112 Part 922—National Marine Sanctuary

Home , Davidson Seamount, Little Mullet Key, Newfound Harbor Key

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 distribution 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 national 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 activities. 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.

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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 activities—Sanctuary-wide. tivities. 922.93 Permit procedures and criteria. 922.62 Permit procedures and criteria. 922.94 Prohibited or otherwise regulated activities—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 activities—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 criteria. 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.

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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. 922.180 Purpose. 922.141 Definitions. 922.181 Boundary. 922.142 Prohibited or otherwise regulated 922.182 Definitions. activities. 922.183 Allowed activities. 922.143 Permit procedures and criteria. 922.184 Prohibited activities. APPENDIX A TO SUBPART N OF PART 922— 922.185 Emergency regulations. STELLWAGEN BANK NATIONAL MARINE 922.186 Penalties; appeals. SANCTUARY BOUNDARY COORDINATES 922.187 Interagency cooperation. APPENDIX A TO SUBPART Q OF PART 922—HA- Subpart O—Olympic Coast National WAIIAN ISLANDS HUMPBACK WHALE NA- Marine Sanctuary TIONAL MARINE SANCTUARY BOUNDARY DESCRIPTION AND COORDINATES OF THE 922.150 Boundary. LATERAL BOUNDARY CLOSURES AND EX- 922.151 Definitions. CLUDED AREAS 922.152 Prohibited or otherwise regulated activities. Subpart R—Thunder Bay National Marine 922.153 Permit procedures and criteria. Sanctuary and Underwater Preserve 922.154 Consultation with the State of Washington, affected Indian tribes, and 922.190 Boundary. adjacent county governments. 922.191 Definitions. APPENDIX A TO SUBPART O OF PART 922— 922.192 Joint Management Committee. OLYMPIC COAST NATIONAL MARINE SANC- 922.193 Prohibited or otherwise regulated TUARY BOUNDARY COORDINATES activities.

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922.194 Certification of preexisting leases, tuary nomination process and to the licenses, permits, approvals, other au- designation of future Sanctuaries. thorizations, or rights to conduct a prohibited activity. [84 FR 32601, July 8, 2019] 922.195 Permit procedures and criteria. 922.196 Emergency regulations. § 922.2 Mission, goals, and special poli- 922.197 Effect on affected federally-recog- cies. nized Indian tribes. (a) In accordance with the standards 922.198 Procedures for determining set forth in title III of the Marine Pro- watercraft and related items which sink tection, Research, and Sanctuaries Act on or after the date of Sanctuary des- of 1972, as amended, also known as the ignation to be an underwater cultural re- National Marine Sanctuaries Act (Act) source. the mission of the National Marine APPENDIX A TO SUBPART R OF PART 922— Sanctuary program (Program) is to THUNDER BAY NATIONAL MARINE SANC- identify, designate and manage areas of TUARY AND UNDERWATER PRESERVE the marine environment of special na- BOUNDARY COORDINATES tional, and in some cases international, APPENDIX B TO SUBPART R OF PART 922— MINOR PROJECTS FOR PURPOSES OF significance due to their conservation, § 922.193(a)(2)(iii) recreational, ecological, historical, research, educational, or aesthetic quali- Subpart S—Mallows Bay—Potomac River ties. National Marine Sanctuary (b) The goals of the Program are to carry out the mission to: 922.200 Boundary. (1) Identify and designate as National 922.201 Definitions. Marine Sanctuaries areas of the marine 922.202 Joint management. environment which are of special na- 922.203 Prohibited or otherwise regulated tional significance; activities. (2) Provide authority for comprehen- 922.204 Emergency regulations. sive and coordinated conservation and 922.205 Permit procedures and review cri- management of these marine areas, teria. and activities affecting them, in a 922.206 Certification of preexisting leases, licenses, permits, approvals, other au- manner which complements existing thorizations, or rights to conduct a pro- regulatory authorities; hibited activity. (3) Support, promote, and coordinate APPENDIX A TO SUBPART S OF PART 922— scientific research on, and monitoring MALLOWS BAY-POTOMAC RIVER MARINE of, the resources of these marine areas, SANCTUARY BOUNDARY DESCRIPTION AND especially long-term monitoring and COORDINATES OF THE LATERAL BOUNDARY research of these areas; CLOSURES AND EXCLUDED AREAS (4) Enhance public awareness, under- APPENDIX B TO SUBPART S OF PART 922— standing, appreciation, and wise use of MALLOWS BAY-POTOMAC RIVER MARINE the marine environment; SANCTUARY TERMS OF DESIGNATION (5) Facilitate to the extent compat- AUTHORITY: 16 U.S.C. 1431 et seq. ible with the primary objective of resource protection, all public and pri- SOURCE: 60 FR 66877, Dec. 27, 1995, unless otherwise noted. vate uses of the resources of these marine areas not prohibited pursuant to EDITORIAL NOTE: Nomenclature changes to other authorities; part 922 appear at 62 FR 3789, Jan. 27, 1997 (6) Develop and implement coordi- and at 62 FR 67724, Dec. 30, 1997. nated plans for the protection and management of these areas with appro- Subpart A—General priate Federal agencies, State and local governments, Native American § 922.1 Applicability of regulations in tribes and organizations, international this part. organizations, and other public and pri- Unless noted otherwise, the regula- vate interests concerned with the con- tions in subparts A, D, and E of this tinuing health and resilience of these part apply to all National Marine Sanc- marine areas; tuaries and related site-specific regula- (7) Create models of, and incentives tions set forth in this part. Subparts B for, ways to conserve and manage these and C of this part apply to the sanc- areas;

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(8) Cooperate with global programs ARPA (43 CFR part 7) and other rel- encouraging conservation of marine re- evant Federal regulations. The Sec- sources; and retary of the Interior’s Standards and (9) Maintain, restore, and enhance Guidelines for Archeology may also be living resources by providing places for consulted for guidance. These guide- species that depend upon these marine lines are available from the Office of areas to survive and propagate. Ocean and Coastal Management at (301) (c) To the extent consistent with the 713–3125. policies set forth in the Act, in carrying out the Program’s mission and § 922.3 Definitions. goals: Act means title III of the Marine Pro- (1) Particular attention will be given tection, Research, and Sanctuaries Act to the establishment and management of 1972, as amended, 16 U.S.C. 1431 et of marine areas as National Marine seq., also known as the National Ma- Sanctuaries for the protection of the rine Sanctuaries Act. area’s natural resource and ecosystem Assistant Administrator means the As- values; particularly for ecologically or sistant Administrator for Ocean Serv- economically important or threatened ices and Coastal Zone Management, species or species assemblages, and for National Oceanic and Atmospheric Ad- offshore areas where there are no exist- ministration (NOAA), or designee. ing special area protection mecha- Benthic community means the assem- nisms; blage of organisms, substrate, and (2) The size of a National Marine structural formations found at or near Sanctuary, while highly dependent on the bottom that is periodically or per- the nature of the site’s resources, will manently covered by water. be no larger than necessary to ensure Commercial fishing means any activity effective management; that results in the sale or trade for in- (d) Management efforts will be co- tended profit of fish, shellfish, algae, or ordinated to the extent practicable corals. with other countries managing marine Conventional hook and line gear means protected areas; any fishing apparatus operated aboard (e) Program regulations, policies, a vessel and composed of a single line standards, guidelines, and procedures terminated by a combination of sinkers under the Act concerning the identi- and hooks or lures and spooled upon a fication, evaluation, registration, and reel that may be hind- or electrically treatment of historical resources shall operated, hand-held or mounted. This be consistent, to the extent prac- term does not include bottom ticable, with the declared national pol- longlines. icy for the protection and preservation Cultural resources means any histor- of these resources as stated in the Na- ical or cultural feature, including ar- tional Historic Preservation Act of chaeological sites, historic structures, 1966, 16 U.S.C. 470 et seq., the Archeo- shipwrecks, and artifacts. logical and Historical Preservation Act Director means, except where other- of 1974, 16 U.S.C. 469 et seq., and the Ar- wise specified, the Director of the Of- cheological Resources Protection Act fice of Ocean and Coastal Resource of 1979 (ARPA), 16 U.S.C. 470aa et seq. Management, NOAA, or designee. The same degree of regulatory protec- Exclusive economic zone means the ex- tion and preservation planning policy clusive economic zone as defined in the extended to historical resources on Magnuson Fishery Conservation and land shall be extended, to the extent Management Act, 16 U.S. 1801 et seq. practicable, to historical resources in Fish wastes means waste materials re- the marine environment within the sulting from commercial fish proc- boundaries of designated National Ma- essing operations. rine Sanctuaries. The management of Historical resource means any resource historical resources under the author- possessing historical, cultural, archae- ity of the Act shall be consistent, to ological or paleontological signifi- the extent practicable, with the Fed- cance, including sites, contextual in- eral archeological program by con- formation, structures, districts, and sulting the Uniform Regulations, objects significantly associated with or

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representative of earlier people, cul- under section 302 of the Magnuson tures, maritime heritage, and human Fishery Conservation and Management activities and events. Historical re- Act, 16 U.S.C. 1801 et seq. sources include ‘‘submerged cultural Sanctuary quality means any of those resources’’, and also include ‘‘historical ambient conditions, physical-chemical properties,’’ as defined in the National characteristics and natural processes, Historic Preservation Act, as amended, the maintenance of which is essential and its implementing regulations, as to the ecological health of the Sanc- amended. tuary, including, but not limited to, Indian tribe means any American In- water quality, sediment quality and air dian tribe, band, group, or community quality. recognized as such by the Secretary of Sanctuary resource means any living the Interior. or non-living resource of a National Injure means to change adversely, ei- Marine Sanctuary that contributes to ther in the short or long term, a chem- the conservation, recreational, ecologi- ical, biological or physical attribute of, cal, historical, research, educational, or the viability of. This includes, but is or aesthetic value of the Sanctuary, in- not limited to, to cause the loss of or cluding, but not limited to, the sub- destroy. stratum of the area of the Sanctuary, Inventory means a list of nominated other submerged features and the sur- areas selected by the Director as quali- rounding seabed, carbonate rock, cor- fying for future consideration of des- als and other bottom formations, ignation as a national marine sanc- coralline algae and other marine plants tuary. and algae, marine invertebrates, brine- Lightering means at-sea transfer of seep biota, phytoplankton, petroleum-based products, materials, zooplankton, fish, seabirds, sea turtles or other matter from vessel to vessel. and other marine reptiles, marine Marine means those areas of coastal mammals and historical resources. For and ocean waters, the Great Lakes and Thunder Bay National Marine Sanc- their connecting waters, and sub- tuary and Underwater Preserve, Sanc- merged lands over which the United tuary resource means an underwater States exercises jurisdiction, including cultural resource as defined at § 922.191. the exclusive economic zone, con- For Mallows Bay-Potomac River Na- sistent with international law. tional Marine Sanctuary, Sanctuary Mineral means clay, stone, sand, resource is defined at § 922.201(a). gravel, metalliferous ore, non-metallif- Secretary means the Secretary of the erous ore, or any other solid material United States Department of Com- or other matter of commercial value. merce, or designee. National historic landmark means a Shunt means to discharge expended district, site, building, structure or ob- drilling cuttings and fluids near the ject designated as such by the Sec- ocean seafloor. retary of the Interior under the Na- State means each of the several tional Historic Landmarks Program (36 States, the District of Columbia, the CFR part 65). Commonwealth of Puerto Rico, the National Marine Sanctuary means an Commonwealth of the Northern Mar- area of the marine environment of spe- iana Islands, American Samoa, the cial national significance due to its re- United States Virgin Islands, Guam, source or human-use values, which is and any other commonwealth, terri- designated as such to ensure its con- tory, or possession of the United servation and management. States. Person means any private individual, Subsistence use means the customary partnership, corporation or other enti- and traditional use by rural residents ty; or any officer, employee, agent, de- of areas near or in the marine environ- partment, agency or instrumentality of ment for direct personal or family con- the Federal government, of any State sumption as food, shelter, fuel, cloth- or local unit of government, or of any ing, tools, or transportation; for the foreign government. making and selling of handicraft arti- Regional Fishery Management Council cles; and for barter, if for food or non- means any fishery council established edible items other than money, if the

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exchange is of a limited and non-com- is a party. No regulation shall apply to mercial nature. a person who is not a citizen, national, Take or taking means: (1) For any ma- or resident alien of the United States, rine mammal, sea turtle, or seabird unless in accordance with: listed as either endangered or threat- (a) Generally recognized principles of ened pursuant to the Endangered Spe- international law; cies Act, to harass, harm, pursue, hunt, (b) An agreement between the United shoot, wound, kill, trap, capture, col- States and the foreign state of which lect or injure, or to attempt to engage the person is a citizen; or in any such conduct; (2) For any other (c) An agreement between the United marine mammal, sea turtle, or seabird, States and the flag state of the foreign to harass, hunt, capture, kill, collect or vessel, if the person is a crew member injure, or to attempt to engage in any of the vessel. such conduct. For the purposes of both (1) and (2) of this definition, this in- Subpart B—Sanctuary Nomination cludes, but is not limited to, to collect any dead or injured marine mammal, Process sea turtle or seabird, or any part thereof; to restrain or detain any marine SOURCE: 79 FR 33860, June 13, 2014, unless mammal, sea turtle or seabird, or any otherwise noted. part thereof, no matter how temporarily; to tag any sea turtle, marine § 922.10 General. mammal or seabird; to operate a vessel (a) Nomination process. The sanctuary or aircraft or to do any other act that nomination process (see National Ma- results in the disturbance or molesta- rine Sanctuaries Web site tion of any marine mammal, sea turtle www.sanctuaries.noaa.gov) is the means or seabird. by which the public can submit areas Tropical fish means fish or minimal of the marine and Great Lakes environ- sport and food value, usually brightly ments for consideration by NOAA as a colored, often used for aquaria pur- national marine sanctuary. poses and which lives in a direct rela- (b) National significance criteria. The tionship with live bottom commu- Director will consider the following in nities. determining if a nominated area is of Vessel means a watercraft of any de- special national significance: scription capable of being used as a (1) The area’s natural resources and means of transportation in/on the ecological qualities are of special sig- waters of a Sanctuary. nificance and contribute to: Biological [60 FR 66877, Dec. 27, 1995, as amended at 62 productivity or diversity; maintenance FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, or enhancement of ecosystem structure 2000; 79 FR 33860, June 13, 2014; 84 FR 32601, and function; maintenance of eco- July 8, 2016] logically or commercially important species or species assemblages; mainte- § 922.4 Effect of National Marine Sanc- nance or enhancement of critical habi- tuary designation. tat, representative biogeographic as- The designation of a National Marine semblages, or both; or maintenance or Sanctuary, and the regulations imple- enhancement of connectivity to other menting it, are binding on any person ecologically significant resources. subject to the jurisdiction of the (2) The area contains submerged mar- United States. Designation does not itime heritage resources of special his- constitute any claim to territorial ju- torical, cultural, or archaeological sig- risdiction on the part of the United nificance, that: Individually or collec- States for designated sites beyond the tively are consistent with the criteria U.S. territorial sea, and the regula- of eligibility or listing on the National tions implementing the designation Register of Historic Places; have met shall be applied in accordance with or which would meet the criteria for generally recognized principles of designation as a National Historic international law, and in accordance Landmark; or have special or sacred with treaties, conventions, and other meaning to the indigenous people of agreements to which the United States the region or nation.

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(3) The area supports present and po- (d) Following evaluation of a nomi- tential economic uses, such as: Tour- nation against the national signifi- ism; commercial and recreational fish- cance criteria and management consid- ing; subsistence and traditional uses; erations, the Director may place nomi- diving; and other recreational uses nated areas in a publicly available in- that depend on conservation and man- ventory for future consideration of des- agement of the area’s resources. ignation as a national marine sanc- (4) The publicly-derived benefits of tuary. the area, such as aesthetic value, pub- (e) A determination that a site is eli- lic recreation, and access to places de- gible for national marine sanctuary pend on conservation and management designation, by itself shall not subject of the area’s resources. the site to any regulatory control (c) Management considerations. The under the Act. Such controls may only Director will consider the following in be imposed after designation. determining the manageability of a nominated area: § 922.11 Selection of nominated areas (1) The area provides or enhances op- for national marine sanctuary des- portunities for research in marine ignation. science, including marine archaeology. (a) The Director may select a nomi- (2) The area provides or enhances op- nated area from the inventory for fu- portunities for education, including the ture consideration as a national ma- understanding and appreciation of the rine sanctuary. marine and Great Lakes environments. (b) Selection of a nominated area (3) Adverse impacts from current or from the inventory shall begin the for- future uses and activities threaten the mal sanctuary designation process. A area’s significance, values, qualities, notice of intent to prepare a draft envi- and resources. ronmental impact statement shall be (4) A national marine sanctuary published in the FEDERAL REGISTER would provide unique conservation and and posted on the Office of National management value for this area that Marine Sanctuaries Web site. Any des- also have beneficial values for adjacent ignation process will follow the proce- areas. dures for designation and implementa- (5) The existing regulatory and man- tion set forth in section 304 of the Act. agement authorities for the area could be supplemented or complemented to Subpart C—Designation of meet the conservation and manage- National Marine Sanctuaries ment goals for the area. (6) There are commitments or pos- § 922.20 Standards and procedures for sible commitments for partnerships op- designation. portunities such as cost sharing, office In designating a National Marine space or exhibit space, vessel time, or Sanctuary, the Secretary shall apply other collaborations to aid conserva- the standards and procedures set forth tion or management programs for the in section 303 and section 304 of the area. Act. (7) There is community-based support for the nomination expressed by a § 922.21 [Reserved] broad range of interests, such as: Indi- viduals or locally-based groups (e.g., § 922.22 Development of designation friends of group, chamber of com- materials. merce); local, tribal, state, or national (a) In designating a National Marine agencies; elected officials; or topic- Sanctuary, the Secretary shall prepare based stakeholder groups, at the local, the designation materials described in regional or national level (e.g., a local section 304 of the Act. chapter of an environmental organiza- (b) If a proposed Sanctuary includes tion, a regionally-based fishing group, waters within the exclusive economic a national-level recreation or tourism zone, the Secretary shall notify the ap- organization, academia or science- propriate Regional Fishery Manage- based group, or an industry associa- ment Council(s) which shall have one tion). hundred and twenty (120) days from the

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date of such notification to make rec- grams as are necessary and reasonable ommendations and, if appropriate, pre- to carry out the purposes and policies pare draft fishery regulations and to of the Act. submit them to the Secretary. In pre- (b) Consistent with Sanctuary man- paring its recommendations and draft agement plans, the Secretary shall de- regulations, the Council(s) shall use as velop and implement site-specific con- guidance the national standards of sec- tingency and emergency-response plans tion 301(a) of the Magnuson Act (16 designed to protect Sanctuary re- U.S.C. 1851) to the extent that they are sources. The plans shall contain alert consistent and compatible with the procedures and actions to be taken in goals and objectives of the proposed the event of an emergency such as a Sanctuary designation. Fishery activi- shipwreck or an oil spill. ties not proposed for regulation under section 304(a)(5) of the Act may be list- § 922.31 Promotion and coordination ed in the draft Sanctuary designation of Sanctuary use. document as potentially subject to regulation, without following the proce- The Secretary shall take such action dures specified in section 304(a)(5) of as is necessary and reasonable to pro- the Act. If the Secretary subsequently mote and coordinate the use of Na- determines that regulation of any such tional Marine Sanctuaries for research, fishery activity is necessary, then the monitoring, and education purposes. procedures specified in section 304(a)(5) Such action may include consulting of the Act shall be followed. with Federal agencies, or other persons to promote use of one or more Sanc- § 922.23 [Reserved] tuaries for research, monitoring and § 922.24 Congressional documents. education, including coordination with the National Estuarine Research Re- In designating a National Marine serve System. Sanctuary, the Secretary shall prepare and submit to Congress those documents described in section 304 of the Subpart E—Regulations of General Act. Applicability

§ 922.25 Designation determination § 922.40 Purpose. and findings. The purpose of the regulations in this (a) In designating a National Marine subpart and in the site-specific sub- Sanctuary, the Secretary shall prepare parts in this part is to implement the a written Designation Determination designations of the National Marine and Findings which shall include those Sanctuaries by regulating activities af- findings and determinations described fecting them, consistent with their re- in section 303 of the Act. spective terms of designation in order (b) In addition to those factors set to protect, preserve and manage and forth in section 303 of the Act, the Sec- thereby ensure the health, integrity retary, when making a designation de- and continued availability of the con- termination, shall consider the Pro- servation, ecological, recreational, re- gram’s fiscal capability to manage the search, educational, historical and aes- area as a National Marine Sanctuary. thetic resources and qualities of these areas. Additional purposes of the regu- Subpart D—Management Plan lations implementing the designation Development and Implemen- of the Florida Keys and Hawaiian Is- tation lands Humpback Whale National Ma- rine Sanctuaries are found at §§ 922.160 § 922.30 General. and 922.180, respectively. (a) The Secretary shall implement each management plan, and applicable [84 FR 32601, July 8, 2019] regulations, including carrying out surveillance and enforcement activities § 922.41 Boundaries. and conducting such research, moni- The boundary for each of the Na- toring, evaluation, and education pro- tional Marine Sanctuaries is set forth

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in the site-specific regulations covered (5) Mallows Bay-Potomac River Na- by this part. tional Marine Sanctuary, § 922.204. [84 FR 32601, July 8, 2019] (6) [Reserved] [84 FR 32601, July 8, 2019] § 922.42 Allowed activities. All activities (e.g., fishing, boating, § 922.45 Penalties. diving, research, education) may be (a) Each violation of the NMSA or conducted unless prohibited or other- FKNMSPA, any regulation in this part, wise regulated in the site-specific regu- or any permit issued pursuant thereto, lations covered by this part, subject to is subject to a civil penalty of not more any emergency regulations promul- than $ 100,000. Each day of a continuing gated under this part, subject to all violation constitutes a separate viola- prohibitions, regulations, restrictions, tion. and conditions validly imposed by any (b) Regulations setting forth the pro- Federal, State, or local authority of cedures governing administrative pro- competent jurisdiction, including but ceedings for assessment of civil pen- not limited to, Federal, Tribal, and alties, permit sanctions, and denials State fishery management authorities, for enforcement reasons, issuance and and subject to the provisions of section use of written warnings, and release or 312 of the National Marine Sanctuaries forfeiture of seized property appear at Act (NMSA) (16 U.S.C. 1431 et seq.). The 15 CFR part 904. Assistant Administrator may only directly regulate fishing activities pursu- [60 FR 66877, Dec. 27, 1995, as amended at 62 ant to the procedure set forth in sec- FR 4607, Jan. 30, 1997] tion 304(a)(5) of the NMSA. § 922.46 Response costs and damages. [84 FR 32601, July 8, 2019] Under section 312 of the Act, any per- § 922.43 Prohibited or otherwise regu- son who destroys, causes the loss of, or lated activities. injures any Sanctuary resource is liable to the United States for response The site-specific regulations applica- costs and damages resulting from such ble to the activities specified therein destruction, loss or injury, and any are set forth in the subparts covered by vessel used to destroy, cause the loss this part. of, or injure any Sanctuary resource is [84 FR 32601, July 8, 2019] liable in rem to the United States for response costs and damages resulting § 922.44 Emergency regulations. from such destruction, loss or injury. (a) Where necessary to prevent or minimize the destruction of, loss of, or § 922.47 Pre-existing authorizations or injury to a Sanctuary resource or qual- rights and certifications of pre-ex- ity, or minimize the imminent risk of isting authorizations or rights. such destruction, loss, or injury, any (a) Leases, permits, licenses, or and all such activities are subject to rights of subsistence use or access in immediate temporary regulation, in- existence on the date of designation of cluding prohibition. any National Marine Sanctuary shall (b) The provisions of this section do not be terminated by the Director. The not apply to the following national ma- Director may, however, regulate the rine sanctuaries with site-specific reg- exercise of such leases, permits, li- ulations that establish procedures for censes, or rights consistent with the issuing emergency regulations: purposes for which the Sanctuary was (1) Cordell Bank National Marine designated. Sanctuary, § 922.112(e). (b) The prohibitions listed in sub- (2) Florida Keys National Marine parts F through P and R through T of Sanctuary, § 922.165. this part do not apply to any activity (3) Hawaiian Islands Humpback authorized by a valid lease, permit, li- Whale National Marine Sanctuary, cense, approval or other authorization § 922.185. in existence on the effective date of (4) Thunder Bay National Marine Sanctuary designation, or in the case Sanctuary, § 922.196. of the Florida Keys National Marine

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Sanctuary the effective date of the reg- (1) A detailed description of the pro- ulations in subpart P, and issued by posed activity including a timetable any Federal, State or local authority for completion; of competent jurisdiction, or by any (2) The equipment, personnel and valid right of subsistence use or access methodology to be employed; in existence on the effective date of (3) The qualifications and experience Sanctuary designation, or in the case of all personnel; of the Florida Keys National Marine (4) The potential effects of the activ- Sanctuary the effective date of the reg- ity, if any, on Sanctuary resources and ulations in subpart P, provided that qualities; and the holder of such authorization or right complies with certification proce- (5) Copies of all other required li- dures and criteria promulgated at the censes, permits, approvals or other au- time of Sanctuary designation, or in thorizations. the case of the Florida Keys National (c) Upon receipt of an application, Marine Sanctuary the effective date of the Director may request such addi- the regulations in subpart P, and with tional information from the applicant any terms and conditions on the exer- as he or she deems necessary to act on cise of such authorization or right im- the application and may seek the views posed by the Director as a condition of of any persons or entity, within or out- certification as the Director deems side the Federal government, and may necessary to achieve the purposes for hold a public hearing, as deemed appro- which the Sanctuary was designated. priate. [60 FR 66877, Dec. 27, 1995, as amended at 62 (d) The Director, at his or her discre- FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, tion, may issue a permit, subject to 2000; 84 FR 32601, July 8, 2019] such terms and conditions as he or she deems appropriate, to conduct a pro- § 922.48 National Marine Sanctuary hibited activity, in accordance with permits—application procedures and issuance criteria. the criteria found in subparts F through O of this part, or subparts R (a) A person may conduct an activity through T of this part, as appropriate. prohibited by subparts F through O and S and T of this part, if conducted in ac- The Director shall further impose, at a cordance with the scope, purpose, minimum, the conditions set forth in terms and conditions of a permit issued the relevant subpart. under this section and subparts F (e) A permit granted pursuant to this through O and S and T, as appropriate. section is nontransferable. For the Florida Keys National Marine (f) The Director may amend, suspend, Sanctuary, a person may conduct an or revoke a permit issued pursuant to activity prohibited by subpart P of this this section for good cause. The Direc- part if conducted in accordance with tor may deny a permit application pur- the scope, purpose, terms and condi- suant to this section, in whole or in tions of a permit issued under § 922.166. part, if it is determined that the per- For the Thunder Bay National Marine mittee or applicant has acted in viola- Sanctuary and Underwater Preserve, a tion of the terms and conditions of a person may conduct an activity prohib- permit or of the regulations set forth ited by subpart R of this part in ac- in this section or subparts F through O cordance with the scope, purpose, of this part, or subparts R through T of terms and conditions of a permit issued this part or for other good cause. Any under § 922.195. such action shall be communicated in (b) Applications for permits to con- writing to the permittee or applicant duct activities otherwise prohibited by by certified mail and shall set forth the subparts F through O and S and T of this part, should be addressed to the reason(s) for the action taken. Proce- Director and sent to the address speci- dures governing permit sanctions and fied in subparts F through O of this denials for enforcement reasons are set part, or subparts R through T of this forth in subpart D of 15 CFR part 904. part, as appropriate. An application [84 FR 32601, July 8, 2019] must include:

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§ 922.49 Notification and review of ap- as he or she deems reasonably nec- plications for leases, licenses, per- essary to determine whether to object mits, approvals, or other authoriza- to issuance of an authorization de- tions to conduct a prohibited activ- scribed in paragraph (a) of this section, ity. or what terms and conditions are rea- (a) A person may conduct an activity sonably necessary to protect Sanc- prohibited by subparts L through P of tuary resources and qualities. The in- this part, or subparts R through T of formation requested must be received this part, if such activity is specifically by the Director within 45 days of the authorized by any valid Federal, State, postmark date of the request. The Di- or local lease, permit, license, ap- rector may seek the views of any per- proval, or other authorization issued sons on the application. after the effective date of Sanctuary (e) The Director shall notify, in writ- designation, or in the case of the Flor- ing, the agency to which application ida Keys National Marine Sanctuary has been made of his or her pending re- after the effective date of the regula- view of the application and possible ob- tions in subpart P, provided that: jection to issuance. Upon completion of (1) The applicant notifies the Direc- review of the application and informa- tor, in writing, of the application for tion received with respect thereto, the such authorization (and of any applica- Director shall notify both the agency tion for an amendment, renewal, or ex- and applicant, in writing, whether he tension of such authorization) within or she has an objection to issuance and fifteen (15) days of the date of filing of what terms and conditions he or she the application or the effective date of deems reasonably necessary to protect Sanctuary designation, or in the case Sanctuary resources and qualities, and of the Florida Keys National Marine reasons therefor. Sanctuary the effective date of the reg- (f) The Director may amend the ulations in subpart P, whichever is terms and conditions deemed reason- later; ably necessary to protect Sanctuary (2) The applicant complies with the resources and qualities whenever addi- other provisions of this section; tional information becomes available (3) The Director notifies the appli- justifying such an amendment. cant and authorizing agency that he or (g) Any time limit prescribed in or she does not object to issuance of the established under this section may be authorization (or amendment, renewal, extended by the Director for good or extension); and cause. (4) The applicant complies with any (h) The applicant may appeal any ob- terms and conditions the Director jection by, or terms or conditions im- deems reasonably necessary to protect posed by, the Director to the Assistant Sanctuary resources and qualities. Administrator or designee in accord- (b) Any potential applicant for an au- ance with the provisions of § 922.50. thorization described in paragraph (a) [62 FR 4608, Jan. 30, 1997, as amended at 65 of this section may request the Direc- FR 39056, June 22, 2000; 84 FR 32602, July 8, tor to issue a finding as to whether the 2019] activity for which an application is intended to be made is prohibited by sub- § 922.50 Appeals of administrative ac- parts L through P of this part, or sub- tion. parts R through T of this part, as ap- (a)(1) Except for permit actions propriate. taken for enforcement reasons (see sub- (c) Notification of filings of applica- part D of 15 CFR part 904 for applicable tions should be sent to the Director, procedures), an applicant for, or a hold- Office of National Marine Sanctuaries er of, a National Marine Sanctuary per- at the address specified in subparts L mit; an applicant for, or a holder of, a through P of this part, or subparts R Special Use permit issued pursuant to through T of this part, as appropriate. section 310 of the Act; a person request- A copy of the application must accom- ing certification of an existing lease, pany the notification. permit, license or right of subsistence (d) The Director may request addi- use or access under § 922.47; or, for tional information from the applicant those Sanctuaries described in subparts

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L through P and R through T of this Sanctuaries, the Assistant Adminis- part, an applicant for a lease, permit, trator may determine whether to hold license or other authorization issued an informal hearing on the appeal. If by any Federal, State, or local author- the Assistant Administrator deter- ity of competent jurisdiction (herein- mines that an informal hearing should after appellant) may appeal to the As- be held, the Assistant Administrator sistant Administrator: may designate an officer before whom (i) The granting, denial, condi- the hearing shall be held. tioning, amendment, suspension or rev- (2) The hearing officer shall give no- ocation by the Director of a National tice in the FEDERAL REGISTER of the Marine Sanctuary or Special Use per- time, place and subject matter of the mit; hearing. The appellant and the Direc- (ii) The conditioning, amendment, suspension or revocation of a certifi- tor may appear personally or by coun- cation under § 922.47; or sel at the hearing and submit such ma- (iii) For those Sanctuaries described terial and present such arguments as in subparts L through P and R through deemed appropriate by the hearing offi- T of this part, the objection to issuance cer. Within 60 days after the record for of or the imposition of terms and con- the hearing closes, the hearing officer ditions on a lease, permit, license or shall recommend a decision in writing other authorization issued by any Fed- to the Assistant Administrator. eral, State, or local authority of com- (d) The Assistant Administrator shall petent jurisdiction. decide the appeal using the same regu- (2) For those National Marine Sanc- latory criteria as for the initial deci- tuaries described in subparts F through sion and shall base the appeal decision K and S and T of this part, any inter- on the record before the Director and ested person may also appeal the same any information submitted regarding actions described in paragraphs (a)(1)(i) the appeal, and, if a hearing has been and (ii) of this section. For appeals held, on the record before the hearing arising from actions taken with respect officer and the hearing officer’s rec- to these National Marine Sanctuaries, ommended decision. The Assistant Ad- the term ‘‘appellant’’ includes any such ministrator shall notify the appellant interested persons. of the final decision and the reason(s) (b) An appeal under paragraph (a) of therefore in writing. The Assistant Ad- this section must be in writing, state ministrator’s decision shall constitute the action(s) by the Director appealed and the reason(s) for the appeal, and be final agency action for the purpose of received within 30 days of receipt of no- the Administrative Procedure Act. tice of the action by the Director. Ap- (e) Any time limit prescribed in or peals should be addressed to the Assist- established under this section other ant Administrator for Ocean Services than the 30-day limit for filing an ap- and Coastal Zone Management, NOAA peal may be extended by the Assistant 1305 East-West Highway, 13th Floor, Administrator or hearing office for Silver Spring, MD 20910. good cause. (c)(1) The Assistant Administrator [84 FR 32602, July 8, 2019] may request the appellant to submit such information as the Assistant Ad- ministrator deems necessary in order Subpart F—Monitor National for him or her to decide the appeal. The Marine Sanctuary information requested must be received by the Assistant Administrator § 922.60 Boundary. within 45 days of the postmark date of The Monitor National Marine Sanc- the request. The Assistant Adminis- tuary (Sanctuary) consists of a vertical trator may seek the views of any other water column in the Atlantic Ocean persons. For the Monitor National Ma- one mile in diameter extending from rine Sanctuary, if the appellant has re- the surface to the seabed, the center of quested a hearing, the Assistant Ad- which is at 35°00′23″ north latitude and ministrator shall grant an informal 75°24′32″ west longitude. hearing. For all other National Marine

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§ 922.61 Prohibited or otherwise regu- (c) In considering whether to grant a lated activities. permit for the conduct of a permitted Except as may be permitted by the activity for the purpose of research re- Director, the following activities are lated to the Monitor, the Secretary prohibited and thus are unlawful for shall evaluate such matters as: any person to conduct or to cause to be (1) The general professional and fi- conducted within the Sanctuary: nancial responsibility of the applicant; (a) Anchoring in any manner, stop- (2) The appropriateness of the re- ping, remaining, or drifting without search method(s) envisioned to the pur- power at any time; pose(s) of the research; (b) Any type of subsurface salvage or (3) The extent to which the conduct recovery operation; of any permitted activity may dimin- (c) Diving of any type, whether by an ish the value of the MONITOR as a individual or by a submersible; source of historic, cultural, aesthetic (d) Lowering below the surface of the and/or maritime information; water any grappling, suction, con- (4) The end value of the research en- veyor, dredging or wrecking device; visioned; and (e) Detonating below the surface of (5) Such other matters as the Direc- the water any explosive or explosive tor deems appropriate. mechanism; (d) In considering whether to grant a (f) Drilling or coring the seabed; permit for the conduct of a permitted (g) Lowering, laying, positioning or activity in the Sanctuary in relation to raising any type of seabed cable or an air or marine casualty, the Director cable-laying device; shall consider such matters as: (h) Trawling; or (1) The fitness of the applicant to do (i) Discharging waster material into the work envisioned; the water in violation of any Federal (2) The necessity of conducting such statute or regulation. activity; (3) The appropriateness of any activ- § 922.62 Permit procedure and criteria. ity envisioned to the purpose of the (a) Any person or entity may conduct entry into the Sanctuary; in the Sanctuary any activity listed in (4) The extent to which the conduct § 922.61 if such activity is either: of any such activity may diminish the (1) For the purpose of research re- value of the Monitor as a source of his- lated to the Monitor, or toric, cultural, aesthetic and/or mari- (2) Pertains to salvage or recovery time information; and operations in connection with an air or (5) Such other matters as the Direc- marine casualty and such person or en- tor deems appropriate. tity is in possession of a valid permit (e) In considering any application issued by the Director authorizing the submitted pursuant to this section, the conduct of such activity; except that, Director shall seek and consider the no permit is required for the conduct of views of the Advisory Council on His- any activity immediately and urgently toric Preservation. necessary for the protection of life, (f) The Director may observe any ac- property or the environment. tivity permitted by this section; and/or (b) Any person or entity who wishes may require the submission of one or to conduct in the Sanctuary an activ- more reports of the status or progress ity for which a permit is authorized by of such activity. this section (hereafter a permitted activity) may apply in writing to the Di- rector for a permit to conduct such ac- Subpart G—Channel Islands tivity citing this section as the basis National Marine Sanctuary for the application. Such application should be made to: Director, Office of § 922.70 Boundary. Ocean and Coastal Resource Manage- The Channel Islands National Marine ment; ATTN: Manager, Monitor Na- Sanctuary (Sanctuary) consists of an tional Marine Sanctuary, Building 1519, area of approximately 1,110 square nau- NOAA, Fort Eustis, VA 23604–5544. tical miles (nmi) of coastal and ocean

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waters, and the submerged lands there- cudas (Sphyraena spp.), billfishes (fam- under, off the southern coast of Cali- ily Istiophoridae), dolphinfish fornia. The Sanctuary boundary begins (Coryphaena hippurus), Pacific herring at the Mean High Water Line of and ex- (Clupea pallasi), jack mackerel tends seaward to a distance of approxi- (Trachurus symmetricus), Pacific mack- mately six nmi from the following is- erel (Scomber japonicus), salmon lands and offshore rocks: San Miguel (Oncorhynchus spp.), Pacific sardine Island, Santa Cruz Island, Santa Rosa (Sardinops sagax), blue shark (Prionace Island, Anacapa Island, Santa Barbara glauca), salmon shark (Lamna ditropis), Island, Richardson Rock, and Castle shortfin mako shark (Isurus Rock (the Islands). The seaward bound- oxyrinchus), thresher sharks (Alopias ary coordinates are listed in appendix spp.), swordfish (Xiphias gladius), tunas A to this subpart. (family Scombridae), and yellowtail (Seriola lalandi). [74 FR 3260, Jan. 16, 2009] Stowed and not available for immediate § 922.71 Definitions. use means not readily accessible for immediate use, e.g., by being securely In addition to those definitions found covered and lashed to a deck or bulk- at 15 CFR 922.3, the following defini- head, tied down, unbaited, unloaded, or tions apply to this subpart: partially disassembled (such as spear Cruise ship means a vessel with 250 or shafts being kept separate from spear more passenger berths for hire. guns). Graywater means galley, bath, or shower water. [74 FR 3260, Jan. 16, 2009] Introduced species means any species (including but not limited to any of its § 922.72 Prohibited or otherwise regu- biological matter capable of propaga- lated activities—Sanctuary-wide. tion) that is non-native to the eco- (a) Except as specified in paragraphs systems of the Sanctuary; or any orga- (b) through (e) of this section, the fol- nism into which altered genetic mat- lowing activities are prohibited and ter, or genetic matter from another thus unlawful for any person to con- species, has been transferred in order duct or cause to be conducted: that the host organism acquires the ge- (1) Exploring for, developing, or pro- netic traits of the transferred genes. ducing hydrocarbons within the Sanc- Motorized personal watercraft means a tuary, except pursuant to leases exe- vessel, usually less than 16 feet in cuted prior to March 30, 1981, and ex- length, which uses an inboard, internal cept the laying of pipeline pursuant to combustion engine powering a water exploring for, developing, or producing jet pump as its primary source of pro- hydrocarbons. pulsion. The vessel is intended to be (2) Exploring for, developing, or pro- operated by a person or persons sitting, ducing minerals within the Sanctuary, standing or kneeling on the vessel, except producing by-products inci- rather than within the confines of the dental to hydrocarbon production al- hull. The length is measured from end lowed by paragraph (a)(1) of this sec- to end over the deck excluding sheer, tion. meaning a straight line measurement (3)(i) Discharging or depositing from of the overall length from the foremost within or into the Sanctuary any ma- part of the vessel to the aftermost part terial or other matter except: of the vessel, measured parallel to the (A) Fish, fish parts, or chumming centerline. Bow sprits, bumpkins, rud- materials (bait) used in or resulting ders, outboard motor brackets, and from lawful fishing activity within the similar fittings or attachments, are Sanctuary, provided that such dis- not included in the measurement. charge or deposit is during the conduct Length is stated in feet and inches. of lawful fishing activity within the Oceangoing ship means a private, Sanctuary; commercial, government, or military (B) For a vessel less than 300 gross vessel of 300 gross registered tons or registered tons (GRT), or an ocean- more, not including cruise ships. going ship without sufficient holding Pelagic finfish are defined as: North- tank capacity to hold sewage while ern anchovy (Engraulis mordax), barra- within the Sanctuary, biodegradable

