.6694

5'' 123 deg.07'47.633

63''

10................................ 37 deg.27'10.9359

4'' 123 deg.08'24.322

10''

11................................ 37 deg.20'35.3749

1'' 123 deg.07'54.127

63''

12................................ 37 deg.13'50.2180

5'' 123 deg.06'15.506

00''

13................................ 37 deg.07'48.7681

0'' 123 deg.01'43.109

94''

14................................ 37 deg.03'46.6099

9'' 122 deg.54'45.395

13''

15................................ 37 deg.02'06.3095

5'' 122 deg.46'35.021

25''

16................................ 36 deg.55'17.5678

2'' 122 deg.48'21.411

21''

17................................ 36 deg.48'22.7424

4'' 122 deg.48'56.290

07''

18................................ 36 deg.41'30.9151

6'' 122 deg.48'19.407

39''

19................................ 36 deg.34'45.7607

0'' 122 deg.46'26.967

72''

20................................ 36 deg.28'24.1807

6'' 122 deg.43'32.435

27''

21................................ 36 deg.22'20.7031

2'' 122 deg.39'28.420

26''

22................................ 36 deg.16'43.9358

8'' 122 deg.34'26.772

55''

23................................ 36 deg.11'44.5383

8'' 122 deg.28'37.161

41''

24................................ 36 deg.07'26.8898

8'' 122 deg.21'54.975

41''

25................................ 36 deg.04'07.0889

8'' 122 deg.14'39.759

24''

26................................ 36 deg.01'28.2223

3'' 122 deg.07'00.190

68''

27................................ 35 deg.59'45.4638

1'' 121 deg.58'56.361

89''

28................................ 35 deg.58'59.1217

0'' 121 deg.50'26.479

31''

29................................ 35 deg.58'53.6386

6'' 121 deg.45'22.823

63''

30................................ 35 deg.55'45.6062

3'' 121 deg.42'40.285

40''

31................................ 35 deg.50'15.8425

6'' 121 deg.43'09.201

93''

32................................ 35 deg.43'14.2669

0'' 121 deg.42'43.791

21''

33................................ 35 deg.35'41.8863

5'' 121 deg.41'25.074

14''

34................................ 35 deg.33'11.7599

9'' 121 deg.37'49.741

92''

35................................ 35 deg.33'17.4586

9'' 121 deg.05'52.898

91''

36................................ 37 deg.35'39.7318

0'' 122 deg.31'14.960

33''

37................................ 37 deg.36'49.2173

9'' 122 deg.37'00.225

77''

38................................ 37 deg.46'00.9898

3'' 122 deg.39'00.404

66''

39................................ 37 deg.49'05.6908

0'' 122 deg.31'46.305

42''

------------------------------------------------------------------------

[[Page 66893]]

Appendix B to Subpart M of Part 922--Dredged Material Disposal

Sites Adjacent to the Monterey Bay National Marine Sanctuary

(Appendix based on North American Datum of 1983.)

As of January 1, 1993, the U.S. Army Corps of Engineers operates

the following dredged material disposal site adjacent to the Sanctuary

off of the Golden Gate:

------------------------------------------------------------------------

Point Latitude Longitude

------------------------------------------------------------------------

1................................. 37 deg.45.875' 122 deg.34.140'

2................................. 37 deg.44.978' 122 deg.37.369'

3................................. 37 deg.44.491' 122 deg.37.159'

4................................. 37 deg.45.406' 122 deg.33.889'

5................................. 37 deg.45.875' 122 deg.34.140'

------------------------------------------------------------------------

In addition, the U.S. Environmental Protection Agency, as of

January 1, 1993, is (in consultation with the U.S. Army Corps of

Engineers) in the process of establishing a dredged material disposal

site outside the northern boundary of the Monterey Bay National Marine

Sanctuary and within one of three study areas described in 57 FR 43310,

Sept. 18, 1992. When that disposal site is authorized, this appendix

will be updated to incorporate its precise location.

