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112 Part 922—National Marine Sanctuary Pt. 922 15 CFR Ch. IX (1–1–21 Edition) land either from a surface and/or subsurface B. pH Regime: This is indicative of the min- source. eral richness of estuarine waters and falls 1. Surface water: This is water flowing over into three main categories: the ground in the form of streams. Local var- 1. Acid: Waters with a pH of less than 5.5. iation in runoff is dependent upon the nature 2. Circumneutral: A condition where the of the soil (porosity and solubility), degree of pH ranges from 5.5 to 7.4. surface slope, vegetational type and develop- 3. Alkaline: Waters with a pH greater than ment, local climatic conditions, and volume 7.4. and intensity of precipitation. 2. Subsurface water: This refers to the pre- PART 922—NATIONAL MARINE cipitation that has been absorbed by the soil SANCTUARY PROGRAM REGULA- and stored below the surface. The distribu- tion of subsurface water depends on local cli- TIONS mate, topography, and the porosity and per- meability of the underlying soils and rocks. Subpart A—General There are two main subtypes of surface water: Sec. 922.1 Applicability of regulations in this a. Vadose water: This is water in the soil part. above the water table. Its volume with re- 922.2 Mission, goals, and special policies. spect to the soil is subject to considerable 922.3 Definitions. fluctuation. 922.4 Effect of National Marine Sanctuary b. Groundwater: This is water contained in designation. the rocks below the water table, is usually of more uniform volume than vadose water, and Subpart B—Sanctuary Nomination Process generally follows the topographic relief of the land being high hills and sloping into 922.10 General. valleys. 922.11 Selection of nominated areas for na- tional marine sanctuary designation. GROUP III—CHEMICAL A. Salinity. This reflects a complex mixture Subpart C—Designation of National Marine of salts, the most abundant being sodium Sanctuaries chloride, and is a very critical factor in the 922.20 Standards and procedures for designa- distribution and maintenance of many estua- tion. rine organisms. Based on salinity, there are 922.21 Selection of active candidates. two basic estuarine types and eight different 922.22 Development of designation mate- salinity zones (expressed in parts per thou- rials. sand-ppt.) 922.23 Coordination with States and other 1. Positive estuary: This is an estuary in Federal agencies. which the freshwater influx is sufficient to 922.24 Congressional documents. maintain mixing, resulting in a pattern of 922.25 Designation determination and find- increasing salinity toward the estuary ings. mouth. It is characterized by low oxygen concentration in the deeper waters and con- Subpart D—Management Plan siderable organic content in bottom sedi- Development and Implementation ments. 2. Negative estuary: This is found in par- 922.30 General. ticularly arid regions, where estuary evapo- 922.31 Promotion and coordination of Sanc- ration may exceed freshwater inflow, result- tuary use. ing in increased salinity in the upper part of the basin, especially if the estuary mouth is Subpart E—Regulations of General restricted so that tidal flow is inhibited. Applicability These are typically very salty (hyperhaline), moderately oxygenated at depth, and possess 922.40 Purpose. bottom sediments that are poor in organic 922.41 Boundaries. content. 922.42 Allowed activities. 