[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Proposed Rules]
[Pages 32246-32250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 950609150-7080-03]
RIN 0648-AI06
Jade Collection in the Monterey Bay National Marine Sanctuary
AGENCY: Sanctuaries and Reserves Division (SRD); Office of Ocean and
Coastal Resource Management (OCRM), National Ocean Service (NOS),
National Oceanic and Atmospheric Administration (NOAA), Department of
Commerce (DOC).
ACTION: Proposed rule; notice of public availability of draft
supplemental environmental impact statement/management plan.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
proposing to amend the regulations and Designation Document for the
Monterey Bay National Marine Sanctuary (MBNMS or Sanctuary) to allow
limited, small-scale collection of jade from the Jade Cove area of the
Sanctuary. NOAA is issuing this proposed rule to provide notice to the
public and invite advice, recommendations, information, and other
comments from interested parties on the proposed rule and Draft
Supplemental Environmental Impact Statement/Management Plan (DSEIS/MP).
A public hearing will be held; a separate notice of the date and time
will be published.
DATES: Comments must be received by August 12, 1997.
ADDRESSES: Comments should be sent to Scott Kathey, Monterey Bay
National Marine Sanctuary, 299 Foam Street, Suite D, Monterey,
California, 93940, or Elizabeth Moore, Sanctuaries and Reserves
Division, National Oceanic and Atmospheric Administration, 1305 East
West Highway, SSMC4, 12th Floor, Silver Spring, Maryland, 20910.
Comments will be available for public inspection at the same addresses.
Copies of the DSEIS/MP are available from the same addresses.
FOR FURTHER INFORMATION CONTACT:
Scott Kathey at (408) 647-4251 or Elizabeth Moore at (301) 713-3141
ext. 170.
SUPPLEMENTARY INFORMATION:
I. Background
In recognition of the national significance of the unique marine
environment centered around Monterey Bay, California, the Monterey Bay
National Marine Sanctuary (MBNMS or Sanctuary) was designated on
September 18, 1992. SRD issued final regulations, effective January 1,
1993, to implement the Sanctuary designation (15 CFR Part 922 Subpart
M). The MBNMS regulations at 15 CFR 922.132(a) prohibit a relatively
narrow range of activities and thus make it unlawful for any person to
conduct them to cause them to be conducted.
The MBNMS regulations prohibit exploring for, developing or
producing oil, gas or minerals within the Sanctuary
[[Page 32247]]
(15 CFR 922.132(a)(1)). Further, the regulations and Designation
Document (the constitution for the Sanctuary) prohibit NOAA from
issuing a permit or other approval for this activity in the Sanctuary
(15 CFR 922.132(f); Designation Document, Article V). Therefore, the
Sanctuary regulations and Designation Document absolutely prohibit
exploring for, developing or producing oil, gas or minerals in the
MBNMS.
The region within the Sanctuary known as the Jade Cove area
consists of a series of small coves located south of Big Sur, near the
town of Gorda. Jade (also called nephrite) occurs in veins in the
serpentine bedrock formation, extending down the cliffs and into the
seabed. The coastal area is very dynamic, subject to strong waves and
tides, which erode the veins and sometimes release the jade. Jade is
found primarily as pebbles or larger stones on the shore and seabed,
and as revealed deposits in the seafloor.
For a number of years prior to the designation of the MBNMS,
tourists and local residents routinely visited the Jade Cove area to
explore for and collect pieces of the naturally occurring jade.
Even prior to the designation of the MBNMS, extraction of minerals
from State submerged lands was prohibited by State law, unless
authorized under a permit from the State. The U.S. Forest Service also
prohibits the removal without a lease of any rocks or minerals within
the Los Padres National Forest, which abuts the inshore boundary of the
Sanctuary in the Jade Cove area.