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effluent generated incidental to vessel (v) Explore for, develop, or produce use by an operable Type I or II marine hydrocarbons as allowed by paragraph sanitation device (U.S. Coast Guard (a)(1) of this section. classification) approved in accordance (5) Abandoning any structure, mate- with section 312 of the Federal Water rial, or other matter on or in the sub- Pollution Control Act, as amended, merged lands of the Sanctuary. (FWPCA), 33 U.S.C. 1321 et seq. Vessel (6) Except to transport persons or operators must lock all marine sanita- supplies to or from any Island, oper- tion devices in a manner that prevents ating within one nmi of any Island any discharge or deposit of untreated sew- vessel engaged in the trade of carrying age; cargo, including, but not limited to, (C) Biodegradable matter from: tankers and other bulk carriers and (1) Vessel deck wash down; barges, any vessel engaged in the trade of servicing offshore installations, or (2) Vessel engine cooling water; any vessel of three hundred gross reg- (3) Graywater from a vessel less than istered tons or more, except fishing or 300 gross registered tons; kelp harvesting vessels. (4) Graywater from an oceangoing (7) Disturbing marine mammals or ship without sufficient holding tank seabirds by flying motorized aircraft at capacity to hold graywater while with- less than 1,000 feet over the waters in the Sanctuary; within one nautical mile of any Island, (D) Vessel engine or generator ex- except to engage in kelp bed surveys or haust; to transport persons or supplies to or (E) Effluent routinely and nec- from an Island. Failure to maintain a essarily discharged or deposited inci- minimum altitude of 1,000 feet above dental to hydrocarbon exploration, de- ground level over such waters is pre- velopment, or production allowed by sumed to disturb marine mammals or paragraph (a)(1) of this section; or seabirds. (F) Discharge allowed under section (8) Moving, removing, injuring, or 312(n) of the FWPCA. possessing, or attempting to move, re- (ii) Discharging or depositing from move, injure, or possess a Sanctuary beyond the boundary of the Sanctuary historical resource. any material or other matter that sub- (9) Taking any marine mammal, sea sequently enters the Sanctuary and in- turtle, or seabird within or above the jures a Sanctuary resource or quality, Sanctuary, except as authorized by the except those listed in paragraphs Marine Mammal Protection Act, as (a)(3)(i)(B) through (F) of this section amended, (MMPA), 16 U.S.C. 1361 et and fish, fish parts, or chumming mate- seq., Endangered Species Act, as rials (bait) used in or resulting from amended, (ESA), 16 U.S.C. 1531 et seq., lawful fishing activity beyond the Migratory Bird Treaty Act, as amend- boundary of the Sanctuary, provided ed, (MBTA), 16 U.S.C. 703 et seq., or any that such discharge or deposit is during regulation, as amended, promulgated the conduct of lawful fishing activity under the MMPA, ESA, or MBTA. (10) Possessing within the Sanctuary there. (regardless of where taken from, (4) Drilling into, dredging, or other- moved, or removed from) any marine wise altering the submerged lands of mammal, sea turtle, or seabird, except the Sanctuary; or constructing or plac- as authorized by the MMPA, ESA, ing any structure, material, or other MBTA, or any regulation, as amended, matter on or in the submerged lands of promulgated under the MMPA, ESA, or the Sanctuary, except as incidental to MBTA. and necessary to: (11) Marking, defacing, damaging, (i) Anchor a vessel; moving, removing, or tampering with (ii) Install an authorized naviga- any sign, notice, or placard, whether tional aid; temporary or permanent, or any monu- (iii) Conduct lawful fishing activity; ment, stake, post, or other boundary (iv) Lay pipeline pursuant to explor- marker related to the Sanctuary. ing for, developing, or producing hydro- (12) Introducing or otherwise releas- carbons; or ing from within or into the Sanctuary

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an introduced species, except striped resource or quality that were not ad- bass (Morone saxatilis) released during dressed in the FMP/FEIS. catch and release fishing activity. (3) In the event of destruction of, loss (13) Operating a motorized personal of, or injury to a Sanctuary resource or watercraft within waters of the Sanc- quality resulting from an incident, in- tuary that are coextensive with the cluding, but not limited to, discharges, Channel Islands National Park, estab- deposits, and groundings, caused by a lished by 16 U.S.C. 410(ff). DOD activity, DOD, in coordination (b)(1) The prohibitions in paragraphs with the Director, must promptly pre- (a)(3) through (13) of this section and in vent and mitigate further damage and § 922.73 do not apply to military activi- must restore or replace the Sanctuary ties carried out by DOD as of the effec- resource or quality in a manner ap- tive date of these regulations and spe- proved by the Director. cifically identified in section 3.5.9 (De- (4) All DOD activities must be carried partment of Defense Activities) of the out in a manner that avoids to the Final Channel Islands National Marine maximum extent practicable any ad- Sanctuary Management Plan/Final En- verse impacts on Sanctuary resources vironmental Impact Statement (FMP/ and qualities. FEIS), Volume II: Environmental Im- (c) The prohibitions in paragraphs pact Statement, 2008, authored and (a)(3) through (10), (a)(12), and (a)(13) of published by NOAA (‘‘pre-existing ac- this section and in § 922.73 do not apply tivities’’). Copies of the document are to any activity conducted under and in available from the Channel Islands Na- accordance with the scope, purpose, tional Marine Sanctuary, 113 Harbor terms, and conditions of a National Way, Santa Barbara, CA 93109. Other Marine Sanctuary permit issued pursu- military activities carried out by DOD ant to 15 CFR 922.48 and 922.74. may be exempted by the Director after (d) The prohibitions in paragraphs consultation between the Director and (a)(3) through (11) and (a)(13) of this DOD. section and in § 922.73 do not apply to (2) A military activity carried out by any activity necessary to respond to an DOD as of the effective date of these emergency threatening life, property, regulations and specifically identified or the environment. in the section entitled ‘‘Department of (e) The prohibitions in paragraphs Defense Activities’’ of the FMP/FEIS is (a)(3) through (11) and (a)(13) of this not considered a pre-existing activity section and in § 922.73 do not apply to if: any activity necessary for valid law en- (i) It is modified in such a way that forcement purposes in the Sanctuary. requires the preparation of an environmental assessment or environmental [74 FR 3260, Jan. 16, 2009, as amended at 77 impact statement under the National FR 3922, Jan. 26, 2012] Environmental Policy Act, 42 U.S.C. 4321 et seq., relevant to a Sanctuary re- § 922.73 Additional prohibited or oth- source or quality; erwise regulated activities—marine (ii) It is modified, including but not reserves and marine conservation area. limited to changes in location or frequency, in such a way that its possible (a) Marine reserves. Unless prohibited adverse effects on Sanctuary resources by 50 CFR part 660 (Fisheries off West or qualities are significantly greater Coast States), the following activities than previously considered for the un- are prohibited and thus unlawful for modified activity; any person to conduct or cause to be (iii) It is modified, including but not conducted within a marine reserve de- limited to changes in location or fre- scribed in appendix B to this subpart, quency, in such a way that its possible except as specified in paragraphs (b) adverse effects on Sanctuary resources through (e) of § 922.72: or qualities are significantly different (1) Harvesting, removing, taking, in- in manner than previously considered juring, destroying, collecting, moving, for the unmodified activity; or or causing the loss of any Sanctuary (iv) There are new circumstances or resource, or attempting any of these information relevant to a Sanctuary activities.

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(2) Possessing fishing gear on board a connection with a recent air or marine vessel unless such gear is stowed and casualty; not available for immediate use. (4) Will assist in managing the Sanc- (3) Possessing any Sanctuary re- tuary; or source, except legally harvested fish on (5) Will further salvage or recovery board a vessel at anchor or in transit. operations in connection with an aban- (b) Marine conservation area. Unless doned shipwreck in the Sanctuary title prohibited by 50 CFR part 660 (Fish- to which is held by the State of Cali- eries off West Coast States), the fol- fornia. lowing activities are prohibited and (c) The Director may not issue a per- thus unlawful for any person to con- mit under § 922.48 and this section un- duct or cause to be conducted within less the Director also finds that: the marine conservation area described (1) The proposed activity will have at in appendix C to this subpart, except as most short-term and negligible adverse specified in paragraphs (b) through (e) effects on Sanctuary resources and of § 922.72: qualities; (1) Harvesting, removing, taking, in- (2) The applicant is professionally juring, destroying, collecting, moving, qualified to conduct and complete the or causing the loss of any Sanctuary proposed activity; resource, or attempting any of these (3) The applicant has adequate finan- activities, except: cial resources available to conduct and (i) Recreational fishing for pelagic complete the proposed activity; finfish; or (4) The duration of the proposed ac- (ii) Commercial and recreational tivity is no longer than necessary to fishing for lobster. achieve its stated purpose; (2) Possessing fishing gear on board a (5) The methods and procedures pro- vessel, except legal fishing gear used to posed by the applicant are appropriate fish for lobster or pelagic finfish, un- to achieve the goals of the proposed ac- less such gear is stowed and not avail- tivity, especially in relation to the po- able for immediate use. tential effects of the proposed activity (3) Possessing any Sanctuary re- on Sanctuary resources and qualities; source, except legally harvested fish. (6) The proposed activity will be con- [74 FR 3260, Jan. 16, 2009] ducted in a manner compatible with the primary objective of protection of § 922.74 Permit procedures and Sanctuary resources and qualities, con- issuance criteria. sidering the extent to which the con- (a) A person may conduct an activity duct of the activity may diminish or prohibited by § 922.72(a)(3) through (10), enhance Sanctuary resources and (a)(12), and (a)(13), and § 922.73, if such qualities, any potential indirect, sec- activity is specifically authorized by, ondary, or cumulative effects of the ac- and conducted in accordance with the tivity, and the duration of such effects; scope, purpose, terms, and conditions (7) The proposed activity will be con- of, a permit issued under § 922.48 and ducted in a manner compatible with this section. the value of the Sanctuary as a source (b) The Director, at his or her sole of recreation and as a source of edu- discretion, may issue a permit, subject cational and scientific information, to terms and conditions as he or she considering the extent to which the deems appropriate, to conduct an ac- conduct of the activity may result in tivity prohibited by § 922.72(a)(3) conflicts between different users of the through (10), (a)(12), and (a)(13), and Sanctuary and the duration of such ef- § 922.73, if the Director finds that the fects; activity: (8) It is necessary to conduct the pro- (1) Is appropriate research designed posed activity within the Sanctuary; to further understanding of Sanctuary (9) The reasonably expected end value resources and qualities; of the proposed activity furthers Sanc- (2) Will further the educational value tuary goals and purposes and out- of the Sanctuary; weighs any potential adverse effects on (3) Will further salvage or recovery Sanctuary resources and qualities from operations in or near the Sanctuary in the conduct of the activity; and

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(10) Any other matters the Director Point Latitude (N) Longitude (W) deems appropriate do not make the 33 ...... 34.12519 ¥120.16076 issuance of a permit for the proposed 34 ...... 34.11008 ¥120.21190 activity inappropriate. 35 ...... 34.11128 ¥120.22707 (d) Applications. (1) Applications for 36 ...... 34.13632 ¥120.25292 ¥ permits should be addressed to the Di- 37 ...... 34.15341 120.28627 38 ...... 34.16408 ¥120.29310 rector, Office of National Marine Sanc- 39 ...... 34.17704 ¥120.30670 tuaries; ATTN: Manager, Channel Is- 40 ...... 34.20492 ¥120.30670 lands National Marine Sanctuary, 113 41 ...... 34.20492 ¥120.38830 42 ...... 34.20707 ¥120.41801 Harbor Way, Santa Barbara, CA 93109. 43 ...... 34.20520 ¥120.42859 (2) In addition to the information 44 ...... 34.19254 ¥120.46041 listed in § 922.48(b), all applications 45 ...... 34.20540 ¥120.50728 46 ...... 34.20486 ¥120.53987 must include information the Director 47 ...... 34.18182 ¥120.60041 needs to make the findings in para- 48 ...... 34.10208 ¥120.64208 graphs (b) and (c) of this section. 49 ...... 34.08151 ¥120.63894 (e) In addition to any other terms 50 ...... 34.05848 ¥120.62862 51 ...... 34.01940 ¥120.58567 and conditions that the Director deems 52 ...... 34.01349 ¥120.57464 appropriate, a permit issued pursuant 53 ...... 33.98698 ¥120.56582 to this section must require that the 54 ...... 33.95039 ¥120.53282 55 ...... 33.92694 ¥120.46132 permittee agree to hold the United 56 ...... 33.92501 ¥120.42170 States harmless against any claims 57 ...... 33.91403 ¥120.37585 arising out of the conduct of the per- 58 ...... 33.91712 ¥120.32506 59 ...... 33.90956 ¥120.30857 mitted activities. 60 ...... 33.88976 ¥120.29540 ¥ [74 FR 3260, Jan. 16, 2009] 61 ...... 33.84444 120.25482 62 ...... 33.83146 ¥120.22927 63 ...... 33.81763 ¥120.20284 APPENDIX A TO SUBPART G OF PART 64 ...... 33.81003 ¥120.18731 922—CHANNEL ISLANDS NATIONAL 65 ...... 33.79425 ¥120.13422 MARINE SANCTUARY BOUNDARY CO- 66 ...... 33.79379 ¥120.10207 67 ...... 33.79983 ¥120.06995 ORDINATES 68 ...... 33.81076 ¥120.04351 ¥ [Coordinates listed in this appendix are 69 ...... 33.81450 120.03158 70 ...... 33.84125 ¥119.96508 unprojected (Geographic) and based on the 71 ...... 33.84865 ¥119.92316 North American Datum of 1983.] 72 ...... 33.86993 ¥119.88330 73 ...... 33.86195 ¥119.88330 Point Latitude (N) Longitude (W) 74 ...... 33.86195 ¥119.80000 75 ...... 33.86110 ¥119.79017 ¥ 1 ...... 33.94138 119.27422 76 ...... 33.86351 ¥119.77130 ¥ 2 ...... 33.96776 119.25010 77 ...... 33.85995 ¥119.74390 ¥ 3 ...... 34.02607 119.23642 78 ...... 33.86233 ¥119.68783 ¥ 4 ...... 34.07339 119.25686 79 ...... 33.87330 ¥119.65504 5 ...... 34.10185 ¥119.29178 ¥ ¥ 80 ...... 33.88594 119.62617 6 ...... 34.11523 119.33040 81 ...... 33.88688 ¥119.59423 7 ...... 34.11611 ¥119.39120 82 ...... 33.88809 ¥119.58278 8 ...... 34.11434 ¥119.40212 83 ...... 33.89414 ¥119.54861 9 ...... 34.11712 ¥119.42896 84 ...... 33.90064 ¥119.51936 10 ...... 34.11664 ¥119.44844 85 ...... 33.90198 ¥119.51609 11 ...... 34.13389 ¥119.48081 ¥ 86 ...... 33.90198 ¥119.43311 12 ...... 34.13825 119.49198 ¥ 13 ...... 34.14784 ¥119.51194 87 ...... 33.90584 119.43311 ¥ 14 ...... 34.15086 ¥119.54670 88 ...... 33.90424 119.42422 ¥ 15 ...... 34.15450 ¥119.54670 89 ...... 33.90219 119.40730 ¥ 16 ...... 34.15450 ¥119.59170 90 ...... 33.90131 119.38373 ¥ 17 ...... 34.15142 ¥119.61254 91 ...... 33.90398 119.36333 18 ...... 34.13411 ¥119.66024 92 ...... 33.90635 ¥119.35345 19 ...... 34.14635 ¥119.69780 93 ...... 33.91304 ¥119.33280 20 ...... 34.15988 ¥119.76688 94 ...... 33.91829 ¥119.32206 21 ...... 34.15906 ¥119.77800 95 ...... 33.48250 ¥119.16874 22 ...... 34.15928 ¥119.79327 96 ...... 33.44235 ¥119.16797 23 ...... 34.16213 ¥119.80347 97 ...... 33.40555 ¥119.14878 24 ...... 34.16962 ¥119.83643 98 ...... 33.39059 ¥119.13283 25 ...... 34.17266 ¥119.85240 99 ...... 33.36804 ¥119.08891 26 ...... 34.17588 ¥119.88903 100 ...... 33.36375 ¥119.06803 27 ...... 34.17682 ¥119.93357 101 ...... 33.36241 ¥119.04812 28 ...... 34.17258 ¥119.95830 102 ...... 33.36320 ¥119.03670 29 ...... 34.13535 ¥120.01964 103 ...... 33.36320 ¥118.90879 30 ...... 34.13698 ¥120.04206 104 ...... 33.47500 ¥118.90879 31 ...... 34.12994 ¥120.08582 105 ...... 33.48414 ¥118.90712 32 ...... 34.12481 ¥120.11104 106 ...... 33.52444 ¥118.91492

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Point Latitude (N) Longitude (W) line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi 107 ...... 33.53834 ¥118.92271 State boundary. The boundary then follows 108 ...... 33.58616 ¥118.99540 the 3 nmi State boundary northwestward ¥ 109 ...... 33.59018 119.02374 until it intersects the line defined by con- 110 ...... 33.58516 ¥119.06745 111 ...... 33.58011 ¥119.08521 necting Point 4 and Point 5 with a straight 112 ...... 33.54367 ¥119.14460 line. At that intersection, the boundary ex- 113 ...... 33.51161 ¥119.16367 tends from the 3 nmi State boundary to Point 5 along a straight line. [72 FR 29233, May 24, 2007] TABLE B–2—HARRIS POINT (SAN MIGUEL APPENDIX B TO SUBPART G OF PART ISLAND) MARINE RESERVE 922—MARINE RESERVE BOUNDARIES Point Latitude Longitude

[Coordinates listed in this appendix are 1 ...... 34.20492 ° N 120.38830 ″ W unprojected (Geographic) and based on the 2 ...... 34.20492 ° N 120.30670 ″ W North American Datum of 1983.] 3 ...... 34.10260 ° N 120.30670 ″ W 4 ...... 34.15200 ° N 120.38830 ″ W B.1. RICHARDSON ROCK (SAN MIGUEL ISLAND) 5 ...... 34.20492 ° N 120.38830 ″ W MARINE RESERVE B.3. SOUTH POINT (SANTA ROSA ISLAND) The Richardson Rock Marine Reserve MARINE RESERVE (Richardson Rock) boundary is defined by the 3 nmi State boundary, the coordinates The South Point Marine Reserve (South provided in Table B–1, and the following tex- Point) boundary is defined by the 3 nmi tual description. State boundary, the coordinates provided in The Richardson Rock boundary extends Table B–3, and the following textual descrip- from Point 1 to Point 2 along a straight line. tion. It then extends from Point 2 to Point 3 along The South Point boundary extends from a straight line. The boundary then extends Point 1 to Point 2 along a straight line. It along a straight line from Point 3 to the 3 then extends along a straight line from nmi State boundary established under the Point 2 to the 3 nmi State boundary where a Submerged Lands Act (3 nmi State bound- line defined by connecting Point 2 and Point ary) where a line defined by connecting 3 with a straight line intersects the 3 nmi Point 3 and Point 4 with a straight line State boundary. The boundary follows the 3 intersects the 3 nmi State boundary. The nmi State boundary southeastward until it boundary then extends northwestward and intersects the line defined by connecting then eastward along the 3 nmi State bound- Point 4 and Point 5 along a straight line. At ary until it intersects the line defined by that intersection, the boundary extends from connecting Point 5 and Point 6 with a the 3 nmi State boundary to Point 5 along a straight line. At that intersection, the straight line. boundary extends from the 3 nmi SLA boundary to Point 6 along a straight line. TABLE B–3—SOUTH POINT (SANTA ROSA ISLAND) MARINE RESERVE TABLE B–1—RICHARDSON ROCK (SAN MIGUEL ISLAND) MARINE RESERVE Point Latitude Longitude ° ″ Point Latitude Longitude 1 ...... 33.84000 N 120.10830 W 2 ...... 33.84000 ° N 120.16670 ″ W ° ″ 1 ...... 34.17333 ° N 120.60483 ″ W 3 ...... 33.86110 N 120.16670 W ° ″ 2 ...... 34.17333 ° N 120.47000 ″ W 4 ...... 33.84700 N 120.10830 W ° ″ 3 ...... 34.12900 ° N 120.47000 ″ W 5 ...... 33.84000 N 120.10830 W 4 ...... 34.03685 ° N 120.52120 ″ W 5 ...... 34.03685 ° N 120.60483 ″ W B.4. GULL ISLAND (SANTA CRUZ ISLAND) ° ″ 6 ...... 34.17333 N 120.60483 W MARINE RESERVE The Gull Island Marine Reserve (Gull Is- B.2. HARRIS POINT (SAN MIGUEL ISLAND) land) boundary is defined by the 3 nmi State MARINE RESERVE boundary, the coordinates provided in Table The Harris Point Marine Reserve (Harris B–4, and the following textual description. Point) boundary is defined by the 3 nmi The Gull Island boundary extends from State boundary, the coordinates provided in Point 1 to Point 2 along a straight line. It Table B–2, and the following textual descrip- then extends along a straight line from tion. Point 2 to the 3 nmi State boundary where a The Harris Point boundary extends from line defined by connecting Point 2 and Point Point 1 to Point 2 along a straight line. It 3 with a straight line intersects the 3 nmi then extends along a straight line from State boundary. The boundary then follows Point 2 to the 3 nmi State boundary where a the 3 nmi State boundary westward until it

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intersects the line defined by connecting TABLE B–6—FOOTPRINT MARINE RESERVE Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from Point Latitude Longitude the 3 nmi State boundary to Point 5 along a 1 ...... 33.90198 ° N 119.43311 ″ W straight line. 2 ...... 33.90198 ° N 119.51609 ″ W 3 ...... 33.96120 ° N 119.51609 ″ W TABLE B–4—GULL ISLAND (SANTA CRUZ 4 ...... 33.95710 ° N 119.43311 ″ W ISLAND) MARINE RESERVE 5 ...... 33.90198 ° N 119.43311 ″ W

Point Latitude Longitude B.7. ANACAPA ISLAND MARINE RESERVE

1 ...... 33.86195 ° N 119.80000 ″ W The Anacapa Island Marine Reserve 2 ...... 33.86195 ° N 119.88330 ″ W (Anacapa Island) boundary is defined by the 3 ...... 33.92690 ° N 119.88330 ″ W 3 nmi State boundary, the coordinates pro- 4 ...... 33.90700 ° N 119.80000 ″ W vided in Table B–7, and the following textual 5 ...... 33.86195 ° N 119.80000 ″ W description. The Anacapa Island boundary extends from B.5. SCORPION (SANTA CRUZ ISLAND) MARINE Point 1 to Point 2 along a straight line. It RESERVE then extends to the 3 nmi State boundary where a line defined by connecting Point 2 The Scorpion Marine Reserve (Scorpion) and Pont 3 with a straight line intersects the boundary is defined by the 3 nmi State 3 nmi State boundary. The boundary follows boundary, the coordinates provided in Table the 3 nmi State boundary westward until it B–5, and the following textual description. intersects the line defined by connecting The Scorpion boundary extends from Point Point 4 and Point 5 with a straight line. At 1 to Point 2 along a straight line. It then ex- that intersection, the boundary extends from tends along a straight line from Point 2 to the 3 nmi State boundary to Point 5 along a the 3 nmi State boundary where a line de- straight line. fined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State TABLE B–7—ANACAPA ISLAND MARINE RESERVE boundary. The boundary then follows the 3 nmi State boundary westward until it inter- Point Latitude Longitude sects the line defined by connecting Point 4 and Point 5 with a straight line. At that 1 ...... 34.08330 ° N 119.41000 ″ W ° ″ intersection, the boundary extends from the 2 ...... 34.08330 N 119.35670 W 3 ...... 34.06450 ° N 119.35670 ″ W 3 nmi State boundary to Point 5 along a 4 ...... 34.06210 ° N 119.41000 ″ W straight line. 5 ...... 34.08330 ° N 119.41000 ″ W

TABLE B–5—SCORPION (SANTA CRUZ ISLAND) B.8. SANTA BARBARA ISLAND MARINE RESERVE MARINE RESERVE The Santa Barbara Island Marine Reserve Point Latitude Longitude (Santa Barbara) boundary is defined by the 3 nmi State boundary, the coordinates pro- 1 ...... 34.15450 ° N 119.59170 ″ W vided in Table B–8, and the following textual 2 ...... 34.15450 ° N 119.54670 ″ W description. ° ″ 3 ...... 34.10140 N 119.54670 W The Santa Barbara boundary extends from 4 ...... 34.10060 ° N 119.59170 ″ W Point 1 to Point 2 along a straight line. It 5 ...... 34.15450 ° N 119.59170 ″ W then extends along a straight line from Point 2 to the 3 nmi State boundary where a B.6. FOOTPRINT MARINE RESERVE line defined by connecting Point 2 and Point The Footprint Marine Reserve (Footprint) 3 with a straight line intersects the 3 nmi boundary is defined by the 3 nmi State State boundary. The boundary follows the 3 boundary, the coordinates provided in Table nmi State boundary northeastward until it B–6, and the following textual description. intersects the line defined by connecting The Footprint boundary extends from Point 4 and Point 5 with a straight line. At Point 1 to Point 2 along a straight line. It that intersection, the boundary extends from then extends along a straight line from the 3 nmi State boundary to Point 5 along a Point 2 to the 3 nmi State boundary where a straight line. The boundary then extends line defined by connecting Point 2 and Point from Point 5 to Point 6 along a straight line. 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 TABLE B–8—SANTA BARBARA ISLAND MARINE nmi State boundary northeastward and then RESERVE southeastward until it intersects the line defined by connecting Point 4 and Point 5 Point Latitude Longitude along a straight line. At that intersection, 1 ...... 33.36320 ° N 118.90879 ″ W the boundary extends from the 3 nmi State 2 ...... 33.36320 ° N 119.03670 ″ W boundary to Point 5 along a straight line. 3 ...... 33.41680 ° N 119.03670 ″ W

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TABLE B–8—SANTA BARBARA ISLAND MARINE submerged lands thereunder, sur- RESERVE—Continued rounding the Farallon Islands and Noonday Rock along the northern Point Latitude Longitude coast of California. The precise bound- 4 ...... 33.47500 ° N 118.97080 ″ W ary coordinates are listed in appendix 5 ...... 33.47500 ° N 118.90879 ″ W A to this subpart. ° ″ 6 ...... 33.36320 N 118.90879 W (b) The western boundary of the Sanctuary extends south from Point 1 [72 FR 29233, May 24, 2007] approximately 45 nautical miles (52 miles) to Point 2, which is the north- APPENDIX C TO SUBPART G OF PART western corner of Cordell Bank Na- 922—MARINE CONSERVATION AREA tional Marine Sanctuary (CBNMS). The BOUNDARY Sanctuary boundary then extends from C.1. ANACAPA ISLAND MARINE CONSERVATION Point 2 approximately 38 nautical AREA miles (43 miles) east along the northern The Anacapa Island Marine Conservation boundary of CBNMS to Point 3, which Area (AIMCA) boundary is defined by the 3 is approximately 6 nautical miles (7 nmi State boundary, the coordinates pro- miles) west of Bodega Head. From vided in Table C–1, and the following textual Point 3 the Sanctuary boundary con- description. tinues south and west to Points 4 The AIMCA boundary extends from Point 1 through 19 (in numerical sequence) and to Point 2 along a straight line. It then ex- is coterminous with the eastern bound- tends to the 3 nmi State boundary where a line defined by connecting Point 2 and Point ary of CBNMS. From Point 19 the 3 with a straight line intersects the 3 nmi Sanctuary boundary continues south State boundary. The boundary follows the 3 and east to Points 20 through 25 (in nu- nmi State boundary westward until it inter- merical sequence) until it intersects sects the line defined by connecting Point 4 the boundary for Monterey Bay Na- and Point 5 with a straight line. At that tional Marine Sanctuary (MBNMS) at intersection, the boundary extends from the Point 26. From Point 26 the Sanctuary 3 nmi State boundary to Point 5 along a boundary extends eastward and north- straight line. ward, coterminous with MBNMS, to TABLE C–1—ANACAPA ISLAND MARINE Points 27 through 33 (in numerical se- CONSERVATION AREA quence). From Point 33 the boundary proceeds along a straight line arc to- Point Latitude Longitude wards Point 34 until it intersects the 1 ...... 34.08330 ° N 119.44500 ″ W Mean High Water Line at Rocky Point, 2 ...... 34.08330 ° N 119.41000 ″ W California. From this intersection the 3 ...... 34.06210 ° N 119.41000 ″ W Sanctuary boundary follows the Mean 4 ...... 34.06300 ° N 119.44500 ″ W 5 ...... 34.08330 ° N 119.44500 ″ W High Water Line northward until it intersects the boundary for Point Reyes National Seashore approxi- [72 FR 29233, May 24, 2007; 72 FR 42317, Aug. 2, 2007] mately 0.7 nautical miles (0.8 miles) south and east of Bolinas Point in Marin County, California. The Sanc- Subpart H—Greater Farallones tuary boundary then approximates the National Marine Sanctuary boundary for Point Reyes National Seashore, as established at the time of SOURCE: 80 FR 13108, Mar. 12, 2015, unless designation of the Sanctuary, to the otherwise noted. intersection of the Point Reyes Na- EDITORIAL NOTE: Nomenclature changes to tional Seashore boundary and the subpart H appear at 80 FR 34048, June 15, Mean High Water Line approximately 2015. 0.13 nautical miles (0.15 miles) south and east of Duck Cove in Tomales Bay. § 922.80 Boundary. The Sanctuary boundary then follows (a) Greater Farallones National Ma- the Mean High Water Line along rine Sanctuary (Sanctuary) encom- Tomales Bay and up Lagunitas Creek passes an area of approximately 2,488 to the U.S. Highway 1 Bridge. Here the square nautical miles (3,295 square Sanctuary boundary crosses Lagunitas miles) of coastal and ocean waters, and Creek and follows the Mean High Water

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Line north to the Estero de San Anto- Approaching the Garcia River the nio and up the Estero to the tide gate boundary continues along the Mean at Valley Ford-Franklin School Road. High Water Line until it intersects a Here the Sanctuary boundary crosses straight line arc that passes through the Estero de San Antonio and pro- Points 43 and Point 44. At that inter- ceeds west and north following the section the boundary extends across Mean High Water Line to the Estero the river along the straight line arc to- Americano and up the Estero to the wards Point 44 until it intersects the bridge at Valley Ford-Estero Road. Mean High Water Line. The Sanctuary Here the Sanctuary boundary crosses boundary then continues north fol- the Estero Americano and proceeds lowing the Mean High Water Line until west and north following the Mean it intersects the rhumb line connecting High Water Line towards Salmon Point 45 and Point 46. From this inter- Creek. Approaching Salmon Creek the section the Sanctuary boundary con- boundary continues along the Mean tinues west along its northernmost ex- High Water Line until it intersects a tent to Point 46. The Sanctuary in- straight line arc that passes through cludes Bolinas Lagoon, Estero de San Points 35 and 36. From that intersec- Antonio (to the tide gate at Valley tion the boundary extends across the Ford-Franklin School Road) and Estero creek along the straight line arc to- Americano (to the bridge at Valley wards Point 36 until it again intersects Ford-Estero Road), as well as Bodega the Mean High Water Line. From this Bay, but does not include Bodega Har- intersection the boundary follows the bor, the Salmon Creek Estuary, the Mean High Water Line north towards Russian River Estuary, the Gualala the Russian River. Approaching the River Estuary, Arena Cove, or the Gar- Russian River the boundary continues cia River Estuary. Unless otherwise along the Mean High Water Line until specified, where the Sanctuary bound- it intersects a straight line arc that ary crosses a waterway, the Sanctuary passes through Points 37 and Point 38. excludes this waterway upstream of At that intersection the boundary ex- the crossing. tends across the river along the straight line arc towards Point 38 until § 922.81 Definitions. it again intersects the Mean High In addition to those definitions found Water Line. From this intersection the at § 922.3, the following definitions boundary follows the Mean High Water apply to this subpart: Line north towards the Gualala River. Attract or attracting means the con- Approaching the Gualala River the duct of any activity that lures or may boundary continues along the Mean lure any animal in the Sanctuary by High Water Line until it intersects a using food, bait, chum, dyes, decoys straight line arc that passes through (e.g., surfboards or body boards used as Points 39 and Point 40. At that inter- decoys), acoustics or any other means, section the boundary extends across except the mere presence of human the river along the straight line arc to- beings (e.g., swimmers, divers, boaters, wards Point 40 until it again intersects kayakers, surfers). the Mean High Water Line. From this Clean means not containing detect- intersection the boundary follows the able levels of harmful matter. Mean High Water Line north to Arena Cruise ship means a vessel with 250 or Cove in Mendocino County. Approach- more passenger berths for hire. ing Arena Cove the boundary continues Deserting means leaving a vessel along the Mean High Water Line until aground or adrift without notification it intersects a straight line arc that to the Director of the vessel going passes through Points 41 and Point 42. aground or becoming adrift within 12 At that intersection the boundary ex- hours of its discovery and developing tends across the cove along the and presenting to the Director a pre- straight line arc towards Point 42 until liminary salvage plan within 24 hours it again intersects the Mean High of such notification, after expressing or Water Line. From this intersection the otherwise manifesting intention not to boundary follows the Mean High Water undertake or to cease salvage efforts, Line north towards the Garcia River. or when the owner/operator cannot

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after reasonable efforts by the Director cial Wildlife Protection Zones are be reached within 12 hours of the ves- found in appendix C of this Subpart. sel’s condition being reported to authorities; or leaving a vessel at anchor § 922.82 Prohibited or otherwise regu- when its condition creates potential for lated activities. a grounding, discharge, or deposit and (a) The following activities are pro- the owner/operator fails to secure the hibited and thus are unlawful for any vessel in a timely manner. person to conduct or to cause to be Harmful matter means any substance, conducted within the Sanctuary: or combination of substances, that be- (1) Exploring for, developing, or pro- cause of its quantity, concentration, or ducing oil, gas or minerals. physical, chemical, or infectious char- (2) Discharging or depositing from acteristics may pose a present or po- within or into the Sanctuary, other tential threat to Sanctuary resources than from a cruise ship, any material or qualities, including but not limited or other matter except: to: Fishing nets, fishing line, hooks, (i) Fish, fish parts, chumming mate- fuel, oil, and those contaminants (re- rials or bait used in or resulting from gardless of quantity) listed pursuant to lawful fishing activities within the 42 U.S.C. 101(14) of the Comprehensive Sanctuary, provided that such dis- Environmental Response, Compensa- charge or deposit is during the conduct tion and Liability Act at 40 CFR 302.4. of lawful fishing activity within the Introduced species means any species Sanctuary; (including, but not limited to, any of (ii) For a vessel less than 300 gross its biological matter capable of propa- registered tons (GRT), or a vessel 300 gation) that is non-native to the eco- GRT or greater without sufficient hold- systems of the Sanctuary; or any orga- ing tank capacity to hold sewage while nism into which altered genetic mat- within the Sanctuary, clean effluent generated incidental to vessel use by ter, or genetic matter from another an operable Type I or II marine sanita- species, has been transferred in order tion device (U.S. Coast Guard classi- that the host organism acquires the ge- fication) that is approved in accord- netic traits of the transferred genes. ance with section 312 of the Federal Motorized personal watercraft means a Water Pollution Control Act, as vessel which uses an inboard motor amended (FWPCA), 33 U.S.C. 1322. Ves- powering a water jet pump as its pri- sel operators must lock all marine mary source of motive power and sanitation devices in a manner that which is designed to be operated by a prevents discharge or deposit of un- person sitting, standing, or kneeling on treated sewage; the vessel, rather than the conven- (iii) Clean vessel deck wash down, tional manner of sitting or standing in- clean vessel engine cooling water, side the vessel. clean vessel generator cooling water, Routine maintenance means cus- clean bilge water, or anchor wash; tomary and standard procedures for (iv) For a vessel less than 300 GRT or maintaining docks or piers. a vessel 300 GRT or greater without Seagrass means any species of marine sufficient holding capacity to hold angiosperms (flowering plants) that in- graywater while within the Sanctuary, habit portions of the submerged lands clean graywater as defined by section in the Sanctuary. Those species in- 312 of the FWPCA; clude, but are not limited to: Zostera (v) Vessel engine or generator ex- asiatica and Zostera marina. haust; or Special Wildlife Protection Zones are (vi) For a United States Coast Guard areas surrounding or adjacent to high vessel without sufficient holding tank abundance of white sharks, breeding capacity and without a Type I or II ma- pinnipeds (seals and sea lions) or high rine sanitation device, and operating abundance and high biological diver- within the designated area [2015 expan- sity of breeding birds that are suscep- sion area] defined in appendix G of this tible to human caused disturbance, in- subpart, sewage and non-clean cluding federally listed and specially graywater as defined by section 312 of protected species. Coordinates for Spe- the FWPCA generated incidental to

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vessel use, and ammunition, pyrotech- Marine Mammal Protection Act, as nics or other materials directly related amended, (MMPA), 16 U.S.C. 1361 et to search and rescue and live ammuni- seq., Endangered Species Act (ESA), as tion training activities conducted by amended, 16 U.S.C. 1531 et seq., Migra- United States Coast Guard vessels and tory Bird Treaty Act, as amended, aircraft in the designated areas defined (MBTA), 16 U.S.C. 703 et seq., or any in appendix G of this subpart. regulation, as amended, promulgated (3) Discharging or depositing from under the MMPA, ESA, or MBTA. within or into the Sanctuary any ma- (8) Possessing within the Sanctuary terial or other matter from a cruise (regardless of where taken, moved or ship except clean vessel engine cooling removed from), any marine mammal, water, clean vessel generator cooling sea turtle, or bird taken, except as au- water, vessel engine or generator ex- thorized by the MMPA, ESA, MBTA, haust, clean bilge water, or anchor by any regulation, as amended, pro- wash. mulgated under the MMPA, ESA, or (4) Discharging or depositing, from MBTA, or as necessary for valid law beyond the boundary of the Sanctuary, enforcement purposes. any material or other matter that sub- (9) Possessing, moving, removing, or sequently enters the Sanctuary and in- injuring, or attempting to possess, jures a Sanctuary resource or quality, move, remove or injure, a Sanctuary except for the material or other matter historical resource. excepted in paragraphs (a)(2)(i) through (10) Introducing or otherwise releas- (vi) and (a)(3) of this section. ing from within or into the Sanctuary (5) Constructing any structure other an introduced species, except: than a navigation aid on or in the sub- (i) Striped bass (Morone saxatilis) re- merged lands of the Sanctuary; placing leased during catch and release fishing or abandoning any structure on or in activity; or the submerged lands of the Sanctuary; (ii) Species cultivated by commercial or drilling into, dredging, or otherwise shellfish aquaculture activities in altering the submerged lands of the Tomales Bay pursuant to a valid lease, Sanctuary in any way, except: permit, license or other authorization (i) By anchoring vessels (in a manner issued by the State of California. not otherwise prohibited by this part Tomales Bay is defined in § 922.80. The (see paragraph (a)(16) of this section); coordinates for the northern terminus (ii) While conducting lawful fishing of Tomales Bay are listed in appendix C activities; to this subpart. (iii) Routine maintenance and con- (11) Disturbing marine mammals or struction of docks and piers on seabirds by flying motorized aircraft at Tomales Bay; or less than 1,000 feet over the waters (iv) Aquaculture activities conducted within any of the seven designated Spe- pursuant to a valid lease, permit, li- cial Wildlife Protection Zones de- cense or other authorization issued by scribed in appendix D to this subpart, the State of California. except transiting Zone 6 to transport (6) Operating motorized personal persons or supplies to or from South- watercraft (MPWC) anywhere in east Farallon Island authorized by the Bodega Bay and anywhere in the Sanc- U.S. Fish and Wildlife Service, tuary south of 38.29800 degrees North Farallon National Wildlife Refuge, or Latitude (the southernmost tip of for enforcement purposes. Failure to Bodega Head), except for emergency maintain a minimum altitude of 1,000 search and rescue missions or law en- feet above ground level over such forcement operations (other than rou- waters is presumed to disturb marine tine training activities) carried out by mammals or seabirds. the National Park Service, U.S. Coast (12) Operating any vessel engaged in Guard, Fire or Police Departments or the trade of carrying cargo within any other Federal, State or local jurisdic- area designated Special Wildlife Pro- tions. tection Zone or within one nautical (7) Taking any marine mammal, sea mile from these zones. The coordinates turtle, or bird within or above the are listed in appendix E to this sub- Sanctuary, except as authorized by the part. This includes but is not limited

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to tankers and other bulk carriers and 922.83 or a Special Use permit issued barges, or any vessel engaged in the pursuant to section 310 of the Act. trade of servicing offshore installa- [80 FR 13108, Mar. 12, 2015, as amended at 83 tions, except to transport persons or FR 55966, Nov. 9, 2018] supplies to or from the Farallon Is- lands. In no event shall this section be § 922.83 Permit procedures and construed to limit access for fishing, issuance criteria. recreational or research vessels. (a) A person may conduct an activity (13) Attracting a white shark any- prohibited by § 922.82(a)(2) through (9) where in the Sanctuary; or approach- and (a)(11) through (16) if such activity ing within 50 meters of any white is specifically authorized by, and con- shark within Special Wildlife Protec- ducted in accordance with the scope, tion Zone 6 and 7 or within one nau- purpose, terms and conditions of, a per- tical mile from these zones The coordi- mit issued under § 922.48 and this sec- nates are listed in appendix F to this tion. (b) The Director, at his or her discre- subpart. tion, may issue a National Marine (14) Deserting a vessel aground, at Sanctuary permit under this section, anchor, or adrift in the Sanctuary. subject to terms and conditions as he (15) Leaving harmful matter aboard a or she deems appropriate, if the Direc- grounded or deserted vessel in the tor finds that the activity will: Sanctuary. (1) Further research or monitoring (16) Anchoring a vessel in a des- related to Sanctuary resources and ignated seagrass protection zone in qualities; Tomales Bay, except as necessary for (2) Further the educational value of aquaculture operations conducted pur- the Sanctuary; suant to a valid lease, permit or li- (3) Further salvage or recovery oper- cense. The coordinates for the no-an- ations; or choring seagrass protection zones are (4) Assist in managing the Sanc- listed in Appendix B to this subpart. tuary. (17) Interfering with, obstructing, de- (c) In deciding whether to issue a per- laying, or preventing an investigation, mit, the Director shall consider factors such as: search, seizure, or disposition of seized (1) The applicant is qualified to con- property in connection with enforce- duct and complete the proposed activ- ment of the Act or any regulation or ity; permit issued under the Act. (2) The applicant has adequate finan- (b) All activities currently carried cial resources available to conduct and out by the Department of Defense complete the proposed activity; within the Sanctuary are essential for (3) The methods and procedures pro- the national defense and, therefore, not posed by the applicant are appropriate subject to the prohibitions in this sec- to achieve the goals of the proposed action. The exemption of additional activity, especially in relation to the po- tivities shall be determined in con- tential effects of the proposed activity sultation between the Director and the on Sanctuary resources and qualities; Department of Defense. (4) The proposed activity will be con- (c) The prohibitions in paragraph (a) ducted in a manner compatible with of this section do not apply to activi- the primary objective of protection of ties necessary to respond to an emer- Sanctuary resources and qualities, con- gency threatening life, property, or the sidering the extent to which the con- environment. duct of the activity may diminish or enhance Sanctuary resources and (d) The prohibitions in paragraphs qualities, any potential indirect, sec- (a)(2) through (9) and (a)(11) through ondary or cumulative effects of the ac- (16) of this section do not apply to any tivity, and the duration of such effects; activity executed in accordance with (5) The proposed activity will be con- the scope, purpose, terms, and condi- ducted in a manner compatible with tions of a National Marine Sanctuary the value of the Sanctuary, considering permit issued pursuant to §§ 922.48 and the extent to which the conduct of the

