X95-11227. National Marine Sanctuary Program

[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66875-66897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-11227]

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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other ten Sanctuaries, rather it removes duplicative and outdated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:
hsopher@ocean.nos.noaa.gov.

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

15 CFR 936

15 CFR 938

15 CFR 940

15 CFR 941

Administrative practice and procedure
American Samoa
Coastal zone

[[Page 66877]]

Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 942

15 CFR 943

15 CFR 944

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.
(c) To the extent consistent with the policies set forth in the
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
(c) An agreement between the United States and the flag state of
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.
(c) Only sites on the SEL may be considered for subsequent review
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.
(c) Upon receipt of an application, the Director may request such
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.
(c) Notifications of filings of applications and requests for
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;
(c) Diving of any type, whether by an individual or by a
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.
(c) In considering whether to grant a permit for the conduct of a
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;
(C) Engine exhaust; or
(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.
(c) In considering whether to grant a permit the Director shall
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;
(C) Engine exhaust; or
(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.
(c) In considering whether to grant a permit, the Director shall
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.
(c) Any certification called for in this section shall be presumed
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

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.

[[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.
(C) Using poisons, electric charges, explosives, or similar methods
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.
(c) In considering whether to grant a permit, the Director shall
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).
(C) Possessing or using poisons, electrical charges, explosives, or
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.
(c) In considering whether to grant a permit, the Director shall
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.
(c) Where necessary to prevent immediate, serious, and irreversible
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.
(c) The Director, at his or her discretion, may issue a permit
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;
(C) Water generated by routine vessel operations (e.g., cooling
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.
(c) The prohibitions in paragraphs (a)(2)(i), (iii), and (iv), (4)
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.
(c) 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 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.;
(C) Water generated by routine vessel operations (e.g., cooling
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.
(c) (1) All Department of Defense activities shall be carried out
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.
(c) 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 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:

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.;
(C) Water generated by routine vessel operations (e.g., cooling
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.
(c) 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 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 25,417.53
E5................................ 42 deg.07'02.70'' 70 deg.05'13.61'' 13,764.52 25,427.27
E6................................ 42 deg.07'13.0'' 70 deg.06'23.75'' 13,770.54 25,434.45
E7................................ 42 deg.07'35.95'' 70 deg.07'27.89'' 13,775.08 25,442.51
E8................................ 42 deg.07'42.33'' 70 deg.08'26.07'' 13,780.35 25,448.27
E9................................ 42 deg.07'59.94'' 70 deg.09'19.78'' 13,784.24 25,455.02
E10............................... 42 deg.08'04.95'' 70 deg.10'24.40'' 13,790.27 25,461.28
E11............................... 42 deg.07'55.19'' 70 deg.11'47.67'' 13,799.38 25,467.56
E12............................... 42 deg.07'59.84'' 70 deg.13'03.35'' 13,806.58 25,474.95
E13............................... 42 deg.07'46.55'' 70 deg.14'21.91'' 13,815.52 25,480.62
E14............................... 42 deg.07'27.29'' 70 deg.15'22.95'' 13,823.21 25,484.05
E15............................... 42 deg.06'54.57'' 70 deg.16'42.71'' 13,833.88 25,487.79
E16............................... 42 deg.07'44.89'' 70 deg.28'15.44'' 13,900.14 25,563.22
E17............................... 42 deg.32'53.52'' 70 deg.35'52.38'' 13,821.60 25,773.51
E18............................... 42 deg.33'30.24'' 70 deg.35'14.96'' 13,814.43 25,773.54
E19............................... 42 deg.33'48.14'' 70 deg.35'03.81'' 13,811.68 25,774.28
E20............................... 42 deg.34'30.45'' 70 deg.34'22.98'' 13,803.64 25,774.59
E21............................... 42 deg.34'50.37'' 70 deg.33'21.93'' 13,795.43 25,770.55
E22............................... 42 deg.35'16.08'' 70 deg.32'32.29'' 13,787.92 25,768.31
E23............................... 42 deg.35'41.80'' 70 deg.31'44.20'' 13,780.57 25,766.25
E24............................... 42 deg.36'23.08'' 70 deg.30'58.98'' 13,772.14 25,766.14
E25............................... 42 deg.37'15.51'' 70 deg.30'23.01'' 13,763.69 25,768.12
E26............................... 42 deg.37'58.88'' 70 deg.30'06.60'' 13,758.09 25,771.07
E27............................... 42 deg.38'32.46'' 70 deg.30'06.54'' 13,755.07 25,774.58
E28............................... 42 deg.39'04.08'' 70 deg.30'11.29'' 13,752.75 25,778.35
----------------------------------------------------------------------------------------------------------------