NOAA is proposing to amend the regulations for the MBNMS to allow
limited, small-scale collection of jade from the Jade Cove area of the
Sanctuary (the area bounded by the 35 deg.53'20''N latitude parallel
(North Plaskett Point), the 35 deg.53'20''N latitude parallel (Cape San
Martin), from the mean high tide line seaward to the 90-foot isobath
(depth line)). It appears that limited, small scale collection of loose
pieces of jade (which would otherwise naturally disintegrate) from the
Jade Cove area will have at most a de minimis effect on the jade
resource, a non-living resource, and will not destroy, cause the loss
of, or injure other resources or qualities of the MBNMS. It should also
be noted that the MBNMS Sanctuary Advisory Council (Council) has
recommended to SRD that the regulations be amended to allow jade
collection. The Council has devoted considerable time during several of
its monthly meetings to obtain information and public testimony, and
convened a working group to review this issue. There is also public
support for the proposed course of action.
The prohibition against permitting or otherwise approving the
exploration, development or production of oil, gas or minerals in the
Sanctuary is a term of the Designation Document for the Sanctuary.
Pursuant to section 304(a)(4) of the National Marine Sanctuaries Act
(NMSA) (16 U.S.C. 1434(a)(4)), the terms of designation of a national
marine sanctuary may be modified only by the same procedures by which
the original designation is made. Therefore, to allow limited, small-
scale jade collection in the Jade Cove area of the Sanctuary, NOAA must
comply with the procedures by which the Sanctuary was designated.
Designations of national marine sanctuaries are governed by sections
303 and 304 of the NMSA (16 U.S.C. 1433, 1434). Section 304 requires
the preparation of an environmental impact statement, State
consultation, at least one public hearing, and gubernatorial non-
objection to the proposal as it pertains to State waters within the
Sanctuary (the proposed rule pertains entirely to State waters). This
proposed rule is therefore accompanied by a Draft Supplemental
Environmental Impact Statement/Management Plan, which is available at
the addresses listed at the beginning of this notice. This proposed
rule represents NOAA's preferred alternative as discussed in the DSEIS/
MP.
There is a 60-day comment period on this proposed rule and DSEIS/
MP. After the close of the comment period NOAA will prepare a Final
Supplemental Environmental Impact Statement/Management Plan (FSEIS/MP)
and then issue a final rule. Further, as the amendment changes a term
of designation, the Governor of California will have forty-five days of
continuous session of Congress beginning on the day the final rule is
issued to certify that the final rule is unacceptable, should he make
such a finding. If the Governor certifies the rule as unacceptable, it
will not take effect and the original prohibition will remain in
effect.
NOAA issued an Advance Notice of Proposed Rulemaking (ANPR) on
August 9, 1995 (60 FR 40540), to inform the public of the issue under
consideration and to invite advice, recommendations, information, and
other comments from interested parties. The comment period closed on
September 8, 1995, with 195 comments received. Most comments were from
individuals and favored unrestricted jade collection. A general summary
of comments and NOAA's response to them follow.
II. Comments and Responses
(1) Comment: Collection of jade in the Jade Cove area has been
legal and nearly unrestricted for 50 years, with only minimal
restrictions from the U.S. Forest Service in place, such as no
explosives, no winches, and no mechanical tools.
Response: Prior to the Sanctuary's designation, jade collection
from State submerged lands without a permit was prohibited by State
law. As for other existing restrictions, the Los Padres National Forest
has a posted sign at the site that reads ``Prospecting, mining, or
removal of any rock, mineral, or material prohibited above mean high
tide level.'' The Sanctuary boundary extends from the mean high tide
level seaward, and the Sanctuary regulations as currently written
absolutely prohibit exploring for, developing or producing oil, gas or
minerals within the Sanctuary, which encompasses jade collection in
Jade Cove.
(2) Comment: This is a Sanctuary and the jade should be protected.
No jade collection should be allowed.
Response: NOAA agrees that marine jade resources should be
protected. The primary mandate of the MBNMS is to protect Sanctuary
resources. However, the Sanctuary also facilitates multiple uses that
are compatible with the primary mandate of resource protection. NOAA is
proposing this action foremost because it appears that limited, small
scale collection of loose pieces of jade (which would otherwise
naturally disintegrate) from the Jade Cove area will have at most a de
minimis effect on the jade resource, a non-living resource, and will
not destroy, cause the loss of, or injure other resources or qualities
of the MBNMS.
(3) Comment: Commercial mining should be prohibited.
Response: NOAA agrees. Existing regulations absolutely prohibit
exploration, development or production of oil, gas or minerals. The
amendment proposed will allow limited, small-scale jade collection, but
should in no way be considered a prelude to allowance of commercial
mining activities in the Sanctuary.