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activity may result in conflicts be- sistent with any terms or conditions of tween different users of the Sanctuary, the certification. Any such action shall and the duration of such effects; be forwarded in writing to both the (6) It is necessary to conduct the pro- holder of the certified permit, license, posed activity within the Sanctuary; or other authorization and the issuing (7) The reasonably expected end value agency and shall set forth reason(s) for of the proposed activity to the further- the action taken. ance of Sanctuary goals and purposes (d) Requests for findings or certifi- outweighs any potential adverse effects cations should be addressed to the Di- on Sanctuary resources and qualities rector, Office of National Marine Sanc- from the conduct of the activity; and tuaries; ATTN: Sanctuary Super- (8) Any other factors as the Director intendent, Greater Farallones National deems appropriate. Marine Sanctuary, 991 Marine Drive, (d) Applications. (1) Applications for The Presidio, San Francisco, CA 94129. permits should be addressed to the Di- A copy of the lease, permit, license, ap- rector, Office of National Marine Sanc- proval, or other authorization must ac- tuaries; ATTN: Superintendent, Great- company the request. er Farallones National Marine Sanc- (e) For an activity described in para- tuary, 991 Marine Dr., The Presidio, graph (a) of this section, the holder of San Francisco, CA 94129. the authorization or right may conduct (2) In addition to the information the activity prohibited by § 922.82 (a)(1) listed in § 922.48(b), all applications through (17) provided that: must include information to be consid- (1) The holder of such authorization ered by the Director in paragraph (b) or right notifies the Director, in writ- and (c) of this section. ing, within 90 days of the effective date (e) The permittee must agree to hold of Sanctuary designation, of the exist- the United States harmless against any ence of such authorization or right and claims arising out of the conduct of the requests certification of such author- permitted activities. ization or right; § 922.84 Certification of preexisting (2) The holder complies with the leases, licenses, permits, approvals, other provisions of this section; and other authorizations, or rights to (3) The holder complies with any conduct a prohibited activity. terms and conditions on the exercise of (a) A person may conduct an activity such authorization or right imposed as prohibited by § 922.82(a)(1) through (17) a condition of certification, by the Di- if such activity is specifically author- rector, to achieve the purposes for ized by a valid Federal, State, or local which the Sanctuary was designated. lease, permit, license, approval, or (f) The holder of an authorization or other authorization in existence prior right described in paragraph (a) of this to the effective date of sanctuary ex- section authorizing an activity prohib- pansion and within the sanctuary ex- ited by § 922.82 may conduct the activ- pansion area and complies with § 922.47 ity without being in violation of appli- and provided that the holder of the cable provisions of § 922.82, pending lease, permit, license, approval, or final agency action on his or her cer- other authorization complies with the tification request, provided the holder requirements of paragraph (e) of this is otherwise in compliance with this section. section. (b) In considering whether to make (g) The Director may request addi- the certifications called for in this sec- tional information from the certifi- tion, the Director may seek and con- cation requester as he or she deems sider the views of any other person or reasonably necessary to condition ap- entity, within or outside the Federal propriately the exercise of the certified government, and may hold a public authorization or right to achieve the hearing as deemed appropriate. purposes for which the Sanctuary was (c) The Director may amend, sus- designated. The Director must receive pend, or revoke any certification made the information requested within 45 under this section whenever continued days of the postmark date of the re- operation would otherwise be incon- quest. The Director may seek the views

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of any persons on the certification re- Point ID No. Latitude Longitude quest. 11 ...... 38.07898 ¥123.10924 (h) The Director may amend any cer- 12 ...... 38.06505 ¥123.11711 tification made under this section 13 ...... 38.05202 ¥123.12827 whenever additional information be- 14 ...... 37.99227 ¥123.14137 15 ...... 37.98947 ¥123.23615 comes available that he determines 16 ...... 37.95880 ¥123.32312 justifies such an amendment. 17 ...... 37.90464 ¥123.38958 (i) Upon completion of review of the 18 ...... 37.83480 ¥123.42579 19 ...... 37.76687 ¥123.42694 authorization or right and information 20 ...... 37.75932 ¥123.42686 received with respect thereto, the Di- 21 ...... 37.68892 ¥123.39274 rector shall communicate, in writing, 22 ...... 37.63356 ¥123.32819 ¥ any decision on a certification request 23 ...... 37.60123 123.24292 24 ...... 37.59165 ¥123.22641 or any action taken with respect to 25 ...... 37.56305 ¥123.19859 any certification made under this sec- 26 ...... 37.52001 ¥123.12879 tion, in writing, to both the holder of 27 ...... 37.50819 ¥123.09617 28 ...... 37.49418 ¥123.00770 the certified lease, permit, license, ap- 29 ...... 37.50948 ¥122.90614 proval, other authorization, or right, 30 ...... 37.52988 ¥122.85988 and the issuing agency, and shall set 31 ...... 37.57147 ¥122.80399 32 ...... 37.61622 ¥122.76937 forth the reason(s) for the decision or 33 ...... 37.66641 ¥122.75105 action taken. 34 * ...... 37.88225 ¥122.62753 (j) The holder may appeal any action 35 * ...... 38.35045 ¥123.06711 36 * ...... 38.35665 ¥123.06724 conditioning, amending, suspending, or 37 * ...... 38.44575 ¥123.12602 revoking any certification in accord- 38 * ...... 38.45531 ¥123.13469 ance with the procedures set forth in 39 * ...... 38.76231 ¥123.52957 40 * ...... 38.76941 ¥123.53541 § 922.50. 41 * ...... 38.91136 ¥123.71061 (k) Any time limit prescribed in or 42 * ...... 38.91766 ¥123.72568 established under this section may be 43 * ...... 38.95404 ¥123.73405 44 * ...... 38.95944 ¥123.71820 extended by the Director for good 45 * ...... 39.00000 ¥123.69710 cause. 46 ...... 39.00000 ¥124.33350 Note: The coordinates in the table above marked with an § 922.85 Review of State permits and asterisk (*) are not a part of the sanctuary boundary. These leases for certain aquaculture coordinates are landward reference points used to draw a line projects. segment that intersects with the shoreline. NOAA has described in a Memo- APPENDIX B TO SUBPART H OF PART randum of Agreement (MOA) with the 922—NO-ANCHORING SEAGRASS PRO- State of California how the State will TECTION ZONES IN TOMALES BAY consult and coordinate with NOAA to review any new, amended or expanded Coordinates listed in this appendix are lease or permit application for aqua- unprojected (Geographic) and based on the North American Datum of 1983. culture projects in Tomales Bay in- (1) No-Anchoring Seagrass Protection Zone volving introduced species. 1 encompasses an area of approximately .11 square nautical miles (.15 square miles) off- APPENDIX A TO SUBPART H OF PART shore south of Millerton Point. The precise 922—GREATER FARALLONES NA- boundary coordinates are listed in the table TIONAL MARINE SANCTUARY BOUND- following this description. The eastern ARY COORDINATES boundary is a straight line arc that connects points 1 and 2 listed in the coordinate table Coordinates listed in this appendix are below. The southern boundary is a straight unprojected (Geographic) and based on the line arc that connects points 2 and 3, the North American Datum of 1983. western boundary is a straight line arc that connects points 3 and 4 and the northern Point ID No. Latitude Longitude boundary is a straight line arc that connects 1 ...... 39.00000 ¥124.33350 point 4 to point 5. 2 ...... 38.29989 ¥123.99988 3 ...... 38.29989 ¥123.20005 Zone 1 Point ID No. Latitude Longitude 4 ...... 38.26390 ¥123.18138 5 ...... 38.21001 ¥123.11913 ¥ ¥ 1 ...... 38.10571 122.84565 6 ...... 38.16576 123.09207 2 ...... 38.09888 ¥122.83603 ¥ 7 ...... 38.14072 123.08237 3 ...... 38.09878 ¥122.84431 ¥ 8 ...... 38.12829 123.08742 4 ...... 38.10514 ¥122.84904 ¥ 9 ...... 38.10215 123.09804 5 ...... 38.10571 ¥122.84565 10 ...... 38.09069 ¥123.10387

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(2) No-Anchoring Seagrass Protection Zone (4) No-Anchoring Seagrass Protection Zone 2 encompasses an area of approximately .15 4 is an area of approximately .18 square nau- square nautical miles (.19 square miles) that tical miles (.21 square miles) that begins just begins just south of Marconi and extends ap- north of Nicks Cove and extends approxi- proximately 1.6 nautical miles (1.9 miles) mately 2.7 nautical miles (3.1 miles) south south along the eastern shore of Tomales along the eastern shore of Tomales Bay to Bay. The precise boundary coordinates are just south of Cypress Grove. The precise listed in the table following this description. boundary coordinates are listed in the table The western boundary is a series of straight following this description. The western line arcs that sequentially connect point 1 to boundary is a series of straight line arcs that point 5 listed in the coordinate table below. sequentially connect point 1 to point 8 listed The southern boundary is a straight line arc in the coordinate table below. The southern that extends from point 5 towards point 6 boundary is a straight line arc that extends until it intersects the Mean High Water from point 8 towards point 9 until it inter- Line. From this intersection the eastern sects the Mean High Water Line. From this boundary follows the Mean High Water Line intersection the eastern boundary follows north until it intersects the straight line arc the Mean High Water Line north until it that connects point 7 to point 8. From this intersects the straight line arc that connects intersection the northern boundary extends point 10 to point 11. From this intersection to point 8. the northern boundary extends westward Zone 2 Point along the straight line arc that connects ID No. Latitude Longitude point 10 to point 11. ¥ 1 ...... 38.13326 122.87178 Zone 4 Point 2 ...... 38.12724 ¥122.86488 ID No. Latitude Longitude 3 ...... 38.12563 ¥122.86480 ¥ 4 ...... 38.11899 122.86731 1 ...... 38.20004 ¥122.92315 5 ...... 38.11386 ¥122.85851 ¥ ¥ 2 ...... 38.18881 122.91740 6 * ...... 38.11608 122.85813 ¥ 7 * ...... 38.14078 ¥122.87433 3 ...... 38.18651 122.91404 ¥ 8 ...... 38.13326 ¥122.87178 4 ...... 38.17919 122.91021 5 ...... 38.17450 ¥122.90545 Note: The coordinates in the table above marked with an 6 ...... 38.16869 ¥122.90475 asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- 7 ...... 38.16535 ¥122.90308 ment that intersects with the shoreline. 8 ...... 38.16227 ¥122.89650 ¥ (3) No-Anchoring Seagrass Protection Zone 9 * ...... 38.16266 122.89620 10 * ...... 38.20080 ¥122.92174 3 encompasses an area of approximately .01 ¥ square nautical miles (.02 square miles) that 11 ...... 38.20004 122.92315 begins just south of Marshall and extends ap- Note: The coordinates in the table above marked with an proximately .5 nautical miles (.6 miles) asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- south along the eastern shore of Tomales ment that intersects with the shoreline. Bay. The precise boundary coordinates are listed in the table following this description. (5) No-Anchoring Seagrass Protection Zone The western boundary is a straight line arc 5 encompasses an area of approximately 1.3 that connects point 1 to point 2 listed in the square nautical miles (1.6 square miles) that coordinate table below. The southern bound- begins east of Lawson’s Landing and extends ary is a straight line arc that extends from approximately 2.7 nautical miles (3.1 miles) point 2 towards point 3 until it intersects the east and south along the eastern shore of Mean High Water Line. From this intersec- Tomales Bay but excludes areas adjacent tion the eastern boundary follows the Mean (approximately .32 nautical miles or .37 High Water Line northward until it inter- miles) to the mouth of Walker Creek. The sects the straight line arc that connects precise boundary coordinates are listed in point 4 to point 5. From this intersection the the table following this description. The northern boundary extends westward along western boundary is a series of straight line the straight line arc that connects point 4 to arcs that sequentially connect point 1 to point 5. point 3 listed in the coordinate table below. From point 3 the southern boundary trends Zone 3 Point eastward along the straight line arc that ID No. Latitude Longitude connects point 3 to point 4 until it intersects 1 ...... 38.15956 ¥122.89573 the Mean High Water Line. From this inter- 2 ...... 38.15250 ¥122.89042 section the boundary follows the Mean High 3 * ...... 38.15292 ¥122.88984 Water Line northward until it intersects the ¥ 4 * ...... 38.16031 122.89442 straight line arc that connects point 5 to 5 ...... 38.15956 ¥122.89573 point 6. From this intersection the boundary Note: The coordinates in the table above marked with an extends westward along the straight line arc asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- that connects point 5 to point 6. From point ment that intersects with the shoreline. 6 the boundary follows the straight line arc

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that connects point 6 to point 7, and then ex- of straight line arcs that sequentially con- tends along the straight line arc that connect point 1 to point 5 listed in the coordi- nects point 7 to point 8 until it again inter- nate table below. The southern boundary ex- sects the Mean High Water Line. From this tends along the straight line arc that con- intersection the boundary follows the Mean nects point 5 to point 6 until it intersects the High Water Line until it intersects the Mean High Water Line. From this intersec- straight line arc that connects point 9 to tion the western boundary extends north point 10. From this intersection the bound- along the Mean High Water Line until it ary extends to point 10 along the straight intersects the straight line arc that connects line arc that connects point 9 to point 10. point 7 to point 8. From this intersection the northern boundary extends eastward along Zone 5 Point the straight line arc that connects point 7 to ID No. Latitude Longitude point 8. 1 ...... 38.21825 ¥122.96041 ¥ 2 ...... 38.20666 122.94397 Zone 7 Point Latitude Longitude 3 ...... 38.19431 ¥122.93431 ID No. 4 * ...... 38.20080 ¥122.92174 5 * ...... 38.20522 ¥122.92446 1 ...... 38.13067 ¥122.88620 6 ...... 38.20366 ¥122.93246 2 ...... 38.12362 ¥122.87984 7 ...... 38.20938 ¥122.94153 3 ...... 38.11916 ¥122.87491 8 * ...... 38.21599 ¥122.93742 4 ...... 38.11486 ¥122.86896 9 * ...... 38.23129 ¥122.96293 5 ...... 38.11096 ¥122.86468 10 ...... 38.21825 ¥122.96041 6 * ...... 38.11027 ¥122.86551 7 * ...... 38.13001 ¥122.88749 Note: The coordinates in the table above marked with an 8 ...... 38.13067 ¥122.88620 asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- Note: The coordinates in the table above marked with an ment that intersects with the shoreline. asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- (6) No-Anchoring Seagrass Protection Zone ment that intersects with the shoreline. 6 encompasses an area of approximately .01 square nautical miles (.02 square miles) in APPENDIX C TO SUBPART H OF PART the vicinity of Indian Beach along the west- 922—NORTHERN EXTENT OF TOMALES ern shore of Tomales Bay. The precise BAY boundary coordinates are listed in the table following this description. The eastern For the purpose of § 922.82(a)(10)(ii), NOAA boundary is a straight line arc that connects is codifying the northern geographical ex- point 1 to point 2 listed in the coordinate tent of Tomales Bay via a line running from table below. The southern boundary extends Avalis Beach (Point 1) east to Sand Point westward along the straight line arc that (Point 2). Coordinates listed in this Appendix connects point 2 to point 3 until it intersects are unprojected (geographic) and based on the Mean High Water Line. From this inter- the North American Datum of 1983. section the eastern boundary follows the Mean High Water Line northward until it Point intersects the straight line arc that connects ID No. Tomales Bay Latitude Longitude point 3 to point 4. From this intersection the Boundary northern boundary extends eastward along 1 ...... 38.23165 ¥122.98148 the straight line arc that connects point 4 to 2 ...... 38.23165 ¥122.96955 point 5. APPENDIX D TO SUBPART H OF PART Zone 6 Point Latitude Longitude ID No. 922—SPECIAL WILDLIFE PROTECTION 1 ...... 38.14103 ¥122.89537 ZONES WITHIN THE SANCTUARY 2 ...... 38.13919 ¥122.89391 3 * ...... 38.13804 ¥122.89610 Coordinates listed in this appendix are 4 * ...... 38.14033 ¥122.89683 unprojected (Geographic) and based on the 5 ...... 38.14103 ¥122.89537 North American Datum of 1983. Note: The coordinates in the table above marked with an (1) Special Wildlife Protection Zone 1 asterisk (*) are not a part of the zone boundary. These coordi- (SWPZ 1) encompasses an area of approxi- nates are landward reference points used to draw a line seg- mately 7.9 square nautical miles (10.5 square ment that intersects with the shoreline. miles). The precise boundary coordinates are (7) No-Anchoring Seagrass Protection Zone listed in the table following this description. 7 encompasses an area of approximately .09 The western boundary of SWPZ 1 extends square nautical miles (.12 square miles) that south from Point 1, west of Haven’s Neck in begins just south of Pebble Beach and ex- Mendocino County, to Point 2, west of Del tends approximately 1.6 nautical miles (1.9 Mar Point. The boundary then extends east miles) south along the western shore of from Point 2 along a straight line arc con- Tomales Bay. The precise boundary coordi- necting Point 2 and Point 3 until it inter- nates are listed in the table following this sects the Mean High Water Line at Del Mar description. The eastern boundary is a series Point. The SWPZ 1 boundary then turns

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north to follow the Mean High Water Line Reyes National Seashore boundary around towards Haven’s Neck and continues until it Tomales Point into Tomales Bay and con- intersects a straight line arc connecting tinues until it again intersects the straight Point 4 and Point 5. From this intersection line arc that connects Point 2 and Point 3. the Sanctuary boundary continues west From this intersection the SWPZ 3 boundary along its northernmost extent to Point 5. follows the straight line arc north and east toward Point 3 until it intersects the Mean Zone 1 Point Latitude Longitude High Water Line at Toms Point in Tomales ID No. Bay. The SWPZ 3 boundary then follows the 1 ...... 38.80865 ¥123.63227 Mean High Water Line northward towards 2 ...... 38.74096 ¥123.54306 the Estero de San Antonio until it intersects 3 * ...... 38.74096 ¥123.51051 the straight line arc that connects Point 4 4 * ...... 38.80865 ¥123.60195 and Point 5. From this intersection the ¥ 5 ...... 38.80865 123.63227 Sanctuary boundary continues south and Note: The coordinates in the table above marked with an west to Point 5. asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- Zone 3 Point ment that intersects with the shoreline. ID No. Latitude Longitude (2) Special Wildlife Protection Zone 2 1 ...... 38.24001 ¥123.02963 (SWPZ 2) encompasses an area of approxi- 2 ...... 38.19249 ¥122.99523 mately 16.2 square nautical miles (21.4 square 3 * ...... 38.21544 ¥122.95286 miles). The precise boundary coordinates are 4 * ...... 38.27011 ¥122.97840 listed in the table following this description. 5 ...... 38.24001 ¥123.02963 The western boundary of SWPZ 2 extends Note: The coordinates in the table above marked with an south and east from Point 1, south of asterisk (*) are not a part of the zone boundary. These coordi- Windermere Point in Sonoma County, to nates are landward reference points used to draw a line segment that intersects with the shoreline. Point 2 and then to Point 3 in sequence. Point 3 is west of Duncans Point in Sonoma (4) Special Wildlife Protection Zone 4 County. The boundary then extends east (SWPZ 4) encompasses an area of approxi- from Point 3 along a straight line arc con- mately 10.2 square nautical miles (13.5 square necting Point 3 and Point 4 until it inter- miles). The precise boundary coordinates are sects the Mean High Water Line at Duncans list in the table following this description. Point. The boundary then turns north to fol- The western boundary of SWPZ 4 extends low the Mean High Water Line towards south and west from Point 1, west of Point Windermere Point until it intersects a Reyes in Marin County, to Point 2, south and straight line arc connecting Point 5 and west of Point Reyes Lighthouse. The bound- Point 6. From this intersection the boundary ary then follows a straight line arc east and continues due south along a straight line arc south from Point 2 to Point 3. From Point 3 to Point 6. the boundary follows a straight line arc north to Point 4. From Point 4 the SWPZ 4 Zone 2 Point Latitude Longitude boundary proceeds west along the straight ID No. line arc that connects Point 4 and Point 5 1 ...... 38.49854 ¥123.26804 until it intersects the Point Reyes National 2 ...... 38.45095 ¥123.18564 Seashore boundary north of Chimney Rock. 3 ...... 38.39311 ¥123.12068 The SWPZ 4 boundary then follows the Point 4 * ...... 38.39311 ¥123.09527 Reyes National Seashore boundary around 5 * ...... 38.52487 ¥123.26804 ¥ Point Reyes until it again intersects the 6 ...... 38.49854 123.26804 straight line arc that connects Point 4 and Note: The coordinates in the table above marked with an Point 5 north of the Point Reyes Lighthouse. asterisk (*) are not a part of the zone boundary. These coordi- From this intersection the SWPZ 4 boundary nates are landward reference points used to draw a line segment that intersects with the shoreline. turns seaward and continues west to Point 5.

(3) Special Wildlife Protection Zone 3 Zone 4 Point (SWPZ 3) encompasses an area of approxi- ID No. Latitude Longitude mately 7 square nautical miles (9.3 square ¥ miles). The precise boundary coordinates are 1 ...... 38.01475 123.05013 2 ...... 37.97536 ¥123.05482 listed in the table following this description. 3 ...... 37.96521 ¥122.93771 The western boundary of SWPZ 3 extends 4 ...... 38.00555 ¥122.93504 south and east from Point 1, southwest of 5 ...... 38.01475 ¥123.05013 the Estero de San Antonio in Sonoma Coun- ty, to Point 2, south of Tomales Point in (5) Special Wildlife Protection Zone 5 Marin County. The boundary then extends (SWPZ 5) encompasses an area of approxi- north and east from Point 2 along a straight mately 14.8 square nautical miles (19.6 square line arc connecting Point 2 and Point 3 until miles). The precise boundary coordinates are it intersects the boundary of the Point Reyes listed in the table following this description. National Seashore. From this intersection The western boundary of SWPZ 5 extends the SWPZ 3 boundary follows the Point south and east from Point 1, near Millers

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Point in Marin County, to Point 2, which is Zone 7 Point Latitude Longitude south and west of Bolinas Point. The SWPZ ID No. 5 boundary then follows a straight line arc 1 ...... 37.79568 ¥123.10845 east from Point 2 towards Point 3 until it 2 ...... 37.76746 ¥123.13869 intersects the Mean High Water Line at 3 ...... 37.73947 ¥123.09341 Rocky Point. From this intersection, the 4 ...... 37.76687 ¥123.06330 SWPZ 5 boundary follows the Sanctuary 5 ...... 37.79568 ¥123.10845 boundary north to Bolinas Point and Millers Point, respectively, including Bolinas La- APPENDIX E TO SUBPART H OF PART goon but not including Seadrift Lagoon, 922—CARGO VESSEL PROHIBITION until it intersects the straight line arc that ZONES IN THE SANCTUARY connects Point 4 and Point 5. From this intersection the SWPZ 5 boundary turns sea- Coordinates listed in this appendix are ward and continues west and south along the unprojected (Geographic) and based on the straight line arc to Point 5. North American Datum of 1983. (1) Cargo Vessel Prohibition Zone 1 (CVPZ Zone 5 Point Latitude Longitude 1) is an area of approximately 20 square nau- ID No. tical miles (26 square miles) immediately offshore of Anchor Bay. The precise boundary 1 ...... 37.96579 ¥122.83284 coordinates are listed in the table following 2 ...... 37.88195 ¥122.73989 this description. The western boundary of ex- 3 * ...... 37.88195 ¥122.62873 4 * ...... 37.98234 ¥122.81513 tends south and east from Point 1, north and 5 ...... 37.96579 ¥122.83284 west of Haven’s Neck, to Point 2, west and south of Del Mar Point. The CVPZ 1 bound- Note: The coordinates in the table above marked with an ary then extends east from Point 2 along a asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line seg- straight line arc connecting Point 2 and ment that intersects with the shoreline. Point 3 until it intersects the Sanctuary boundary. The CVPZ 1 boundary then turns (6) Special Wildlife Protection Zone 6 north to follow the Sanctuary boundary past (SWPZ 6) encompasses an area of approxi- Haven’s Neck and continues until it inter- mately 6.8 square nautical miles (9 square sects the straight line arc connecting Point miles) and extends from the Mean High 4 and Point 5. From this intersection the Water Line seaward to the SWPZ 6 bound- CVPZ 1 boundary continues west along its ary. The precise boundary coordinates are northernmost extent to Point 5. listed in the table following this description. The boundary of SWPZ 6 extends south and Zone 1 Point Latitude Longitude west from Point 1, north of Southeast ID No. Farallon Island, along a straight line arc to 1 ...... 38.82485 ¥123.68420 Point 2, then south and east along a straight 2 ...... 38.72330 ¥123.55145 line arc to Point 3, then north and east along 3 * ...... 38.72330 ¥123.47658 a straight line arc to Point 4, then north and 4 * ...... 38.82485 ¥123.60953 ¥ west along a straight line arc to Point 5. 5 ...... 38.82485 123.68420 Note: The coordinates in the table above marked with an Zone 6 Point asterisk (*) are not a part of the zone boundary. These coordi- ID No. Latitude Longitude nates are landward reference points used to draw a line segment that intersects with the shoreline. 1 ...... 37.72976 ¥123.00961 (2) Cargo Vessel Prohibition Zone 2 (CVPZ ¥ 2 ...... 37.69697 123.04374 2) encompasses an area of approximately 30 ¥ 3 ...... 37.66944 123.00176 square nautical miles (40 square miles). The ¥ 4 ...... 37.70246 122.96608 precise boundary coordinates are listed in ¥ 5 ...... 37.72976 123.00961 the table following this description. The western CVPZ 2 boundary extends south and (7) Special Wildlife Protection Zone 7 east from Point 1, west of Windermere Point (SWPZ 7) encompasses an area of approxi- in Sonoma County, to Point 2 and then to mately 6 square nautical miles (7.9 square Point 3 in sequence. Point 3 is west of Dun- miles) and extends from the Mean High cans Point in Sonoma County. The CVPZ 2 Water Line seaward to the SWPZ 7 bound- boundary then extends east from Point 3 ary. The precise boundary coordinates are along a straight line arc connecting Point 3 listed in the table following this description. and Point 4 until it intersects the Sanctuary The boundary of SWPZ 7 extends south and boundary south of Duncans Point. The CVPZ west from Point 1, north of North Farallon 2 boundary then turns north to follow the Island, along a straight line arc to Point 2, Sanctuary boundary past Windermere Point then south and east along a straight line arc until it intersects the straight line arc con- to Point 3, then north and east along a necting Point 5 and Point 6. From this inter- straight line arc to Point 4, then north and section the CVPZ 2 boundary continues due west along a straight line arc to Point 5. south along this straight line arc to Point 6.

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Zone 2 Point along the straight line arc that connects ID No. Latitude Longitude Point 4 and Point 5 until it intersects the Sanctuary boundary at Drakes Beach. The ¥ 1 ...... 38.48995 123.28994 CVPZ 4 boundary then follows the Sanctuary 2 ...... 38.43749 ¥123.19789 3 ...... 38.37614 ¥123.13153 boundary around Point Reyes until it again 4 * ...... 38.37614 ¥123.07843 intersects the straight line arc that connects 5 * ...... 38.54099 ¥123.28994 Point 4 and Point 5, north of the Point Reyes 6 ...... 38.48995 ¥123.28994 Lighthouse. From this intersection the Note: The coordinates in the table above marked with an CVPZ 4 boundary turns seaward and con- asterisk (*) are not a part of the zone boundary. These coordi- tinues west to Point 5 along this arc. nates are landward reference points used to draw a line segment that intersects with the shoreline. Zone 4 Point Latitude Longitude (3) Cargo Vessel Prohibition Zone 3 (CVPZ ID No. 3) encompasses an area of approximately 17 1 ...... 38.03311 ¥123.06923 square nautical miles (22 square miles). The 2 ...... 37.96053 ¥123.07801 precise boundary coordinates are listed in 3 ...... 37.94655 ¥122.91781 the table following this description. The 4 ...... 38.02026 ¥122.91261 western CVPZ 3 boundary extends south and 5 ...... 38.03311 ¥123.06923 east from Point 1, west of the Estero de San Antonio in Sonoma County, to Point 2, south (5) Cargo Vessel Prohibition Zone 5 (CVPZ of Tomales Point in Marin County. The 5) encompasses an area of approximately 29 CVPZ 3 boundary then extends north and square nautical miles (39 square miles). The east from Point 2 along a straight line arc precise boundary coordinates are listed in connecting Point 2 and Point 3 until it inter- the table following this description. The sects the Sanctuary boundary. From this western CVPZ 5 boundary extends south and intersection the CVPZ 3 boundary follows east from Point 1, west of Millers Point in the Sanctuary boundary around Tomales Marin County, to Point 2, south and west of Point into Tomales Bay and continues until Bolinas Point. The CVPZ 5 boundary then it again intersects the straight line arc that follows a straight line arc east from Point 2 connects Point 2 and Point 3. From this towards Point 3 until it intersects the Sanc- intersection the CVPZ 3 boundary follows tuary boundary. From this intersection, the the straight line arc north and east across CVPZ 5 boundary follows the Sanctuary Tomales Bay until it intersects the Sanc- boundary north towards Rocky Point and tuary boundary south of Toms Point in continues along the Sanctuary boundary Tomales Bay. The CVPZ 3 boundary then fol- past Bolinas Point and Millers Point, respec- lows the Sanctuary boundary northward past tively, including Bolinas Lagoon but not in- the Estero de San Antonio until it intersects cluding Seadrift Lagoon, until it intersects the straight line arc that connects Point 4 the straight line arc that connects Point 4 and Point 5. From this intersection the and Point 5. From this intersection the boundary continues south and west to Point CVPZ 5 boundary turns seaward and con- 5. tinues west and south along the straight line Zone 3 Point arc to Point 5. ID No. Latitude Longitude Zone 5 Point Latitude Longitude 1 ...... 38.24496 ¥123.05698 ID No. 2 ...... 38.16758 ¥123.00179 3 * ...... 38.21170 ¥122.92566 1 ...... 37.96598 ¥122.85997 4 * ...... 38.28215 ¥122.99278 2 ...... 37.86532 ¥122.74797 5 ...... 38.24496 ¥123.05698 3 * ...... 37.86532 ¥122.63720 4 * ...... 37.99449 ¥122.82841 Note: The coordinates in the table above marked with an ¥ asterisk (*) are not a part of the zone boundary. These coordi- 5 ...... 37.96598 122.85997 nates are landward reference points used to draw a line segment that intersects with the shoreline. Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordi- (4) Cargo Vessel Prohibition Zone 4 (CVPZ nates are landward reference points used to draw a line segment that intersects with the shoreline. 4) encompasses an area of approximately 28 square nautical miles (37 square miles). The (6) Cargo Vessel Prohibition Zone 6 (CVPZ precise boundary coordinates are listed in 6) encompasses an area of approximately 21 the table following this description. The square nautical miles (28 square miles) sur- western CVPZ 4 boundary extends south and rounding Southeast Farallon Island and ex- west from Point 1, west and north of Point tends from the Mean High Water Line to the Reyes in Marin County, to Point 2, south and CVPZ 6 boundary. The precise boundary co- west of Point Reyes Lighthouse. The CVPZ 4 ordinates are listed in the table following boundary then follows a straight line arc this description. The boundary extends south east and south from Point 2 to Point 3. From and west from Point 1, north of Southeast Point 3 the CVPZ 4 boundary follows a Farallon Island, along a straight line arc to straight line arc north to Point 4. From Point 2, then south and east along a straight Point 4 the CVPZ 4 boundary proceeds west line arc to Point 3, then north and east along

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a straight line arc to Point 4, then north and proximately 20 square nautical miles (26 west along a straight line arc to Point 5. square miles) surrounding the North Farallon Islands and extends from the Mean Zone 6 Point Latitude Longitude High Water Line to the WSAPZ 2 boundary. ID No. The precise boundary coordinates are listed 1 ...... 37.75264 ¥123.01175 in the table following this description. The 2 ...... 37.69461 ¥123.07333 boundary extends south and west from Point 3 ...... 37.64621 ¥122.99867 1, north of North Farallon Island, along a 4 ...... 37.70538 ¥122.93567 straight line arc to Point 2, then south and ¥ 5 ...... 37.75264 123.01175 east along a straight line arc to Point 3, then north and east along a straight line arc to (7) Cargo Vessel Prohibition Zone 7 (CVPZ Point 4, then north and west along a straight 7) encompasses an area of approximately 20 line arc to Point 5. square nautical miles (26 square miles) surrounding the North Farallon Islands and ex- Zone 2 Point tends from the Mean High Water Line to the ID No. Latitude Longitude CVPZ 7 boundary. The precise boundary coordinates are listed in the table following 1 ...... 37.81914 ¥123.11155 this description. The boundary extends south 2 ...... 37.76497 ¥123.16939 and west from Point 1, north of North 3 ...... 37.71623 ¥123.09089 Farallon Island, along a straight line arc to 4 ...... 37.76872 ¥123.03359 ¥ Point 2, then south and east along a straight 5 ...... 37.81914 123.11155 line arc to Point 3, then north and east along a straight line arc to Point 4, then north and APPENDIX G TO SUBPART H OF PART west along a straight line arc to Point 5. 922—DESIGNATED AREA FOR CERTAIN Zone 7 Point UNITED STATES COAST GUARD DIS- ID No. Latitude Longitude CHARGES

1 ...... 37.81914 ¥123.11155 Coordinates listed in this appendix are ¥ 2 ...... 37.76497 123.16939 unprojected (Geographic Coordinate System) 3 ...... 37.71623 ¥123.09089 4 ...... 37.76872 ¥123.03359 and based on the North American Datum of 5 ...... 37.81914 ¥123.11155 1983 (NAD83). The portion of the Greater Farallones Na- tional Marine Sanctuary area [2015 expan- APPENDIX F TO SUBPART H OF PART sion area] where the exception for discharges 922—WHITE SHARK APPROACH PROHI- from United States Coast Guard activities BITION ZONES IN THE SANCTUARY applies is defined as follows. Beginning with Point 1 identified in the coordinate table in Coordinates listed in this appendix are this appendix, the boundary extends from unprojected (Geographic) and based on the Point 1 to Point 2 in a straight line arc, and North American Datum of 1983. continues from Point 2 to Point 3 in a (1) White Shark Approach Prohibition straight line arc, and from Point 3 to Point Zone 1 (WSAPZ 1) encompasses an area of ap- 4 in a straight line arc. From Point 4 the proximately 21 square nautical miles (28 boundary extends east and north along a square miles) surrounding Southeast straight line arc towards Point 5 until it Farallon Island and extends from the Mean intersects the fixed offshore boundary be- High Water Line to the WSAPZ 1 boundary. tween the United States and California (ap- The precise boundary coordinates are listed proximately 3 NM seaward of the coast as de- in the table following this description. The fined in United States vs. California, 135 S. Ct. boundary extends south and west from Point 563 (2014)). The boundary then extends north- 1, north of Southeast Farallon Island, along ward following the fixed offshore boundary a straight line arc to Point 2, then south and between the United States and California east along a straight line arc to Point 3, then until it intersects the line segment formed north and east along a straight line arc to between Point 6 and Point 7. From this Point 4, then north and west along a straight intersection, the boundary extends west line arc to Point 5. along the northern boundary of Greater Farallones National Marine Sanctuary to Zone 1 Point ID No. Latitude Longitude Point 7 where it ends.

1 ...... 37.75264 ¥123.01175 Point No. Latitude Longitude 2 ...... 37.69461 ¥123.07333 3 ...... 37.64621 ¥122.99867 1 ...... 39.00000 ¥124.33350 4 ...... 37.70538 ¥122.93567 2 ...... 38.29989 ¥123.99988 ¥ 5 ...... 37.75264 123.01175 3 ...... 38.29989 ¥123.20005 4 ...... 38.26390 ¥123.18138 (2) White Shark Approach Prohibition 5 1 ...... 38.29896 ¥123.05989 Zone 2 (WSAPZ 2) encompasses an area of ap- 6 1 ...... 39.00000 ¥123.75777

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Point No. Latitude Longitude head, tied down, unbaited, unloaded, partially disassembled, or stowed for ¥ 7 ...... 39.00000 124.33350 transit. 1 These coordinates are not a part of the boundary for the Designated Area for Certain United States Coast Guard Dis- charges. These coordinates are reference points used to draw § 922.92 Prohibited or otherwise regu- line segments that intersect with the fixed offshore boundary lated activities—Sanctuary-wide. between the United States and California. (a) Except as specified in paragraphs [83 FR 55966, Nov. 9, 2018] (b) through (d) of this section and in § 922.94 regarding additional prohibi- Subpart I—Gray’s Reef National tions in the research area, the fol- Marine Sanctuary lowing activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted SOURCE: 71 FR 60063, Oct. 12, 2006, unless otherwise noted. within the Sanctuary: (1) Dredging, drilling into, or other- § 922.90 Boundary. wise altering in any way the sub- The Gray’s Reef National Marine merged lands of the Sanctuary (includ- Sanctuary (Sanctuary) consists of ap- ing bottom formations). proximately 16.68 square nautical miles (2) Constructing any structure other of ocean waters and the submerged than a navigation aid, or constructing, lands thereunder, off the coast of Geor- placing, or abandoning any structure, gia. The Sanctuary boundary includes material, or other matter on the sub- all waters and submerged lands within merged lands of the Sanctuary except the geodetic lines connecting the fol- weighted marker buoys that are con- lowing coordinates: tinuously tended and used during otherwise lawful fishing or diving activi- Datum: NAD83 ties and that are not attached to a ves- Geographic Coordinate System sel and not capable of holding a boat at (1) N 31.362732 degrees W 80.921200 de- anchor. Weights used with a marker grees buoy shall not have a combined weight (2) N 31.421064 degrees W 80.921201 de- of more than 10 pounds, shall be at- grees tached with not greater than one- 1 ″ (3) N 31.421064 degrees W 80.828145 de- fourth inch ( ⁄4 ) line and shall be re- grees moved from the Sanctuary within (4) N 31.362732 degrees W 80.828145 de- twelve (12) hours of deployment. Any grees weighted marker buoy that is not con- (5) N 31.362732 degrees W 80.921200 de- tinuously tended may be removed by grees the Assistant Administrator or designee or an authorized officer, without § 922.91 Definitions. notice. In addition to those definitions found (3) Discharging or depositing any ma- at § 922.3, the following definitions terial or other matter except: apply to this subpart: (i) Fish or fish parts, bait, or chum- Handline means fishing gear that is ming materials; set and pulled by hand and consists of (ii) Effluent from marine sanitation one vertical line to which may be at- devices; and tached leader lines with hooks. (iii) Vessel cooling water. Rod and reel means a rod and reel (4) Operating a watercraft other than unit that is not attached to a vessel, in accordance with the Federal rules or, if attached, is readily removable, and regulations that would apply if from which a line and attached hook(s) there were no Sanctuary. are deployed. The line is payed out (5)(i) Injuring, catching, harvesting, from and retrieved on the reel manu- or collecting, or attempting to injure, ally or electrically. catch, harvest, or collect, any marine Stowed and not available for immediate organism, or any part thereof, living or use means not readily accessible for dead, within the Sanctuary by any immediate use, e.g., by being securely means except by use of rod and reel, covered and lashed to a deck or bulk- and handline gear;

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(ii) There shall be a rebuttable pre- tivity necessary to respond to an emer- sumption that any marine organism or gency threatening life, property, or the part thereof referenced in this para- environment. graph found in the possession of a per- [76 FR 63832, Oct. 14, 2011, as amended at 79 son within the Sanctuary has been col- FR 41881, July 18, 2014] lected from the Sanctuary. (6) Using any fishing gear within the § 922.93 Permit procedures and cri- Sanctuary except rod and reel, and teria. handline gear, or for law enforcement (a) A person may conduct an activity purposes. prohibited by § 922.92(a)(1) through (10) (7) Using underwater any explosives, and § 922.94 if conducted in accordance or devices that produce electric within the scope, purpose, manner, charges underwater. terms and conditions of a permit issued (8) Breaking, cutting, damaging, tak- under this section and § 922.48. ing, or removing any bottom forma- (b) Applications for such permits tion. should be addressed to the Director, (9) Moving, removing, damaging, or National Marine Sanctuary Program, possessing, or attempting to move, re- ATTN: Manager, Gray’s Reef National move, damage, or possess, any Sanc- Marine Sanctuary, 10 Ocean Science tuary historical resource. Circle, Savannah, GA 31411. (10) Anchoring, or attempting to an- (c) The Director, at his or her discre- chor, any vessel in the Sanctuary, ex- tion may issue a permit, subject to cept as provided in paragraph (d) of such terms and conditions as he or she this section when responding to an deems appropriate, to conduct an ac- emergency threatening life, property, tivity prohibited by § 922.92(a)(1) or the environment. through (10). The Director must also (11) Possessing or carrying any fish- find that the activity will: ing gear within the Sanctuary except: (1) Further research related to the re- (i) Rod and reel, and handline gear; sources and qualities of the Sanctuary; (ii) Fishing gear other than rod and (2) Further the educational, natural, reel, handline gear, and spearfishing or historical resource value of the gear, provided that it is stowed on a Sanctuary; vessel and not available for immediate (3) Further salvage or recovery oper- use; ations in connection with a recent air (iii) Spearfishing gear provided that or marine casualty; or it is stowed on a vessel, not available (4) Assist in managing the Sanc- for immediate use, and the vessel is tuary. passing through the Sanctuary without (d) The Director shall not issue a per- interruption; and mit unless the Director also finds that: (iv) For law enforcement purposes. (1) The applicant is professionally (b) All activities currently carried qualified to conduct and complete the out by the Department of Defense proposed activity; within the Sanctuary are essential for (2) The applicant has adequate finan- the national defense and, therefore, not cial resources available to conduct and subject to the prohibitions in this sec- complete the proposed activity; tion and § 922.94. The exemption of ad- (3) The duration of the proposed ac- ditional activities having significant tivity is no longer than necessary to impacts shall be determined in con- achieve its stated purpose; sultation between the Director and the (4) The methods and procedures pro- Department of Defense. posed by the applicant are appropriate (c) The prohibitions in this section to achieve the proposed activity’s goals and in § 922.94 do not apply to any ac- in relation to the activity’s impacts on tivity conducted under and in accord- Sanctuary resources and qualities; ance with the scope, purpose, terms, (5) The proposed activity will be con- and conditions of a National Marine ducted in a manner compatible with Sanctuary permit issued pursuant to 15 the primary objective of protection of CFR 922.48 and 922.93. Sanctuary resources and qualities, con- (d) The prohibitions in this section sidering the extent to which the con- and in § 922.94 do not apply to any ac- duct of the activity may diminish or

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enhance Sanctuary resources and § 922.94 Prohibited or otherwise regu- qualities, any indirect, secondary or lated activities—Research area. cumulative effects of the activity, and In addition to the prohibitions set the duration of such effects; out in § 922.92, which apply throughout (6) The proposed activity will be con- the Sanctuary, the following activities ducted in a manner compatible with are prohibited and thus unlawful for the value of the Sanctuary as a source any person to conduct or cause to be of recreation, or as a source of edu- conducted within the research area de- cational or scientific information con- scribed in Appendix A to this subpart. sidering the extent to which the con- (a)(1) Injuring, catching, harvesting, duct of the activity may result in con- or collecting, or attempting to injure, flicts between different users of the catch, harvest, or collect, any marine Sanctuary, and the duration of such ef- organism, or any part thereof, living or fects; dead. (7) It is necessary to conduct the pro- (2) There shall be a rebuttable pre- posed activity within the Sanctuary to sumption that any marine organism or part thereof referenced in this para- achieve its purposes; graph found in the possession of a per- (8) The reasonably expected end value son within the research area has been of the activity to the furtherance of collected from the research area. Sanctuary goals and purposes out- (b) Using any fishing gear, or pos- weighs any potential adverse impacts sessing, or carrying any fishing gear on Sanctuary resources and qualities unless such gear is stowed and not from the conduct of the activity; and available for immediate use while on (9) There are no other factors that board a vessel transiting through the make the issuance of a permit for the research area without interruption or activity inappropriate. for valid law enforcement purposes. (e) It shall be a condition of any per- (c) Diving. mit issued that the permit or a copy (d) Stopping a vessel in the research thereof be displayed on board all ves- area. sels or aircraft used in the conduct of [76 FR 63832, Oct. 14, 2011] the activity. (f) The Director shall, inter alia, APPENDIX A TO SUBPART I OF PART 922— make it a condition of any permit BOUNDARY COORDINATES FOR THE issued that any data or information ob- GRAY’S REEF NATIONAL MARINE tained under the permit be made avail- SANCTUARY RESEARCH AREA able to the public. [Coordinates listed in this Appendix are (g) The Director may, inter alia, unprojected (Geographic) and based on the make it a condition of any permit North American Datum of 1983.] issued to require the submission of one The research area boundary is defined by or more reports of the status and the coordinates provided in Table 1 and the following textual description. The research progress of such activity. area boundary extends from Point 1, the (h) The Director may, inter alia, southwest corner of the sanctuary, to Point make it a condition of any permit 2 along a straight line following the western issued that a NOAA official be allowed boundary of the Sanctuary. It then extends to observe any activity conducted along a straight line from Point 2 to Point 3, under the permit and/or that the per- which is on the eastern boundary of GRNMS. The boundary then follows the eastern mit holder submit one or more reports boundary line of the sanctuary southward on the status, progress or results of until it intersects the line of the southern any activity authorized by the permit. boundary of GRNMS at Point 4, the southeastern corner of the sanctuary. The last [71 FR 60063, Oct. 12, 2006, as amended at 76 straight line is defined by connecting Point FR 63832, Oct. 14, 2011] 4 and Point 5, along the southern boundary of the GRNMS.