Subpart O--Olympic Coast National Marine Sanctuary

Sec. 922.150 Boundary.

(a) The Olympic Coast National Marine Sanctuary (Sanctuary)
consists of an area of approximately 2500 square nautical miles (NM)
(approximately 8577 sq. kilometers) of coastal and ocean waters, and
the submerged lands thereunder, off the central and northern coast of
the State of Washington.
(b) The Sanctuary boundary extends from Koitlah Point due north to
the United States/Canada international boundary. The Sanctuary boundary
then follows the U.S./Canada international boundary seaward to the 100
fathom isobath. The seaward boundary of the Sanctuary approximates the
100 fathom isobath in a southerly direction from the U.S./Canada
international boundary to a point due west of the mouth of the Copalis
River cutting across the heads of Nitnat, Juan de Fuca and Quinault
Canyons. The coastal boundary of the Sanctuary is the mean higher high
water line when adjacent to Federally managed lands cutting across the
mouths of all rivers and streams, except where adjacent to Indian
reservations, State and county owned lands; in such case, the coastal
boundary is the mean lower low water line. La Push harbor is excluded
from the Sanctuary boundary shoreward of the International Collision at
Sea regulation (Colreg.) demarcation lines. The boundary coordinates
are listed in appendix A to this subpart.

Sec. 922.151 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.
Indian reservation means a tract of land set aside by the Federal
Government for use by a Federally recognized American Indian tribe and
includes, but is not limited to, the Makah, Quileute, Hoh and Quinault
Reservations.
Traditional fishing means fishing using a commercial or
recreational fishing method that has been used in the Sanctuary before
the effective date of Sanctuary designation (July 22, 1994), including
the retrieval of fishing gear.
Treaty means a formal agreement between the United States
Government and an Indian tribe.

Sec. 922.152 Prohibited or otherwise regulated activities.