(4) Comment: Hand tools should/should not be allowed for jade
collection.
Response: NOAA believes that most tools should not be allowed as
these could be used to dig into the seabed or otherwise damage
Sanctuary resources or qualities. However, jade collection under the
exception may be conducted with the use of a hand tool (a hand-held
implement that is not greater than 36 inches in length and has no
moving
[[Page 32248]]
parts (e.g., dive knife, pry bar or abalone iron)) to maneuver and lift
a loose piece of jade, and a lift bag(s) with a total lifting capacity
not to exceed two hundred pounds. A vessel (except for a motorized
personal watercraft (see Sec. 922.132(a)(7)) may also be used to
provide access to the authorized area. Further, NOAA may also allow
additional or larger tools to collect larger pieces of loose jade under
a Sanctuary permit that would be required for such collection. However,
no pneumatic, mechanical, electrical, hydraulic or explosive tools
would be allowed to be used to collect jade under any circumstances.
(5) Comment: There should be limits/no limits on the amount of jade
an individual can take.
Response: NOAA believes that such restrictions as the natural
situation of the area (access via a steep trail, rough water
conditions, and isolated area), prohibition of tools other than hand
tools, lift bags and vessels as described in the response to comment
(4), and a limit that persons can only collect what they can
individually carry per trip will sufficiently limit the amount of jade
that will be collected, ensuring that the jade resource will not be
degraded. Further, the proposed rule would require a Sanctuary permit
for any collection of larger loose stones of jade not allowed to be
removed under the general jade collection exception.
(6) Comment: NOAA wasted time and money with the Advance Notice of
Proposed Rulemaking.
Response: NOAA disagrees that providing information to, and
obtaining input from the public is a waste of time or money. In this
instance, NOAA determined that the Advance Notice of Proposed
Rulemaking (ANPR), an optional step to the rulemaking process,
increased the opportunity for public comment and participation, and
aided NOAA in developing the regulation proposed in this rulemaking.
(7) Comment: NOAA has ignored or forgotten the public comments and
expert testimony provided before the Advance Notice of Proposed
Rulemaking.
Response: In addition to information provided by experts and the
recommendation from the Sanctuary Advisory Council, NOAA also
considered the public comments received on this issue both before and
after the Advance Notice of Proposed Rulemaking in determining whether
to propose to amend the Sanctuary regulations to allow limited, small-
scale jade collection.
(8) Comment: The Jade Working Group of the Sanctuary Advisory
Council adopted protocols for jade collection.
Response: The Jade Working Group of the Sanctuary Advisory Council
was formed to assist NOAA in resolving this issue. The Working Group
met for about eight months and developed and submitted to the Council a
draft list of jade collection protocols, but did not adopt or recommend
any particular final plan.
(9) Comment: The Sanctuary Advisory Council endorsed the jade
collection plan developed by the Jade Working Group.
Response: As stated above, neither the Jade Working Group nor the
Sanctuary Advisory Council adopted or recommended a particular final
plan. However, the Council did send a letter to NOAA recommending that
the agency amend the regulations to allow limited collection of jade,
while protecting the jade resource for the future. A plan submitted to
the Council by a local interest group was attached to the letter and
referenced as one option for managing jade collection.
(10) Comment: There is an ongoing mischaracterization of NOAA's
actions being conducted by jade collection advocates.
Response: NOAA has received copies of an August 1995 newsletter
distributed by the Free Jade Cove Committee that contains incorrect
information regarding the issue and NOAA's intent. The headline of the
newsletter implies that no restrictions currently exist on jade
collection and that NOAA's current action will impose new restrictions,
when in fact NOAA's proposed action will relax existing regulations.
The newsletter also implies that NOAA ignored the Sanctuary Advisory
Council's assistance and advice. To the contrary, the recommendation of
the SAC to allow limited jade collection was considered, and led in
part to NOAA's decision to propose to amend the Sanctuary regulations
to allow limited, small-scale jade collection. As stated above, the SAC
provided an option for NOAA to consider, but did not recommend any
specific course of action.