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TABLE 1—COORDINATES FOR THE RESEARCH AREA

Latitude Longitude Point ID (north, in degrees) (west, in degrees)

1 ...... N 31.362732 W 80.921200 2 ...... N 31.384444 W 80.921200 3 ...... N 31.384444 W 80.828145 4 ...... N 31.362732 W 80.828145 5 ...... N 31.362732 W 80.921200

[76 FR 63832, Oct. 14, 2011] which it intersects the seaward boundary of the Sanctuary as defined by a Subpart J—National Marine straight line between Fagatele Point Sanctuary of American Samoa (¥14.36527, ¥170.76932) and Steps Point (¥14.37291, ¥170.76056) from the point at which it intersects the mean higher SOURCE: 77 FR 43962, July 26, 2012, unless high water line seaward. otherwise noted. (b) Fagalua/Fogama’a Unit. The land- § 922.100 Scope of regulations. ward boundary of the Fagalua/ Fogama’a Unit is defined by the mean The provisions of this subpart J higher high water line of Fagalua/ apply only to the waters of the United Fogama’a until the point at which it States and the Territory of American intersects the seaward boundary of the Samoa that are located within the Fagalua/Fogama’a Unit as defined by a boundary of the National Marine Sanc- straight line between Steps Point tuary of American Samoa (Sanctuary). (¥14.37307, ¥170.75852) and Sail Rock Neither the provisions of this subpart J Point (¥14.36534, ¥170.74119) from the nor any permit issued under its author- point at which it intersects the mean ity shall be construed to relieve a per- higher high water line seaward. son from any other requirements im- (c) Aunu’u Unit. The Aunu’u Unit is posed by statute or regulation of the comprised of two adjacent zones. Territory of American Samoa or of the (1) Zone A. The Aunu’u Unit bound- United States. In addition, no statute ary for Zone A is defined by the coordi- or regulation of the Territory of Amer- nates provided in Table 1 and the fol- ican Samoa shall be construed to re- lowing textual description. The Zone A lieve a person from the restrictions, boundary extends from Point 1, the conditions, and requirements contained northwest corner of the unit, south- in this subpart J. ward to Point 2 along a straight line following the western boundary of the § 922.101 Boundary. unit, which is aligned with The Sanctuary is comprised of six Taugamalama Point on Tutuila. It distinct units, forming a network of then extends northeastward in a multi- marine protected areas around the is- part line along the deepest seaward lands of the Territory of American edge of Nafanua Bank from Point 2 to Samoa. Tables containing the exact co- Point 3 and then to Point 4, which lies ordinates of each point described below on the southern boundary of Zone B. can be found in Appendix to Subpart The boundary then follows a straight J—National Marine Sanctuary of line westward towards Point 5 until it American Samoa Boundary Coordi- intersects the mean higher high water nates. line at the southern tip of Ma’ama’a (a) Fagatele Bay Unit. The Fagatele Cove. The landward boundary of Zone Bay Unit is a 163-acre (0.25 sq. mi.) A is defined by the mean higher high coastal embayment formed by a col- water line from this intersection point lapsed volcanic crater on the island of at the southern tip of Ma’ama’a Cove Tutuila, Territory of American Samoa, to the intersection of the mean higher and includes Fagatele Bay in its en- high water line and the straight line tirety. The landward boundary is de- between Point 6 and Point 7 at fined by the mean higher high water Salevatia Point. From this intersec- line of Fagatele Bay until the point at tion point at Salevatia Point, the

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boundary extends straight west to east around the southernmost part of Point 7, which has the exact same co- the island and then to the northeast ordinates as Point 1. until it intersects the line segment be- (2) Zone B. The Aunu’u Unit bound- tween Point 39 and Point 40. From this ary for Zone B is defined by the coordi- intersection the boundary continues nates provided in Table 2 and the fol- offshore to the southeast to Point 40 lowing textual description. The Zone B and then to the northeast to Point 41. boundary extends from Point 1, the From Point 41 the boundary continues northeast corner of the unit, southward to the northwest towards Point 42 until along a straight line following the it intersects the shoreline. From this eastern boundary of the unit to Point intersection the boundary follows the 2, which is on the southern boundary of shoreline initially to the northeast the unit. The southern boundary then around the island counterclockwise follows a line westward towards Point 3 and then to the northwest back to until it intersects the mean higher where it began on the northern shore- high water line at the southern tip of line. Ma’ama’a Cove Point. The landward (e) Mulia¯ va Unit. The Mulia¯ va Unit boundary of Zone B is defined by the boundary is defined by the coordinates mean higher high water line from this provided in Table 4 and the following intersection point at the southern tip textual description. The landward of Ma’ama’a Cove around the volcanic boundary of the Mulia¯ va Unit is the ex- crater to the intersection of the mean treme low water line, which adjoins the higher high water line and the straight boundary of the Rose Atoll National line between Point 4 and Point 5. From Wildlife Refuge. The Mulia¯ va Unit sea- here, the boundary extends seaward ward boundary extends from Point 1, straight north to Point 5. The northern the southwest corner of the unit, to border, the last straight line, is defined Point 2 along a straight line northward by connecting Point 5 and Point 6, following the western boundary of the along the northern boundary of the unit. From Point 2, the line extends in unit, which is aligned with Matuli a straight line westward to Point 3. It Point on Tutuila. Point 6 has the exact then extends along a straight line same coordinates at Point 1. northward to Point 4. From Point 4, (d) Swains Island Unit. The Swains Is- the line extends in a straight line east- land Unit boundary is defined by the ward to Point 5. From Point 5, the line coordinates in Table 3 and the fol- extends along a straight line north- lowing textual description. The seaward to Point 6. It then extends along ward boundary of the Swains Island a straight line eastward from Point 6 Unit approximates the three nautical to Point 7, which is on the eastern mile territorial sea boundary from the boundary of the unit. The boundary mean higher high water line (shoreline) then follows a straight line southward of the island. The seaward boundary until it intersects the line of the south- begins south of the island at Point 1 ern boundary of the unit at Point 8, the and continues initially to the west in southeastern corner of the unit. The sequential order clockwise around the last straight line is defined by con- island to Point 33. The landward necting Point 8 and Point 9, which has boundary of the Swains Island Unit is the exact same coordinates as Point 1, the mean higher high water line and along the southern boundary of the begins on the northern shoreline of the unit. island and follows the shoreline coun- (f) Ta’u Unit. The Ta’u Unit boundary terclockwise initially to the west until is defined by the coordinates provided it intersects the line segment between in Table 5 and the following textual de- Point 34 and 35. From this intersection scription. The Ta’u Unit boundary ex- the boundary continues offshore to the tends from Point 1, Vaita Point, along northwest to Point 35 and then to the mean higher high water line south- Point 36 and Point 37. From Point 37 ward along the western coast to Point the boundary continues east-northeast 2, Si’ufa’alele Point. From Point 2, the towards Point 38 until it intersects the boundary extends offshore 0.25 miles to shoreline. From this intersection the Point 3 to become conterminous with boundary follows the shoreline south- the offshore boundary of the National

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Park of American Samoa. From Point any living organisms growing in or on 3 the boundary continues to follow the the Coral, basalt rock, or structure. coastline 0.25 miles offshore until it Stowed and not available for immediate reaches Point 4, which is directly south use means not readily accessible for of Si’u Point. From Point 4, the bound- immediate use, e.g., by being securely ary extends due south to Point 5. From covered and lashed to a deck or bulk- Point 5, the boundary extends due west head, tied down, unbaited, unloaded, or to Point 6, forming the southern border partially disassembled (such as spear of the unit. From Point 6, the boundary shafts being kept separate from spear extends due north until it reaches guns). Point 7, directly west and one mile offshore from Point 8, which is Point 1, § 922.103 Prohibited or otherwise reg- also known as Vaita Point. ulated activities—Sanctuary-wide. [77 FR 43962, July 26, 2012, as amended at 80 (a) The following activities are pro- FR 79683, Dec. 23, 2015] hibited and thus are unlawful for any person to conduct or to cause to be § 922.102 Definitions. conducted within the Sanctuary: In addition to those definitions found (1) Introducing or releasing intro- at § 922.3, the following definitions duced species from within or into the apply to this subpart: sanctuary. Clean means not containing detect- (2) Anchoring a vessel. able levels of harmful matter. (3) Deserting a vessel aground, adrift, Fishing means the catching, taking, or at anchor. or harvesting of marine species; the at- (4) Leaving harmful matter on an tempted catching, taking, or har- abandoned or deserted vessel or struc- vesting of marine species; any other ac- ture. tivity which can reasonably be expected to result in the catching, tak- (5) Operating a vessel at a speed ex- ing, or harvesting of marine species; or ceeding three knots when closer than any operation at sea in support of, or 200 feet (60.96 meters) of another vessel in preparation for, any activity de- displaying a dive flag. scribed in this definition. (6) Operating a vessel in a manner Harmful matter means any substance, which causes the vessel to strike or or combination of substances that, be- otherwise cause damage to Sanctuary cause of its quantity, concentration, or resources. physical, chemical, or infectious char- (7) Diving, snorkeling, or conducting acteristics, may pose a present or po- diving or snorkeling operations from a tential threat to Sanctuary resources vessel not in compliance with applica- or qualities, including but not limited ble U.S. Coast Guard navigation rules to: fishing nets, fishing line, hooks, governing the display of lights and sig- fuel, oil, and those contaminants (re- nals, and not flying in a conspicuous gardless of quantity) listed at 40 CFR manner the international code flag 302.4 pursuant to 42 U.S.C. 101(14) of the alpha ‘‘A’’ or the standard red-and- Comprehensive Environmental Re- white U.S. ‘‘diver down’’ flag. sponse, Compensation, and Liability (8) Discharging, or depositing from Act. within or into the Sanctuary, any ma- Introduced species means any species terial or other matter, except clean (including, but not limited to, any of vessel deck wash down, clean vessel en- its biological matter capable of propa- gine cooling water, clean vessel gener- gation) that is nonnative to the eco- ator cooling water, clean bilge water, system(s) protected by the Sanctuary; anchor wash, or vessel engine or gener- or any organism into which altered ge- ator exhaust. netic matter, or genetic matter from (9) Discharging or depositing from be- another species, has been transferred in yond the boundary of the Sanctuary order that the host organism acquires any material or other matter that sub- the genetic traits of the transferred sequently enters the Sanctuary and in- genes. jures a Sanctuary resource or quality, Live rock means any Coral, basalt except those listed in paragraph (a)(8) rock, or other natural structure with of this section and § 922.105(c).

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(10) Sand mining, dredging, filling, § 922.104 Prohibited or otherwise reg- dynamiting, or otherwise disturbing or ulated activities—Sanctuary-wide altering the seabed. except in the Mulia¯ va Unit. (11) Removing, damaging, or tam- (a) The following activities are pro- pering with any historical or cultural hibited and thus are unlawful for any resource. person to conduct or to cause to be (12) Taking any marine mammal, sea conducted within any unit of the Sanc- turtle, or seabird within or above the tuary except the Mulia¯ va Unit: Sanctuary, except as authorized by the (1) Gathering, taking, breaking, cut- Marine Mammal Protection Act, as ting, damaging, destroying, or pos- amended, (MMPA), 16 U.S.C. 1361 et sessing any giant clam [Tridacna spp.], seq., Endangered Species Act, as live coral, bottom formation including amended, (ESA), 16 U.S.C. 1531 et seq., live rock and crustose coralline algae. Migratory Bird Treaty Act, as amend- (2) Possessing or using poisons, elec- ed, (MBTA), 16 U.S.C. 703 et seq., or any trical charges, explosives, or similar regulation, as amended, promulgated environmentally destructive methods under the MMPA, ESA, or MBTA. of fishing or harvesting. (13) Using or discharging explosives (3) Possessing or using spearguns, in- or weapons of any description. Distress cluding such devices known as Hawai- signaling devices, necessary and proper ian slings, pole spears, arbalettes, for safe vessel operation, and knives pneumatic and spring-loaded generally used by fishermen and swim- spearguns, bows and arrows, bang mers shall not be considered weapons sticks, or any similar taking device for purposes of this section. while utilizing SCUBA equipment. (14) Marking, defacing, or damaging (4) Possessing or using a seine, tram- in any way, or displacing or removing mel, drift gill net, or any type of fixed or tampering with any signs, notices, net. (5) Disturbing the benthic commu- or placards, whether temporary or per- nity by bottom trawling. manent, or with any monuments, (b) There shall be a rebuttable pre- stakes, posts, or other boundary mark- sumption that any items listed in para- ers related to the Sanctuary. graph (a) of this section found in the (15) Abandoning a structure, mate- possession of a person within the Sanc- rial, or other matter on or in the sub- tuary have been used, collected, or re- merged lands of the Sanctuary. moved within or from the Sanctuary. (b) The prohibitions in paragraphs (a)(1) through (15) of this section, § 922.105 Prohibited or otherwise reg- § 922.104, and § 922.105 do not apply to ulated activities—Unit-specific. any activity necessary for national de- In addition to the prohibitions set fense. forth in § 922.103 and § 922.104, the fol- (c) The prohibitions in paragraphs lowing regulations apply to activities (a)(2) through (15) of this section, conducted within specified Sanctuary § 922.104, and § 922.105 do not apply to units described in the appendix to this any activity necessary to respond to an subpart. emergency threatening life, property, (a) The following activities are pro- or the environment. hibited in the Fagatele Bay Unit: (d) The prohibitions in paragraphs (1) Harvesting, catching, removing, (a)(2) through (15) of this section, taking, injuring, destroying, col- § 922.104, and § 922.105 do not apply to lecting, moving, possessing or causing any activity necessary for valid law en- the loss of any Sanctuary resource, in- forcement purposes in the Sanctuary. cluding but not limited to fishing, or (e) The prohibitions in paragraphs attempting any of these activities. (a)(2) through (15) of this section, (2) Possessing fishing gear unless § 922.104, and § 922.105 do not apply to such gear is stowed and not available any activity conducted under and in for immediate use. accordance with the scope, purpose, (b) The following activities are pro- terms, and conditions of a National hibited in the Aunu’u Unit: Marine Sanctuary permit issued pursu- (1) In Zone A: Fishing from a vessel ant to 15 CFR 922.48 and 922.107. without providing notification to the

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Sanctuary Superintendent or his/her § 922.107 Permit procedures and cri- designee in the village of Aunu’u prior teria. to each fishing trip. (a) Any person in possession of a (2) In Zone B: valid permit issued by the Director, in (i) Fishing for bottom-dwelling spe- consultation with the ASDOC, in ac- cies or otherwise harvesting, catching, cordance with this section and § 922.48, removing, taking, injuring, destroying, may conduct an activity otherwise pro- collecting, moving, or causing the loss hibited by § 922.103, § 922.104, and of any bottom-dwelling species, or at- § 922.105 in the Sanctuary if such activ- tempting any of these activities. Sur- ity is judged not to cause long-term or face fishing for pelagic species, includ- irreparable harm to the resources of ing trolling, is allowed. the Sanctuary, and is: (ii) Disturbing the benthic commu- (1) Related to research involving nity. Sanctuary resources designed to en- (iii) Possessing any Sanctuary re- hance understanding of the Sanctuary source, except legally harvested fish on environment or to improve resource board a vessel. management decisionmaking; (c) In the Mulia¯ va Unit: (2) Intended to further the edu- (1) The prohibitions in paragraphs cational value of the Sanctuary and (a)(2) through (7) and (a)(9) through (15) thereby enhance understanding of the of § 922.103 do not apply to scientific ex- Sanctuary environmental or improve ploration or research activities con- resource management decisionmaking; ducted by or for the Department of (3) Intended to further the manage- Commerce or the Department of the In- ment of the Sanctuary; or terior. (4) For salvage or recovery oper- (2) Notwithstanding the prohibition ations. in § 922.103(a)(8), the following vessels (b) Permit applications shall be ad- may discharge treated waste from a dressed to the Director, Office National U.S. Coast Guard approved Type I, II, Marine Sanctuaries; ATTN: Sanctuary or III Marine Sanitation device 12 nau- Superintendent, American Samoa Na- tical miles seaward of the Rose Atoll tional Marine Sanctuary, P.O. Box National Wildlife Refuge: 4318, Pago Pago, AS 96799. (c) In considering whether to grant a (i) Vessels engaged in scientific ex- permit, the Director shall evaluate ploration or research activities con- such matters as: ducted by or for the Department of (1) The general professional and fi- Commerce or the Department of the In- nancial responsibility of the applicant; terior; or (2) The appropriateness of the meth- (ii) All other vessels engaged in sci- ods being proposed for the purpose(s) of entific exploration or research activi- the activity; ties, if authorized under a permit (3) The extent to which the conduct issued in consultation with the U.S. of any permitted activity may dimin- Fish and Wildlife Service and in ac- ish or enhance the value of the Sanc- cordance with § 922.48 and § 922.107. tuary as a source of recreation, education, or scientific information; and § 922.106 Management and enforce- (4) The end value of the activity. ment. (d) In addition to meeting the cri- The National Oceanic and Atmos- teria in this section and § 922.48, the ap- pheric Administration (NOAA) has pri- plicant also must demonstrate to the mary responsibility for the manage- Director that: ment of the Sanctuary pursuant to the (1) The activity shall be conducted Act. The American Samoa Department with adequate safeguards for the envi- of Commerce (ASDOC) will assist ronment; and NOAA in the administration of the (2) The environment shall be re- Sanctuary, and act as the lead terri- turned to, or will regenerate to, the torial agency, in conformance with the condition which existed before the ac- terms of designation, these regula- tivity occurred. tions, and the terms and provisions of (e) The Director may, at his or her any grant or cooperative agreement. discretion, grant a permit which has

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been applied for pursuant to this sec- TABLE 3—COORDINATES FOR THE SWAINS tion, in whole or in part, and subject ISLAND UNIT—Continued the permit to such condition(s) as he or Latitude Longitude she deems necessary. Point ID (south) (west)

APPENDIX TO SUBPART J OF PART 922— 3 ...... ¥11.11422 ¥171.09248 AMERICAN SAMOA NATIONAL MARINE 4 ...... ¥11.11005 ¥171.10445 ¥ ¥ SANCTUARY BOUNDARY COORDI- 5 ...... 11.10388 171.11445 6 ...... ¥11.09533 ¥171.12392 NATES 7 ...... ¥11.08375 ¥171.13272 ¥ ¥ [Coordinates listed in this appendix are 8 ...... 11.07268 171.13775 9 ...... ¥11.06112 ¥171.14042 unprojected (Geographic) and based on the 10 ...... ¥11.04880 ¥171.14067 North American Datum of 1983.] 11 ...... ¥11.03618 ¥171.13800 12 ...... ¥11.02673 ¥171.13367 (a) Fagatele Bay 13 ...... ¥11.01853 ¥171.12773 No coordinates are needed in addition to 14 ...... ¥11.01010 ¥171.11828 those described in § 922.101(a). 15 ...... ¥11.00402 ¥171.10710 16 ...... ¥11.00083 ¥171.09728 (b) Fagalua/Fogama’a 17 ...... ¥10.99817 ¥171.08305 18 ...... ¥10.99783 ¥171.06825 No coordinates are needed in addition to 19 ...... ¥10.99983 ¥171.05732 those described in § 922.101(b). 20 ...... ¥11.00373 ¥171.04790 21 ...... ¥11.00955 ¥171.03862 (c) Aunu’u (Zones A, B) 22 ...... ¥11.01752 ¥171.02985 ¥ ¥ The Aunu’u Unit is comprised of two adja- 23 ...... 11.02703 171.02290 ¥ ¥ cent zones, described in § 922.101(c), for which 24 ...... 11.03763 171.01805 25 ...... ¥11.04812 ¥171.01558 the point coordinates are provided in fol- 26 ...... ¥11.05860 ¥171.01527 lowing tables 1 and 2. 27 ...... ¥11.06860 ¥171.01695 28 ...... ¥11.07957 ¥171.02133 TABLE 1—COORDINATES FOR THE AUNU’U UNIT, 29 ...... ¥11.08850 ¥171.02727 ZONE A 30 ...... ¥11.09637 ¥171.03502 31 ...... ¥11.10637 ¥171.04840 32 ...... ¥11.11122 ¥171.05753 Point ID Latitude Longitude (south) (west) 33 ...... ¥11.11457 ¥171.06870 34 ...... ¥11.05188 ¥171.08921 ¥ ¥ 1 ...... 14.286 170.577 35 ...... ¥11.04856 ¥171.09269 2 ...... ¥14.304 ¥170.577 ¥ ¥ ¥ ¥ 36 ...... 11.05487 171.09445 3 ...... 14.302 170.566 ¥ ¥ ¥ ¥ 37 ...... 11.06024 171.09283 4 ...... 14.286 170.533 ¥ ¥ ¥ ¥ 38 ...... 11.05848 171.08824 5 ...... 14.286 170.546 ¥ ¥ 6 ...... ¥14.286 ¥170.562 39 ...... 11.06369 171.07618 ¥ ¥ 7 ...... ¥14.286 ¥170.577 40 ...... 11.06741 171.07364 41 ...... ¥11.06217 ¥171.06622 42 ...... ¥11.05836 ¥171.06879 TABLE 2—COORDINATES FOR THE AUNU’U UNIT, ZONE B (e) Mulia¯ va The Mulia¯ va Unit boundary is defined by Point ID Latitude Longitude (south) (west) the coordinates provided in Table 4 and the textual description in § 922.101(e). 1 ...... ¥14.270 ¥170.496 2 ...... ¥14.286 ¥170.496 3 ...... ¥14.286 ¥170.546 TABLE 4—COORDINATES FOR THE MULIA¯VA UNIT 4 ...... ¥14.280 ¥170.550 ¥ ¥ 5 ...... 14.270 170.550 Point ID Latitude Longitude 6 ...... ¥14.270 ¥170.496 (south) (west)

1 ...... ¥15.387 ¥169.012 (d) Swains Island 2 ...... ¥14.271 ¥169.012 ¥ ¥ The Swains Island Unit boundary is de- 3 ...... 14.271 169.121 ¥ ¥ fined by the coordinates provided in Table 3 4 ...... 14.150 169.121 5 ...... ¥14.150 ¥169.012 and the textual description in § 922.101(d). 6 ...... ¥13.698 ¥169.012 7 ...... ¥13.698 ¥167.283 TABLE 3—COORDINATES FOR THE SWAINS 8 ...... ¥15.387 ¥167.283 ISLAND UNIT 9 ...... ¥15.387 ¥169.012

Latitude Longitude (f) Ta’u Unit Point ID (south) (west) The Ta’u Unit boundary is defined by the 1 ...... ¥11.11457 ¥171.06870 coordinates provided in Table 5 and the tex- 2 ...... ¥11.11565 ¥171.07980 tual description in § 922.101(f).

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TABLE 5—COORDINATES FOR THE TA’U UNIT (the Sanctuary’s) eastern and northern boundaries. Latitude Longitude Point ID (south) (west) [80 FR 13115, Mar. 12, 2015, as amended at 80 FR 34048, June 15, 2015] 1 ...... ¥14.24889 ¥169.503056 2 ...... ¥14.273056 ¥169.488056 § 922.111 Definitions. 3 ...... ¥14.277222 ¥169.488056 4 ...... ¥14.261111 ¥169.429167 In addition to the definitions found 5 ...... ¥14.293889 ¥169.429167 in § 922.3, the following definitions 6 ...... ¥14.293889 ¥169.519722 apply to this subpart: 7 ...... ¥14.24889 ¥169.519722 Clean means not containing detect- ¥ ¥ 8 ...... 14.24889 169.503056 able levels of harmful matter. Cruise ship means a vessel with 250 or [80 FR 79683, Dec. 23, 2015] more passenger berths for hire. Harmful matter means any substance, Subpart K—Cordell Bank National or combination of substances, that be- Marine Sanctuary cause of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or po- SOURCE: 80 FR 13115, Mar. 12, 2015, unless tential threat to Sanctuary resources otherwise noted. or qualities, including but not limited to: fishing nets, fishing line, hooks, § 922.110 Boundary. fuel, oil, and those contaminants (re- The Cordell Bank National Marine gardless of quantity) listed pursuant to Sanctuary (Sanctuary) boundary en- title 42 of the United States Code. compasses a total area of approxi- Introduced species means any species mately 971 square nautical miles (1,286 (including, but not limited to, any of square miles) of offshore ocean waters, its biological matter capable of propa- and submerged lands thereunder, sur- gation) that is non-native to the eco- rounding the submarine plateau known systems of the Sanctuary; or any orga- as Cordell Bank along-the northern nism into which altered genetic mat- coast of California, approximately 45 ter, or genetic matter from another nautical miles west-northwest of San species, has been transferred in order Francisco, California. The precise that the host organism acquires the ge- boundary coordinates are listed in ap- netic traits of the transferred genes. pendix A to this subpart. The northern boundary of the Sanctuary is a rhumb § 922.112 Prohibited or otherwise reg- line that begins approximately 6 nau- ulated activities. tical miles (7 miles) west of Bodega (a) The following activities are pro- Head in Sonoma County, California at hibited and thus are unlawful for any Point 1 and extends west approxi- person to conduct or to cause to be mately 38 nautical miles (44 miles) to conducted within the Sanctuary: Point 2. This line is part of a shared (1) Exploring for, developing, or pro- boundary between the Sanctuary and ducing oil, gas, or minerals. Greater Farallones National Marine (2)(i) Discharging or depositing from Sanctuary (GFNMS). The western within or into the Sanctuary, other boundary of the Sanctuary extends than from a cruise ship, any material south from Point 2 approximately 34 or other matter except: nautical miles (39 miles) to Point 3. (A) Fish, fish parts, chumming mate- From Point 3 the Sanctuary boundary rials, or bait used in or resulting from continues east 15 nautical miles (17 lawful fishing activities within the miles) to Point 4 where it intersects Sanctuary, provided that such dis- the GFNMS boundary again. The line charge or deposit is during the conduct from Point 3 to Point 4 forms the of lawful fishing activity within the southernmost boundary of the Sanc- Sanctuary; tuary. The eastern boundary of the (B) For a vessel less than 300 gross Sanctuary is a series of straight lines registered tons (GRT), or a vessel 300 connecting Points 4 through 20 in nu- GRT or greater without sufficient hold- merical sequence. The Sanctuary is co- ing tank capacity to hold sewage while terminous with GFNMS along both its within the Sanctuary, clean effluent

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generated incidental to vessel use and located on Cordell Bank. This prohibi- generated by an operable Type I or II tion does not apply to use of bottom marine sanitation device (U.S. Coast contact gear used during fishing activi- Guard classification) approved in ac- ties, which is prohibited pursuant to 50 cordance with section 312 of the Fed- CFR part 660 (Fisheries off West Coast eral Water Pollution Control Act, as States). The coordinates for the line amended, (FWPCA), 33 U.S.C. 1322. Ves- representing the 50-fathom isobath are sel operators must lock all marine listed in appendix B to this subpart, sanitation devices in a manner that and the 50-fathom isobath is approxi- prevents discharge or deposit of un- mated by connecting these coordinates treated sewage; with straight line arcs in numerical se- (C) Clean vessel deck wash down, quence from Point 1 to Point 15. There clean vessel engine cooling water, is a rebuttable presumption that any clean vessel generator cooling water, such resource found in the possession clean bilge water, or anchor wash; of a person within the Sanctuary was (D) For a vessel less than 300 GRT or taken or removed by that person. a vessel 300 GRT or greater without (4)(i) On or within the line rep- sufficient holding capacity to hold resenting the 50-fathom isobath sur- graywater while within the Sanctuary, rounding Cordell Bank, drilling into, clean graywater as defined by section dredging, or otherwise altering the sub- 312 of the FWPCA; merged lands; or constructing, placing, (E) Vessel engine or generator ex- or abandoning any structure, material haust; or or other matter on or in the submerged (F) For a United States Coast Guard lands. This prohibition does not apply vessel without sufficient holding tank to use of bottom contact gear used dur- capacity and without a Type I or II ma- ing fishing activities, which is prohib- rine sanitation device, and operating ited pursuant to 50 CFR part 660 (Fish- within the designated area [2015 expan- eries off West Coast States). The co- sion area] defined in appendix C of this ordinates for the line representing the subpart, sewage and non-clean 50-fathom isobath are listed in appen- graywater as defined by section 312 of dix B to this subpart, and the 50-fath- the FWPCA generated incidental to om isobath is approximated by con- vessel use, and ammunition, pyrotech- necting these coordinates with straight nics or other materials directly related line arcs in numerical sequence from to search and rescue and live ammuni- Point 1 to Point 15. tion training activities conducted by (ii) In the Sanctuary beyond the line United States Coast Guard vessels and representing the 50-fathom isobath sur- aircraft in the designated areas defined rounding Cordell Bank, drilling into, in appendix C of this subpart. dredging, or otherwise altering the sub- (ii) Discharging or depositing from merged lands; or constructing, placing, within or into the Sanctuary any ma- or abandoning any structure, material terial or other matter from a cruise or matter on the submerged lands ex- ship except clean vessel engine cooling cept as incidental and necessary for an- water, clean vessel generator cooling choring any vessel or lawful use of any water, vessel engine or generator ex- fishing gear during normal fishing ac- haust, clean bilge water, or anchor tivities. The coordinates for the line wash. representing the 50-fathom isobath are (iii) Discharging or depositing, from listed in Appendix B to this subpart, beyond the boundary of the Sanctuary, and the 50-fathom isobath is approxi- any material or other matter that sub- mated by connecting these coordinates sequently enters the Sanctuary and in- with straight line arcs in numerical se- jures a Sanctuary resource or quality, quence from Point 1 to Point 15. except as listed in paragraphs (a)(2)(i) (5) Taking any marine mammal, sea and (ii) of this section. turtle, or bird within or above the (3) On or within the line representing Sanctuary, except as authorized by the the 50-fathom isobath surrounding Marine Mammal Protection Act, as Cordell Bank, removing, taking, or in- amended, (MMPA), 16 U.S.C. 1361 et juring or attempting to remove, take, seq., Endangered Species Act, as or injure benthic invertebrates or algae amended, (ESA), 16 U.S.C. 1531 et seq.,

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Migratory Bird Treaty Act, as amend- Use permit issued pursuant to section ed, (MBTA), 16 U.S.C. 703 et seq., or any 310 of the Act. regulation, as amended, promulgated (e) Where necessary to prevent imme- under the MMPA, ESA, or MBTA. diate, serious, and irreversible damage (6) Possessing within the Sanctuary to a Sanctuary resource, any activity (regardless of where taken, moved or may be regulated within the limits of removed from), any marine mammal, the Act on an emergency basis for no sea turtle or bird taken, except as au- more than 120 days. thorized by the MMPA, ESA, MBTA, [80 FR 13115, Mar. 12, 2015, as amended at 83 by any regulation, as amended, pro- FR 55967, Nov. 9, 2018] mulgated under the MMPA, ESA, or MBTA, or as necessary for valid law § 922.113 Permit procedures and enforcement purposes. issuance criteria. (7) Possessing, moving, removing, or (a) A person may conduct an activity injuring, or attempting to possess, prohibited by § 922.112(a)(2) through (7), move, remove or injure, a Sanctuary if such activity is specifically author- historical resource. ized by, and conducted in accordance (8) Introducing or otherwise releasing with the scope, purpose, terms and con- from within or into the Sanctuary an ditions of, a permit issued under § 922.48 introduced species, except striped bass and this section. (Morone saxatilis) released during catch (b) The Director, at his or her discre- and release fishing activity. tion, may issue a national marine sanc- (9) Interfering with, obstructing, de- tuary permit under this section, sub- laying, or preventing an investigation, ject to terms and conditions, as he or search, seizure, or disposition of seized she deems appropriate, if the Director property in connection with enforce- finds that the activity will: ment of the Act or any regulation or (1) Further research or monitoring permit issued under the Act. related to Sanctuary resources and (b) The prohibitions in paragraph (a) qualities; of this section do not apply to activi- (2) Further the educational value of ties necessary to respond to an emer- the Sanctuary; gency threatening life, property or the (3) Further salvage or recovery oper- environment. ations in or near the Sanctuary in con- (c) All activities being carried out by nection with a recent air or marine the Department of Defense (DOD) with- casualty; or in the Sanctuary on the effective date (4) Assist in managing the Sanc- of designation or expansion of the tuary. Sanctuary that are necessary for na- (c) In deciding whether to issue a per- tional defense are exempt from the pro- mit, the Director shall consider such hibitions contained in the regulations factors as: in this subpart. Additional DOD activi- (1) The applicant is qualified to con- ties initiated after the effective date of duct and complete the proposed activ- designation or expansion that are nec- ity; essary for national defense will be ex- (2) The applicant has adequate finan- empted by the Director after consulta- cial resources available to conduct and tion between the Department of Com- complete the proposed activity; merce and DOD. DOD activities not (3) The methods and procedures pro- necessary for national defense, such as posed by the applicant are appropriate routine exercises and vessel operations, to achieve the goals of the proposed ac- are subject to all prohibitions con- tivity, especially in relation to the po- tained in the regulations in this sub- tential effects of the proposed activity part. on Sanctuary resources and qualities; (d) The prohibitions in paragraphs (4) The proposed activity will be con- (a)(2) through (7) of this section do not ducted in a manner compatible with apply to any activity executed in ac- the primary objective of protection of cordance with the scope, purpose, Sanctuary resources and qualities, con- terms, and conditions of a National sidering the extent to which the con- Marine Sanctuary permit issued pursu- duct of the activity may diminish or ant to §§ 922.48 and 922.113 or a Special enhance Sanctuary resources and

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qualities, any potential indirect, sec- SANCTUARY BOUNDARY COORDINATES— ondary or cumulative effects of the ac- Continued tivity, and the duration of such effects; Point (5) The proposed activity will be con- ID No. Latitude Longitude ducted in a manner compatible with the value of the Sanctuary, considering 13 ...... 38.09069 ¥123.10387 14 ...... 38.10215 ¥123.09804 the extent to which the conduct of the 15 ...... 38.12829 ¥123.08742 activity may result in conflicts be- 16 ...... 38.14072 ¥123.08237 tween different users of the Sanctuary, 17 ...... 38.16576 ¥123.09207 18 ...... 38.21001 ¥123.11913 and the duration of such effects; 19 ...... 38.26390 ¥123.18138 (6) It is necessary to conduct the pro- 20 ...... 38.29989 ¥123.20005 posed activity within the Sanctuary; (7) The reasonably expected end value APPENDIX B TO SUBPART K OF PART of the proposed activity to the further- 922—LINE REPRESENTING THE 50- ance of Sanctuary goals and purposes FATHOM ISOBATH SURROUNDING outweighs any potential adverse effects CORDELL BANK on Sanctuary resources and qualities from the conduct of the activity; and Coordinates listed in this appendix are (8) The Director may consider addi- unprojected (Geographic Coordinate System) tional factors as he or she deems appro- and based on the North American Datum of priate. 1983 (NAD83). (d) Applications. (1) Applications for CORDELL BANK FIFTY FATHOM LINE permits should be addressed to the Di- COORDINATES rector, Office of National Marine Sanc- tuaries; ATTN: Superintendent, Cordell Point Latitude Longitude Bank National Marine Sanctuary, P.O. ID No. Box 159, Olema, CA 94950. 1 ...... 37.96034 ¥123.40371 (2) In addition to the information 2 ...... 37.96172 ¥123.42081 listed in § 922.48(b), all applications 3 ...... 37.9911 ¥123.44379 4 ...... 38.00406 ¥123.46443 must include information to be consid- 5 ...... 38.01637 ¥123.46076 ered by the Director in paragraph (b) 6 ...... 38.04684 ¥123.47920 and (c) of this section. 7 ...... 38.07106 ¥123.48754 8 ...... 38.07588 ¥123.47195 (e) The permittee must agree to hold 9 ...... 38.06451 ¥123.46146 the United States harmless against any 10 ...... 38.07123 ¥123.44467 claims arising out of the conduct of the 11 ...... 38.04446 ¥123.40286 permitted activities. 12 ...... 38.01442 ¥123.38588 13 ...... 37.98859 ¥123.37533 14 ...... 37.97071 ¥123.38605 APPENDIX A TO SUBPART K OF PART 15 ...... 37.96034 ¥123.40371 922—CORDELL BANK NATIONAL MA- RINE SANCTUARY BOUNDARY COORDI- APPENDIX C TO SUBPART K OF PART NATES 922—DESIGNATED AREA FOR CERTAIN Coordinates listed in this appendix are UNITED STATES COAST GUARD DIS- unprojected (Geographic Coordinate System) CHARGES and based on the North American Datum of 1983 (NAD83). Coordinates listed in this appendix are unprojected (Geographic Coordinate System) SANCTUARY BOUNDARY COORDINATES and based on the North American Datum of 1983 (NAD83). The portion of the Cordell Bank National Point Latitude Longitude ID No. Marine Sanctuary area [2015 expansion area] where the exception for discharges from 1 ...... 38.29989 ¥123.20005 2 ...... 38.29989 ¥123.99988 United States Coast Guard activities applies 3 ...... 37.76687 ¥123.75143 is defined as follows. Beginning with Point 1, 4 ...... 37.76687 ¥123.42694 identified in the coordinate table in this ap- 5 ...... 37.83480 ¥123.42579 pendix, the boundary extends from Point 1 to 6 ...... 37.90464 ¥123.38958 Point 2 in a straight line arc and continues 7 ...... 37.95880 ¥123.32312 in numerical order through each subsequent ¥ 8 ...... 37.98947 123.23615 point to Point 38. From Point 38 the bound- 9 ...... 37.99227 ¥123.14137 10 ...... 38.05202 ¥123.12827 ary extends west along the northern bound- 11 ...... 38.06505 ¥123.11711 ary of Cordell Bank National Marine Sanc- 12 ...... 38.07898 ¥123.10924 tuary to Point 39 where it ends.