(a) Except as specified in paragraphs (b) through (g) of this
section, the

[[Page 66896]]
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.;
(C) Water generated by routine vessel operations (e.g., cooling
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) Dredge spoil in connection with beach nourishment projects
related to harbor maintenance activities.
(ii) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter, except those listed in
paragraphs (a)(2)(i) (A) through (E) of this section, that subsequently
enters the Sanctuary and injures a Sanctuary resource or quality.
(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
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) Traditional fishing operations;
(iii) Installation of navigation aids;
(iv) Harbor maintenance in the areas necessarily associated with
Federal Projects in existence on July 22, 1994, including dredging of
entrance channels and repair, replacement or rehabilitation of
breakwaters and jetties;
(v) Construction, repair, replacement or rehabilitation of boat
launches, docks or piers, and associated breakwaters and jetties; or
(vi) Beach nourishment projects related to harbor maintenance
activities.
(5) Taking any marine mammal, sea turtle or seabird in or above the
Sanctuary, except as authorized 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., or pursuant to any
Indian treaty with an Indian tribe to which the United States is a
party, provided that the Indian treaty right is exercised in accordance
with the MMPA, ESA and MBTA, to the extent that they apply.
(6) Flying motorized aircraft at less than 2,000 feet both above
the Sanctuary within one NM of the Flattery Rocks, Quillayute Needles,
or Copalis National Wildlife Refuge, or within one NM seaward from the
coastal boundary of the Sanctuary, except for activities related to
tribal timber operations conducted on reservation lands, or to
transport persons or supplies to or from reservation lands as
authorized by a governing body of an Indian tribe.
(7) Possessing within the Sanctuary (regardless of where taken,
moved or removed from) any historical resource, or any marine mammal,
sea turtle, or seabird taken in violation of the MMPA, ESA or MBTA, to
the extent that they apply.
(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 paragraph (a)(2) through (4), (6) and (7)
of this section do not apply to activities necessary to respond to
emergencies threatening life, property or the environment.
(c) The prohibitions in paragraphs (a)(2) through (4), (6) and (7)
of this section do not apply to activities necessary for valid law
enforcement purposes.
(d)(1) 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.
(i) Except as provided in paragraph (d)(2) of this section, the
prohibitions in paragraphs (a) (2) through (7) of this section do not
apply to the following military activities performed by the Department
of Defense in W-237A, W-237B, and Military Operating Areas Olympic A
and B in the Sanctuary:
(A) Hull integrity tests and other deep water tests;
(B) Live firing of guns, missiles, torpedoes, and chaff;
(C) Activities associated with the Quinault Range including the in-
water testing of non-explosive torpedoes; and
(D) Anti-submarine warfare operations.
(ii) New activities may be exempted from the prohibitions in
paragraphs (a) (2) through (7) 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 avoids to the maximum extent
practicable any adverse 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
(d).
(2) The Department of Defense is prohibited from conducting bombing
activities within the Sanctuary.
(3) 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 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.
(e) The prohibitions in paragraphs (a) (2) 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. 922.153 or a Special Use
permit issued pursuant to section 310 of the Act.
(f) Members of a federally recognized Indian tribe may exercise
aboriginal and treaty-secured rights, subject to the requirements of
other applicable law, without regard to the requirements of this part.
The Director may consult with the governing body of a tribe regarding
ways the tribe may exercise such rights consistent with the purposes of
the Sanctuary.
(g) The prohibitions in paragraphs (a) (2) through (7) of this
section do not apply to any activity authorized by any lease, permit,
license, or other authorization issued after July 22, 1994 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.

[[Page 66897]]

(h) Notwithstanding paragraphs (e) and (g) of this section, in no
event may the Director issue a National Marine Sanctuary permit under
Sec. 922.48 and Sec. 922.153 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 July 22, 1994 and issued by other authorities of competent
jurisdiction); the disposal of dredged material within the Sanctuary
other than in connection with beach nourishment projects related to
harbor maintenance activities; or bombing activities within the
Sanctuary. Any purported authorizations issued by other authorities
after July 22, 1994 for any of these activities within the Sanctuary
shall be invalid.

Sec. 922.153 Permit procedures and criteria.

(a) A person may conduct an activity prohibited by paragraphs (a)
(2) through (7) of Sec. 922.152 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, Olympic Coast National Marine Sanctuary, 138 West First
Street, Port Angeles, WA 98362.
(c) The Director, at his or her discretion, may issue a permit,
subject to such terms and conditions as he or her deems appropriate, to
conduct an activity prohibited by paragraphs (a) (2) through (7) of
Sec. 922.152, if the Director finds that the activity will not
substantially injure 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 managing the
Sanctuary; further salvage or recovery operations in connection with an
abandoned shipwreck in the Sanctuary title to which is held by the
State of Washington; or promote the welfare of any Indian tribe
adjacent to 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 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; the end value of the
activity; and the impacts of the activity on adjacent Indian tribes.
Where the issuance or denial of a permit is requested by the governing
body of an Indian tribe, the Director shall consider and protect the
interests of the tribe to the fullest extent practicable in keeping
with the purposes of the Sanctuary and his or her fiduciary duties to
the tribe. The Director may also 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 or
conditions of a permit or of the regulations in this subpart. 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.
(g) The Director shall obtain the express written consent of the
governing body of an Indian tribe prior to issuing a permit, if the
proposed activity involves or affects resources of cultural or
historical significance to the tribe.
(h) Removal, or attempted removal of any Indian cultural resource
or artifact may only occur with the express written consent of the
governing body of the tribe or tribes to which such resource or
artifact pertains, and certification by the Director that such
activities occur in a manner that minimizes damage to the biological
and archeological resources. Prior to permitting entry onto a
significant cultural site designated by a tribal governing body, the
Director shall require the express written consent of the governing
body of the tribe or tribes to which such cultural site pertains.