III. Proposed Revised Article V of the Designation Document for the
Monterey Bay National Marine Sanctuary
No changes to Articles I-IV, and Article VI of the Designation
Document are proposed by NOAA. Article V of the Designation Document is
proposed to be amended by revising paragraph 2. Paragraph 2 of Article
V is presented in its entirety with the proposed revised language in
italics.
Article V. Effect on Leases, Permits, Licenses, and Rights
In no event may the Secretary or designee issue a permit
authorizing, or otherwise approve: (1) the exploration for,
development of or production of oil, gas or minerals within the
Sanctuary except for limited, small-scale jade collection in the
Jade Cove area of the Sanctuary (defined as the area bounded by the
35 deg.55'20''N latitude parallel (north Plaskett Point), the
35 deg.53'20''N latitude parallel (Cape San Martin), the mean high
tide line seaward and the 90-foot isobath (depth line): (2) the
discharge of primary-treated sewage (except for regulation, pursuant
to Section 304(c)(1) of the Act, of the exercise of valid
authorizations in existence on the effective date of Sanctuary
designation and issued by other authorities of competent
jurisdiction); or (3) the disposal of dredged material within the
Sanctuary other than at sites authorized by the Environmental
Protection Agency (in consultation with the U.S. Army Corps of
Engineers) prior to the effective date of designation. Any purported
authorizations issued by other authorities after the effective date
of Sanctuary designation for any of these activities within the
Sanctuary shall be invalid.
End of Proposed Revised Article V of the Designation Document
IV. Summary of the Proposed Regulatory Amendment
Jade is a non-living resource of the MBNMS (see 15 CFR 922.3).
Allowing limited, small-scale collection of small pieces already loose,
which would otherwise naturally disintegrate, would have at most a de
minimis effect on the jade resource. Further, it appears that
collection of loose pieces of jade from the authorized area of the
Sanctuary could be conducted without destroying, causing the loss of,
or injuring other Sanctuary resources or qualities. Small scale,
limited jade collection would be allowed under an exception to the
MBNMS prohibitions, with certain conditions. Larger loose pieces of
jade not allowed to be collected under the exception may be authorized
to be collected under a Sanctuary permit. However, under no
circumstances would NOAA allow the use of pneumatic, mechanical,
electrical, hydrauic or explosive tools to collect jade.
Consequently, NOAA is proposing to amend section 922.132(a)(1) and
section 922.133(c) to provide an exception to the prohibition against
exploring for, developing or producing oil, gas or minerals in the
Sanctuary, to allow limited, small-scale collection of jade from the
Jade Cove area of the Sanctuary (defined as the area bounded by the
35 deg.55'20''N latitude parallel (north Plaskett Point), the
35 deg.53'20''N latitude parallel (Cape San Martin), from the
[[Page 32249]]
mean high tide line seaward to the 90-foot isobath (depth line)). NOAA
is also proposing to amend section 922.132(a)(4) to provide, for
consistency, a corresponding exception to the prohibition against
alteration of the seabed for collection of loose jade as described
below. The proposed exception is limited to the Jade Cove area as this
has been the area historically of marine jade collection.
The proposed exception also contains certain other limitations to
protect Sanctuary resources and qualities. The proposed exception
limits collection to jade pieces already loose from the seabed, meaning
that natural storm or wave action has already completely separated the
stone from the seabed. Under the general exception, no tools may be
used to collect jade except (a) a hand tool, defined as a hand-held
implement utilized for the collection of jade pursuant to section
922.132(a)(1) that is no greater than 36 inches in length and has no
moving parts (e.g., dive knife, pry bar or abalone iron), to maneuver
and lift loose jade pieces; (b) a lift bag or multiple lift bags with a
combined lift capacity not to exceed 200 pounds; or (c) a vessel
(except for a motorized personal watercraft (see Sec. 922.132(a)(7)) to
provide access to the authorized area. Finally, each person may collect
only what that personal individually carries. The two hundred pound
lift bag limit corresponds with the restriction limiting jade removal
to what each person individually carries. Over one hundred pounds is
considered to be a very heavy physical demand level (see Matheson, L.
and Matheson, M. Examiners Manual for the Spinal Function Sort), and
appears to correspond with the maximum amount that an average person
could lift. The two hundred pound lift bag will allow safe transport to
the surface of stones weighing less than 200 pounds. More important,
the limitation is consistent with the overall effort to avoid jade
collection that could adversely impact benthic (bottom) habitat.