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Point No. Latitude Longitude total of 42.34 nmi2 (145.09 square kilometers). The boundary coordinates for 1 ...... 38.29989 ¥123.99988 2 ...... 37.76687 ¥123.75143 each area are listed in appendix A to 3 ...... 37.76716 ¥123.42758 this subpart. 4 ...... 37.77033 ¥123.43466 5 ...... 37.78109 ¥123.44694 [65 FR 81178, Dec. 22, 2000] 6 ...... 37.78383 ¥123.45466 7 ...... 37.79487 ¥123.46721 § 922.121 Definitions. 8 ...... 37.80094 ¥123.47313 9 ...... 37.81026 ¥123.46897 As used in this subpart: 10 ...... 37.81365 ¥123.47906 Attract or attracting means the con- 11 ...... 37.82296 ¥123.49280 duct of any activity that lures or may 12 ...... 37.84988 ¥123.51749 13 ...... 37.86189 ¥123.52197 lure any animal in the Sanctuary by 14 ...... 37.87637 ¥123.52192 using food, bait, chum, dyes, decoys 15 ...... 37.88541 ¥123.52967 (e.g., surfboards or body boards used as 16 ...... 37.90725 ¥123.53937 17 ...... 37.92288 ¥123.54360 decoys), acoustics or any other means, 18 ...... 37.93858 ¥123.54701 except the mere presence of human 19 ...... 37.94901 ¥123.54777 beings (e.g., swimmers, divers, boaters, 20 ...... 37.95528 ¥123.56199 21 ...... 37.96683 ¥123.57859 kayakers, surfers). 22 ...... 37.97761 ¥123.58746 Clean means not containing detect- 23 ...... 37.98678 ¥123.59988 able levels of harmful matter. 24 ...... 37.99847 ¥123.61331 25 ...... 38.01366 ¥123.62494 Disturb or disturbing a ray or whale 26 ...... 38.01987 ¥123.62450 shark means to, or attempt to touch, 27 ...... 38.02286 ¥123.61531 handle, ride, pursue, chase away, hunt, 28 ...... 38.02419 ¥123.59864 restrain, detain (no matter how tempo- 29 ...... 38.03409 ¥123.59904 30 ...... 38.04614 ¥123.60611 rarily), capture, collect, or conduct any 31 ...... 38.05308 ¥123.60549 other activity that disrupts or has the 32 ...... 38.06188 ¥123.61546 potential to disrupt any ray or whale 33 ...... 38.07451 ¥123.62162 34 ...... 38.08289 ¥123.62065 shark in the Sanctuary by any means. 35 ...... 38.11256 ¥123.63344 Notwithstanding the above, the mere 36 ...... 38.13219 ¥123.64265 presence of human beings (e.g., swim- 37 ...... 38.26390 ¥123.18138 mers, divers, boaters, kayakers) is ex- 38 ...... 38.29989 ¥123.20005 39 ...... 38.29989 ¥123.99988 empted from this definition. Harmful matter means any substance, or combination of substances, that be- [83 FR 55967, Nov. 9, 2018] cause of its quantity, concentration, or physical, chemical, or infectious char- Subpart L—Flower Garden Banks acteristics may pose a present or po- National Marine Sanctuary tential threat to Sanctuary resources or qualities, including but not limited § 922.120 Boundary. to: Fishing nets, fishing line, hooks, The Flower Garden Banks National fuel, oil, and those contaminants (re- Marine Sanctuary (the Sanctuary) con- gardless of quantity) listed at 40 CFR sists of three separate areas of ocean 302.4 pursuant to 42 U.S.C. 9601(14) of waters over and surrounding the East the Comprehensive Environmental Re- and West Flower Garden Banks and sponse, Compensation, and Liability Stetson Bank, and the submerged lands Act, as amended. thereunder including the Banks, in the No-activity zone means the two geo- northwestern Gulf of Mexico. The area graphic areas delineated by the Depart- designated at the East Bank is located ment of the Interior in stipulations for approximately 120 nautical miles (nmi) OCS lease sale 112 over and sur- south-southwest of Cameron, Lou- rounding the East and West Flower isiana, and encompasses 19.20 nmi2. Garden Banks, and the geographic area The area designated at the West Bank delineated by the Department of the is located approximately 110 nmi Interior in stipulations for OCS lease southeast of Galveston, Texas, and en- sale 171 over and surrounding Stetson compasses 22.50 nmi2. The area des- Bank, as areas in which activities asso- ignated at Stetson Bank is located ap- ciated with exploration for, develop- proximately 70 nmi southeast of Gal- ment of, or production of hydrocarbons veston, Texas, and encompasses 0.64 are prohibited. The precise aliquot part nmi2. The three areas encompass a description of these areas around the

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East and West Flower Garden Banks (A) Fish, fish parts, chumming mate- are provided in appendix B of this sub- rials, or bait used in or resulting from part; the no-activity zone around fishing with conventional hook and Stetson Bank is defined as the 52 meter line gear in the Sanctuary, provided isobath. These particular aliquot part that such discharge or deposit occurs descriptions for the East and West during the conduct of such fishing Flower Garden Banks, and the 52 meter within the Sanctuary; isobath around Stetson Bank, define (B) Clean effluent generated inci- the geographic scope of the ‘‘no-activ- dental to vessel use by an operable ity zones’’ for purposes of the regula- Type I or Type II marine sanitation de- tions in this subpart. The descriptions vice (U.S. Coast Guard classification) for the East and West Flower Garden approved in accordance with section Banks no-activity zones are based on 312 of the Federal Water Pollution Con- the ‘‘1/41/41/4’’ system formerly used by trol Act, as amended (FWPCA), 33 the Department of the Interior, a U.S.C. 1322. Vessel operators must lock method that delineates a specific por- marine sanitation devices in a manner tion of a block rather than the actual that prevents discharge or deposit of underlying isobath. untreated sewage; [77 FR 25068, Apr. 27, 2012] (C) Clean vessel deck wash down, clean vessel engine cooling water, § 922.122 Prohibited or otherwise reg- clean vessel generator cooling water, ulated activities. clean bilge water, or anchor wash; (a) Except as specified in paragraphs (D) Engine exhaust; (c) through (h) of this section, the fol- (E) In areas of the Sanctuary outside lowing activities are prohibited and the no-activity zones, drilling cuttings thus are unlawful for any person to and drilling fluids necessarily dis- conduct or to cause to be conducted: charged incidental to the exploration (1) Exploring for, developing, or pro- for, development of, or production of ducing oil, gas, or minerals except out- oil or gas in those areas and in accord- side of all no-activity zones and pro- ance with the shunting requirements of vided all drilling cuttings and drilling paragraph (a)(1) of this section unless fluids are shunted to the seabed such discharge injures a Sanctuary re- through a downpipe that terminates an source or quality. appropriate distance, but no more than (ii) Discharging or depositing, from ten meters, from the seabed. beyond the boundaries of the Sanc- (2)(i) Anchoring any vessel within the tuary, any material or other matter, Sanctuary. except those listed in paragraphs (ii) Mooring any vessel within the (a)(3)(i)(A) through (D) of this section, Sanctuary, except that vessels 100 feet that subsequently enters the Sanc- (30.48 meters) or less in registered tuary and injures a Sanctuary resource length may moor to a Sanctuary moor- or quality. ing buoy. (4) Drilling into, dredging, or other- (iii) Mooring a vessel in the Sanc- wise altering the seabed of the Sanc- tuary without clearly displaying the tuary (except as allowed under para- blue and white International Code flag graph (c) of this section); or con- ‘‘A’’ (‘‘alpha’’ dive flag) or the red and structing, placing, or abandoning any white ‘‘sports diver’’ flag whenever a structure, material, or other matter on SCUBA diver from that vessel is in the the seabed of the Sanctuary. water and removing the ‘‘alpha’’ dive (5) Injuring or removing, or attempt- flag or ‘‘sports diver’’ flag after all ing to injure or remove, any coral or SCUBA divers exit the water and re- other bottom formation, coralline turn back on board the vessel, con- algae or other plant, marine inverte- sistent with U.S. Coast Guard guide- brate, brine-seep biota, or carbonate lines relating to sports diving as con- rock within the Sanctuary. tained within ‘‘Special Notice to Mari- (6) Taking any marine mammal or ners’’ (00–208) for the Gulf of Mexico. turtle within the Sanctuary, except as (3)(i) Discharging or depositing from permitted by regulations, as amended, within or into the Sanctuary any ma- promulgated under the Marine Mam- terial or other matter except: mal Protection Act, as amended, 16

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U.S.C. 1361 et seq., and the Endangered (e)(1) The prohibitions in paragraphs Species Act, as amended, 16 U.S.C. 1531 (a)(2) through (11) of this section do not et seq. apply to activities being carried out by (7) Killing, injuring, attracting, the Department of Defense as of the ef- touching, or disturbing a ray or whale fective date of Sanctuary designation shark in the Sanctuary. Notwith- (January 18, 1994). Such activities shall standing the above, the incidental and be carried out in a manner that mini- unintentional injury to a ray or whale mizes any adverse impact on Sanc- shark as a result of fishing with con- tuary resources and qualities. The pro- ventional hook and line gear is exempt- hibitions in paragraphs (a)(2) through ed from this prohibition. (11) of this section do not apply to any (8) Injuring, catching, harvesting, new activities carried out by the De- collecting, or feeding, or attempting to partment of Defense that do not have injure, catch, harvest, collect, or feed, the potential for any significant ad- any fish within the Sanctuary by use of verse impacts on Sanctuary resources bottom longlines, traps, nets, bottom or qualities. Such activities shall be trawls, or any other gear, device, carried out in a manner that minimizes equipment, or means except by use of any adverse impact on Sanctuary re- conventional hook and line gear. sources and qualities. New activities (9) Possessing within the Sanctuary with the potential for significant ad- (regardless of where collected, caught, verse impacts on Sanctuary resources harvested or removed), except for valid or qualities may be exempted from the law enforcement purposes, any car- prohibitions in paragraphs (a)(2) bonate rock, coral or other bottom for- through (11) of this section by the Di- mation, coralline algae or other plant, rector after consultation between the marine invertebrate, brine-seep biota, Director and the Department of De- or fish (except for fish caught by use of fense. If it is determined that an activ- conventional hook and line gear). ity may be carried out, such activity (10) Possessing or using within the shall be carried out in a manner that Sanctuary, except possessing while minimizes any adverse impact on Sanc- passing without interruption through tuary resources and qualities. it or for valid law enforcement pur- (2) In the event of threatened or ac- poses, any fishing gear, device, equip- tual destruction of, loss of, or injury to ment or means except conventional a Sanctuary resource or quality result- hook and line gear. ing from an untoward incident, includ- (11) Possessing, except for valid law ing but not limited to spills and enforcement purposes, or using explo- groundings, caused by a component of sives or releasing electrical charges the Department of Defense, the cog- within the Sanctuary. nizant component shall promptly co- (b) If any valid regulation issued by ordinate with the Director for the pur- any Federal authority of competent ju- pose of taking appropriate actions to risdiction, regardless of when issued, respond to and mitigate the harm and, conflicts with a Sanctuary regulation, if possible, restore or replace the Sanc- the regulation deemed by the Director tuary resource or quality. as more protective of Sanctuary re- (f) The prohibitions in paragraphs sources and qualities shall govern. (a)(2) through (11) of this section do not (c) The prohibitions in paragraphs apply to any activity executed in ac- (a)(2)(i), (a)(4), and (a)(11) of this sec- cordance with the scope, purpose, tion do not apply to necessary activi- terms, and conditions of a National ties conducted in areas of the Sanc- Marine Sanctuary permit issued pursu- tuary outside the no-activity zones and ant to § 922.48 and § 922.123 or a Special incidental to exploration for, develop- Use permit issued pursuant to section ment of, or production of oil or gas in 310 of the Act. those areas. (g) The prohibitions in paragraphs (d) The prohibitions in paragraphs (a)(2) through (11) of this section do not (a)(2) through (11) of this section do not apply to any activity authorized by apply to activities necessary to re- any lease, permit, license, approval or spond to emergencies threatening life, other authorization issued after Janu- property, or the environment. ary 18, 1994, provided that the applicant

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complies with § 922.49, the Director no- the activity will: Further research re- tifies the applicant and authorizing lated to Sanctuary resources; further agency that he or she does not object the educational, natural or historical to issuance of the authorization, and resource value of the Sanctuary; fur- the applicant complies with any terms ther salvage or recovery operations in and conditions the Director deems nec- or near the Sanctuary in connection essary to protect Sanctuary resources with a recent air or marine casualty; and qualities. or assist in managing the Sanctuary. (h) Notwithstanding paragraphs (f) In deciding whether to issue a permit, and (g) of this section, in no event may the Director shall consider such factors the Director issue a National Marine as: The professional qualifications and Sanctuary permit under § 922.48 and financial ability of the applicant as re- § 922.123 or a Special Use permit under lated to the proposed activity; the du- section 10 of the Act authorizing, or ration of the activity and the duration otherwise approve, the exploration for, of its effects; the appropriateness of development of, or production of oil, the methods and procedures proposed gas, or minerals in a no-activity zone. by the applicant for the conduct of the Any leases, permits, approvals, or activity; the extent to which the con- other authorizations authorizing the duct of the activity may diminish or exploration for, development of, or pro- enhance Sanctuary resources and duction of oil, gas, or minerals in a no- qualities; the cumulative effects of the activity zone and issued after the Jan- activity; and the end value of the ac- uary 18, 1994 shall be invalid. tivity. In addition, the Director may [77 FR 25069, Apr. 27, 2012] consider such other factors as he or she deems appropriate. § 922.123 Permit procedures and cri- (d) It shall be a condition of any per- teria. mit issued that the permit or a copy (a) A person may conduct an activity thereof be displayed on board all ves- prohibited by § 922.122(a)(2) through (11) sels or aircraft used in the conduct of if conducted in accordance with the the activity. scope, purpose, terms, and conditions (e) The Director may, inter alia, make of a permit issued under this section it a condition of any permit issued that and § 922.48. any information obtained under the (b) Applications for such permits permit be made available to the public. should be addressed to the Director, Of- fice of National Marine Sanctuaries; (f) The Director may, inter alia, make Attn: Superintendent, Flower Garden it a condition of any permit issued that Banks National Marine Sanctuary, 4700 a NOAA official be allowed to observe Avenue U, Building 216, Galveston, TX any activity conducted under the per- 77551. mit and/or that the permit holder sub- (c) The Director, at his or her discre- mit one or more reports on the status, tion, may issue a permit, subject to progress, or results of any activity au- such terms and conditions as he or she thorized by the permit. deems appropriate, to conduct an ac- [60 FR 66877, Dec. 27, 1995, as amended at 65 tivity prohibited by § 922.122(a)(2) FR 81178, Dec. 22, 2000; 77 FR 25070, Apr. 27, through (11), if the Director finds that 2012]

APPENDIX A TO SUBPART L OF PART 922—FLOWER GARDEN BANKS NATIONAL MARINE SANCTUARY BOUNDARY COORDINATES This appendix contains a second set of boundary coordinates using the geographic positions of the North American Datum of 1983 (NAD 83). FGBNMS coordinates are now provided in both North American Datum of 1927 (NAD 27) and NAD 83.

Point Latitude (N) Longitude (W) Point Latitude (N) Longitude (W)

East Flower Garden Bank: (NAD 27) E–3 ...... 27° 55′ 13.64286″ ...... 93° 38′ 40.34368″ E–4 ...... 27° 57′ 30.71927″ ...... 93° 38′ 33.26982″ E–1 ...... 27° 52′ 53.82718″ ...... 93° 37′ 41.30310″ E–5 ...... 27° 58′ 27.66896″ ...... 93° 37′ 46.12447″ E–2 ...... 27° 53′ 34.83434″ ...... 93° 38′ 23.35445″ E–6 ...... 27° 59′ 01.41554″ ...... 93° 35′ 31.74954″

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Point Latitude (N) Longitude (W) Point Latitude (N) Longitude (W)

E–7 ...... 27° 59′ 00.50888″ ...... 93° 35′ 09.69198″ E–3 ...... 27° 55′ 14.61048″ ...... 93° 38′ 40.88638″ E–8 ...... 27° 55′ 22.38258″ ...... 93° 34′ 14.79162″ E–4 ...... 27° 57′ 31.68349″ ...... 93° 38′ 33.81421″ E–9 ...... 27° 54′ 04.05605″ ...... 93° 34′ 18.88720″ E–5 ...... 27° 58′ 28.63153″ ...... 93° 37′ 46.66809″ E–10 ...... 27° 53′ 26.70972″ ...... 93° 35′ 05.00978″ E–6 ...... 27° 59′ 02.37658″ ...... 93° 35′ 32.28918″ E–11 ...... 27° 52′ 52.06998″ ...... 93° 36′ 57.23078″ E–7 ...... 27° 59′ 01.46983″ ...... 93° 35′ 10.23088″ E–8 ...... 27° 55′ 23.34849″ ...... 93° 34′ 15.32560″ West Flower Garden Bank: (NAD 27) E–9 ...... 27° 54′ 05.02387″ ...... 93° 34′ 19.42020″ E–10 ...... 27° 53′ 27.67871″ ...... 93° 35′ 05.54379″ ° ′ ″ ° ′ ″ W–1 ...... 27 49 10.16324 ...... 93 50 45.27154 E–11 ...... 27° 52′ 53.04047″ ...... 93° 36′ 57.76805″ W–2 ...... 27° 50′ 12.35976″ ...... 93° 52′ 10.47158″ W–3 ...... 27° 51′ 12.82777″ ...... 93° 52′ 51.63488″ West Flower Garden Bank: (NAD 83) W–4 ...... 27° 51′ 32.41145″ ...... 93° 52′ 50.66983″ W–5 ...... 27° 52′ 49.88791″ ...... 93° 52′ 24.77053″ W–1 ...... 27° 49′ 11.14452″ ...... 93° 50′ 45.83401″ W–6 ...... 27° 55′ 00.93450″ ...... 93° 49′ 43.68090″ W–2 ...... 27° 50′ 13.34001″ ...... 93° 52′ 11.03791″ W–7 ...... 27° 54′ 58.33040″ ...... 93° 48′ 37.54501″ W–3 ...... 27° 51′ 13.80672″ ...... 93° 52′ 52.20349″ W–8 ...... 27° 54′ 35.26067″ ...... 93° 47′ 10.34866″ W–4 ...... 27° 51′ 33.38988″ ...... 93° 52′ 51.23867″ W–9 ...... 27° 54′ 14.80334″ ...... 93° 46′ 49.28963″ W–5 ...... 27° 52′ 50.86415″ ...... 93° 52′ 25.33954″ ° ′ ″ ° ′ ″ W–10 ...... 27 53 35.63704 ...... 93 46 51.25825 W–6 ...... 27° 55′ 01.90633″ ...... 93° 49′ 44.24605″ ° ′ ″ ° ′ ″ W–11 ...... 27 52 57.34474 ...... 93 47 15.26428 W–7 ...... 27° 54′ 59.30189″ ...... 93° 48′ 38.10780″ ° ′ ″ ° ′ ″ W–12 ...... 27 50 40.26361 ...... 93 47 22.14179 W–8 ...... 27° 54′ 36.23221″ ...... 93° 47′ 10.90806″ ° ′ ″ ° ′ ″ W–13 ...... 27 49 10.89894 ...... 93 48 42.72307 W–9 ...... 27° 54′ 15.77527″ ...... 93° 46′ 49.84801″ W–10 ...... 27° 53′ 36.60997″ ...... 93° 46′ 51.81616″ Stetson Bank: (NAD 27) W–11 ...... 27° 52′ 58.31880″ ...... 93° 47′ 15.82251″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ W–12 ...... 27 50 41.24120 ...... 93 47 22.69837 S–1 ...... 28 09 30.06738 ...... 94 18 31.34461 W–13 ...... 27° 49′ 11.87936″ ...... 93° 48′ 43.28125″ S–2 ...... 28° 10′ 09.24374″ ...... 94° 18′ 29.57042″ ° ′ ″ ° ′ ″ S–3 ...... 28 10 06.88036 ...... 94 17 23.26201 Stetson Bank: (NAD 83) S–4 ...... 28° 09′ 27.70425″ ...... 94° 17′ 25.04315″ S–1 ...... 28° 09′ 31.02671″ ...... 94° 18′ 31.98164″ East Flower Garden Bank: (NAD 83) S–2 ...... 28° 10′ 10.20196″ ...... 94° 18′ 30.20776″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ S–3 ...... 28 10 07.83821 ...... 94 17 23.89688 E–1 ...... 27 52 54.84288 ...... 93 37 41.84187 S–4 ...... 28° 09′ 28.66320″ ...... 94° 17′ 25.67770″ E–2 ...... 27° 53′ 35.80428″ ...... 93° 38′ 23.89520″

[65 FR 81178, Dec. 22, 2000]

APPENDIX B TO SUBPART L OF PART Block A–388 OORDINATES FOR THE EPART 922—C D - NE1⁄4; E1⁄2, NW1⁄4; E1⁄2, NW1⁄4, NW1⁄4; NE1⁄4, MENT OF THE INTERIOR TOPOGRAPHIC SW1⁄4, NW1⁄4; E1⁄2, LEASE STIPULATIONS FOR OCS NE1⁄4, SW1⁄4; NW1⁄4, NE1⁄4, SW1⁄4; NE1⁄4, NW1⁄4, LEASE SALE 171 SW1⁄4; NE1⁄4, SE1⁄4, SW1⁄4, NE1⁄4; NE1⁄4, NE1⁄4, SE1⁄4; W1⁄2, LIQUOT ART ESCRIPTION OF IOLOGICAL A P D B NE1⁄4, SE1⁄4; NW1⁄4, STIPULATION AREA EAST GARDEN BANK Block A–389 Block A–366 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) NE1⁄4, NW1⁄4; NW1⁄4, NW1⁄4; SW1⁄4, NW1⁄4; NE1⁄4, SE1⁄4, NW1⁄4; W1⁄2, SE1⁄4, SW1⁄4; S1⁄2, NE1⁄4, SE1⁄4; SE1⁄4, NW1⁄4, SE1⁄4, NW1⁄4; N1⁄2, NW1⁄4, SW1⁄4. SE1⁄4; S1⁄2, SE1⁄4. ALIQUOT PART DESCRIPTION OF BIOLOGICAL Block A–376 STIPULATION AREA WEST GARDEN BANK

W1⁄2, NW1⁄4, SW1⁄4; SW1⁄4, SW1⁄4, SW1⁄4. Block A–383 Texas Leasing Map No. 7C (High Block A–374 Island Area East Addition South Extension)

1 1 1 1 1 1 W1⁄2, NW1⁄4, NW1⁄4; W1⁄2, SW1⁄4, NW1⁄4; SE1⁄4, E ⁄2, SE ⁄4, SE ⁄4; SW ⁄4, SE ⁄4, SE ⁄4. SW1⁄4, NW1⁄4; SW1⁄4, Block A–384 NE1⁄4, SW1⁄4, W1⁄2, SW1⁄4; W1⁄2, SE1⁄4, SW1⁄4; 1 1 1 SE ⁄4, SE ⁄4, SW ⁄4. W1⁄2, SW1⁄4, NE1⁄4; SE1⁄4, SW1⁄4, NE1⁄4; S1⁄2, SE1⁄4, NE1⁄4; Block A–375 SE1⁄4, NW1⁄4; E1⁄2, SW1⁄4; E1⁄2, NW1⁄4, SW1⁄4, 1 1 E1⁄2; E1⁄2, NW1⁄4; E1⁄2, NW1⁄4, NW1⁄4; SW1⁄4, NW1⁄4, SW ⁄4, NW ⁄4, 1 1 1 1 NW1⁄4; E1⁄2, SW ⁄4; SW ⁄4, SW ⁄4; SE ⁄4. SW1⁄4, NW1⁄4; NW1⁄4, SW1⁄4, NW1⁄4; SW1⁄4.

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Block A–385 Farallones National Marine Sanctuary

SW1⁄4, SW1⁄4, NW1⁄4; NW1⁄4, SW1⁄4; NW1⁄4, SW1⁄4, (GFNMS) beginning at Rocky Point SW1⁄4. just south of Stinson Beach in Marin County. The Sanctuary boundary fol- Block A–397 lows the GFNMS boundary westward to W1⁄2, W1⁄2, NW1⁄4; W1⁄2, NW1⁄4, SW1⁄4; NW1⁄4; a point approximately 29 nmi offshore 1 1 SW ⁄4, SW ⁄4. from Moss Beach in San Mateo County. Block A–398 The Sanctuary boundary then extends Entire block. southward in a series of arcs, which generally follow the 500 fathom Block A–399 isobath, to a point approximately 27

E1⁄2, SE1⁄4, NE1⁄4, NW1⁄4; E1⁄2, SE1⁄4, NW1⁄4; E1⁄2, nmi offshore of Cambria, in San Luis NE1⁄4, SW1⁄4; Obispo County. The Sanctuary bound- SW1⁄4, NE1⁄4, SW1⁄4; NE1⁄4, SE1⁄4, SW1⁄4. ary then extends eastward towards Block A–401 shore until it intersects the Mean High Water Line (MHWL) along the coast NE1⁄4, NE1⁄4; N1⁄2, NW1⁄4, NE1⁄4; NE1⁄4, SE1⁄4, near Cambria. The Sanctuary boundary NE1⁄4. then follows the MHWL northward to Block 134 Official Protraction Diagram NG15–02 the northern terminus at Rocky Point. (Garden Banks) The shoreward Sanctuary boundary ex- That portion of the block north of a line cludes a small area between Point connecting a point on the east boundary of Bonita and Point San Pedro. Pillar Block 134, X = 1,378,080.00′, Y = 10,096,183.00′, Point Harbor, Santa Cruz Harbor, Mon- with a point on the west boundary of Block terey Harbor, and Moss Landing Har- 134, X = 1,367,079,385′, Y = 10,096,183.000′, defined under the Universal Transverse Mer- bor are all excluded from the Sanc- cator grid system. tuary shoreward from the points listed in appendix A except for Moss Landing Block 135 Official Protraction Diagram NG15–02 Harbor, where all of Elkhorn Slough (Garden Banks) east of the Highway One bridge, and That portion of the block northwest of a west of the tide gate at Elkhorn Road line connecting the southeast corner of and toward the center channel from Texas Leasing Map No. 7C, Block A–398, X = 1,383,293.840′, Y = 10,103,281.930′, with a point the MHWL is included within the Sanc- on the west boundary of Official Protraction tuary, excluding areas within the Elk- Diagram NG15–02, Block 135, X = horn Slough National Estuarine Re- 1,378,080.000′, Y = 10,096,183.000′, defined under search Reserve. Exact coordinates for the Universal Transverse Mercator grid sys- the seaward boundary and harbor ex- tem. clusions are provided in appendix A to [65 FR 81180, Dec. 22, 2000] this subpart. (b) The Davidson Seamount Manage- Subpart M—Monterey Bay ment Zone is also part of the Sanc- National Marine Sanctuary tuary. This area, bounded by geodetic lines connecting a rectangle centered SOURCE: 73 FR 70535, Nov. 20, 2008, unless on the top of the Davidson Seamount, otherwise noted. consists of approximately 585 square nmi of ocean waters and the submerged § 922.130 Boundary. lands thereunder. The shoreward The Monterey Bay National Marine boundary of this portion of the Sanc- Sanctuary (Sanctuary) consists of two tuary is located approximately 65 nmi separate areas. (a) The first area con- off the coast of San Simeon in San Luis sists of an area of approximately 4016 Obispo County. Exact coordinates for square nautical miles (nmi) of coastal the Davidson Seamount Management and ocean waters, and submerged lands Zone boundary are provided in appen- thereunder, in and surrounding Mon- dix F to this subpart. terey Bay off the central coast of Cali- fornia. The northern terminus of the [73 FR 70535, Nov. 20, 2008, as amended at 80 Sanctuary boundary is located along FR 34048, June 15, 2015] the southern boundary of the Greater

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§ 922.131 Definitions. has no moving parts (e.g., dive knife, In addition to those definitions found pry bar, or abalone iron). Pneumatic, at 15 CFR 922.3, the following defini- mechanical, electrical, hydraulic, or tions apply to this subpart: explosive tools are, therefore, examples Attract or attracting means the con- of what does not meet this definition. duct of any activity that lures or may Harmful matter means any substance, lure any animal by using food, bait, or combination of substances, that be- chum, dyes, decoys, acoustics, or any cause of its quantity, concentration, or other means, except the mere presence physical, chemical, or infectious char- of human beings (e.g., swimmers, div- acteristics may pose a present or po- ers, boaters, kayakers, surfers). tential threat to Sanctuary resources Clean means not containing detect- or qualities, including but not limited able levels of harmful matter. to: Fishing nets, fishing line, hooks, Cruise ship means a vessel with 250 or fuel, oil, and those contaminants (re- more passenger berths for hire. gardless of quantity) listed pursuant to Davidson Seamount Management Zone 42 U.S.C. 9601(14) of the Comprehensive means the area bounded by geodetic Environmental Response, Compensa- lines connecting a rectangle centered tion and Liability Act at 40 CFR 302.4. on the top of the Davidson Seamount, Introduced species means: Any species and consists of approximately 585 (including but not limited to any of its square nmi of ocean waters and the biological matter capable of propaga- submerged lands thereunder. The tion) that is non-native to the eco- shoreward boundary of this portion of systems of the Sanctuary; or any orga- the Sanctuary is located approxi- nism into which altered genetic mat- mately 65 nmi off the coast of San ter, or genetic matter from another Simeon in San Luis Obispo County. species, has been transferred in order Exact coordinates for the Davidson that the host organism acquires the ge- Seamount Management Zone boundary netic traits of the transferred genes. are provided in appendix F to this sub- Motorized personal watercraft (MPWC) part. means any vessel, propelled by machin- Deserting means leaving a vessel ery, that is designed to be operated by aground or adrift without notification standing, sitting, or kneeling on, to the Director of the vessel going astride, or behind the vessel, in con- aground or becoming adrift within 12 trast to the conventional manner, hours of its discovery and developing where the operator stands or sits inside and presenting to the Director a pre- the vessel; any vessel less than 20 feet liminary salvage plan within 24 hours in length overall as manufactured and of such notification, after expressing or propelled by machinery and that has otherwise manifesting intention not to been exempted from compliance with undertake or to cease salvage efforts, the U.S. Coast Guard’s Maximum Ca- or when the owner/operator cannot pacities Marking for Load Capacity after reasonable efforts by the Director regulation found at 33 CFR Parts 181 be reached within 12 hours of the ves- and 183, except submarines; or any sel’s condition being reported to au- other vessel that is less than 20 feet in thorities; or leaving a vessel at anchor length overall as manufactured, and is when its condition creates potential for propelled by a water jet pump or drive. a grounding, discharge, or deposit and the owner/operator fails to secure the § 922.132 Prohibited or otherwise reg- vessel in a timely manner. ulated activities. Federal Project means any water re- (a) Except as specified in paragraphs sources development project conducted (b) through (e) of this section, the fol- by the U.S. Army Corps of Engineers or lowing activities are prohibited and operating under a permit or other au- thus are unlawful for any person to thorization issued by the Corps of En- conduct or to cause to be conducted: gineers and authorized by Federal law. (1) Exploring for, developing, or pro- Hand tool means a hand-held imple- ducing oil, gas, or minerals within the ment, utilized for the collection of jade Sanctuary, except: Jade may be col- pursuant to 15 CFR 922.132(a)(1), that is lected (meaning removed) from the no greater than 36 inches in length and area bounded by the 35.92222 N latitude

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parallel (coastal reference point: Beach (C) Clean vessel deck wash down, access stairway at south Sand Dollar clean vessel engine cooling water, Beach), the 35.88889 N latitude parallel clean vessel generator cooling water, (coastal reference point: Westernmost clean bilge water, or anchor wash; tip of Cape San Martin), and from the (D) For a vessel less than 300 gross mean high tide line seaward to the 90- registered tons (GRT), or a vessel 300 foot isobath (depth line) (the ‘‘author- GRT or greater without sufficient hold- ized area’’) provided that: ing capacity to hold graywater while (i) Only jade already loose from the within the Sanctuary, clean graywater submerged lands of the Sanctuary may as defined by section 312 of the be collected; FWPCA; (ii) No tool may be used to collect (E) Vessel engine or generator ex- jade except: haust; or (A) A hand tool (as defined at 15 CFR (F) Dredged material deposited at 922.131) to maneuver or lift the jade or disposal sites authorized by the U.S. scratch the surface of a stone as nec- Environmental Protection Agency essary to determine if it is jade; (EPA) (in consultation with the U.S. (B) A lift bag or multiple lift bags Army Corps of Engineers (COE)) prior with a combined lift capacity of no to the effective date of Sanctuary des- more than two hundred pounds; or ignation (January 1, 1993), provided (C) A vessel (except for motorized that the activity is pursuant to, and personal watercraft) (see paragraph complies with the terms and conditions (a)(7) of this section) to provide access of, a valid Federal permit or approval to the authorized area; existing on January 1, 1993. Authorized (iii) Each person may collect only disposal sites within the Sanctuary are what that person individually carries; described in appendix C to this subpart. and (iv) For any loose piece of jade that (ii) Discharging or depositing from cannot be collected under paragraphs within or into the Sanctuary any ma- (a)(1) (ii) and (iii) of this section, any terial or other matter from a cruise person may apply for a permit to col- ship except clean vessel engine cooling lect such a loose piece by following the water, clean vessel generator cooling procedures in 15 CFR 922.133. water, vessel engine or generator ex- (2)(i) Discharging or depositing from haust, clean bilge water, or anchor within or into the Sanctuary, other wash. than from a cruise ship, any material (iii) Discharging or depositing from or other matter, except: beyond the boundary of the Sanctuary (A) Fish, fish parts, chumming mate- any material or other matter that sub- rials, or bait used in or resulting from sequently enters the Sanctuary and in- lawful fishing activities within the jures a Sanctuary resource or quality, Sanctuary, provided that such dis- except those listed in paragraphs charge or deposit is during the conduct (a)(2)(i)(A) through (E) and (a)(2)(ii) of of lawful fishing activities within the this section and dredged material de- Sanctuary; posited at the authorized disposal sites (B) For a vessel less than 300 gross described in appendix D to this sub- registered tons (GRT), or a vessel 300 part, provided that the dredged mate- GRT or greater without sufficient hold- rial disposal is pursuant to, and com- ing tank capacity to hold sewage while plies with the terms and conditions of, within the Sanctuary, clean effluent a valid Federal permit or approval. generated incidental to vessel use by (3) Possessing, moving, removing, or an operable Type I or II marine sanita- injuring, or attempting to possess, tion device (U.S. Coast Guard classi- move, remove, or injure, a Sanctuary fication) approved in accordance with historical resource. This prohibition section 312 of the Federal Water Pollu- does not apply to, moving, removing, tion Control Act, as amended or injury resulting incidentally from (FWPCA), 33 U.S.C. 1322. Vessel opera- kelp harvesting, aquaculture, or lawful tors must lock all marine sanitation fishing activities. devices in a manner that prevents dis- (4) Drilling into, dredging, or other- charge or deposit of untreated sewage; wise altering the submerged lands of

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the Sanctuary; or constructing, plac- described in appendix E to this subpart. ing, or abandoning any structure, ma- Zone Five (at Pillar Point) exists only terial, or other matter on or in the sub- when a High Surf Warning has been merged lands of the Sanctuary, except issued by the National Weather Service as incidental and necessary to: and is in effect for San Mateo County, (i) Conduct lawful fishing activities; and only during December, January, (ii) Anchor a vessel; and February. (iii) Conduct aquaculture or kelp har- (8) Possessing within the Sanctuary vesting; (regardless of where taken, moved, or (iv) Install an authorized naviga- removed from), any marine mammal, tional aid; sea turtle, or bird, except as authorized (v) Conduct harbor maintenance in by the MMPA, ESA, MBTA, by any reg- an area necessarily associated with a ulation, as amended, promulgated Federal Project in existence on Janu- under the MMPA, ESA, or MBTA, or as ary 1, 1993, including dredging of en- necessary for valid law enforcement trance channels and repair, replacement, or rehabilitation of breakwaters purposes. and jetties; (9) Deserting a vessel aground, at an- (vi) Construct, repair, replace, or re- chor, or adrift in the Sanctuary. habilitate a dock or pier; or (10) Leaving harmful matter aboard a (vii) Collect jade pursuant to para- grounded or deserted vessel in the graph (a)(1) of this section, provided Sanctuary. that there is no constructing, placing, (11)(i) Moving, removing, taking, col- or abandoning any structure, material, lecting, catching, harvesting, dis- or other matter on or in the submerged turbing, breaking, cutting, or other- lands of the Sanctuary, other than wise injuring, or attempting to move, temporary placement of an authorized remove, take, collect, catch, harvest, hand tool as provided in paragraph disturb, break, cut, or otherwise injure, (a)(1) of this section. The exceptions any Sanctuary resource located more listed in paragraphs (a)(4)(ii) through that 3,000 feet below the sea surface (a)(4)(vii) of this section do not apply within the Davidson Seamount Man- within the Davidson Seamount Man- agement Zone. This prohibition does agement Zone. not apply to fishing below 3000 feet (5) Taking any marine mammal, sea within the Davidson Seamount Man- turtle, or bird within or above the agement Zone, which is prohibited pur- Sanctuary, except as authorized by the suant to 50 CFR part 660 (Fisheries off Marine Mammal Protection Act, as West Coast States). amended, (MMPA), 16 U.S.C. 1361 et (ii) Possessing any Sanctuary re- seq., Endangered Species Act, as source the source of which is more amended, (ESA), 16 U.S.C. 1531 et seq., than 3,000 feet below the sea surface Migratory Bird Treaty Act, as amend- within the Davidson Seamount Man- ed, (MBTA), 16 U.S.C. 703 or any et seq., agement Zone. This prohibition does regulation, as amended, promulgated not apply to possession of fish result- under the MMPA, ESA, or MBTA. ing from fishing below 3000 feet within (6) Disturbing marine mammals or the Davidson Seamount Management seabirds by flying motorized aircraft, Zone, which is prohibited pursuant to except as necessary for valid law enforcement purposes, at less than 1,000 50 CFR part 660 (Fisheries off West feet above any of the four zones within Coast States). the Sanctuary described in Appendix B (12) Introducing or otherwise releas- to this subpart. Failure to maintain a ing from within or into the Sanctuary minimum altitude of 1,000 feet above an introduced species, except striped ground level above any such zone is bass (Morone saxatilis) released during presumed to disturb marine mammals catch and release fishing activity. or seabirds. (13) Attracting any white shark with- (7) Operating motorized personal in the Sanctuary. watercraft within the Sanctuary ex- (14) Interfering with, obstructing, de- cept within the five designated zones laying, or preventing an investigation, and access routes within the Sanctuary search, seizure, or disposition of seized

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property in connection with enforce- (e) The prohibitions in paragraphs ment of the Act or any regulation or (a)(2) through (a)(8) of this section, and permit issued under the Act. (a)(12) of this section regarding any in- (b) The prohibitions in paragraphs troduced species of shellfish that (a)(2) through (11) of this section do not NOAA and the State of California have apply to an activity necessary to re- determined is non-invasive and will not spond to an emergency threatening cause significant adverse effects to life, property, or the environment. sanctuary resources or qualities, and (c)(1) All Department of Defense ac- that is cultivated in state waters as tivities must be carried out in a man- part of commercial shellfish aqua- ner that avoids to the maximum extent culture activities, do not apply to any practicable any adverse impacts on activity authorized by any lease, per- Sanctuary resources and qualities. The mit, license, approval, or other author- prohibitions in paragraphs (a)(2) ization issued after the effective date through (12) of this section do not of Sanctuary designation (January 1, apply to existing military activities 1993) and issued by any Federal, State, carried out by the Department of De- or local authority of competent juris- fense, as specifically identified in the diction, provided that the applicant Final Environmental Impact State- complies with 15 CFR 922.49, the Direc- ment and Management Plan for the tor notifies the applicant and author- Proposed Monterey Bay National Ma- izing agency that he or she does not ob- rine Sanctuary (NOAA, 1992). (Copies of ject to issuance of the authorization, the FEIS/MP are available from the and the applicant complies with any Monterey Bay National Marine Sanc- terms and conditions the Director tuary, 299 Foam Street, Monterey, CA deems necessary to protect Sanctuary 93940.) For purposes of the Davidson resources and qualities. Amendments, Seamount Management Zone, these ac- renewals, and extensions of authoriza- tivities are listed in the 2008 Final En- tions in existence on the effective date vironmental Impact Statement. New of designation constitute authoriza- activities may be exempted from the tions issued after the effective date of prohibitions in paragraphs (a)(2) Sanctuary designation. through (12) of this section by the Di- (f) Notwithstanding paragraphs (d) rector after consultation between the and (e) of this section, in no event may Director and the Department of De- the Director issue a National Marine fense. Sanctuary permit under 15 CFR 922.48 (2) In the event of destruction of, loss and 922.133 or a Special Use permit of, or injury to a Sanctuary resource or under section 310 of the Act author- quality resulting from an incident, in- izing, or otherwise approve: the explo- cluding but not limited to discharges, ration for, development, or production deposits, and groundings, caused by a of oil, gas, or minerals within the Department of Defense activity, the Sanctuary, except for the collection of Department of Defense, in coordination jade pursuant to paragraph (a)(1) of with the Director, must promptly pre- this section; the discharge of primary- vent and mitigate further damage and must restore or replace the Sanctuary treated sewage within the Sanctuary resource or quality in a manner ap- (except by certification, pursuant to 15 proved by the Director. CFR 922.47, of valid authorizations in (d) The prohibitions in paragraph existence on January 1, 1993 and issued (a)(1) of this section as it pertains to by other authorities of competent ju- jade collection in the Sanctuary, and risdiction); or the disposal of dredged paragraphs (a)(2) through (11) and material within the Sanctuary other (a)(13) of this section, do not apply to than at sites authorized by EPA (in any activity conducted under and in consultation with COE) prior to Janu- accordance with the scope, purpose, ary 1, 1993. Any purported authoriza- terms, and conditions of a National tions issued by other authorities with- Marine Sanctuary permit issued pursu- in the Sanctuary shall be invalid. ant to 15 CFR 922.48 and 922.133 or a [73 FR 70535, Nov. 20, 2008, as amended at 75 Special Use permit issued pursuant to FR 53571, Sept. 1, 2010; 77 FR 3922, Jan. 26, section 310 of the Act. 2012; 80 FR 8786, Feb. 19, 2015]