Sec. 922.154 Consultation with the State of Washington, affected
Indian tribes, and adjacent county governments.

(a) The Director shall regularly consult with the State of
Washington, the governing bodies of tribes with reservations adjacent
to the Sanctuary, and adjacent county governments regarding areas of
mutual concern, including Sanctuary programs, permitting, activities,
development, and threats to Sanctuary resources.
(b) The Director shall, when requested by such governments, enter
into a memorandum of understanding regarding such consultations.

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

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
1.............................. 47 deg.07'45'' 124 deg.11'02''
2.............................. 47 deg.07'45'' 124 deg.58'12''
3.............................. 47 deg.35'05'' 125 deg.00'00''
4.............................. 47 deg.40'05'' 125 deg.04'44''
5.............................. 47 deg.50'01'' 125 deg.05'42''
6.............................. 47 deg.57'13'' 125 deg.29'13''
7.............................. 48 deg.07'33'' 125 deg.38'20''
8.............................. 48 deg.15'00'' 125 deg.40'54''
9.............................. 48 deg.18'21.2'' 125 deg.30'02.9''
10............................. 48 deg.20'15.2'' 125 deg.22'52.9''
11............................. 48 deg.26'46.2'' 125 deg.09'16.9''
12............................. 48 deg.27'09.2'' 125 deg.08'29.9''
13............................. 48 deg.28'08.2'' 125 deg.05'51.9''
14............................. 48 deg.29'43.2'' 125 deg.00'10.9''
15............................. 48 deg.29'56.2'' 124 deg.59'19.9''
16............................. 48 deg.30'13.2'' 124 deg.54'56.9''
17............................. 48 deg.30'21.2'' 124 deg.50'25.9''
18............................. 48 deg.30'10.2'' 124 deg.47'17.9''
19............................. 48 deg.29'36.4'' 124 deg.43'38.1''
20............................. 48 deg.28'08'' 124 deg.38'13''
21............................. 48 deg.23'17'' 124 deg.38'13''
------------------------------------------------------------------------

2. For the reasons set forth in the Preamble, and under the
authority of 16 U.S.C. 1431 15 CFR Parts 924--Monitor Marine Sanctuary,
925--Olympic Coast National Marine Sanctuary, 935--Channel Islands
National Marine Sanctuary Regulations, 936--The Point Reyes/Farallon
Islands Marine Sanctuary Regulations, 938--The Gray's Reef National
Marine Sanctuary Regulations, 941--Fagatele Bay National Marine
Sanctuary Regulations, 942--Cordell Bank National Marine Sanctuary,
943--Flower Garden Banks National Marine Sanctuary, 940--Stellwagen
Bank National Marine Sanctuary, and 944--Monterey Bay National Marine
Sanctuary are removed.
[FR Doc. 30564 Filed 12-26-95; 8:45 am]
BILLING CODE 3510-08-M

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Document Information

Effective Date:: 12/27/1995
Published:: 12/27/1995
Department:: National Oceanic and Atmospheric Administration
Entry Type:: Rule
Action:: Final rule.
Document Number:: X95-11227
Dates:: December 27, 1995.
Pages:: 66875-66897 (23 pages)
Docket Numbers:: Docket No. 951201283-5283-01
RINs:: 0648-AI51
PDF File:: x95-11227.pdf
CFR: (71): 15 CFR 922.122(a)(2); 15 CFR 922.111(c); 15 CFR 16.68; 15 CFR 22.50; 15 CFR 22.112; More ...