Appendix C to Subpart M of Part 992--Zones Within the Sanctuary

Where Overflights Below 1000 Feet Are Prohibited

The four zones are:

(1) From mean high water out to three nautical miles (NM) between a

line extending from Point Santa Cruz on a southwesterly heading of

220 deg. and a line extending from 2.0 NM north of Pescadero Point on a

southwesterly heading of 240 deg.;

(2) From mean high water out to three NM between a line extending

from the Carmel River mouth on a westerly heading of 270 deg. and a

line extending due west along latitude 35 deg. 33'17.5612'' off of

Cambria;

(3) From mean high water and within a five NM arc drawn from a

center point at the end of Moss Landing Pier; and

(4) Over the waters of Elkhorn Slough east of the Highway On bridge

to Elkhorn Road.

Appendix D to Subpart M of Part 922--Zones and Access Routes Within

the Sancturary Where the Operation of Motorized Personal Watercraft

Is Allowed

The four zones and access routes are:

(1) The approximately one [1.0] NM \2\ area off Pillar Point Harbor

from launch ramp (37 deg.30' N, 122 deg.29' W) through harbor entrance

to the northern boundary of Zone One bounded by (a) 37 deg.29.6'

(breakwater buoy), 122 deg.29' W; (b) 37 deg.28.8' N (bell buoy),

122 deg.28.9' W; (c) 37 deg.28.8' N, 122 deg.28' W; and (d)

37 deg.29.6' N, 122 deg.28' W.

(2) The approximately three [3.0] NM \2\ area off of Santa Cruz

Small Craft Harbor ramp from 36 deg.57.4' N along a 100 yard wide

access route due south along 122 deg. W to the northern boundary of

Zone Two (marked by the whistle buoy at 10 fathom curve) bounded by (a)

36 deg.55' N, 122 deg.02' W; (b) 36 deg.55' N, 121 deg.58' W; (c)

36 deg.56.5' N, 121 deg.58' W; and (d) 36 deg.56.5' N, 122 deg.02' W;

(3) The approximately five [5.0] NM \2\ area off of Moss Landing

Harbor/Elkhorn Yacht Club Launch Ramp from 36 deg.48.5' N along a 100

yard wide access route due west along harbor entrance to the eastern

boundary of Zone Three bounded by (a) 36 deg.50' N, 121 deg.49.3' W;

(b) 36 deg.50' N, 121 deg.50.8' W; (c) 36 deg.46.7' N, 121 deg.50.8' W;

(d) 36 deg.46.7' N, 121 deg.49' W; (e) 36 deg.47.8' N, 121 deg.48.2' W;

and (f) 36 deg.48.9' N, 121 deg.48.2' W; and

(4) The approximately five [5.0] NM\2\ area off of the U.S. Coast

Guard Pier (Monterey Harbor) Launch Ramp from 36 deg.36.5' N,

121 deg.53.5' W along a 100 yard wide access route due north to the

southern boundary of Zone Four bounded by (a) 36 deg.38.7' N,

121 deg.55.4' W; (b) 36 deg.36.9' N, 121 deg.52.5' W; (c) 36 deg.38.3'

N, 121 deg.51.3' W; and (d) 36 deg.40' N, 121 deg.54.4' W.

Subpart N--Stellwagen Bank National Marine Sanctuary

Sec. 922.140 Boundary.

(a) The Stellwagen Bank National Marine Sanctuary (Sanctuary)

consists of an area of approximately 638 square nautical miles (NM) of

Federal marine waters and the submerged lands thereunder, over and

around Stellwagen Bank and other submerged features off the coast of

Massachusetts. The boundary encompasses the entirety of Stellwagen

Bank; Tillies Bank, to the northeast of Stellwagen Bank; and portions

of Jeffreys Ledge, to the north of Stellwagen Bank.

(b) The Sanctuary boundary is identified by the following

coordinates, indicating the most northeast, southeast, southwest, west-

northwest, and north-northwest points:

42 deg.45'59.83''N x 70 deg.13'01.77''W (NE);

42 deg.05'35.51''N x 70 deg.02'08.14''W (SE);

42 deg.07'44.89''W x 70 deg.28'15.44''W (SW);

42 deg.32'53.52''N x 70 deg.35'52.38''W (WNW); and

42 deg.39'04.08''N x 70 deg.30'11.29''W (NNW). The western border is

formed by a straight line connecting the most southwest and the west-

northwest points of the Sanctuary. At the most west-northwest point,

the Sanctuary border follows a line contiguous with the three-mile

jurisdictional boundary of Massachusetts to the most north-northwest

point. From this point, the northern border is formed by a straight

line connecting the most north-northwest point and the most northeast

point. The eastern border is formed by a straight line connecting the

most northeast and the most southeast points of the Sanctuary. The

southern border follows a straight line between the most southwest

point and a point located at 42 deg.06'54.57''N x 70 deg.16'42.7'' W.