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§ 922.133 Permit procedures and cri- (4) Must the activity be conducted teria. within the Sanctuary; (a) A person may conduct an activity (5) Will the activity be conducted prohibited by § 922.132(a)(1) as it per- using methods and procedures that are tains to jade collection in the Sanc- appropriate to achieve the goals of the tuary, § 922.132(a)(2) through (11), and proposed activity, especially in rela- § 922.132(a)(13), if such activity is spe- tion to the potential effects of the pro- cifically authorized by, and conducted posed activity on Sanctuary resources in accordance with the scope, purpose, and qualities; terms, and conditions of, a permit (6) Will the activity be conducted in issued under this section and 15 CFR a manner compatible with the primary 922.48. objective of protection of Sanctuary (b) The Director, at his or her sole resources and qualities, considering the discretion, may issue a permit, subject extent to which the conduct of the ac- to terms and conditions as he or she tivity may diminish or enhance Sanc- deems appropriate, to conduct an ac- tuary resources and qualities, any po- tivity prohibited by § 922.132(a)(1) as it tential indirect, secondary, or cumu- pertains to jade collection in the Sanc- lative effects of the activity, and the tuary, § 922.132(a)(2) through (11), and duration of such effects; § 922.132(a)(13), if the Director finds that (7) Will the activity be conducted in the activity will have at most short- a manner compatible with the value of term and negligible adverse effects on the Sanctuary as a source of recreation Sanctuary resources and qualities and: and as a source of educational and sci- (1) Is research designed to further un- entific information, considering the ex- derstanding of Sanctuary resources and tent to which the conduct of the activ- qualities; ity may result in conflicts between dif- (2) Will further the educational, nat- ferent users of the Sanctuary and the ural, or historical value of the Sanc- duration of such effects; and tuary; (8) Does the reasonably expected end (3) Will further salvage or recovery value of the activity to the furtherance operations within or near the Sanc- of the Sanctuary goals and objectives tuary in connection with a recent air outweigh any potential adverse effects or marine casualty; on Sanctuary resources and qualities (4) Will assist in managing the Sanc- from the conduct of the activity. tuary; (d) For jade collection, preference (5) Will further salvage or recovery will be given for applications proposing operations in connection with an aban- to collect loose pieces of jade for re- doned shipwreck in the Sanctuary title search or educational purposes. to which is held by the State of Cali- (e) The Director may consider such fornia; or other factors as he or she deems appro- (6) Will allow the removal, without priate. the use of pneumatic, mechanical, elec- (f) Applications. (1) Applications for trical, hydraulic or explosive tools, of permits should be addressed to the Di- loose jade from the Jade Cove area rector, Office of National Marine Sanc- under § 922.132(a)(1)(iv). tuaries; ATTN: Superintendent, Mon- (c) In deciding whether to issue a per- terey Bay National Marine Sanctuary, mit, the Director shall consider such 299 Foam Street, Monterey, CA 93940. factors as: (2) In addition to the information (1) Will the activity be conducted by listed in 15 CFR 922.48(b), all applica- an applicant that is professionally tions must include information the Di- qualified to conduct and complete the rector needs to make the findings in activity; paragraph (b) of this section and infor- (2) Will the activity be conducted by mation to be considered by the Direc- an applicant with adequate financial tor pursuant to paragraph (c) of this resources available to conduct and section. complete the activity; (g) In addition to any other terms (3) Is the activity proposed for no and conditions that the Director deems longer than necessary to achieve its appropriate, a permit issued pursuant stated purpose; to this section must require that the

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permittee agree to hold the United Point ID No. Latitude Longitude States harmless against any claims arising out of the conduct of the per- Seaward Boundary mitted activities. 1 ...... 37.88225 ¥122.62753 2 ...... 37.66641 ¥122.75105 § 922.134 Review of certain State per- 3 ...... 37.61622 ¥122.76937 mits and leases. 4 ...... 37.57147 ¥122.80399 5 ...... 37.52988 ¥122.85988 (a)(1) NOAA has described in a Memo- 6 ...... 37.50948 ¥122.90614 randum of Agreement (MOA) with the 7 ...... 37.49418 ¥123.00770 8 ...... 37.50819 ¥123.09617 State of California how NOAA will co- 9 ...... 37.52001 ¥123.12879 ordinate review of any introduction of 10 ...... 37.45304 ¥123.14009 non-invasive introduced species from a 11 ...... 37.34316 ¥123.13170 proposed shellfish aquaculture project 12 ...... 37.23062 ¥123.10431 13 ...... 37.13021 ¥123.02864 when considering an authorization 14 ...... 37.06295 ¥122.91261 under § 922.132(e). 15 ...... 37.03509 ¥122.77639 (2) The MOA specifies how the proc- 16 ...... 36.92155 ¥122.80595 17 ...... 36.80632 ¥122.81564 ess of 15 CFR 922.49 will be adminis- 18 ...... 36.69192 ¥122.80539 tered within State waters within the 19 ...... 36.57938 ¥122.77416 sanctuary in coordination with State 20 ...... 36.47338 ¥122.72568 permit and lease programs as adminis- 21 ...... 36.37242 ¥122.65789 22 ...... 36.27887 ¥122.57410 tered by the California Fish and Game 23 ...... 36.19571 ¥122.47699 Commission, the Department of Fish 24 ...... 36.12414 ¥122.36527 and Wildlife and the California Coastal 25 ...... 36.06864 ¥122.24438 Commission. 26 ...... 36.02451 ¥122.11672 27 ...... 35.99596 ¥121.98232 (b)(1) NOAA has entered into a 28 ...... 35.98309 ¥121.84069 Memorandum of Agreement (MOA) 29 ...... 35.98157 ¥121.75634 with the State of California, EPA, and 30 ...... 35.92933 ¥121.71119 31 ...... 35.83773 ¥121.71922 the Association of Monterey Bay Area 32 ...... 35.72063 ¥121.71216 Governments regarding the Sanctuary 33 ...... 35.59497 ¥121.69030 regulations relating to water quality 34 ...... 35.55327 ¥121.63048 ¥ within State waters within the Sanc- 35 ...... 35.55483 121.10399 36 ...... 37.59421 ¥122.52001 tuary. 37 ...... 37.61367 ¥122.61673 With regard to permits, the MOA en- 38 ...... 37.76694 ¥122.65011 compasses: 39 ...... 37.81777 ¥122.53008 (i) National Pollutant Discharge Harbor Exclusions Elimination System (NPDES) permits ¥ issued by the State of California under 40 ...... 37.49414 122.48483 41 ...... 37.49540 ¥122.48576 section 13377 of the California Water 42 ...... 36.96082 ¥122.00175 Code; and 43 ...... 36.96143 ¥122.00112 (ii) Waste Discharge Requirements 44 ...... 36.80684 ¥121.79145 45 ...... 36.80133 ¥121.79047 issued by the State of California under 46 ...... 36.60837 ¥121.88970 section 13263 of the California Water 47 ...... 36.60580 ¥121.88965 Code. (2) The MOA specifies how the proc- [75 FR 53571, Sept. 1, 2010] ess of 15 CFR 922.49 will be adminis- tered within State waters within the APPENDIX B TO SUBPART M OF PART Sanctuary in coordination with the 922—ZONES WITHIN THE SANCTUARY State permit program. WHERE OVERFLIGHTS BELOW 1000 FEET ARE PROHIBITED [73 FR 70535, Nov. 20, 2008, as amended at 80 FR 8787, Feb. 19, 2015] The four zones are: (1) From mean high water to 3 nautical APPENDIX A TO SUBPART M OF PART miles (nmi) offshore between a line extend- 922—MONTEREY BAY NATIONAL MA- ing from Point Santa Cruz on a southwest- RINE SANCTUARY BOUNDARY COORDI- erly bearing of 220° true and a line extending NATES from 2.0 nmi north of Pescadero Point on a southwesterly bearing of 240° true; Coordinates listed in this Appendix are (2) From mean high water to 3 nmi offshore unprojected (Geographic) and based on the between a line extending from the Carmel North American Datum of 1983. River mouth on a westerly bearing of 270°

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true and a line extending due west along Point ID No. Latitude Longitude latitude parallel 35.55488 N off of Cambria; (3) From mean high water and within a 5 5 ...... 37.76458 ¥122.56900 nmi seaward arc drawn from a center point of 36.80129 N, 121.79034 W (the end of the Moss APPENDIX E TO SUBPART M OF PART Landing ocean pier as it appeared on the 922—MOTORIZED PERSONAL most current NOAA nautical charts as of January 1, 1993); and WATERCRAFT ZONES AND ACCESS (4) Over the Sanctuary’s jurisdictional ROUTES WITHIN THE SANCTUARY waters of Elkhorn Slough east of the High- [Coordinates in this appendix are way One bridge to Elkhorn Road. unprojected (Geographic Coordinate System) [75 FR 53571, Sept. 1, 2010] and are calculated using the North American Datum of 1983] APPENDIX C TO SUBPART M OF PART The five zones and access routes are: 922—DREDGED MATERIAL DISPOSAL (1) The approximately one [1.0] nmi2 area SITES WITHIN THE SANCTUARY off Pillar Point Harbor from harbor launch ramps, through the harbor entrance to the [Coordinates in this appendix are northern boundary of Zone One: unprojected (Geographic Coordinate System) and are calculated using the North American Point ID No. Latitude Longitude Datum of 1983] 1 (flashing 5-second 37.49395 ¥122.48477 breakwater en- Point ID No. Latitude Longitude trance light and horn located at the Santa Cruz Harbor/Twin Lakes Dredge Disposal Site seaward end of the ¥ outer west break- 1 ...... 36.9625 122.00056 water). 2 ...... 36.9625 ¥121.99861 ¥ ¥ 2 (bell buoy) ...... 37.48167 122.48333 3 ...... 36.96139 121.99833 3 ...... 37.48000 ¥122.46667 ¥ 4 ...... 36.96139 122.00083 4 ...... 37.49333 ¥122.46667 SF–12 Dredge Disposal Site (2) The approximately five [5.0] nmi2 area 1 ...... 36.80207 ¥121.79207 off of Santa Cruz Small Craft Harbor from 2 ...... 36.80157 ¥121.79218 harbor launch ramps, through the harbor en- 3 ...... 36.80172 ¥121.79325 trance, and then along a 100-yard wide access 4 ...... 36.80243 ¥121.79295 route southwest along a bearing of approxi- ° ° SF–14 Dredge Disposal Site mately 196 true (180 magnetic) to the red and white whistle buoy at 36.93833 N, (circle with 500 yard radius) 122.01000 W. Zone Two is bounded by: 1 ...... 36.79799 ¥121.81907 Point ID No. Latitude Longitude Monterey Harbor/Wharf II Dredge Disposal Site 1 ...... 36.91667 ¥122.03333 1 ...... 36.60297 ¥121.88942 2 ...... 36.91667 ¥121.96667 2 ...... 36.60283 ¥121.88787 3 ...... 36.94167 ¥121.96667 3 ...... 36.60092 ¥121.88827 4 ...... 36.94167 ¥122.03333 4 ...... 36.60120 ¥121.88978 (3) The approximately six [6.0] nmi2 area off of Moss Landing Harbor from harbor APPENDIX D TO SUBPART M OF PART launch ramps, through harbor entrance, and 922—DREDGED MATERIAL DISPOSAL then along a 100-yard wide access route SITES ADJACENT TO THE MONTEREY southwest along a bearing of approximately BAY NATIONAL MARINE SANCTUARY 230° true (215° magnetic) to the red and white bell buoy at the eastern boundary of Zone [Coordinates in this appendix are Three bounded by: unprojected (Geographic Coordinate System) and are calculated using the North American Point ID No. Latitude Longitude Datum of 1983] As of January 1, 1993, the U.S. Army Corps 1 ...... 36.83333 ¥121.82167 of Engineers operates the following dredged 2 ...... 36.83333 ¥121.84667 ¥ material disposal site adjacent to the Sanc- 3 ...... 36.77833 121.84667 4 ...... 36.77833 ¥121.81667 tuary off of the Golden Gate: 5 (red and white bell 36.79833 ¥121.80167 buoy). Point ID No. Latitude Longitude 6 ...... 36.81500 ¥121.80333 1 ...... 37.76458 ¥122.56900 2 2 ...... 37.74963 ¥122.62281 (4) The approximately five [5.0] nmi area 3 ...... 37.74152 ¥122.61932 off of Monterey Harbor from harbor launch 4 ...... 37.75677 ¥122.56482 ramps to the seaward end of the U.S. Coast

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Guard Pier, and then along a 100-yard wide the coast of Massachusetts. The bound- access route northeast along a bearing of ap- ary encompasses the entirety of ° ° proximately 15 true (0 magnetic) to the Stellwagen Bank; Tillies Bank, to the southern boundary of Zone Four bounded by: northeast of Stellwagen Bank; and por- Point ID No. Latitude Longitude tions of Jeffreys Ledge, to the north of

1 ...... 36.64500 ¥121.92333 Stellwagen Bank. 2 ...... 36.61500 ¥121.87500 (b) The Sanctuary boundary is identi- 3 ...... 36.63833 ¥121.85500 fied by the following coordinates, indi- 4 ...... 36.66667 ¥121.90667 cating the most northeast, southeast, (5) The approximately one-tenth [0.10] nmi2 southwest, west-northwest, and north- area near Pillar Point from the Pillar Point northwest points: 42°45′59.83″ Harbor entrance along a 100-yard wide access N×70°13′01.77″ W (NE); 42°05′35.51″ route southeast along a bearing of approxi- × ° ′ ″ ° ′ ″ ° ° N 70 02 08.14 W (SE); 42 07 44.89 mately 174 true (159 magnetic) to the green × ° ′ ″ ° ′ ″ bell buoy (identified as ‘‘Buoy 3’’) at 37.48154 W 70 28 15.44 W (SW); 42 32 53.52 N, 122.48156 W and then along a 100-yard wide N×70°35′52.38″ W (WNW); and 42°39′04.08″ access route northwest along a bearing of ap- N×70°30′11.29″ W (NNW). The western proximately 284° true (269° magnetic) to the border is formed by a straight line con- green gong buoy (identified as ‘‘Buoy 1’’) at necting the most southwest and the 37.48625 N, 122.50603 W, the southwest boundary of Zone Five. Zone Five exists only when west-northwest points of the Sanc- a High Surf Warning has been issued by the tuary. At the most west-northwest National Weather Service and is in effect for point, the Sanctuary border follows a San Mateo County and only during Decem- line contiguous with the three-mile ju- ber, January, and February. Zone Five is risdictional boundary of Massachusetts bounded by: to the most north-northwest point. Point ID No. Latitude Longitude From this point, the northern border is formed by a straight line connecting 1 (gong buoy identi- 37.48625 ¥122.50603 fied as ‘‘Buoy 1’’). the most north-northwest point and 2 ...... 37.49305 ¥122.50603 the most northeast point. The eastern 3 (Sail Rock) ...... 37.49305 ¥122.50105 border is formed by a straight line con- 4 ...... 37.48625 ¥122.50105 necting the most northeast and the most southeast points of the Sanc- [75 FR 53571, Sept. 1, 2010] tuary. The southern border follows a APPENDIX F TO SUBPART M OF PART straight line between the most south- 922—DAVIDSON SEAMOUNT MANAGE- west point and a point located at MENT ZONE 42°06′54.57″ N × 70°16′42.7″ W. From that point, the southern border then con- [Coordinates in this appendix are unprojected (Geographic Coordinate System) tinues in a west-to-east direction along and are calculated using the North American a line contiguous with the three-mile Datum of 1983] jurisdictional boundary of Massachu- setts until reaching the most southeast Point ID No. Latitude Longitude point of the Sanctuary. The boundary 1 ...... 35.90000 ¥123.00000 coordinates are listed in appendix A to 2 ...... 35.90000 ¥122.50000 this subpart. 3 ...... 35.50000 ¥122.50000 4 ...... 35.50000 ¥123.00000 § 922.141 Definitions. In addition to those definitions found Subpart N—Stellwagen Bank at § 922.3, the following definitions National Marine Sanctuary apply to this subpart: § 922.140 Boundary. Industrial material means mineral, as defined in § 922.3. (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) consists Traditional fishing means those com- of an area of approximately 638 square mercial or recreational fishing meth- nautical miles (NM) of Federal marine ods which have been conducted in the waters and the submerged lands there- past within the Sanctuary. under, over and around Stellwagen Bank and other submerged features off

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§ 922.142 Prohibited or otherwise reg- seq., the Endangered Species Act, as ulated activities. amended, (ESA), 16 U.S.C. 1531 et seq., (a) Except as specified in paragraphs and the Migratory Bird Treaty Act, as (b) through (f) of this section, the fol- amended, (MBTA), 16 U.S.C. 703 et seq. lowing activities are prohibited and (6) Lightering in the Sanctuary. thus are unlawful for any person to (7) Possessing within the Sanctuary conduct or to cause to be conducted: (regardless of where taken, moved or (1)(i) Discharging or depositing, from removed from), except as necessary for within the boundary of the Sanctuary, valid law enforcement purposes, any any material or other matter except: historical resource, or any marine (A) Fish, fish parts, chumming mate- mammal, marine reptile or seabird rials or bait used in or resulting from taken in violation of the MMPA, ESA traditional fishing operations in the or MBTA. Sanctuary; (8) Interfering with, obstructing, de- (B) Biodegradable effluent incidental laying or preventing an investigation, to vessel use and generated by marine search, seizure or disposition of seized sanitation devices approved in accord- property in connection with enforce- ance with section 312 of the Federal ment of the Act or any regulation or Water Pollution Control Act, as permit issued under the Act. amended, (FWPCA), 33 U.S.C. 1322 et (b) The prohibitions in paragraphs (a) seq.; (1), and (3) through (8) of this section (C) Water generated by routine vessel do not apply to any activity necessary operations (e.g., cooling water, deck to respond to an emergency threat- wash down and graywater as defined by ening life, property or the environ- section 312 of the FWPCA) excluding ment. oily wastes from bilge pumping; or (c)(1)(i) All Department of Defense (D) Engine exhaust. military activities shall be carried out (ii) Discharging or depositing, from in a manner that avoids to the max- beyond the boundary of the Sanctuary, imum extent practicable any adverse any material or other matter, except impacts on Sanctuary resources and those listed in paragraphs (a)(1)(i) (A) qualities. through (D) of this section, that subse- (ii) Department of Defense military quently enters the Sanctuary and in- activities may be exempted from the jures a Sanctuary resource or quality. prohibitions in paragraphs (a) (1) and (2) Exploring for, developing or pro- (3) through (7) of this section by the Di- ducing industrial materials within the rector after consultation between the Sanctuary. Director and the Department of De- (3) Drilling into, dredging or other- fense. wise altering the seabed of the Sanc- (iii) If it is determined that an activ- tuary; or constructing, placing or ity may be carried out, such activity abandoning any structure, material or shall be carried out in a manner that other matter on the seabed of the avoids to the maximum extent prac- Sanctuary, except as an incidental re- ticable any advance impact on Sanc- sult of: tuary resources and qualities. Civil en- (i) Anchoring vessels; gineering and other civil works (ii) Traditional fishing operations; or projects conducted by the U.S. Army (iii) Installation of navigation aids. Corps of Engineers are excluded from (4) Moving, removing or injuring, or the scope of this paragraph(c). attempting to move, remove or injure, (2) In the event of threatened or ac- a Sanctuary historical resource. This tual destruction of, loss of, or injury to prohibition does not apply to moving, a Sanctuary resource or quality result- removing or injury resulting inciden- ing from an untoward incident, includ- tally from traditional fishing oper- ing but not limited to spills and ations. groundings caused by the Department (5) Taking any marine reptile, ma- of Defense, the Department of Defense rine mammal or seabird in or above the shall promptly coordinate with the Di- Sanctuary, except as permitted by the rector for the purpose of taking appro- Marine Mammal Protection Act, as priate actions to respond to and miti- amended, (MMPA), 16 U.S.C. 1361 et gate the harm and, if possible, restore

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or replace the Sanctuary resource or conditions of a permit issued under quality. this section and § 922.48. (d) The prohibitions in paragraphs (a) (b) Applications for such permits (1) and (3) through (7) of this section do should be addressed to the Director, Of- not apply to any activity executed in fice of Ocean and Coastal Resource accordance with the scope, purpose, Management; ATTN: Manager, terms and conditions of a National Ma- Stellwagen Bank National Marine rine Sanctuary permit issued pursuant Sanctuary, 14 Union Street, Plymouth, to § 922.48 and § 922.143 or a Special Use MA 02360. permit issued pursuant to section 310 of (c) The Director, at his or her discre- the Act. tion may issue a permit, subject to (e) The prohibitions in paragraphs such terms and conditions as he or she (a)(1) and (3) through (7) of this section deems appropriate, to conduct an ac- do not apply any activity authorized tivity prohibited by § 922.142(a) (1) and by any lease, permit, license, approval (3) through (7), if the Director finds or other authorization issued after the that the activity will have only neg- effective date of Sanctuary designation ligible short-term adverse effects on (November 4, 1992) and issued by any Sanctuary resources and qualities and Federal, State or local authority of will: further research related to Sanc- competent jurisdiction, provided that tuary resources and qualities; further the applicant complies with § 922.49, the the educational, natural or historical Director notifies the applicant and au- resource value of the Sanctuary; fur- thorizing agency that he or she does ther salvage or recovery operations in not object to issuance of the authoriza- or near the Sanctuary in connection tion, and the applicant complies with with a recent air or marine casualty; any terms and conditions the Director or assist in managing the Sanctuary. deems necessary to protect Sanctuary In deciding whether to issue a permit, the Director may consider such factors resources and qualities. Amendments, as: the professional qualifications and renewals and extensions of authoriza- financial ability of the applicant as re- tions in existence on the effective date lated to the proposed activity; the du- of designation constitute authoriza- ration of the activity and the duration tions issued after the effective date. of its effects; the appropriateness of (f) Notwithstanding paragraphs (d) the methods and procedures proposed and (e) of this section, in no event may by the applicant for the conduct of the the Director issue a permit under activity; the extent to which the con- § 922.48 and § 922.143, or under section duct of the activity may diminish or 310 of the act, authorizing, or otherwise enhance Sanctuary resources and approving, the exploration for, develop- qualities; the cumulative effects of the ment or production of industrial mate- activity; and the end value of the ac- rials within the Sanctuary, or the dis- tivity. In addition, the Director may posal of dredged materials within the consider such other factors as he or she Sanctuary (except by a certification, deems appropriate. pursuant to § 922.47, of valid authoriza- (d) It shall be a condition of any per- tions in existence on November 4, 1992) mit issued that the permit or a copy and any leases, licenses, permits, ap- thereof be displayed on board all ves- provals or other authorizations author- sels or aircraft used in the conduct of izing the exploration for, development the activity. or production of industrial materials in (e) The Director may, inter alia, make the Sanctuary issued by other authori- it a condition of any permit issued that ties after November 4, 1992, shall be in- any data or information obtained valid. under the permit be made available to the public. § 922.143 Permit procedures and cri- (f) The Director may, inter alia, make teria. it a condition of any permit issued that (a) A person may conduct an activity a NOAA official be allowed to observe prohibited by § 922.142 (a) (1) and (3) any activity conducted under the per- through (7) if conducted in accordance mit and/or that the permit holder sub- with scope, purpose, manner, terms and mit one or more reports on the status,

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progress or results of any activity au- Fuca and Quinault Canyons. The coast- thorized by the permit. al boundary of the Sanctuary is the mean higher high water line when adja- APPENDIX A TO SUBPART N OF PART cent to Federally managed lands cut- 922—STELLWAGEN BANK NATIONAL ting across the mouths of all rivers and MARINE SANCTUARY BOUNDARY CO- streams, except where adjacent to In- ORDINATES dian reservations, State and county [Appendix Based on North American Datum of 1927] owned lands; in such case, the coastal Loran boundary is the mean lower low water Pt. Latitude Longitude 9960W 9960X line. La Push harbor is excluded from the Sanctuary boundary shoreward of E1 42°45′59.83″ 70°13′01.77″ 13,607.19 25,728.57 the International Collision at Sea regu- E2 42°05′35.51″ 70°02′08.14″ 13,753.39 25,401.78 E3 42°06′8.25″ 70°03′17.55″ 13,756.72 25,412.46 lation (Colreg.) demarcation lines. The E4 42°06′2.53″ 70°04′03.36″ 13,760.30 25,417.53 boundary coordinates are listed in ap- ° ′ ″ ° ′ ″ E5 42 07 02.70 70 05 13.61 13,764.52 25,427.27 pendix A to this subpart. E6 42°07′13.0″ 70°06′23.75″ 13,770.54 25,434.45 ° ′ ″ ° ′ ″ E7 42 07 35.95 70 07 27.89 13,775.08 25,442.51 [60 FR 66877, Dec. 27, 1995, as amended at 76 E8 42°07′42.33″ 70°08′26.07″ 13,780.35 25,448.27 E9 42°07′59.94″ 70°09′19.78″ 13,784.24 25,455.02 FR 67360, Nov. 1, 2011] E10 42°08′04.95″ 70°10′24.40″ 13,790.27 25,461.28 E11 42°07′55.19″ 70°11′47.67″ 13,799.38 25,467.56 § 922.151 Definitions. E12 42°07′59.84″ 70°13′03.35″ 13,806.58 25,474.95 E13 42°07′46.55″ 70°14′21.91″ 13,815.52 25,480.62 In addition to those definitions found E14 42°07′27.29″ 70°15′22.95″ 13,823.21 25,484.05 at § 922.3, the following definitions E15 42°06′54.57″ 70°16′42.71″ 13,833.88 25,487.79 E16 42°07′44.89″ 70°28′15.44″ 13,900.14 25,563.22 apply to this subpart: E17 42°32′53.52″ 70°35′52.38″ 13,821.60 25,773.51 Clean means not containing detect- E18 42°33′30.24″ 70°35′14.96″ 13,814.43 25,773.54 able levels of harmful matter. E19 42°33′48.14″ 70°35′03.81″ 13,811.68 25,774.28 E20 42°34′30.45″ 70°34′22.98″ 13,803.64 25,774.59 Cruise ship means a vessel with 250 or E21 42°34′50.37″ 70°33′21.93″ 13,795.43 25,770.55 more passenger berths for hire. ° ′ ″ ° ′ ″ E22 42 35 16.08 70 32 32.29 13,787.92 25,768.31 Harmful matter means any substance, E23 42°35′41.80″ 70°31′44.20″ 13,780.57 25,766.25 E24 42°36′23.08″ 70°30′58.98″ 13,772.14 25,766.14 or combination of substances, that be- E25 42°37′15.51″ 70°30′23.01″ 13,763.69 25,768.12 cause of its quantity, concentration, or E26 42°37′58.88″ 70°30′06.60″ 13,758.09 25,771.07 E27 42°38′32.46″ 70°30′06.54″ 13,755.07 25,774.58 physical, chemical, or infectious char- E28 42°39′04.08″ 70°30′11.29″ 13,752.75 25,778.35 acteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited Subpart O—Olympic Coast to: Fishing nets, fishing line, hooks, National Marine Sanctuary fuel, oil, and those contaminants (regardless of quantity) listed pursuant to § 922.150 Boundary. 42 U.S.C. 101(14) of the Comprehensive (a) The Olympic Coast National Ma- Environmental Response, Compensa- rine Sanctuary (Sanctuary) consists of tion and Liability Act at 40 CFR 302.4. an area of approximately 2,408 square Indian reservation means a tract of nautical miles (nmi) of coastal and land set aside by the Federal Govern- ocean waters, and the submerged lands thereunder, off the central and north- ment for use by a federally recognized ern coast of the State of Washington. American Indian tribe and includes, (b) The Sanctuary boundary extends but is not limited to, the Makah, from Koitlah Point due north to the Quileute, Hoh, and Quinault Reserva- United States/Canada international tions. boundary. The Sanctuary boundary Lawful fishing means fishing author- then follows the U.S./Canada inter- ized by a tribal, State or Federal entity national boundary seaward to the 100 with jurisdiction over the activity. fathom isobath. The seaward boundary Treaty means a formal agreement be- of the Sanctuary approximates the 100 tween the United States Government fathom isobath in a southerly direction and an Indian tribe. from the U.S./Canada international boundary to a point due west of the [76 FR 67360, Nov. 1, 2011] mouth of the Copalis River cutting across the heads of Nitnat, Juan de

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§ 922.152 Prohibited or otherwise reg- or other matter on the submerged ulated activities. lands of the Sanctuary, except as an in- (a) Except as specified in paragraphs cidental result of: (b) through (g) of this section, the fol- (i) Anchoring vessels; lowing activities are prohibited and (ii) Lawful fishing operations; thus are unlawful for any person to (iii) Installation of navigation aids; conduct or to cause to be conducted: (iv) Harbor maintenance in the areas (1) Exploring for, developing or pro- necessarily associated with the ducing oil, gas or minerals within the Quillayute River Navigation Project, Sanctuary. including dredging of entrance chan- (2)(i) Discharging or depositing, from nels and repair, replacement or reha- within or into the Sanctuary, other bilitation of breakwaters and jetties, than from a cruise ship, any material and related beach nourishment; or other matter except: (v) Construction, repair, replacement (A) Fish, fish parts, chumming mate- or rehabilitation of boat launches, rials or bait used in or resulting from docks or piers, and associated break- lawful fishing operations in the Sanc- waters and jetties; or tuary; (vi) Beach nourishment projects re- (B) Biodegradable effluent incidental lated to harbor maintenance activities. to vessel use and generated by marine (6) Taking any marine mammal, sea sanitation devices approved in accord- turtle or seabird in or above the Sanc- ance with section 312 of the Federal tuary, except as authorized by the Ma- Water Pollution Control Act, as rine Mammal Protection Act, as amended, (FWPCA), 33 U.S.C. 1322 et amended, (MMPA), 16 U.S.C. 1361 et seq.; seq., the Endangered Species Act, as (C) Water generated by routine vessel amended, (ESA), 16 U.S.C. 1531 et seq., operations (e.g., cooling water, deck and the Migratory Bird Treaty Act, as wash down, and graywater as defined amended, (MBTA), 16 U.S.C. 703 et seq., by section 312 of the FWPCA) excluding or pursuant to any Indian treaty with oily wastes from bilge pumping; an Indian tribe to which the United (D) Engine exhaust; or States is a party, provided that the In- (E) Dredge spoil in connection with dian treaty right is exercised in accord- beach nourishment projects related to ance with the MMPA, ESA, and MBTA, the Quillayute River Navigation to the extent that they apply. Project. (7) Disturbing marine mammals or (ii) Discharging or depositing, from seabirds by flying motorized aircraft at beyond the boundary of the Sanctuary, less than 2,000 feet over the waters any material or other matter, except within one nautical mile of the Flat- those listed in paragraphs (a)(2)(i)(A) tery Rocks, Quillayute Needles, or through (E) of this section, that subse- Copalis National Wildlife Refuges or quently enters the Sanctuary and in- within one nautical mile seaward from jures a Sanctuary resource or quality. the coastal boundary of the Sanctuary, (3) Discharging or depositing, from except for activities related to tribal within or into the Sanctuary, any ma- timber operations conducted on res- terials or other matter from a cruise ervation lands, or to transport persons ship except clean vessel engine cooling or supplies to or from reservation lands water, clean vessel generator cooling as authorized by a governing body of water, clean bilge water, engine ex- an Indian tribe. Failure to maintain a haust, or anchor wash. minimum altitude of 2,000 feet above (4) Moving, removing or injuring, or ground level over any such waters is attempting to move, remove or injure, presumed to disturb marine mammals a Sanctuary historical resource. This or seabirds. prohibition does not apply to moving, (8) Possessing within the Sanctuary removing or injury resulting inciden- (regardless of where taken, moved or tally from lawful fishing operations. removed from) any historical resource, (5) Drilling into, dredging or other- or any marine mammal, sea turtle, or wise altering the submerged lands of seabird taken in violation of the the Sanctuary; or constructing, placing MMPA, ESA, or MBTA, to the extent or abandoning any structure, material that they apply.

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(9) Interfering with, obstructing, de- (3) In the event of threatened or ac- laying or preventing an investigation, tual destruction of, loss of, or injury to search, seizure or disposition of seized a Sanctuary resource or quality result- property in connection with enforce- ing from an untoward incident, includ- ment of the Act or any regulation or ing but not limited to spills and permit issued under the Act. groundings caused by the Department (b) The prohibitions in paragraph of Defense, the Department of Defense (a)(2) through (5), (7), and (8) of this shall promptly coordinate with the Di- section do not apply to activities nec- rector for the purpose of taking appro- essary to respond to emergencies priate actions to respond to and miti- threatening life, property, or the envi- gate the harm and, if possible, restore ronment. or replace the Sanctuary resource or (c) The prohibitions in paragraphs quality. (a)(2) through (5), (7), and (8) of this (e) The prohibitions in paragraphs section do not apply to activities nec- (a)(2) through (8) of this section do not essary for valid law enforcement pur- apply to any activity executed in ac- poses. cordance with the scope, purpose, (d)(1) All Department of Defense terms and conditions of a National Ma- military activities shall be carried out rine Sanctuary permit issued pursuant in a manner that avoids to the max- to §§ 922.48 and 922.153 or a Special Use imum extent practicable any adverse permit issued pursuant to section 310 of impacts on Sanctuary resources and the Act. qualities. (f) Members of a federally recognized Indian tribe may exercise aboriginal (i) Except as provided in paragraph and treaty-secured rights, subject to (d)(2) of this section, the prohibitions the requirements of other applicable in paragraphs (a)(2) through (8) of this law, without regard to the require- section do not apply to the following ments of this part. The Director may military activities performed by the consult with the governing body of a Department of Defense in W–237A, W– tribe regarding ways the tribe may ex- 237B, and Military Operating Areas ercise such rights consistent with the Olympic A and B in the Sanctuary: purposes of the Sanctuary. (A) Hull integrity tests and other (g) The prohibitions in paragraphs deep water tests; (a)(2) through (8) of this section do not (B) Live firing of guns, missiles, tor- apply to any activity authorized by pedoes, and chaff; any lease, permit, license, or other au- (C) Activities associated with the thorization issued after July 22, 1994, Quinault Range including the in-water and issued by any Federal, State or testing of non-explosive torpedoes; and local authority of competent jurisdic- (D) Anti-submarine warfare oper- tion, provided that the applicant com- ations. plies with § 922.49, the Director notifies (ii) New activities may be exempted the applicant and authorizing agency from the prohibitions in paragraphs that he or she does not object to (a)(2) through (8) of this section by the issuance of the authorization, and the Director after consultation between applicant complies with any terms and the Director and the Department of De- conditions the Director deems nec- fense. If it is determined that an activ- essary to protect Sanctuary resources ity may be carried out such activity and qualities. Amendments, renewals shall be carried out in a manner that and extensions of authorizations in ex- avoids to the maximum extent prac- istence on the effective date of designa- ticable any adverse impact on Sanc- tion constitute authorizations issued tuary resources and qualities. Civil en- after the effective date. gineering and other civil works (h) Notwithstanding paragraphs (e) projects conducted by the U.S. Army and (g) of this section, in no event may Corps of Engineers are excluded from the Director issue a National Marine the scope of this paragraph (d). Sanctuary permit under §§ 922.48 and (2) The Department of Defense is pro- 922.153 or a Special Use permit under hibited from conducting bombing ac- section 310 of the Act authorizing, or tivities within the Sanctuary. otherwise approve: The exploration for,

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development or production of oil, gas subsistence, ceremonial and spiritual or minerals within the Sanctuary; the activities, or the education or training discharge of primary-treated sewage of tribal members. For the purpose of within the Sanctuary; the disposal of this part, American Indian tribes adja- dredged material within the Sanctuary cent to the sanctuary mean the Hoh, other than in connection with beach Makah, and Quileute Indian Tribes and nourishment projects related to the the Quinault Indian Nation. In deciding Quillayute River Navigation Project; whether to issue a permit, the Director or bombing activities within the Sanc- may consider such factors as: The pro- tuary. Any purported authorizations fessional qualifications and financial issued by other authorities after July ability of the applicant as related to 22, 1994 for any of these activities with- the proposed activity; the duration of in the Sanctuary shall be invalid. the activity and the duration of its ef- [76 FR 67360, Nov. 1, 2011, as amended at 77 fects; the appropriateness of the meth- FR 3922, Jan. 26, 2012] ods and procedures proposed by the applicant for the conduct of the activity; § 922.153 Permit procedures and cri- the extent to which the conduct of the teria activity may diminish or enhance (a) A person may conduct an activity Sanctuary resources and qualities; the prohibited by paragraphs (a)(2) through cumulative effects of the activity; the (8) of § 922.152 if conducted in accord- end value of the activity; and the im- ance with the scope, purpose, terms pacts of the activity on adjacent Amer- and conditions of a permit issued under ican Indian tribes. Where the issuance this section and § 922.48. or denial of a permit is requested by (b) Applications for such permits the governing body of an American In- should be addressed to the Director, Of- dian tribe, the Director shall consider fice of National Marine Sanctuaries; and protect the interests of the tribe to ATTN: Superintendent, Olympic Coast the fullest extent practicable in keep- National Marine Sanctuary, 115 East ing with the purposes of the Sanctuary Railroad Avenue, Suite 301, Port Ange- and his or her fiduciary duties to the les, WA 98362–2925. tribe. The Director may also deny a (c) The Director, at his or her discre- permit application pursuant to this tion, may issue a permit, subject to section, in whole or in part, if it is de- such terms and conditions as he or she termined that the permittee or appli- deems appropriate, to conduct an ac- cant has acted in violation of the terms tivity prohibited by paragraphs (a)(2) or conditions of a permit or of these through (8) of § 922.152, if the Director regulations. In addition, the Director finds that the activity will not sub- may consider such other factors as he stantially injure Sanctuary resources or she deems appropriate. and qualities and will: Further re- (d) It shall be a condition of any per- search related to Sanctuary resources mit issued that the permit or a copy and qualities; further the educational, thereof be displayed on board all ves- natural or historical resource value of sels or aircraft used in the conduct of the Sanctuary; further salvage or re- the activity. covery operations in or near the Sanc- (e) The Director may, inter alia, tuary in connection with a recent air make it a condition of any permit or marine casualty; assist in managing issued that any data or information ob- the Sanctuary; further salvage or re- tained under the permit be made avail- covery operations in connections with able to the public. an abandoned shipwreck in the Sanc- (f) The Director may, inter alia, tuary title to which is held by the make it a condition of any permit State of Washington; or be issued to an issued that a NOAA official be allowed American Indian tribe adjacent to the to observe any activity conducted Sanctuary, and/or its designee as cer- under the permit and/or that the per- tified by the governing body of the mit holder submit one or more reports tribe, to promote or enhance tribal on the status, progress or results of self-determination, tribal government any activity authorized by the permit. functions, the exercise of treaty rights, (g) The Director shall obtain the ex- the economic development of the tribe, press written consent of the governing