Loose stones exceeding two hundred pounds would be of such mass as
to be more likely to support important components of the benthic
community and should not be readily made available for removal under
the regulatory exception. A Sanctuary permit would be required for the
collection of such loose pieces of jade. Applications for Sanctuary
permits would be reviewed on a case-by-case basis under the general
permit criteria contained at 15 CFR Secs. 922.48 and 922.133, and would
require that the applicant have all necessary approvals from other
jurisdictions, including the California State Lands Commission.
Preference would be given to those applicants proposed to collect such
larger pieces for research or educational purposes. Any Sanctuary
permits issued for jade collection would be conditioned to protect
Sanctuary resources and in no circumstances will NOAA permit the use of
pneumatic, mechanical, electrical, hydraulic or explosive tools to
collect jade. Nor will NOAA permit any excavation or mining of the jade
resource, or the collection of larger loose pieces that support
important components of the benthic community.
The proposed exception for the limited, small-scale collection of
loose pieces of jade does not extend to oil or gas or any other
mineral. Furthermore, there is a statutory prohibition against leasing,
exploration, development, or production of oil or gas in the Sanctuary.
Should this proposed regulation be adopted as final, any collection
of jade in Jade Cove, which is within California State waters, will
require a State permit because of the State's prohibitions against
taking minerals from State submerged lands and disturbing State
subsurface lands. This is consistent with 15 C.F.R. Sec. 922.42 which
provides that any activity within a specific national marine sanctuary
not expressly prohibited or otherwise regulated by that sanctuary's
regulations may be conducted subject to, among other things, all
prohibitions, restrictions and conditions validly imposed by any other
authority of competent jurisdiction. Current Federal and State
restrictions on jade collection in upland areas adjacent to the
Sanctuary are unaffected by this proposed rulemaking.
V. Miscellaneous Rulemaking Requirements
National Marine Sanctuaries Act
Section 304(a)(4) of the National Marine Sanctuaries Act, 16 U.S.C.
1434(a)(4), provides that the terms of designation may be modified only
by the same procedures by which the original designation is made.
Designations of National Marine Sanctuaries are governed by sections
303 and 304 of the NMSA, 16 U.S.C. 1433, 1434. Section 304 requires the
preparation of an environmental impact statement, State consultation,
at least one public hearing, and gubernatorial non-objection to the
proposal as it pertains to State waters within the Sanctuary.
Section 304 of the NMSA also requires the Secretary to submit to
the appropriate Congressional Committees, on the same day this notice
is published, documents, including an executive summary, consisting of
the terms of the proposed designation (or in this case, change
thereof), the proposed regulations and the draft supplemental
environmental impact statement/management plan. In accordance with
section 304, the required documents are being submitted to the
appropriate Congressional Committees.
National Environmental Policy Act
When changing a term of designation of a National Marine Sanctuary,
section 304 of the NMSA, 16 U.S.C. 1434, requires the preparation of a
draft environmental impact statement (DEIS), as provided by the
National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and
that the DEIS be made available to the public. NOAA has prepared a
draft supplemental environmental impact statement/management plan for
the Monterey Bay National Marine Sanctuary on the proposal to amend the
regulations and Designation Document to allow limited, small-scale jade
collection in the Jade Cove area of the Sanctuary. The DSEIS/MP is
available at the addresses listed in the ADDRESS section of this
proposed rule.
Executive Order 1286: Regulatory Impact
NOAA has concluded that this regulatory action is not significant
within the meaning of section 3(f) of Executive Order 12866 because it
will not result in:
(1) An annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or public health and safety;
(2) A serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
(3) A material alteration of the budgetary impact of entitlements,
grants, user fees, or loan programs or rights and obligations of such
recipients; or
(4) Novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
Executive Order 12612; Federalism Assessment
NOAA has concluded that this regulatory action does not have
sufficient federalism implications sufficient to warrant preparation of
a federalism assessment under Executive Order 12612.
[[Page 32250]]
Regulatory Flexibility Act
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration as follows:
The proposed rule would amend the Monterey Bay National Marine
Sanctuary (MBNMS or Sanctuary) regulations to allow limited, small-
scale collection of jade from an area within the Sanctuary known as
Jade Cove, consistent with other applicable Federal and State law.