From that point, the southern border then continues in a west-to-east

direction along a line contiguous with the three-mile jurisdictional

boundary of Massachusetts until reaching the most southeast point of

the Sanctuary. The boundary coordinates are listed in appendix A to

this subpart.

Sec. 922.141 Definitions.

In addition to those definitions found at Sec. 922.3, the following

definitions apply to this subpart:

Industrial material means mineral, as defined in Sec. 922.3.

Traditional fishing means those commercial or recreational fishing

methods which have been conducted in the past within the Sanctuary.

[[Page 66894]]

Sec. 922.142 Prohibited or otherwise regulated activities.

(a) Except as specified in paragraphs (b) through (f) of this

section, the following activities are prohibited and thus are unlawful

for any person to conduct or to cause to be conducted:

(1)(i) Discharging or depositing, from within the boundary of the

Sanctuary, any material or other matter except:

(A) Fish, fish parts, chumming materials or bait used in or

resulting from traditional fishing operations in the Sanctuary;

(B) Biodegradable effluent incidental to vessel use and generated

by marine sanitation devices approved in accordance with section 312 of

the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C.

1322 et seq.;

water, deck wash down and graywater as defined by section 312 of the

FWPCA) excluding oily wastes from bilge pumping; or

(D) Engine exhaust.

(ii) Discharging or depositing, from beyond the boundary of the

Sanctuary, any material or other matter, except those listed in

paragraphs (a)(1)(l) (A) through (D) of this section, that subsequently

enters the Sanctuary and injures a Sanctuary resource or quality.

(2) Exploring for, developing or producing industrial materials

within the Sanctuary.

(3) Drilling into, dredging or otherwise altering the seabed of the

Sanctuary; or constructing, placing or abandoning any structure,

material or other matter on the seabed of the Sanctuary, except as an

incidental result of:

(i) Anchoring vessels;

(ii) Traditional fishing operations; or

(iii) Installation of navigation aids.

(4) Moving, removing or injuring, or attempting to move, remove or

injure, a Sanctuary historical resource. This prohibition does not

apply to moving, removing or injury resulting incidentally from

traditional fishing operations.

(5) Taking any marine reptile, marine mammal or seabird in or above

the Sanctuary, except as permitted by the Marine Mammal Protection Act,

as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act,

as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird

Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq.

(6) Lightering in the Sanctuary.

(7) Possessing within the Sanctuary (regardless of where taken,

moved or removed from), except as necessary for valid law enforcement

purposes, any historical resource, or any marine mammal, marine reptile

or seabird taken in violation of the MMPA, ESA or MBTA.

(8) Interfering with, obstructing, delaying or preventing an

investigation, search, seizure or disposition of seized property in

connection with enforcement of the Act or any regulation or permit

issued under the Act.

(b) The prohibitions in paragraphs (a) (1), and (3) through (8) of

this section do not apply to any activity necessary to respond to an

emergency threatening life, property or the environment.

(c)(1)(i) All Department of Defense military activities shall be

carried out in a manner that avoids to the maximum extent practicable

any adverse impacts on Sanctuary resources and qualities.

(ii) Department of Defense military activities may be exempted from

the prohibitions in paragraphs (a)(1) and (3) through (7) of this

section by the Director after consultation between the Director and the

Department of Defense.

(iii) If it is determined that an activity may be carried out, such

activity shall be carried out in a manner that avoids to the maximum

extent practicable any advance impact on Sanctuary resources and

qualities. Civil engineering and other civil works projects conducted

by the U.S. Army Corps of Engineers are excluded from the scope of this

paragraph(c).

(2) In the event of threatened or actual destruction of, loss of,

or injury to a Sanctuary resource or quality resulting from an untoward

incident, including but not limited to spills and groundings caused by

the Department of Defense, the Department of Defense shall promptly

coordinate with the Diretor for the purpose of taking appropriate

actions to respond to and mitigate the harm and, if possible, restore

or replace the Sanctuary resource or quality.