3. Salinity zones (expressed in ppt): 922.43 Prohibited or otherwise regulated ac- tivities. a. Hyperhaline—greater than 40 ppt. 922.44 Emergency regulations. b. Euhaline—40 ppt to 30 ppt. 922.45 Penalties. c. Mixhaline—30 ppt to 0.5 ppt. 922.46 Response costs and damages. (1) Mixoeuhaline—greater than 30 ppt but 922.47 Pre-existing authorizations or rights less than the adjacent euhaline sea. and certifications of pre-existing author- (2) Polyhaline—30 ppt to 18 ppt. izations or rights. (3) Mesohaline—18 ppt to 5 ppt. 922.48 National Marine Sanctuary permits— (4) Oligohaline—5 ppt to 0.5 ppt. application procedures and issuance cri- d. Limnetic: Less than 0.5 ppt. teria. 114 VerDate Sep<11>2014 11:36 Sep 03, 2021 Jkt 253053 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:\SGML\253053.XXX 253053 Nat’l Oceanic and Atmospheric Adm., Commerce Pt. 922 922.49 Notification and review of applica- APPENDIX G TO SUBPART H OF PART 922—DES- tions for leases, licenses, permits, ap- IGNATED AREA FOR CERTAIN UNITED provals, or other authorizations to con- STATES COAST GUARD DISCHARGES duct a prohibited activity. 922.50 Appeals of administrative action. Subpart I—Gray’s Reef National Marine Sanctuary Subpart F—Monitor National Marine Sanctuary 922.90 Boundary. 922.91 Definitions. 922.60 Boundary. 922.92 Prohibited or otherwise regulated ac- 922.61 Prohibited or otherwise regulated ac- tivities—Sanctuary-wide. tivities. 922.93 Permit procedures and criteria. 922.62 Permit procedures and criteria. 922.94 Prohibited or otherwise regulated ac- tivities—Research area. Subpart G—Channel Islands National APPENDIX A TO SUBPART I OF PART 922— Marine Sanctuary BOUNDARY COORDINATES FOR THE GRAY’S REEF NATIONAL MARINE SANCTUARY RE- 922.70 Boundary. SEARCH AREA 922.71 Definitions. 922.72 Prohibited or otherwise regulated ac- tivities—Sanctuary-wide. Subpart J—National Marine Sanctuary of 922.73 Additional prohibited or otherwise American Samoa regulated activities—marine reserves 922.100 Scope of regulations. and marine conservation area. 922.101 Boundary. 922.74 Permit procedures and issuance cri- 922.102 Definitions. teria. 922.103 Prohibited or otherwise regulated APPENDIX A TO SUBPART G OF PART 922— activities—Sanctuary-wide. CHANNEL ISLANDS NATIONAL MARINE 922.104 Prohibited or otherwise regulated SANCTUARY BOUNDARY COORDINATES activities—Sanctuary-wide except in the APPENDIX B TO SUBPART G OF PART 922—MA- Mulia¯ va Unit. RINE RESERVE BOUNDARIES 922.105 Prohibited or otherwise regulated APPENDIX C TO SUBPART G OF PART 922—MA- activities—Unit-specific. RINE CONSERVATION AREA BOUNDARY 922.106 Management and enforcement. 922.107 Permit procedures and criteria. Subpart H—Greater Farallones National Marine Sanctuary APPENDIX TO SUBPART J OF PART 922—AMER- ICAN SAMOA NATIONAL MARINE SANC- 922.80 Boundary. TUARY BOUNDARY COORDINATES 922.81 Definitions. 922.82 Prohibited or otherwise regulated ac- Subpart K—Cordell Bank National Marine tivities. Sanctuary 922.83 Permit procedures and issuance cri- teria. 922.110 Boundary. 922.84 Certification of preexisting leases, li- 922.111 Definitions. censes, permits, approvals, other author- 922.112 Prohibited or otherwise regulated izations, or rights to conduct a prohib- activities. ited activity. 