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body of an Indian tribe prior to issuing [Based on North American Datum of 1983] a permit, if the proposed activity in- Point Latitude Longitude volves or affects resources of cultural or historical significance to the tribe. 17 ...... 48°30′21.2″ 124°50′25.9″ (h) Removal, or attempted removal 18 ...... 48°30′10.2″ 124°47′17.9″ 19 ...... 48°29′36.4″ 124°43′38.1″ of any Indian cultural resource or arti- 20 ...... 48°28′08″ 124°38′13″ fact may only occur with the express 21 ...... 48°23′17″ 124°38′13″ written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certifi- Subpart P—Florida Keys National cation by the Director that such activi- Marine Sanctuary ties occur in a manner that minimizes damage to the biological and archeo- SOURCE: 62 FR 32161, June 12, 1997, unless logical resources. Prior to permitting otherwise noted. entry onto a significant cultural site designated by a tribal governing body, § 922.160 Purpose. the Director shall require the express (a) The purpose of the regulations in written consent of the governing body this subpart is to implement the com- of the tribe or tribes to which such cul- prehensive management plan for the tural site pertains. Florida Keys National Marine Sanc- [80 FR 11112, Mar. 2, 2015] tuary by regulating activities affecting the resources of the Sanctuary or any § 922.154 Consultation with the State of the qualities, values, or purposes for of Washington, affected Indian which the Sanctuary is designated, in tribes, and adjacent county govern- order to protect, preserve and manage ments. the conservation, ecological, rec- (a) The Director shall regularly con- reational, research, educational, his- sult with the State of Washington, the torical, and aesthetic resources and governing bodies of tribes with reserva- qualities of the area. In particular, the tions adjacent to the Sanctuary, and regulations in this part are intended to adjacent county governments regard- protect, restore, and enhance the living ing areas of mutual concern, including resources of the Sanctuary, to con- Sanctuary programs, permitting, ac- tribute to the maintenance of natural tivities, development, and threats to assemblages of living resources for fu- Sanctuary resources. ture generations, to provide places for (b) The Director shall, when re- species dependent on such living requested by such governments, enter sources to survive and propagate, to fa- into a memorandum of understanding cilitate to the extent compatible with regarding such consultations. the primary objective of resource protection all public and private uses of APPENDIX A TO SUBPART O OF PART the resources of the Sanctuary not pro- 922—OLYMPIC COAST NATIONAL MA- hibited pursuant to other authorities, RINE SANCTUARY BOUNDARY COORDI- to reduce conflicts between such com- NATES patible uses, and to achieve the other [Based on North American Datum of 1983] policies and purposes of the Florida Point Latitude Longitude Keys National Marine Sanctuary and Protection Act and the National Ma- 1 ...... 47°07′45″ 124°11′02″ rine Sanctuaries Act. 2 ...... 47°07′45″ 124°58′12″ 3 ...... 47°35′05″ 125°00′00″ (b) Section 304(e) of the NMSA re- 4 ...... 47°40′05″ 125°04′44″ quires the Secretary to review manage- 5 ...... 47°50′01″ 125°05′42″ ment plans and regulations every five 6 ...... 47°57′13″ 125°29′13″ 7 ...... 48°07′33″ 125°38′20″ years, and make necessary revisions. 8 ...... 48°15′00″ 125°40′54″ Upon completion of the five year re- 9 ...... 48°18′21.2″ 125°30′02.9″ view of the Sanctuary management 10 ...... 48°20′15.2″ 125°22′52.9″ 11 ...... 48°26′46.2″ 125°09′16.9″ plan and regulations, the Secretary 12 ...... 48°27′09.2″ 125°08′29.9″ will repropose the regulations in their 13 ...... 48°28′08.2″ 125°05′51.9″ entirety with any proposed changes 14 ...... 48°29′43.2″ 125°00′10.9″ 15 ...... 48°29′56.2″ 124°59′19.9″ thereto, including those regulations in 16 ...... 48°30′13.2″ 124°54′56.9″ subparts A and E of this part that

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apply to the Sanctuary. The Governor Coral means but is not limited to the of the State of Florida will have the corals of the Class Hydrozoa (stinging opportunity to review the re-proposed and hydrocorals); Class Anthozoa, Sub- regulations before they take effect and class Hexacorallia, Order Scleractinia if the Governor certifies such regula- (stony corals); Class Anthozoa, Sub- tions as unacceptable, they will not class Ceriantipatharia, Order take effect in State waters of the Sanc- Antipatharia (black corals); and Class tuary. Anthozoa, Subclass Ocotocorallia, Order Gorgonacea, species Gorgonia § 922.161 Boundary. ventalina and Gorgonia flabellum (sea The Sanctuary consists of an area of fans). approximately 2900 square nautical Coral area means marine habitat miles (9,800 square kilometers) of where coral growth abounds including coastal and ocean waters, and the sub- patch reefs, outer bank reefs, deep- merged lands thereunder, surrounding water banks, and hardbottoms. the Florida Keys in Florida. Appendix I Coral reefs means the hard bottoms, to this subpart sets forth the precise deep-water banks, patch reefs, and Sanctuary boundary. outer bank reefs. [66 FR 4369, Jan. 17, 2001] Ecological Reserve means an area of the Sanctuary consisting of contig- § 922.162 Definitions. uous, diverse habitats, within which (a) The following definitions apply to uses are subject to conditions, restric- the Florida Keys National Marine tions and prohibitions, including access Sanctuary regulations. To the extent restrictions, intended to minimize that a definition appears in § 922.3 and human influences, to provide natural this section, the definition in this sec- spawning, nursery, and permanent resi- tion governs. dence areas for the replenishment and Acts means the Florida Keys National genetic protection of marine life, and Marine Sanctuary and Protection Act, also to protect and preserve natural as- as amended, (FKNMSPA) (Pub. L. 101– semblages of habitats and species with- 605), and the National Marine Sanc- in areas representing a broad diversity tuaries Act (NMSA), also known as of resources and habitats found within Title III of the Marine Protection, Re- the Sanctuary. Appendix IV to this search, and Sanctuaries Act, as amend- subpart sets forth the geographic co- ed, (MPRSA) (16 U.S.C. 1431 et seq.). ordinates of these areas. Adverse effect means any factor, force, Existing Management Area means an or action that independently or cumu- area of the Sanctuary that is within or latively damages, diminishes, degrades, is a resource management area estab- impairs, destroys, or otherwise harms lished by NOAA or by another Federal any Sanctuary resource, as defined in authority of competent jurisdiction as section 302(8) of the NMSA (16 U.S.C. of the effective date of these regula- 1432(8)) and in this section, or any of tions where protections above and be- the qualities, values, or purposes for yond those provided by Sanctuary-wide which the Sanctuary is designated. prohibitions and restrictions are need- Airboat means a vessel operated by ed to adequately protect resources. Ap- means of a motor driven propeller that pendix II to this subpart sets forth the pushes air for momentum. geographic coordinates of these areas. Areas To Be Avoided means the areas Exotic species means a species of in which vessel operations are prohib- plant, invertebrate, fish, amphibian, ited pursuant to section 6(a)(1) of the reptile or mammal whose natural FKNMSPA (see § 922.164(a)). Appendix zoogeographic range would not have in- VII to this subpart sets forth the geo- cluded the waters of the Atlantic graphic coordinates of these areas, in- Ocean, Caribbean, or Gulf of Mexico cluding any modifications thereto without passive or active introduction made in accordance with section 6(a)(3) to such area through anthropogenic of the FKNMSPA. means. Closed means all entry or use is pro- Fish means finfish, mollusks, crusta- hibited. ceans, and all forms of marine animal

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and plant life other than marine mam- grape algae (Caulerpa spp.) and water- mals and birds. cress (Halimeda spp.). Fishing means: Marine life species means any species (1) The catching, taking, or har- of fish, invertebrate, or plant included vesting of fish; the attempted catching, in sections (2), (3), or (4) of Rule 46– taking, or harvesting of fish; any other 42.001, Florida Administrative Code, re- activity which can reasonably be ex- printed in appendix VIII to this sub- pected to result in the catching, tak- part. ing, or harvesting of fish; or any oper- Military activity means an activity ation at sea in support of, or in prepa- conducted by the Department of De- ration for, any activity described in fense with or without participation by this subparagraph (1). foreign forces, other than civil engi- (2) Such term does not include any neering and other civil works projects scientific research activity which is conducted by the U.S. Army Corps of conducted by a scientific research ves- Engineers. sel. No-access buffer zone means a portion Hardbottom means a submerged ma- of the Sanctuary where vessels are pro- rine community comprised of orga- hibited from entering regardless of the nisms attached to exposed solid rock method of propulsion. substrate. Hardbottom is the substrate No motor zone means an area of the to which corals may attach but does Sanctuary where the use of internal not include the corals themselves. combustion motors is prohibited. A Idle speed only/no-wake means a speed vessel with an internal combustion at which a boat is operated that is no motor may access a no motor zone only greater than 4 knots or does not through the use of a push pole, paddle, produce a wake. sail, electric motor or similar means of Idle speed only/no-wake zone means a operation but is prohibited from using portion of the Sanctuary where the it’s internal combustion motor. speed at which a boat is operated may Not available for immediate use means be no greater than 4 knots or may not not readily accessible for immediate produce a wake. use, e.g., by being stowed unbaited in a Length overall (LOA) or length means, cabin, locker, rod holder, or similar as used in § 922.167 with respect to a storage area, or by being securely cov- vessel, the horizontal distance, rounded ered and lashed to a deck or bulkhead. to the nearest foot (with 0.5 ft and Officially marked channel means a above rounded upward), between the channel marked by Federal, State of foremost part of the stem and the Florida, or Monroe County officials of aftermost part of the stern, excluding competent jurisdiction with naviga- bowsprits, rudders, outboard motor tional aids except for channels marked brackets, and similar fittings or at- idle speed only/no wake. tachments. Personal watercraft means any jet or Live rock means any living marine or- air-powered watercraft operated by ganism or an assemblage thereof at- standing, sitting, or kneeling on or be- tached to a hard substrate, including hind the vessel, in contrast to a con- dead coral or rock but not individual ventional boat, where the operator mollusk shells (e.g., scallops, clams, stands or sits inside the vessel, and oysters). Living marine organisms as- that uses an inboard engine to power a sociated with hard bottoms, banks, water jet pump for propulsion, instead reefs, and live rock may include, but of a propeller as in a conventional are not limited to: sea anemones (Phy- boat. lum Cnidaria: Class Anthozoa: Order Prop dredging means the use of a ves- Actinaria); sponges (Phylum Porifera); sel’s propulsion wash to dredge or oth- tube worms (Phylum Annelida), includ- erwise alter the seabed of the Sanc- ing fan worms, feather duster worms, tuary. Prop dredging includes, but is and Christmas tree worms; bryozoans not limited to, the use of propulsion (Phylum Bryzoa); sea squirts (Phylum wash deflectors or similar means of Chordata); and marine algae, including dredging or otherwise altering the sea- Mermaid’s fan and cups (Udotea spp.), bed of the Sanctuary. Prop dredging corraline algae, green feather, green does not include the disturbance to

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bottom sediments resulting from nor- wrightii (shoal grass); Halophila mal vessel propulsion. decipiens, H. engelmannii, H. johnsonii; Prop scarring means the injury to and Ruppia maritima. seagrasses or other immobile orga- Special-use Area means an area of the nisms attached to the seabed of the Sanctuary set aside for scientific re- Sanctuary caused by operation of a search and educational purposes, recov- vessel in a manner that allows its pro- ery or restoration of Sanctuary re- peller or other running gear, or any sources, monitoring, to prevent use or part thereof, to cause such injury (e.g., user conflicts, to facilitate access and cutting seagrass rhizomes). Prop scar- use, or to promote public use and un- ring does not include minor disturb- derstanding of Sanctuary resources. ances to bottom sediments or seagrass Appendix VI to this subpart sets forth blades resulting from normal vessel the geographic coordinates of these propulsion. areas. Residential shoreline means any man- Stem means the foremost part of a made or natural: vessel, consisting of a section of timber (1) Shoreline, or fiberglass, or cast, forged, or rolled (2) Canal mouth, metal, to which the sides of the vessel (3) Basin, or are united at the fore end, with the (4) Cove adjacent to any residential lower end united to the keel, and with land use district, including improved the bowsprit, if one is present, resting subdivision, suburban residential or on the upper end. suburban residential limited, sparsely Stern means the aftermost part of the settled, urban residential, and urban vessel. residential mobile home under the Tank vessel means any vessel that is Monroe County land development regu- constructed or adapted to carry, or lations. that carries, oil or hazardous material Sanctuary means the Florida Keys in bulk as cargo or cargo residue, and National Marine Sanctuary. that— Sanctuary Preservation Area means an (1) Is a United States flag vessel; area of the Sanctuary that encom- (2) Operates on the navigable waters passes a discrete, biologically impor- of the United States; or tant area, within which uses are sub- (3) Transfers oil or hazardous mate- ject to conditions, restrictions and pro- rial in a port or place subject to the ju- hibitions, including access restrictions, risdiction of the United States [46 to avoid concentrations of uses that U.S.C. 2101]. could result in significant declines in Traditional fishing means those com- species populations or habitat, to re- mercial or recreational fishing activi- duce conflicts between uses, to protect ties that were customarily conducted areas that are critical for sustaining within the Sanctuary prior to its des- important marine species or habitats, ignation as identified in the Environ- or to provide opportunities for sci- mental Impact Statement and Manage- entific research. Appendix V to this ment Plan for this Sanctuary. subpart sets forth the geographic co- Tropical fish means any species in- ordinates of these areas. cluded in section (2) of Rule 46–42.001, Sanctuary wildlife means any species Florida Administrative Code, repro- of fauna, including avifauna, that oc- duced in appendix VIII to this subpart, cupy or utilize the submerged re- or any part thereof. sources of the Sanctuary as nursery Vessel means a watercraft of any de- areas, feeding grounds, nesting sites, scription, including, but not limited to, shelter, or other habitat during any motorized and non-motorized portion of their life cycles. watercraft, personal watercraft, air- Seagrass means any species of marine boats, and float planes while maneu- angiosperms (flowering plants) that in- vering on the water, capable of being habit portions of the seabed in the used as a means of transportation in/on Sanctuary. Those species include, but the waters of the Sanctuary. For pur- are not limited to: Thalassia poses of this part, the terms ‘‘vessel,’’ testudinum (turtle grass); Syringodium ‘‘watercraft,’’ and ‘‘boat’’ have the filiforme (manatee grass); Halodule same meaning.

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Wildlife Management Area means an the appropriate Fishery Management area of the Sanctuary established for Plan, or as authorized by the applica- the management, protection, and pres- ble State authority of competent juris- ervation of Sanctuary wildlife re- diction within the Sanctuary for live sources, including such an area estab- rock cultured on State submerged lished for the protection and preserva- lands leased from the State of Florida, tion of endangered or threatened spe- pursuant to applicable State law. See cies or their habitats, within which ac- § 370.027, Florida Statutes and imple- cess is restricted to minimize disturb- menting regulations. ances to Sanctuary wildlife; to ensure (3) Alteration of, or construction on, the protection and preservation consistent seabed. Drilling into, dredging, or oth- with the Sanctuary designation and erwise altering the seabed of the Sanc- other applicable law governing the pro- tuary, or engaging in prop-dredging; or tection and preservation of wildlife re- constructing, placing or abandoning sources in the Sanctuary. Appendix III any structure, material, or other mat- to this subpart lists these areas and ter on the seabed of the Sanctuary, ex- their access restrictions. cept as an incidental result of: (b) Other terms appearing in the reg- (i) Anchoring vessels in a manner not ulations in this part are defined at 15 otherwise prohibited by this part (see CFR 922.3, and/or in the Marine Protec- §§ 922.163(a)(5)(ii) and 922.164(d)(1)(v)); tion, Research, and Sanctuaries Act (ii) Traditional fishing activities not (MPRSA), as amended, 33 U.S.C. 1401 et otherwise prohibited by this part; seq. and 16 U.S.C. 1431 et seq. (iii) Installation and maintenance of [62 FR 32161, June 12, 1997, as amended at 66 navigational aids by, or pursuant to FR 4369, Jan. 17, 2001; 74 FR 38094, July 31, valid authorization by, any Federal, 2009] State, or local authority of competent jurisdiction; § 922.163 Prohibited activities—Sanc- (iv) Harbor maintenance in areas nec- tuary-wide. essarily associated with Federal water (a) Except as specified in paragraph resource development projects in exist- (b) through (e) of this section, the fol- ence on July 1, 1997, including mainte- lowing activities are prohibited and nance dredging of entrance channels thus are unlawful for any person to and repair, replacement, or rehabilita- conduct or to cause to be conducted: tion of breakwaters or jetties; (1) Mineral and hydrocarbon explo- (v) Construction, repair, replace- ration, development and production. Ex- ment, or rehabilitation of docks, sea- ploring for, developing, or producing walls, breakwaters, piers, or marinas minerals or hydrocarbons within the with less than ten slips authorized by Sanctuary. any valid lease, permit, license, ap- (2) Removal of, injury to, or possession proval, or other authorization issued of coral or live rock. (i) Moving, remov- by any Federal, State, or local author- ing, taking, harvesting, damaging, dis- ity of competent jurisdiction. turbing, touching, breaking, cutting, (4) Discharge or deposit of materials or or otherwise injuring, or possessing (re- other matter. (i) Discharging or depos- gardless of where taken from) any liv- iting, from within the boundary of the ing or dead coral, or coral formation, Sanctuary, any material or other mat- or attempting any of these activities, ter, except: except as permitted under 50 CFR part (A) Fish, fish parts, chumming mate- 622. rials, or bait used or produced inci- (ii) Harvesting, or attempting to har- dental to and while conducting a tradi- vest, any live rock from the Sanctuary, tional fishing activity in the Sanc- or possessing (regardless of where tuary; taken from) any live rock within the (B) Water generated by routine vessel Sanctuary, except as authorized by a operations (e.g., deck wash down and permit for the possession or harvest graywater as defined in section 312 of from aquaculture operations in the Ex- the FWPCA), excluding oily wastes clusive Economic Zone, issued by the from bilge pumping; or National Marine Fisheries Service pur- (C) Cooling water from vessels or en- suant to applicable regulations under gine exhaust;

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(ii) Discharging or depositing, from treated and untreated sewage. Accept- beyond the boundary of the Sanctuary, able methods include, but are not lim- any material or other matter that sub- ited to, all methods that have been ap- sequently enters the Sanctuary and in- proved by the U.S. Coast Guard (at 33 jures a Sanctuary resource or quality, CFR 159.7(b) and (c)). except: (6) Conduct of diving/snorkeling with- (A) Those listed in paragraph out flag. Diving or snorkeling without (a)(4)(i)(A) through (a)(4)(i)(C) of this flying in a conspicuous manner the red section; and white ‘‘divers down’’ flag (or the (B) Sewage incidental to vessel use blue and white ‘‘alpha’’ flag in Federal and generated by a marine sanitation waters). device approved in accordance with (7) Release of exotic species. Intro- section 312 of the Federal Water Pollu- ducing or releasing an exotic species of tion Control Act (FWPCA), as amend- plant, invertebrate, fish, amphibian, or ed, 33 U.S.C. 1322 et seq.; mammals into the Sanctuary. (C) Those authorized under Monroe (8) Damage or removal of markers. County land use permits; or Marking, defacing, or damaging in any (D) Those authorized under State way or displacing, removing, or tam- permits. pering with any official signs, notices, (5) (i) Operating a Operation of vessels. or placards, whether temporary or per- vessel in such a manner as to strike or manent, or with any navigational aids, otherwise injure coral, seagrass, or any monuments, stakes, posts, mooring other immobile organism attached to buoys, boundary buoys, trap buoys, or the seabed, including, but not limited scientific equipment. to, operating a vessel in such a manner as to cause prop-scarring. (9) Movement of, removal of, injury to, (ii) Having a vessel anchored on liv- or possession of Sanctuary historical re- ing coral other than hardbottom in sources. Moving, removing, injuring, or water depths less than 40 feet when vis- possessing, or attempting to move, re- ibility is such that the seabed can be move, injure, or possess, a Sanctuary seen. historical resource. (iii) Except in officially marked (10) Take or possession of protected channels, operating a vessel at a speed wildlife. Taking any marine mammal, greater than 4 knots or in manner sea turtle, or seabird in or above the which creates a wake: Sanctuary, except as authorized by the (A) Within an area designated idle Marine Mammal Protection Act, as speed only/no wake; amended, (MMPA), 16 U.S.C. 1361 et (B) Within 100 yards of navigational seq., the Endangered Species Act, as aids indicating emergent or shallow amended, (ESA), 16 U.S.C. 1531 et seq., reefs (international diamond warning and the Migratory Bird Treaty Act, as symbol); amended, (MBTA) 16 U.S.C. 703 et seq. (C) Within 100 yards of the red and (11) Possession or use of explosives or white ‘‘divers down’’ flag (or the blue electrical charges. Possessing, or using and white ‘‘alpha’’ flag in Federal explosives, except powerheads, or re- waters); leasing electrical charges within the (D) Within 100 yards of residential Sanctuary. shorelines; or (12) Harvest or possession of marine life (E) Within 100 yards of stationary species. Harvesting, possessing, or land- vessels. ing any marine life species, or part (iv) Operating a vessel in such a man- thereof, within the Sanctuary, except ner as to injure or take wading, roost- in accordance with rules 68B–42 of the ing, or nesting birds or marine mam- Florida Administrative Code, and such mals. rules shall apply mutatis mutandis (v) Operating a vessel in a manner (with necessary editorial changes) to which endangers life, limb, marine re- all Federal and State waters within the sources, or property. Sanctuary. (vi) Having a marine sanitation de- (13) Interference with law enforcement. vice that is not secured in a manner Interfering with, obstructing, delaying that prevents discharges or deposits of or preventing an investigation, search,

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seizure, or disposition of seized prop- manner significantly greater than was erty in connection with enforcement of considered in a previous consultation the Acts or any regulation or permit under section 304(d) of the NMSA, or it issued under the Acts. is likely to destroy, cause the loss of, (b) Notwithstanding the prohibitions or injure a Sanctuary resource or qual- in this section and in § 922.164, and any ity not previously considered in a pre- access and use restrictions imposed vious consultation under section 304(d) pursuant thereto, a person may con- of the NMSA, the activity is considered duct an activity specifically authorized a new activity for purposes of this by, and conducted in accordance with paragraph. If it is determined that an the scope, purpose, terms, and condi- activity may be carried out, such actions of, a National Marine Sanctuary tivity shall be carried out in a manner permit issued pursuant to § 922.166. that avoids to the maximum extent (c) Notwithstanding the prohibitions practical any adverse impact on Sanc- in this section and in § 922.164, and any tuary resources and qualities. access and use restrictions imposed (2) In the event of threatened or ac- pursuant thereto, a person may con- tual destruction of, loss of, or injury to duct an activity specifically authorized a Sanctuary resource or quality result- by any valid Federal, State, or local ing from an untoward incident, includ- lease, permit, license, approval, or ing but not limited to spills and other authorization issued after the ef- groundings caused by the Department fective date of these regulations, pro- of Defense, the cognizant component vided that the applicant complies with shall promptly coordinate with the Di- § 922.49, the Director notifies the appli- rector for the purpose of taking appro- cant and authorizing agency that he or priate actions to prevent, respond to or she does not object to issuance of the mitigate the harm and, if possible, re- authorization, and the applicant com- store or replace the Sanctuary resource plies with any terms and conditions or quality. the Director deems reasonably nec- (e) The following prohibitions do not essary to protect Sanctuary resources apply to Federal, State and local offi- and qualities. Amendments, renewals cers while performing enforcement du- and extensions of authorizations in ex- ties in their official capacities or re- istence on the effective date of these sponding to emergencies that threaten regulations constitute authorizations life, property, or the environment: issued after the effective date of these regulations. (1) Those contained in paragraph (d)(1) All military activities shall be (a)(4) of this section only as it pertains carried out in a manner that avoids to to discharges of sewage incidental to the maximum extent practical any ad- vessel use and generated by a marine verse impacts on Sanctuary resources sanitation device approved in accord- and qualities. The prohibitions in para- ance with section 312 of the Federal graph (a) of this section and § 922.164 do Water Pollution Control Act (FWPCA), not apply to existing classes of mili- as amended, 33 U.S.C. 1322 et seq.; and tary activities which were conducted (2) Those contained in paragraph prior to the effective date of these reg- (a)(5) of this section. ulations, as identified in the Environ- (f) Notwithstanding paragraph (b) of mental Impact Statement and Manage- this section and paragraph (a) of ment Plan for the Sanctuary. New § 922.168, in no event may the Director military activities in the Sanctuary issue a permit under § 922.166 author- are allowed and may be exempted from izing, or otherwise approve, the explo- the prohibitions in paragraph (a) of ration for, leasing, development, or this section and in § 922.164 by the Di- production of minerals or hydrocarbons rector after consultation between the within the Sanctuary, the disposal of Director and the Department of De- dredged material within the Sanctuary fense pursuant to section 304(d) of the other than in connection with beach NMSA. When a military activity is renourishment or Sanctuary restora- modified such that it is likely to de- tion projects, or the discharge of un- stroy, cause the loss of, or injure a treated or primary treated sewage (ex- Sanctuary resource or quality in a cept by a certification, pursuant to

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§ 922.167, of a valid authorization in ex- ster and stone crab by trap and rec- istence on the effective date of these reational taking of spiny lobster by regulations), and any purported au- hand or by hand gear which is con- thorizations issued by other authori- sistent with these regulations and the ties after the effective date of these applicable regulations implementing regulations for any of these activities the applicable Fishery Management within the Sanctuary shall be invalid. Plan. (g) Any amendment to these regula- (ii) Taking any tropical fish. tions shall not take effect in Florida (iii) Fishing with wire fish traps, bot- State waters until approved by the tom trawls, dredges, fish sleds, or simi- Board of Trustees of the Internal Im- lar vessel-towed or anchored bottom provement Trust Fund of the State of fishing gear or nets. Florida. Any fishery regulations in the (iv) Fishing with, carrying or pos- Sanctuary shall not take effect in Flor- sessing, except while passing through ida State waters until established by without interruption or for law en- the Florida Marine Fisheries Commis- forcement purposes: pole spears, air ri- sion. fles, bows and arrows, slings, Hawaiian [62 FR 32161, June 12, 1997, as amended at 74 slings, rubber powered arbaletes, pneu- FR 38094, July 31, 2009; 75 FR 72659, Nov. 26, matic and spring-loaded guns or simi- 2010] lar devices known as spearguns. § 922.164 Additional activity regula- (2) Great White Heron and Key West tions by Sanctuary area. National Wildlife Refuge Management Areas. Operating a personal watercraft, In addition to the prohibitions set operating an airboat, or water skiing forth in § 922.163, which apply through- except within Township 66 South, out the Sanctuary, the following regu- Range 29 East, Sections 5, 11, 12 and 14; lations apply with respect to activities Township 66 South, Range 28 East, Sec- conducted within the Sanctuary areas tion 2; Township 67 South, Range 26 described in this section and in Appen- dix (II) through (VII) to this subpart. East, Sections 16 and 20, all Tallahas- Activities located within two or more see Meridian, are prohibited within the overlapping Sanctuary areas are con- marine portions of the Great White currently subject to the regulations ap- Heron and Key West National Wildlife plicable to each overlapping area. Refuge Management Areas described in (a) Areas to be avoided. Operating a appendix II to this subpart. tank vessel or a vessel greater than 50 (c) Wildlife management areas. (1) Ma- meters in registered length is prohib- rine portions of the Wildlife Manage- ited in all areas to be avoided, except if ment Areas listed in appendix III to such vessel is a public vessel and its op- this subpart or portions thereof may be eration is essential for national de- designated ‘‘idle speed only/no-wake,’’ fense, law enforcement, or responses to ‘‘no-motor’’ or ‘‘no-access buffer’’ zones emergencies that threaten life, prop- or ‘‘closed’’. The Director, in coopera- erty, or the environment. Appendix VII tion with other Federal, State, or local to this subpart sets forth the geo- resource management authorities, as graphic coordinates of these areas. appropriate, shall post signs conspicu- (b) Existing management areas—(1) Key ously, using mounting posts, buoys, or Largo and Looe Key Management Areas. other means according to location and The following activities are prohibited purpose, at appropriate intervals and within the Key Largo and Looe Key locations, clearly delineating an area Management Areas (also known as the as an ‘‘idle speed only/no wake’’, a ‘‘no- Key Largo and Looe Key National Ma- motor’’, or a ‘‘no-access buffer’’ zone or rine Sanctuaries) described in appendix as ‘‘closed’’, and allowing instant, long- II to this subpart: range recognition by boaters. Such (i) Removing, taking, damaging, signs shall display the official logo of harmfully disturbing, breaking, cut- the Sanctuary. ting, spearing or similarly injuring any (2) The following activities are pro- coral or other marine invertebrate, or hibited within the marine portions of any plant, soil, rock, or other material, the Wildlife Management Areas listed except commercial taking of spiny lob- in appendix III to this subpart:

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(i) In those marine portions of any (ii) Posting official signs delineating Wildlife Management Area designated such restrictions in accordance with an ‘‘idle speed only/no wake’’ zone in paragraph (c)(1) of this section. appendix III to this subpart, operating (d) Ecological Reserves, Sanctuary Pres- a vessel at a speed greater that idle ervation Areas, and Special Use (Research speed only/no wake. only) Areas. (1) The following activities (ii) In those marine portions of any are prohibited within the Ecological Wildlife Management Area designated Reserves described in appendix IV to a ‘‘no-motor’’ zone in appendix III to this subpart, within the Sanctuary this subpart, using internal combus- Preservation Areas described in appen- tion motors or engines for any pur- dix V to this subpart, and within the poses. A vessel with an internal com- Special Use (Research only Areas) de- bustion motor or engine may access a scribed in appendix VI to this subpart: ‘‘no-motor’’ zone only through the use (i) Discharging or depositing any ma- of a push pole, paddle, sail, electric terial or other matter except cooling motor or similar means of propulsion. water or engine exhaust. (iii) In those marine portions of any (ii) Possessing, moving, harvesting, Wildlife Management Area designated removing, taking, damaging, dis- a ‘‘no-access buffer’’ zone in appendix turbing, breaking, cutting, spearing, or III of this subpart, entering the area by otherwise injuring any coral, marine vessel. invertebrate, fish, bottom formation, (iv) In those marine portions of any algae, seagrass or other living or dead Wildlife Management Area designated organism, including shells, or attempt- as closed in appendix III of this sub- ing any of these activities. However, part, entering or using the area. fish, invertebrates, and marine plants (3) The Director shall coordinate may be possessed aboard a vessel in an with other Federal, State, or local re- Ecological Reserve or Sanctuary Pres- source management authorities, as ap- ervation Area, provided such resources propriate, in the establishment and en- can be shown not to have been har- forcement of access restrictions described in paragraph (c)(2) (i)–(iv) of vested within, removed from, or taken this section in the marine portions of within, the Ecological Reserve or Sanc- Wildlife Management Areas. tuary Preservation Area, as applicable, (4) The Director may modify the by being stowed in a cabin, locker, or number and location of access restric- similar storage area prior to entering tions described in paragraph (c)(2) (i)– and during transit through such re- (iv) of this section within the marine serves or areas, provided further that portions of a Wildlife Management in an Ecological Reserve or Sanctuary Area if the Director finds that such ac- Preservation Area located in Florida tion is reasonably necessary to mini- State waters, such vessel is in contin- mize disturbances to Sanctuary wild- uous transit through the Ecological life, or to ensure protection and preser- Reserve or Sanctuary Preservation vation of Sanctuary wildlife consistent Area. with the purposes of the Sanctuary (iii) Except for catch and release fish- designation and other applicable law ing by trolling in the Conch Reef, Alli- governing the protection and preserva- gator Reef, Sombrero Reef, and Sand tion of wildlife resources in the Sanc- Key SPAs, fishing by any means. How- tuary. The Director will effect such ever, gear capable of harvesting fish modification by: may be aboard a vessel in an Ecological (i) Publishing in the FEDERAL REG- Reserve or Sanctuary Preservation ISTER, after notice and an opportunity Area, provided such gear is not avail- for public comments in accordance, an able for immediate use when entering amendment to the list of such areas set and during transit through such Eco- forth in appendix III to this subpart, logical Reserve or Sanctuary Preserva- and a notice regarding the time and tion Area, and no presumption of fish- place where maps depicting the precise ing activity shall be drawn therefrom. locations of such restrictions will be (iv) Touching living or dead coral, in- made available for public inspection, cluding but not limited to, standing on and a living or dead coral formation.

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(v) Anchoring in the Tortugas Ecologi- (2) The Director may temporarily re- cal Reserve. In all other Ecological Re- strict access to any portion of any serves and Sanctuary Preservation Sanctuary Preservation Area or Eco- Areas, placing any anchor in a way logical Reserve if the Director, on the that allows the anchor or any portion basis of the best available data, infor- of the anchor apparatus (including the mation and studies, determines that a anchor, chain or rope) to touch living concentration of use appears to be or dead coral, or any attached living causing or contributing to significant organism. When anchoring dive boats, degradation of the living resources of the first diver down must inspect the the area and that such action is rea- anchor to ensure that it is not touch- sonably necessary to allow for recovery ing living or dead coral, and will not of the living resources of such area. shift in such a way as to touch such The Director will provide for contin- coral or other attached organism. No uous monitoring of the area during the further diving shall take place until pendency of the restriction. The Direc- the anchor is placed in accordance with tor will provide public notice of the re- these requirements. striction by publishing a notice in the (vi) Except in the Tortugas Ecologi- FEDERAL REGISTER, and by such other cal Reserve where mooring buoys must means as the Director may deem ap- be used, anchoring instead of mooring propriate. The Director may only re- when a mooring buoy is available or strict access to an area for a period of anchoring in other than a designated 60 days, with one additional 60 day re- anchoring area when such areas have newal. The Director may restrict ac- been designated and are available. cess to an area for a longer period pur- (vii) Except for passage without suant to a notice and opportunity for interruption through the area, for law public comment rulemaking under the enforcement purposes, or for purposes Administrative Procedure Act. Such of monitoring pursuant to paragraph restriction will be kept to the min- (d)(2) of this section, violating a tem- imum amount of area necessary to porary access restriction imposed by achieve the purposes thereof. the Director pursuant to paragraph (e) Special-use Areas. (1) The Director (d)(2) of this section. may set aside discrete areas of the (viii) Except for passage without Sanctuary as Special-use Areas, and, interruption through the area, for law by designation pursuant to this para- enforcement purposes, or for purposes graph, impose the access and use re- of monitoring pursuant to paragraph strictions specified in paragraph (e)(3) (d)(2) of this section: entering the of this section. Special-use Areas are Tortugas South area of the Tortugas described in appendix VI to this sub- Ecological Reserve; or entering the part, in accordance with the following Tortugas North area of the Tortugas designations and corresponding objec- Ecological Reserve without a valid ac- tives: cess permit issued pursuant to § 922.167 (i) ‘‘Recovery area’’ to provide for the or entering or leaving the Tortugas recovery of Sanctuary resources from North area with a valid access permit degradation or other injury attrib- issued pursuant to § 922.167 without no- utable to human uses; tifying FKNMS staff at the Dry (ii) ‘‘Restoration area’’ to provide for Tortugas National Park office by tele- restoration of degraded or otherwise phone or radio no less than 30 minutes injured Sanctuary resources; and no more than 6 hours, before enter- (iii) ‘‘Research-only area’’ to provide ing and upon leaving the Tortugas Eco- for scientific research or education re- logical Reserve. lating to protection and management, (ix) Tying a vessel greater than 100 through the issuance of a Sanctuary feet (30.48 meters) LOA, or tying more General permit for research pursuant than one vessel (other than vessels car- to § 922.166 of these regulations; and ried on board a vessel) if the combined (iv) ‘‘Facilitated-use area’’ to provide lengths would exceed 100 feet (30.48 me- for the prevention of use or user con- ters) LOA, to a mooring buoy or to a flicts or the facilitation of access and vessel tied to a mooring buoy in the use, or to promote public use and un- Tortugas Ecological Reserve. derstanding, of Sanctuary resources

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through the issuance of special-use per- that immediate action is reasonably mits. necessary to: (2) A Special-use Area shall be no (A) Prevent significant injury to larger than the size the Director deems Sanctuary resources where cir- reasonably necessary to accomplish the cumstances create an imminent risk to applicable objective. such resources; (3) Persons conducting activities (B) Initiate restoration activity within any Special-use Area shall com- where a delay in time would signifi- ply with the access and use restrictions cantly impair the ability of such res- specified in this paragraph and made toration activity to succeed; applicable to such area by means of its (C) Initiate research activity where designation as a ‘‘recovery area,’’ an unforeseen natural event produces ‘‘restoration area,’’ ‘‘research-only an opportunity for scientific research area,’’ or ‘‘facilitated-use area.’’ Except that may be lost if research is not ini- for passage without interruption tiated immediately. through the area or for law enforce- (ii) If the Director determines that a ment purposes, no person may enter a notice of modification must be promul- Special-use Area except to conduct or gated immediately in accordance with cause to be conducted the following ac- paragraph (e)(4)(i) of this section, the tivities: Director will, as part of the same no- (i) In such area designated as a ‘‘re- tice, invite public comment and specify covery area’’ or a ‘‘restoration area’’, that comments will be received for 15 habitat manipulation related to res- days after the effective date of the no- toration of degraded or otherwise in- tice. As soon as practicable after the jured Sanctuary resources, or activi- end of the comment period, the Direc- ties reasonably necessary to monitor tor will either rescind, modify or allow recovery of degraded or otherwise in- the modification to remain unchanged jured Sanctuary resources; through notice in the FEDERAL REG- (ii) In such area designated as a ‘‘re- ISTER. search only area’’, scientific research (5) In addition to paragraph (e)(3) of or educational use specifically author- this section no person shall conduct ac- ized by and conducted in accordance tivities listed in paragraph (d) of this with the scope, purpose, terms and con- section in ‘‘Research-only Areas.’’ ditions of a valid National Marine (f) Additional Wildlife Management Sanctuary General or Historical Re- Areas, Ecological Reserves, Sanctuary sources permit, or Preservation Areas, or Special-use (iii) In such area designated as a ‘‘fa- Areas, and additional restrictions in cilitated-use area’’, activities specified such areas, shall not take effect in by the Director or specifically author- Florida State waters unless first ap- ized by and conducted in accordance proved by the Board of Trustees of the with the scope, purpose, terms, and Internal Improvement Trust Fund of conditions of a valid Special-use per- the State of Florida. mit. (g) Anchoring on Tortugas Bank. Ves- (4)(i) The Director may modify the sels 50 meters or greater in registered number of, location of, or designations length, are prohibited from anchoring applicable to, Special-use Areas by on the portion of Tortugas Bank within publishing in the FEDERAL REGISTER, the Florida Keys National Marine after notice and an opportunity for Sanctuary west of the Dry Tortugas public comment in accordance with the National Park that is outside of the Administrative Procedure Act, an Tortugas Ecological Reserve. The amendment to appendix VI to this sub- boundary of the area closed to anchor- part, except that, with respect to such ing by vessels 50 meters or greater in areas designated as a ‘‘recovery area,’’ registered length is formed by con- ‘‘restoration area,’’ or ‘‘research only necting in succession the points at the area,’’ the Director may modify the following coordinates (based on the number of, location of, or designation North American Datum of 1983): applicable to, such areas by publishing (1) 24 deg. 32.00′ N 83 deg. 00.05′ W a notice of such action in the FEDERAL (2) 24 deg. 37.00′ N 83 deg. 06.00′ W REGISTER if the Director determines (3) 24 deg. 39.00′ N 83 deg. 06.00′ W

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(4) 24 deg. 39.00′ N 83 deg. 00.05′ W nection with a recent air or marine (5) 24 deg. 32.00′ N 83 deg. 00.05′ W casualty; (v) Assist in managing the Sanc- [62 FR 32161, June 12, 1997, as amended at 63 tuary; or FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, 2001; 74 FR 38095, July 31, 2009] (vi) Otherwise further Sanctuary purposes, including facilitating multiple § 922.165 Emergency regulations. use of the Sanctuary, to the extent compatible with the primary objective Where necessary to prevent or mini- of resource protection. mize the destruction of, loss of, or injury to a Sanctuary resource or qual- (3) The Director shall not issue a ity, or minimize the imminent risk of General permit under this paragraph such destruction, loss, or injury, any (a), unless the Director also finds that: and all activities are subject to imme- (i) The applicant is professionally diate temporary regulation, including qualified to conduct and complete the prohibition. Emergency regulations proposed activity; shall not take effect in Florida terri- (ii) The applicant has adequate finan- torial waters until approved by the cial resources available to conduct and Governor of the State of Florida. Any complete the proposed activity; temporary regulation may be in effect (iii) The duration of the proposed ac- for up to 60 days, with one 60-day ex- tivity is no longer than necessary to tension. Additional or extended action achieve its stated purpose; will require notice and comment rule- (iv) The methods and procedures pro- making under the Administrative Pro- posed by the applicant are appropriate cedure Act, notice in local newspapers, to achieve the proposed activity’s goals notice to Mariners, and press releases. in relation to the activity’s impacts on Sanctuary resources and qualities; § 922.166 Permits other than for access (v) The proposed activity will be con- to the Tortugas Ecological Re- ducted in a manner compatible with serve—application procedures and the primary objective of protection of issuance criteria. Sanctuary resources and qualities, con- (a) National Marine Sanctuary General sidering the extent to which the con- Permit. (1) A person may conduct an ac- duct of the activity may diminish or tivity prohibited by §§ 922.163 or 922.164, enhance Sanctuary resources and other than an activity involving the qualities, any indirect, secondary or survey/inventory, research/recovery, or cumulative effects of the activity, and deaccession/transfer of Sanctuary his- the duration of such effects; torical resources, if such activity is (vi) It is necessary to conduct the specifically authorized by, and pro- proposed activity within the Sanctuary vided such activity is conducted in ac- to achieve its purposes; and cordance with the scope, purpose, (vii) The reasonably expected end terms and conditions of, a National value of the activity to the furtherance Marine Sanctuary General permit of Sanctuary goals and purposes out- issued under this paragraph (a). weighs any potential adverse impacts (2) The Director, at his or her discre- on Sanctuary resources and qualities tion, may issue a General permit under from the conduct of the activity. this paragraph (a), subject to such (4) For activities proposed to be con- terms and conditions as he or she ducted within any of the areas de- deems appropriate, if the Director finds scribed in § 922.164 (b)–(e), the Director that the activity will: shall not issue a permit unless he or (i) Further research or monitoring she further finds that such activities related to Sanctuary resources and will further and are consistent with the qualities; purposes for which such area was es- (ii) Further the educational value of tablished, as described in §§ 922.162 and the Sanctuary; 922.164 and in the management plan for (iii) Further the natural or historical the Sanctuary. resource value of the Sanctuary; (b) National Marine Sanctuary Survey/ (iv) Further salvage or recovery oper- Inventory of Historical Resources Permit. ations in or near the Sanctuary in con- (1) A person may conduct an activity