(d) The prohibitions in paragraphs (a) (1) and (3) through (7) of

this section do not apply to any activity executed in accordance with

the scope, purpose, terms and conditions of a National Marine Sanctuary

permit issued pursuant to Sec. 922.48 and Sec. 922.143 or a Special Use

permit issued pursuant to section 310 of the Act.

(e) The prohibitions in paragraphs (a)(1) and (3) through (7) of

this section do not apply any activity authorized by any lease, permit,

license, approval or other authorization issued after the effective

date of Sanctuary designation (November 4, 1992) and issued by any

Federal, State or local authority of competent jurisdiction, provided

that the applicant compiles with Sec. 922.49, the Director notifies the

applicant and authorizing agency that he or she does not object to

issuance of the authorization, and the applicant complies with any

terms and conditions the Director deems necessary to protect Sanctuary

resources and qualifies. Amendments, renewals and extensions of

authorizations in existence on the effective date of designation

constitute authorizations issued after the effective date.

(f) Notwithstanding paragraphs (d) and (e) of this section, in no

event may the Director issue a permit under Sec. 922.48 and

Sec. 922.143, or under section 310 of the act, authorizing, or

otherwise approving, the exploration for, development or production of

industrial materials within the Sanctuary, or the disposal of dredged

materials within the Sanctuary (except by a certification, pursuant to

Sec. 922.47, of valid authorizations in existence on November 4, 1992)

and any leases, licenses, permits, approvals or other authorizations

authorizing the exploration for, development or production of

industrial materials in the Sanctuary issued by other authorities after

November 4, 1992, shall be invalid.

Sec. 922.143 Permit procedures and criteria.

(a) A person may conduct an activity prohibited by Sec. 922.142 (a)

(1) and (3) through (7) if conducted in accordance with scope, purpose,

manner, terms and conditions of a permit issued under this section and

Sec. 922.48.

(b) Applications for such permits should be addressed to the

Director, Office of Ocean and Coastal Resource Management; ATTN:

Manager, Stellwagen Bank National Marine Sanctuary, 14 Union Street,

Plymouth, MA 02360.

subject to such terms and conditions as he or she deems appropriate, to

conduct an activity prohibited by Sec. 922.142(a) (1) and (3) through

(7), if the Director finds that the activity will have only negligible

short-term adverse effects on Sanctuary resources and qualities and

will: further research related to Sanctuary resources and qualities;

further the educational, natural or historical resource value of the

Sanctuary; further salvage or recovery operations in or near the

Sanctuary in connection with a recent air or marine casualty; or assist

in managing the Sanctuary. In deciding whether to issue a permit, the

Director may consider such factors as: the professional qualifications

and financial ability of the applicant as related to the proposed

activity; the duration of the activity and the duration of its effects;

the appropriateness of the methods and procedures proposed by the

applicant

[[Page 66895]]

for the conduct of the activity; the extent to which the conduct of the

activity may diminish or enhance Sanctuary resources and qualities; the

cumulative effects of the activity; and the end value of the activity.

In addition, the Director may consider such other factors as he or she

deems appropriate.

(d) It shall be a condition of any permit issued that the permit or

a copy thereof be displayed on board all vessels or aircraft used in

the conduct of the activity.

(e) The Director may, inter alia, make it a condition of any permit

issued that any data or information obtained under the permit be made

available to the public.

(f) The Director may, inter alia, make it a condition of any permit

issued that a NOAA official be allowed to observe any activity

conducted under the permit an/or that the permit holder submit one or

more reports on the status, progress or results of any activity

authorized by the permit.

Appendix A to Subpart N of Part 922--Stellwagen Bank National

Marine Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------

Loran

Pt. Latitude Longitude -----------------------

9960W 9960X

----------------------------------------------------------------------------------------------------------------

E1................................ 42 deg.45'59.83'' 70 deg.13'01.77'' 13,607.19 25,728.57

E2................................ 42 deg.05'35.51'' 70 deg.02'08.14'' 13,753.39 25,401.78

E3................................ 42 deg.06'8.25'' 70 deg.03'17.55'' 13,756.72 25,412.46

E4................................ 42 deg.06'2.53'' 70 deg.04'03.36'' 13,760.30 25,

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