Prior to the designation of the Sanctuary, extraction of minerals
from State submerged lands was prohibited by State law, unless
authorized by a permit issued by the State. The regulations
implementing the designation of the Sanctuary absolutely prohibit
exploration for, development or production of oil, gas or minerals
in the Sanctuary. Consequently, because jade is a mineral, its
collection is absolutely prohibited even if authorized by a State
permit. Should this proposed regulation be adopted as final, jade
could be collected within Jade Cove, which is within California
State waters, provided its collection is authorized by a State
permit. Without a State permit, its collection would be prohibited
by the State's prohibitions against taking minerals from State
submerged lands and disturbing State subsurface lands. NOAA is aware
of only one small business that used the jade resource prior to the
Sanctuary's designation. That business did not conduct large-scale
collection or rely solely on jade from Jade Cove. Most of its jade
was collected from other sources, including from upland and out of
state sources. Consequently, the rule is not expected to
significantly impact a substantial number of small business
entities.
Accordingly, a Regulatory Flexibility Analysis was not prepared.
Paperwork Reduction Act
This proposed rule would not impose an information collection
requirement subject to review and approval by OMB under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3500 et seq.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Marine resources, Natural resources,
Penalties, Recreation and recreation areas, Reporting and recordkeeping
requirements, Research.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
Dated: May 30, 1997.
David L. Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
Accordingly, for the reasons set forth above, 15 CFR part 922 is
proposed to be amended as follows:
PART 922--[AMENDED]
1. The authority citation for part 922 continues to read as
follows:
Authority: 16 U.S.C. 1431 et seq.
Subpart M--Monterey Bay National Marine Sanctuary
2. Section 922.131 is amended by adding the following definition in
alphabetical order to read as follows:
Sec. 922.131 Definitions.
* * * * *
Hand tool means a hand-held implement, utilized for the collection
of jade pursuant to section 922.132(a)(1), that is no greater than 36
inches in length and has no moving parts (e.g., dive knife, pry bar or
abalone iron). Pneumatic, mechanical, electrical, hydraulic or
explosive tools are, therefore, examples of what does not meet this
definition.
* * * * *
3. Section 922.132 is amended by revising paragraphs (a)(1) and
(a)(4) introductory text and adding paragraph (a)(4)(vi) as follows:
Sec. 922.132 Prohibited or otherwise regulated activities.
(a) * * *
(1) Exploring for, developing or producing oil, gas or minerals
within the Sanctuary except: jade may be collected (meaning removed)
from the area bounded by the 35 deg.55'20''N latitude parallel (north
Plaskett Point), the 35 deg.53'20''N latitude parallel (Cape San
Martin), from the mean high tide line seaward to the 90-foot isobath
(depth line) (the ``authorized area'') provided that:
(i) Only jade already loose from the seabed may be collected;
(ii) No tool may be used to collect jade except:
(A) A hand tool (as defined in Sec. 922.131 of this subpart);
(B) A lift bag or multiple lift bags with a combined lift capacity
of no more than two hundred pounds; or
(C) A vessel (except for motorized personal watercraft (see
Sec. 922.132(a)(7) of this subpart) to provide access to the authorized
area;
(iii) Each person may collect only what that person individually
carries; and
(iv) For any loose piece of jade that cannot be collected under
paragraphs (a)(1) (ii) and (iii), any person may apply for a permit to
collect such a loose piece by following the procedures in Sec. 922.133
of this subpart.
* * * * *
(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:
* * * * *
(vi) Collection of jade pursuant to Sec. 922.132(a)(1) of this
subpart.
4. Section 922.133 is amended by revising paragraph (c) to read as
follows:
Sec. 922.133 Permit procedures and criteria.
* * * * *
(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 Secs. 922.132(a) (2) through (8), and
(a)(10) 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;
allow the removal, without the use of pneumatic, mechanical,
electrical, hydraulic or explosive tools, of loose jade from the Jade
Cove area under Sec. 922.132(a)(1)(iv) of this subpart; assist in
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.
* * * * *
[FR Doc. 97-14787 Filed 6-12-97; 8:45 am]
BILLING CODE 3510-08-M