922.113 Permit procedures and issuance cri- 922.85 Review of State permits and leases teria. for certain aquaculture projects. APPENDIX A TO SUBPART K OF PART 922— APPENDIX A TO SUBPART H OF PART 922— CORDELL BANK NATIONAL MARINE SANC- GREATER FARALLONES NATIONAL MARINE TUARY BOUNDARY COORDINATES SANCTUARY BOUNDARY COORDINATES APPENDIX B TO SUBPART K OF PART 922—LINE APPENDIX B TO SUBPART H OF PART 922—NO- REPRESENTING THE 50-FATHOM ISOBATH ANCHORING SEAGRASS PROTECTION ZONES SURROUNDING CORDELL BANK IN TOMALES BAY APPENDIX C TO SUBPART K OF PART 922—DES- APPENDIX C TO SUBPART H OF PART 922— IGNATED AREA FOR CERTAIN UNITED NORTHERN EXTENT OF TOMALES BAY STATES COAST GUARD DISCHARGES APPENDIX D TO SUBPART H OF PART 922—SPE- CIAL WILDLIFE PROTECTION ZONES WITHIN Subpart L—Flower Garden Banks National THE SANCTUARY Marine Sanctuary APPENDIX E TO SUBPART H OF PART 922— CARGO VESSEL PROHIBITION ZONES IN THE 922.120 Boundary. SANCTUARY 922.121 Definitions. APPENDIX F TO SUBPART H OF PART 922— 922.122 Prohibited or otherwise regulated WHITE SHARK APPROACH PROHIBITION activities. ZONES IN THE SANCTUARY 922.123 Permit procedures and criteria. 115 VerDate Sep<11>2014 11:36 Sep 03, 2021 Jkt 253053 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:\SGML\253053.XXX 253053 Pt. 922 15 CFR Ch. IX (1–1–21 Edition) APPENDIX A TO SUBPART L OF PART 922— Subpart P—Florida Keys National Marine FLOWER GARDEN BANKS NATIONAL MARINE Sanctuary SANCTUARY BOUNDARY COORDINATES APPENDIX B TO SUBPART L OF PART 922—CO- 922.160 Purpose. ORDINATES FOR THE DEPARTMENT OF THE 922.161 Boundary. INTERIOR TOPOGRAPHIC LEASE STIPULA- 922.162 Definitions. TIONS FOR OCS LEASE SALE 171 922.163 Prohibited activities—Sanctuary- wide. Subpart M—Monterey Bay National Marine 922.164 Additional activity regulations by Sanctuary Sanctuary area. 922.165 Emergency regulations. 922.130 Boundary. 922.166 Permits other than for access to the 922.131 Definitions. Tortugas Ecological Reserve—applica- 922.132 Prohibited or otherwise regulated tion procedures and issuance criteria. activities. 922.167 Permits for access to the Tortugas 922.133 Permit procedures and criteria. Ecological Reserve. 922.134 Review of certain State permits and 922.168 [Reserved] leases. APPENDIX I TO SUBPART P OF PART 922— APPENDIX A TO SUBPART M OF PART 922— FLORIDA KEYS NATIONAL MARINE SANC- MONTEREY BAY NATIONAL MARINE SANC- TUARY BOUNDARY COORDINATES TUARY BOUNDARY COORDINATES APPENDIX II TO SUBPART P OF PART 922—EX- APPENDIX B TO SUBPART M OF PART 922— ISTING MANAGEMENT AREAS BOUNDARY ZONES WITHIN THE SANCTUARY WHERE COORDINATES OVERFLIGHTS BELOW 1000 FEET ARE PRO- APPENDIX III TO SUBPART P OF PART 922— HIBITED WILDLIFE MANAGEMENT AREAS ACCESS APPENDIX C TO SUBPART M OF PART 922— RESTRICTIONS DREDGED MATERIAL DISPOSAL SITES APPENDIX IV TO SUBPART P OF PART 922—EC- WITHIN THE SANCTUARY OLOGICAL RESERVES BOUNDARY APPENDIX D TO SUBPART M OF PART 922— COORDINATES DREDGED MATERIAL DISPOSAL SITES AD- APPENDIX V TO SUBPART P OF PART 922— JACENT TO THE MONTEREY BAY NATIONAL SANCTUARY PRESERVATION AREAS BOUND- MARINE SANCTUARY ARY COORDINATES APPENDIX E TO SUBPART M OF PART 922—MO- APPENDIX VI TO SUBPART P OF PART 922— TORIZED PERSONAL WATERCRAFT ZONES SPECIAL-USE AREAS BOUNDARY COORDI- AND ACCESS ROUTES WITHIN THE SANC- NATES AND USE DESIGNATIONS TUARY APPENDIX VII TO SUBPART P OF PART 922— APPENDIX F TO SUBPART M OF PART 922—DA- AREAS TO BE AVOIDED BOUNDARY COORDI- VIDSON SEAMOUNT MANAGEMENT ZONE NATES Subpart N—Stellwagen Bank National Subpart Q—Hawaiian Islands Humpback Marine Sanctuary Whale National Marine Sanctuary 922.140 Boundary.
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