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prohibited by §§ 922.163 or 922.164 involv- no significant adverse impacts on ing the survey/inventory of Sanctuary Sanctuary resources or qualities; and historical resources if such activity is (iii) That such activity will be con- specifically authorized by, and is conducted in accordance with all require- ducted in accordance with the scope, ments of the Programmatic Agreement purpose, terms and conditions of, a for the Management of Submerged Cul- Survey/Inventory of Historical Re- tural Resources in the Florida Keys sources permit issued under this para- National Marine Sanctuary among graph (b). Such permit is not required NOAA, the Advisory Council on His- if such survey/inventory activity does toric Preservation, and the State of not involve any activity prohibited by Florida (hereinafter SCR Agreement), §§ 922.163 or 922.164. Thus, survey/inven- and that such permit issuance is in ac- tory activities that are non-intrusive, cordance with such SCR Agreement. do not include any excavation, re- Copies of the SCR Agreement may also moval, or recovery of historical re- be examined at, and obtained from, the sources, and do not result in destruc- Sanctuaries and Reserves Division, Of- tion of, loss of, or injury to Sanctuary fice of Ocean and Coastal Resource resources or qualities do not require a Management, National Ocean Service, permit. However, if a survey/inventory National Oceanic and Atmospheric Ad- activity will involve test excavations ministration, 1305 East-West Highway, or removal of artifacts or materials for 12th floor, Silver Spring, MD 20910; or evaluative purposes, a Survey/Inven- from the Florida Keys National Marine tory of Historical Resources permit is Sanctuary Office, P.O. Box 500368, Mar- required. Regardless of whether a Sur- athon, FL 33050. vey/Inventory permit is required, a per- (c) National Marine Sanctuary Re- son may request such permit. Persons search/Recovery of Sanctuary Historical who have demonstrated their profes- Resources Permit. (1) A person may con- sional abilities under a Survey/Inven- duct any activity prohibited by tory permit will be given preference §§ 922.163 or 922.164 involving the re- over other persons in consideration of search/recovery of Sanctuary historical the issuance of a Research/Recovery resources if such activity is specifi- permit. While a Survey/Inventory per- cally authorized by, and is conducted mit does not grant any rights with re- in accordance with the scope, purpose, gards to areas subject to pre-existing terms and conditions of, a Research/Re- rights of access which are still valid, covery of Historical Resources permit once a permit is issued for an area, issued under this paragraph (c). other survey/inventory permits will (2) The Director, at his or her discre- not be issued for the same area during tion, may issue a Research/Recovery of the period for which the permit is Historical Resources permit, under this valid. paragraph (c), and subject to such (2) The Director, at his or her discre- terms and conditions as he or she tion, may issue a Survey/Inventory deems appropriate, if the Director finds permit under this paragraph (b), sub- that: ject to such terms and conditions as he (i) Such activity satisfies the re- or she deems appropriate, if the Direc- quirements for a permit issued under tor finds that such activity: paragraph (a)(3) of this section; (i) Satisfies the requirements for a (ii) The recovery of the resource is in permit issued under paragraph (a)(3) of the public interest as described in the this section; SCR Agreement; (ii) Either will be non-intrusive, not (iii) Recovery of the resource is part include any excavation, removal, or re- of research to preserve historic infor- covery of historical resources, and not mation for public use; and result in destruction of, loss of, or in- (iv) Recovery of the resource is nec- jury to Sanctuary resources or quali- essary or appropriate to protect the re- ties, or if intrusive, will involve no source, preserve historical informa- more than the minimum manual alter- tion, and/or further the policies and ation of the seabed and/or the removal purposes of the NMSA and the of artifacts or other material necessary FKNMSPA, and that such permit for evaluative purposes and will cause issuance is in accordance with, and

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that the activity will be conducted in (F) Overhead directly related to re- accordance with, all requirements of viewing and processing the permit ap- the SCR Agreement. plication; (d) National Marine Sanctuary Special- (ii) All costs incurred, or expected to use Permit. (1) A person may conduct be incurred, as a direct result of the any commercial or concession-type ac- conduct of the activity for which the tivity prohibited by §§ 922.163 or 922.164, Special-use permit is being issued, in- if such activity is specifically author- cluding, but not limited to: ized by, and is conducted in accordance (A) The cost of monitoring the con- with the scope, purpose, terms and conduct both during the activity and after ditions of, a Special-use permit issued the activity is completed in order to under this paragraph (d). A Special-use assess the impacts to Sanctuary re- permit is required for the deaccession/ sources and qualities; transfer of Sanctuary historical re- (B) The use of an official NOAA ob- sources. server, including travel and expenses (2) The Director, at his or her discre- and personnel hours; and tion, may issue a Special-use permit in (C) Overhead costs directly related to accordance with this paragraph (d), and the permitted activity; and subject to such terms and conditions as (iii) An amount which represents the he or she deems appropriate and the fair market value of the use of the mandatory terms and conditions of sec- Sanctuary resource and a reasonable tion 310 of the NMSA, if the Director return to the United States Govern- finds that issuance of such permit is ment. reasonably necessary to: establish con- (4) Nothing in this paragraph (d) ditions of access to and use of any shall be considered to require a person Sanctuary resource; or promote public to obtain a permit under this para- use and understanding of any Sanc- graph for the conduct of any fishing ac- tuary resources. No permit may be tivities within the Sanctuary. issued unless the activity is compatible (e) Applications. (1) Applications for with the purposes for which the Sanc- permits should be addressed to the Di- tuary was designated and can be con- rector, Office of Ocean and Coastal Re- ducted in a manner that does not de- source Management; ATTN: Sanctuary stroy, cause the loss of, or injure any Superintendent, Florida Keys National Sanctuary resource, and if for the Marine Sanctuary, P.O. Box 500368, deaccession/transfer of Sanctuary His- Marathon, FL 33050. All applications torical Resources, unless such permit must include: issuance is in accordance with, and that the activity will be conducted in (i) A detailed description of the pro- accordance with, all requirements of posed activity including a timetable the SCR Agreement. for completion of the activity and the (3) The Director may assess and col- equipment, personnel and methodology lect fees for the conduct of any activity to be employed; authorized by a Special-use permit (ii) The qualifications and experience issued pursuant to this paragraph (d). of all personnel; No Special-use permit shall be effective (iii) The financial resources available until all assessed fees are paid, unless to the applicant to conduct and com- otherwise provided by the Director by plete the proposed activity; a fee schedule set forth as a permit (iv) A statement as to why it is nec- condition. In assessing a fee, the Direc- essary to conduct the activity within tor shall include: the Sanctuary; (i) All costs incurred, or expected to (v) The potential impacts of the ac- be incurred, in reviewing and proc- tivity, if any, on Sanctuary resources essing the permit application, includ- and qualities; ing, but not limited to, costs for: (vi) The benefit to be derived from (A) Number of personnel; the activity; and (B) Personnel hours; (vii) Such other information as the (C) Equipment; Director may request depending on the (D) Biological assessments; type of activity. Copies of all other re- (E) Copying; and quired licenses, permits, approvals, or

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other authorizations must be attached forcement reasons are set forth in Sub- to the application. part D of 15 CFR part 904. (2) Upon receipt of an application, (h) The applicant for or holder of a the Director may request such addi- National Marine Sanctuary permit tional information from the applicant may appeal the denial, conditioning, as he or she deems reasonably nec- amendment, suspension or revocation essary to act on the application and of the permit in accordance with the may seek the views of any persons. The procedures set forth in § 922.50. Director may require a site visit as (i) A permit issued pursuant to this part of the permit evaluation. Unless section other than a Special-use permit otherwise specified, the information re- is nontransferable. Special-use permits quested must be received by the Direc- may be transferred, sold, or assigned tor within 30 days of the postmark date with the written approval of the Direc- of the request. Failure to provide such tor. The permittee shall provide the Di- additional information on a timely rector with written notice of any pro- basis may be deemed by the Director to posed transfer, sale, or assignment no constitute abandonment or withdrawal less than 30 days prior to its proposed of the permit application. consummation. Transfers, sales, or as- (f) A permit may be issued for a pe- signments consummated in violation of riod not exceeding five years. All per- this requirement shall be considered a mits will be reviewed annually to de- material breach of the Special-use per- termine the permittee’s compliance mit, and the permit shall be considered with permit scope, purpose, terms and void as of the consummation of any conditions and progress toward reach- such transfer, sale, or assignment. ing the stated goals and appropriate (j) The permit or a copy thereof shall action taken under paragraph (g) of be maintained in legible condition on this section if warranted. A permittee board all vessels or aircraft used in the may request permit renewal pursuant conduct of the permitted activity and to the same procedures for applying for be displayed for inspection upon the re- a new permit. Upon the permittee’s request of any authorized officer. quest for renewal, the Director shall (k) Any permit issued pursuant to review all reports submitted by the this section shall be subject to the fol- permittee as required by the permit lowing terms and conditions: conditions. In order to renew the per- (1) All permitted activities shall be mit, the Director must find that the: conducted in a manner that does not (1) Activity will continue to further destroy, cause the loss of, or injure the purposes for which the Sanctuary Sanctuary resources or qualities, ex- was designated in accordance with the cept to the extent that such may be criteria applicable to the initial specifically authorized. issuance of the permit; (2) The permittee agrees to hold the (2) Permittee has at no time violated United States harmless against any the permit, or these regulations; and claims arising out of the conduct of the (3) The activity has not resulted in permitted activities. any unforeseen adverse impacts to (3) All necessary Federal, State, and Sanctuary resources or qualities. local permits from all agencies with ju- (g) The Director may amend, sus- risdiction over the proposed activities pend, or revoke a permit for good shall be secured before commencing cause. The Director may deny a permit field operations. application, in whole or in part, if it is (l) In addition to the terms and con- determined that the permittee or ap- ditions listed in paragraph (k) of this plicant has acted in violation of a pre- section, any permit authorizing the re- vious permit, of these regulations, of search/recovery of historical resources the NMSA or FKNMSPA, or for other shall be subject to the following terms good cause. Any such action shall be and conditions: communicated in writing to the per- (1) A professional archaeologist shall mittee or applicant by certified mail be in charge of planning, field recovery and shall set forth the reason(s) for the operations, and research analysis. action taken. Procedures governing (2) An agreement with a conservation permit sanctions and denials for en- laboratory shall be in place before field

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recovery operations are begun, and an tivities during the year and/or term of approved nautical conservator shall be the permit. in charge of planning, conducting, and (5) The permittee shall purchase and supervising the conservation of any ar- maintain general liability insurance or tifacts and other materials recovered. other acceptable security against po- (3) A curation agreement with a mu- tential claims for destruction, loss of, seum or facility for curation, public ac- or injury to Sanctuary resources aris- cess and periodic public display, and ing out of the permitted activities. The maintenance of the recovered histor- amount of insurance or security should ical resources shall be in place before be commensurate with an estimated commencing field operations (such value of the Sanctuary resources in the agreement for the curation and display permitted area. A copy of the insur- of recovered historical resources may ance policy or security instrument provide for the release of public arti- shall be submitted to the Director. facts for deaccession/transfer if such deaccession/transfer is consistent with § 922.167 Permits for access to the Tortugas Ecological Reserve. preservation, research, education, or other purposes of the designation and (a) A person may enter the Tortugas management of the Sanctuary. North area of the Tortugas Ecological Deaccession/transfer of historical re- Reserve other than for passage without sources requires a Special-use permit interruption through the reserve, for issued pursuant to paragraph (d) and law enforcement purposes, or for pur- such deaccession/transfer shall be exe- poses of monitoring pursuant to para- cuted in accordance with the require- graph (d)(2) of § 922.164 , if authorized ments of the SCR Agreement). by a valid access permit issued pursu- (4) The site’s archaeological informa- ant to § 922.167. tion is fully documented, including (b)(1) Access permits must be re- measured drawings, site maps drawn to quested at least 72 hours but no longer professional standards, and photo- than one month before the date the graphic records. permit is desired to be effective. Access (m) In addition to the terms and con- permits do not require written applica- ditions listed in paragraph (k) and (l) of tions or the payment of any fee. Per- this section, any permit issued pursu- mits may be requested via telephone or ant to this section is subject to such radio by contacting FKNMS at any of other terms and conditions, including the following numbers: conditions governing access to, or use Key West office: telephone: (305) 292–0311 of, Sanctuary resources, as the Direc- Marathon office: telephone: (305) 743–2437 tor deems reasonably necessary or ap- (2) The following information must propriate and in furtherance of the pur- be provided, as applicable: poses for which the Sanctuary is des- (i) Vessel name. ignated. Such terms and conditions (ii) Name, address, and telephone may include, but are not limited to: number of owner and operator. (1) Any data or information obtained (iii) Name, address, and telephone under the permit shall be made avail- number of applicant. able to the public. (iv) USCG documentation, state li- (2) A NOAA official shall be allowed cense, or registration number. to observe any activity conducted (v) Home port. under the permit. (vi) Length of vessel and propulsion (3) The permittee shall submit one or type (i.e., motor or sail). more reports on the status, progress, or (vii) Number of divers. results of any activity authorized by (viii) Requested effective date and the permit. duration of permit (2 weeks, max- (4) The permittee shall submit an an- imum). nual report to the Director not later (c) The Sanctuary Superintendent than December 31 of each year on ac- will issue a permit to the owner or to tivities conducted pursuant to the per- the owner’s representative for the ves- mit. The report shall describe all ac- sel when all applicable information has tivities conducted under the permit been provided. The Sanctuary Super- and all revenues derived from such ac- intendent will provide a permit number

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to the applicant and confirm the effec- Buttonwood Sound, Tarpon Basin, and tive date and duration period of the Blackwater Sound; permit. Written confirmation of permit (e) After Division Point, then departs from issuance will be provided upon request. the boundary of Everglades National Park and follows the western shoreline of Manatee [66 FR 4370, Jan. 17, 2001] Bay, Barnes Sound, and Card Sound; (f) then follows the southern boundary of § 922.168 [Reserved] Biscayne National Park to the southeastern- most point of Biscayne National Park; and APPENDIX I TO SUBPART P OF PART 922— (g) then follows the eastern boundary of FLORIDA KEYS NATIONAL MARINE Biscayne National Park to the beginning SANCTUARY BOUNDARY COORDINATES point specified in paragraph (a). (2) The shoreward boundary of the Florida (APPENDIX BASED ON NORTH AMERICAN DATUM Keys National Marine Sanctuary is the mean OF 1983) high-water mark except around the Dry Tortugas where the boundary is coterminous (1) The boundary of the Florida Keys Na- with that of the Dry Tortugas National tional Marine Sanctuary— Park, formed by connecting in succession (a) Begins at the northeasternmost point the points at the following coordinates: of Biscayne National Park located at ap- (a) 24 degrees 34 minutes 0 seconds north proximately 25 degrees 39 minutes north lati- latitude, 82 degrees 54 minutes 0 seconds tude, 80 degrees 05 minutes west longitude, west longitude; then runs eastward to the point at 25 degrees (b) 24 degrees 34 minutes 0 seconds north 39 minutes north latitude, 80 degrees 04 min- latitude, 82 degrees 58 minutes 0 second west utes west longitude; and longitude; (b) Then runs southward and connects in (c) 24 degrees 39 minutes 0 seconds north succession the points at the following coordi- latitude, 82 degrees 58 minutes 0 seconds nates: west longitude; (i) 25 degrees 34 minutes north latitude, 80 (d) 24 degrees 43 minutes 0 seconds north degrees 04 minutes west longitude, latitude, 82 degrees 54 minutes 0 seconds (ii) 25 degrees 28 minutes north latitude, 80 west longitude; degrees 05 minutes west longitude, and (e) 24 degrees 43 minutes 32 seconds north (iii) 25 degrees 21 minutes north latitude, latitude, 82 degrees 52 minutes 0 seconds 80 degrees 07 minutes west longitude; west longitude; (iv) 25 degrees 16 minutes north latitude, 80 (f) 24 degrees 43 minutes 32 seconds north degrees 08 minutes west longitude; latitude, 82 degrees 48 minutes 0 seconds (c) Then runs southwesterly approximating west longitude; the 300-foot isobath and connects in succes- (g) 24 degrees 42 minutes 0 seconds north sion the points at the following coordinates: latitude, 82 degrees 46 minutes, 0 seconds (i) 25 degrees 07 minutes north latitude, 80 west longitude; degrees 13 minutes west longitude, (h) 24 degrees 40 minutes 0 seconds north (ii) 24 degrees 57 minutes north latitude, 80 latitude, 82 degrees 46 minutes 0 seconds degrees 21 minutes west longitude, west longitude; (iii) 24 degrees 39 minutes north latitude, (i) 24 degrees 37 minutes 0 seconds north 80 degrees 52 minutes west longitude, latitude, 82 degrees 48 minutes 0 seconds (iv) 24 degrees 30 minutes north latitude, 81 west longitude; and degrees 23 minutes west longitude, (j) 24 degrees 34 minutes 0 seconds north (v) 24 degrees 25 minutes north latitude, 81 latitude, 82 degrees 54 minutes 0 seconds degrees 50 minutes west longitude, west longitude. (vi) 24 degrees 22 minutes north latitude, 82 (3) The Florida Keys National Marine degrees 48 minutes west longitude, Sanctuary also includes the area located (vii) 24 degrees 37 minutes north latitude, within the boundary formed by connecting in 83 degrees 06 minutes west longitude, succession the points at the following coordi- (viii) 24 degrees 46 minutes north latitude, nates: 83 degrees 06 minutes west longitude, (a) 24 degrees 33 minutes north latitude, 83 (ix) 24 degrees 46 minutes north latitude, 82 degrees 09 minutes west longitude, degrees 54 minutes west longitude, (b) 24 degrees 33 minutes north latitude, 83 (x) 24 degrees 44 minutes north latitude, 81 degrees 05 minutes west longitude, and degrees 55 minutes west longitude, (c) 24 degrees 18 minutes north latitude, 83 (xi) 24 degrees 51 minutes north latitude, 81 degrees 05 minutes west longitude; degrees 26 minutes west longitude, and (d) 24 degrees 18 minutes north latitude, 83 (xii) 24 degrees 55 minutes north latitude, degrees 09 minutes west longitude; and 80 degrees 56 minutes west longitude; (e) 24 degrees 33 minutes north latitude, 83 (d) Then follows the boundary of Ever- degrees 09 minutes west longitude. glades National Park in a southerly then northeasterly direction through Florida Bay, [66 FR 4370, Jan. 17, 2001]

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APPENDIX II TO SUBPART P OF PART GREAT WHITE HERON NATIONAL WILDLIFE 922—EXISTING MANAGEMENT AREAS REFUGE—Continued BOUNDARY COORDINATES [Based on the North American Datum of 1983]

(1) The boundary of each of the Existing Point Latitude Longitude Management Areas is formed by connecting in succession the points at the following co- 17 ...... 24 deg.43.2′ N 81 deg.22.2′ W. ′ ′ ordinates: 18 ...... 24 deg.43.2 N 81 deg.22.8 W. 19 ...... 24 deg.43.8′ N 81 deg.22.8′ W. ′ ′ NATIONAL OCEANIC AND ATMOSPHERIC 20 ...... 24 deg.43.8 N 81 deg.24.0 W. 21 ...... 24 deg.43.2′ N 81 deg.24.0′ W. ADMINISTRATION 22 ...... 24 deg.43.2′ N 81 deg.26.4′ W. 23 ...... 24 deg.43.8′ N 81 deg.26.4′ W. KEY LARGO-MANAGEMENT AREA 24 ...... 24 deg.43.8′ N 81 deg.27.0′ W. [Based on differential Global Positioning Systems data] 25 ...... 24 deg.43.2′ N 81 deg.27.0′ W. 26 ...... 24 deg.43.2′ N 81 deg.29.4′ W. Point Latitude Longitude 27 ...... 24 deg.42.6′ N 81 deg.29.4′ W. 28 ...... 24 deg.42.6′ N 81 deg.30.6′ W. 1 ...... 25 deg.19′45″ N 80 deg.12′00″ W. 29 ...... 24 deg.41.4′ N 81 deg.30.6′ W. 2 ...... 25 deg.16′02″ N 80 deg.08′07″ W. 30 ...... 24 deg.41.4′ N 81 deg.31.2′ W. 3 ...... 25 deg.07′05″ N 80 deg.12′05″ W. 31 ...... 24 deg.40.8′ N 81 deg.31.2′ W. 4 ...... 24 deg.58′03″ N 80 deg.19′08″ W. 32 ...... 24 deg.40.8′ N 81 deg.32.4′ W. 5 ...... 25 deg.02′02″ N 80 deg.25′25″ W. 33 ...... 24 deg.41.4′ N 81 deg.32.4′ W. 6 ...... 25 deg.19′45″ N 80 deg.12′00″ W. 34 ...... 24 deg.41.4′ N 81 deg.34.2′ W. 35 ...... 24 deg.40.8′ N 81 deg.34.2′ W. 36 ...... 24 deg.48.0′ N 81 deg.35.4′ W. LOOE KEY MANAGEMENT AREA 37 ...... 24 deg.39.6′ N 81 deg.35.4′ W. [Based on differential Global Positioning Systems data] 38 ...... 24 deg.39.6′ N 81 deg.36.0′ W. 39 ...... 24 deg.39.0′ N 81 deg.36.0′ W. Point Latitude Longitude 40 ...... 24 deg.39.0′ N 81 deg.37.2′ W. 41 ...... 24 deg.37.8′ N 81 deg.37.2′ W. 1 ...... 24 deg.31′62″ N 81 deg.26′00″ W. 42 ...... 24 deg.37.8′ N 81 deg.37.8′ W. ′ ″ ′ ″ 2 ...... 24 deg.33 57 N 81 deg.26 00 W. 43 ...... 24 deg.37.2′ N 81 deg.37.8′ W. ′ ″ ′ ″ 3 ...... 24 deg.34 15 N 81 deg.23 00 W. 44 ...... 24 deg.37.2′ N 81 deg.40.2′ W. ′ ″ ′ ″ 4 ...... 24 deg.32 20 N 81 deg.23 00 W. 45 ...... 24 deg.36.0′ N 81 deg.40.2′ W. ′ ″ ′ ″ 5 ...... 24 deg.31 62 N 81 deg.26 00 W. 46 ...... 24 deg.36.0′ N 81 deg.40.8′ W. 47 ...... 24 deg.35.4′ N 81 deg.40.8′ W. UNITED STATES FISH AND WILDLIFE SERVICE 48 ...... 24 deg.35.4′ N 81 deg.42.0′ W. 49 ...... 24 deg.36.0′ N 81 deg.42.0′ W. 50 ...... 24 deg.36.0′ N 81 deg.48.6′ W. GREAT WHITE HERON NATIONAL WILDLIFE 51 ...... 24 deg.43.8′ N 81 deg.48.6′ W. REFUGE [Based on the North American Datum of 1983] KEY WEST NATIONAL WILDLIFE REFUGE Point Latitude Longitude [Based on the North American Datum of 1983] ′ ′ 1 ...... 24 deg.43.8 N 81 deg.48.6 W. Point Latitude Longitude 2 ...... 24 deg.43.8′ N 81 deg.37.2′ W. 3 ...... 24 deg.49.2′ N 81 deg.37.2′ W. 1 ...... 24 deg.40.0′ N 81 deg.49.0′ W. ′ ′ 4 ...... 24 deg.49.2 N 81 deg.19.8 W. 2 ...... 24 deg.40.0′ N 82 deg.10.0′ W. ′ ′ 5 ...... 24 deg.48.0 N 81 deg.19.8 W. 3 ...... 24 deg.27.0′ N 82 deg.10.0′ W. ′ ′ 6 ...... 24 deg.48.0 N 81 deg.14.4 W. 4 ...... 24 deg.27.0′ N 81 deg.49.0′ W. ′ ′ 7 ...... 24 deg.49.2 N 81 deg.14.4 W. 5 ...... 24 deg.40.0′ N 81 deg.49.0′ W. 8 ...... 24 deg.49.2′ N 81 deg.08.4′ W. 9 ...... 24 deg.43.8′ N 81 deg.08.4′ W. 10 ...... 24 deg.43.8′ N 81 deg.14.4′ W. (2) When differential Global Positioning 11 ...... 24 deg.43.2′ N 81 deg.14.4′ W. Systems data becomes available, these co- 12 ...... 24 deg.43.2′ N 81 deg.16.2′ W. ordinates may be publication in the FEDERAL 13 ...... 24 deg.42.6′ N 81 deg.16.2′ W. REGISTER to reflect the increased accuracy 14 ...... 24 deg.42.6′ N 81 deg.21.0′ W. of such data. 15 ...... 24 deg.41.4′ N 81 deg.21.0′ W. 16 ...... 24 deg.41.4′ N 81 deg.22.2′ W. [66 FR 4371, Jan. 17, 2001]

APPENDIX III TO SUBPART P OF PART 922—WILDLIFE MANAGEMENT AREAS ACCESS RESTRICTIONS

Area Access restrictions

Bay Keys ...... No-motor zone (300 feet) around one key; idle speed only/no-wake zones in tidal creeks. Boca Grande Key ...... South one-half of beach closed (beach above mean high water closed by Department of the Interior). Woman Key ...... One-half of beach and sand spit on southeast side closed (beach and sand spit above mean high water closed by Department of the Interior).

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Area Access restrictions

Cayo Agua Keys ...... Idle speed only/no-wake zones in all navigable tidal creeks. Cotton Key ...... No-motor zone on tidal flat. Snake Creek ...... No-motor zone on tidal flat. Cottrell Key ...... No-motor zone (300 feet) around entire key. Little Mullet Key ...... No-access buffer zone (300 feet) around entire key. Big Mullet Key ...... No-motor zone (300 feet) around entire key. Crocodile Lake ...... No-access buffer zone (100 feet) along shoreline between March 1 and October 1. East Harbor Key ...... No-access buffer zone (300 feet) around northernmost island. Lower Harbor Keys ...... Idle speed only/no-wake zones in selected tidal creeks. Eastern Lake Surprise ...... Idle speed only/no-wake zone east of highway U.S. 1. Horseshoe Key ...... No-access buffer zone (300 feet) around main island (main island closed by Department of the Interior). Marquesas Keys ...... (i) No-motor zones (300 feet) around three smallest keys on western side of chain; (ii) no-access buffer zone (300 feet) around one island at western side of chain; (iii) idle speed only/no-wake zone in southwest tidal creek. Tidal flat south of Marvin Key ...... No-access buffer zone on tidal flat. Mud Keys ...... (i) Idle speed only/no-wake zones in the two main tidal creeks; (ii) two smaller creeks on west side closed. Pelican Shoal ...... No-access buffer zone out to 50 meters from shore between April 1 and August 31 (shoal closed by the Florida Game and Freshwater Fish Commission). Rodriguez Key ...... No-motor zone on tidal flats. Dove Key ...... No-motor zone on tidal flats; area around the two small islands closed. Tavernier Key ...... No-motor zone on tidal flats. Sawyer Keys ...... Tidal creeks on south side closed. Snipe Keys ...... (i) Idle speed only/no-wake zone in main tidal creek; (ii) no-motor zone in all other tidal creeks. Upper Harbor Key ...... No-access buffer zone (300 feet) around entire key. East Content Keys ...... Idle speed only/no-wake zones in tidal creeks between southwesternmost keys. West Content Keys ...... Idle speed only/no-wake zones in selected tidal creeks; no-access buffer zone in one cove. Little Crane Key ...... No-access buffer zone (300 feet) around entire key.

APPENDIX IV TO SUBPART P OF PART TORTUGAS NORTH—Continued 922—ECOLOGICAL RESERVES BOUNDARY Point Latitude Longitude Coordinates 6 ...... 24 deg.43.00′ N ...... 82 deg.54.00′ W. (1) The boundary of the Western Sambo Ec- 7 ...... 24 deg.39.00′ N ...... 82 deg.58.00′ W. ological Reserve is formed by connecting in 8 ...... 24 deg.39.00′ N ...... 83 deg.06.00′ W. succession the points at the following coordi- 9 ...... 24 deg.46.00′ N ...... 83 deg.06.00′ W. nates: (4) The boundary of Tortugas South is WESTERN SAMBO formed by connecting in succession the [Based on differential Global Positioning Systems data] points at the following coordinates:

Point Latitude Longitude TORTUGAS SOUTH 1 ...... 24 deg.33.70′ N ...... 81 deg.40.80′ W. 2 ...... 24 deg.28.85′ N ...... 81 deg.41.90′ W. Point Latitude Longitude 3 ...... 24 deg.28.50′ N ...... 81 deg.43.70′ W. 4 ...... 24 deg.33.50′ N ...... 81 deg.43.10′ W. 1 ...... 24 deg.33.00′ N ...... 83 deg.09.00′ W. 5 ...... 24 deg.33.70′ N ...... 81 deg.40.80′ W. 2 ...... 24 deg.33.00′ N ...... 83 deg.05.00′ W. 3 ...... 24 deg.18.00′ N ...... 83 deg.05.00′ W. (2) The Tortugas Ecological Reserve con- 4 ...... 24 deg.18.00′ N ...... 83 deg.09.00′ W. sists of two discrete areas, Tortugas North 5 ...... 24 deg.33.00′ N ...... 83 deg.09.00′ W. and Tortugas South. (3) The boundary of Tortugas North is [66 FR 4372, Jan. 17, 2001] formed by connecting in succession the points at the following coordinates: APPENDIX V TO SUBPART P OF PART TORTUGAS NORTH 922—SANCTUARY PRESERVATION AREAS BOUNDARY COORDINATES Point Latitude Longitude The boundary of each of the Sanctuary ′ ′ 1 ...... 24 deg.46.00 N ...... 83 deg.06.00 W. Preservation Areas (SPAs) is formed by con- 2 ...... 24 deg.46.00′ N ...... 82 deg.54.00′ W. 3 ...... 24 deg.45.80′ N ...... 82 deg.48.00′ W. necting in succession the points at the fol- 4 ...... 24 deg.43.53′ N ...... 82 deg.48.00′ W. lowing coordinates: 5 ...... 24 deg.43.53′ N ...... 82 deg.52.00′ W.

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ALLIGATOR REEF DAVIS REEF—Continued [Based on differential Global Positioning Systems data] [Based on differential Global Positioning Systems data]

Point Latitute Longitude Point Latitude Longitude

1 ...... 24 deg.50.98′ N 80 deg.36.84′ W. 5 ...... 24 deg.55.61′ N 80 deg.30.27′ W. 2 ...... 24 deg.50.51′ N 80 deg.37.35′ W. 3 ...... 24 deg.50.81′ N 80 deg.37.63′ W. 4 ...... 24 deg.51.23′ N 80 deg.37.17′ W. DRY ROCKS 5 ...... 24 deg.50.98′ N 80 deg.36.84′ W. [Based on differential Global Positioning Systems data]

Catch and release fishing by trolling only Point Latitude Longitude is allowed in this SPA. 1 ...... 25 deg.07.59′ N 80 deg.17.91′ W. 2 ...... 25 deg.07.41′ N 80 deg.17.70′ W. CARYSFORT/SOUTH CARYSFORT REEF 3 ...... 25 deg.07.25′ N 80 deg.17.82′ W. [Based on differential Global Positioning Systems data] 4 ...... 25 deg.07.41′ N 80 deg.18.09′ W. 5 ...... 25 deg.07.59′ N 80 deg.17.91′ W. Point Latitude Longitude

1 ...... 25 deg.13.78′ N 80 deg.12.00′ W. GRECIAN ROCKS ′ ′ 2 ...... 25 deg.12.03 N 80 deg.12.98 W. [Based on differential Global Positioning Systems data] 3 ...... 25 deg.12.24′ N 80 deg.13.77′ W. ′ ′ 4 ...... 25 deg.14.13 N 80 deg.12.78 W. Point Latitude Longitude 5 ...... 25 deg.13.78′ N 80 deg.12.00′ W. 1 ...... 25 deg.06.91′ N 80 deg.18.20′ W. 2 ...... 25 deg.06.67′ N 80 deg.18.06′ W. CHEECA ROCKS 3 ...... 25 deg.06.39′ N 80 deg.18.32′ W. [Based on differential Global Positioning Systems data] 4 ...... 25 deg.06.42′ N 80 deg.18.48′ W. 5 ...... 25 deg.06.81′ N 80 deg.18.44′ W. Point Latitude Longitude 6 ...... 25 deg.06.91′ N 80 deg.18.20′ W.

1 ...... 24 deg.54.42′ N 80 deg.36.91′ W. 2 ...... 24 deg.54.25′ N 80 deg.36.77′ W. EASTERN DRY ROCKS 3 ...... 24 deg.54.10′ N 80 deg.37.00′ W. [Based on differential Global Positioning Systems data] 4 ...... 24 deg.54.22′ N 80 deg.37.15′ W. 5 ...... 24 deg.54.42′ N 80 deg.36.91′ W. Point Latitude Longitude

1 ...... 24 deg.27.92′ N 81 deg.50.55′ W. COFFINS PATCH 2 ...... 24 deg.27.73′ N 81 deg.50.33′ W. [Based on differential Global Positioning Systems data] 3 ...... 24 deg.27.47′ N 81 deg.50.80′ W. 4 ...... 24 deg.27.72′ N 81 deg.50.86′ W. Point Latitude Longitude 5 ...... 24 deg.27.92′ N 81 deg.50.55′ W.

1 ...... 24 deg.41.47′ N 80 deg.57.68′ W. 2 ...... 24 deg.41.12′ N 80 deg.57.53′ W. THE ELBOW 3 ...... 24 deg.40.75′ N 80 deg.58.33′ W. [Based on differential Global Positioning Systems data] 4 ...... 24 deg.41.06′ N 80 deg.58.48′ W. 5 ...... 24 deg.41.47′ N 80 deg.57.68′ W. Point Latitude Longitude

1 ...... 25 deg.08.97′ N 80 deg.15.63′ W. CONCH REEF 2 ...... 25 deg.08.95′ N 80 deg.15.22′ W. [Based on differential Global Positioning Systems data] 3 ...... 25 deg.08.18′ N 80 deg.15.64′ W. 4 ...... 25 deg.08.50′ N 80 deg.16.07′ W. ′ ′ Point Latitude Longitude 5 ...... 25 deg.08.97 N 80 deg.15.63 W.

1 ...... 24 deg.57.48′ N 80 deg.27.47′ W. 2 ...... 24 deg.57.34′ N 80 deg.27.26′ W. FRENCH REEF 3 ...... 24 deg.56.78′ N 80 deg.27.52′ W. [Based on differential Global Positioning Systems data] 4 ...... 24 deg.56.96′ N 80 deg.27.73′ W. 5 ...... 24 deg.57.48′ N 80 deg.27.47′ W. Point Latitude Longitude ′ ′ Catch and release fishing by trolling only 1 ...... 25 deg.02.20 N 80 deg.20.63 W. 2 ...... 25 deg.01.81′ N 80 deg.21.02′ W. is allowed in this SPA. 3 ...... 25 deg.02.36′ N 80 deg.21.27′ W. 4 ...... 25 deg.02.20′ N 80 deg.20.63′ W. DAVIS REEF [Based on differential Global Positioning Systems data] HEN AND CHICKENS Point Latitude Longitude [Based on differential Global Positioning Systems data]

1 ...... 24 deg.55.61′ N 80 deg.30.27′ W. Point Latitude Longitude 2 ...... 24 deg.55.41′ N 80 deg.30.05′ W. 3 ...... 24 deg.55.11′ N 80 deg.30.35′ W. 1 ...... 24 deg.56.38′ N 80 deg.32.86′ W. 4 ...... 24 deg.55.34′ N 80 deg.30.52′ W. 2 ...... 24 deg.56.21′ N 80 deg.32.63′ W.

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HEN AND CHICKENS—Continued SOMBRERO KEY [Based on differential Global Positioning Systems data] [Based on differential Global Positioning Systems data]

Point Latitude Longitude Point Latitude Longitude

3 ...... 24 deg.55.86′ N 80 deg.32.95′ W. 1 ...... 24 deg.37.91′ N 81 deg.06.78′ W. 4 ...... 24 deg.56.04′ N 80 deg.33.19′ W. 2 ...... 24 deg.37.50′ N 81 deg.06.19′ W. 5 ...... 24 deg.56.38′ N 80 deg.32.86′ W. 3 ...... 24 deg.37.25′ N 81 deg.06.89′ W. 4 ...... 24 deg.37.91′ N 81 deg.06.78′ W.

LOOE KEY Catch and release fishing by trolling only [Based on differential Global Positioning Systems data] is allowed in this SPA.

Point Latitude Longitude [66 FR 4373, Jan. 17, 2001]

1 ...... 24 deg.33.24′ N 81 deg.24.03′ W. APPENDIX VI TO SUBPART P OF PART 2 ...... 24 deg.32.70′ N 81 deg.23.85′ W. 922—SPECIAL-USE AREAS BOUNDARY ′ ′ 3 ...... 24 deg.32.52 N 81 deg.24.70 W. COORDINATES AND USE DESIGNA- 4 ...... 24 deg.33.12′ N 81 deg.24.81′ W. TIONS 5 ...... 24 deg.33.24′ N 81 deg.24.03′ W. The boundary of each of the Special-Use is MOLASSES REEF formed by connecting in succession the points at the following coordinates: [Based on differential Global Positioning Systems data]

Point Latitude Longitude CONCH REEF (Research Only)—[Based on differential Global Positioning 1 ...... 25 deg.01.00′ N 80 deg.22.53′ W. Systems data] 2 ...... 25 deg.01.06′ N 80 deg.21.84′ W. 3 ...... 25 deg.00.29′ N 80 deg.22.70′ W. Point Latitude Longitude 4 ...... 25 deg.00.72′ N 80 deg.22.83′ W. 1 ...... 24 deg.56.83′ N 80 deg.27.26′ W. 5 ...... 25 deg.01.00′ N 80 deg.22.53′ W. 2 ...... 24 deg.57.10′ N 80 deg.26.93′ W. 3 ...... 24 deg.56.99′ N 80 deg.27.42′ W. ′ ′ NEWFOUND HARBOR KEY 4 ...... 24 deg.57.34 N 80 deg.27.26 W. 5 ...... 24 deg.56.83′ N 80 deg.27.26′ W. [Based on differential Global Positioning Systems data]

Point Latitude Longitude EASTERN SAMBO (Research Only)—[Based on differential Global Positioning 1 ...... 24 deg.37.10′ N 81 deg.23.34′ W. Systems data] 2 ...... 24 deg.36.85′ N 81 deg.23.28′ W. 3 ...... 24 deg.36.74′ N 81 deg.23.80′ W. Point Latitude Longitude 4 ...... 24 deg.37.00′ N 81 deg.23.86′ W. 5 ...... 24 deg.37.10′ N 81 deg.23.34′ W. 1 ...... 24 deg.29.84′ N 81 deg.39.59′ W. 2 ...... 24 deg.29.55′ N 81 deg.39.35′ W. 3 ...... 24 deg.29.37′ N 81 deg.39.96′ W. ROCK KEY 4 ...... 24 deg.29.77′ N 81 deg.40.03′ W. ′ ′ [Based on differential Global Positioning Systems data] 5 ...... 24 deg.29.84 N 81 deg.39.59 W.

Point Latitude Longitude LOOE KEY 1 ...... 24 deg.27.48′ N 81 deg.51.35′ W. (Research Only)—[Based on differential Global Positioning Systems data] 2 ...... 24 deg.27.30′ N 81 deg.51.15′ W. 3 ...... 24 deg.27.21′ N 81 deg.51.60′ W. Point Latitude Longitude 4 ...... 24 deg.27.45′ N 81 deg.51.65′ W. 5 ...... 24 deg.27.48′ N 81 deg.51.35′ W. 1 ...... 24 deg.34.17′ N 81 deg.23.01′ W. 2 ...... 24 deg.33.98′ N 81 deg.22.96′ W. 3 ...... 24 deg.33.84′ N 81 deg.23.60′ W. SAND KEY 4 ...... 24 deg.34.23′ N 81 deg.23.68′ W. [Based on differential Global Positioning Systems data] 5 ...... 24 deg.34.17′ N 81 deg.23.01′ W.

Point Latitude Longitude TENNESSEE REEF 1 ...... 24 deg.27.58′ N 81 deg.52.29′ W. (Research Only)—[Based on differential Global Positioning 2 ...... 24 deg.27.01′ N 81 deg.52.32′ W. Systems data] 3 ...... 24 deg.27.02′ N 81 deg.52.95′ W. 4 ...... 24 deg.27.61′ N 81 deg.52.94′ W. Point Latitude Longitude 5 ...... 24 deg.27.58′ N 81 deg.52.29′ W. 1 ...... 24 deg.44.77′ N 80 deg.47.12′ W. 2 ...... 24 deg.44.57′ N 80 deg.46.98′ W. Catch and release fishing by trolling only 3 ...... 24 deg.44.68′ N 80 deg.46.59′ W. is allowed in this SPA. 4 ...... 24 deg.44.95′ N 80 deg.46.74′ W.

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TENNESSEE REEF—Continued AREA SURROUNDING THE MARQUESAS KEYS— (Research Only)—[Based on differential Global Positioning Continued Systems data] [Reference Chart: United States 11434, 21st Edition—August 11, 1990] Point Latitude Longitude Point Latitude Longitude 5 ...... 24 deg.44.77′ N 80 deg.47.12′ W. 38 ...... 24 deg.36.15’ N 81 deg.51.78’ W. [66 FR 4376, Jan. 17, 2001] 39 ...... 24 deg.34.40’ N 81 deg.50.60’ W. 40 ...... 24 deg.33.44’ N 81 deg.49.73’ W. 41 ...... 24 deg.31.20’ N 81 deg.52.10’ W. APPENDIX VII TO SUBPART P OF PART 42 ...... 24 deg.28.70’ N 81 deg.56.80’ W. 922—AREAS TO BE AVOIDED BOUND- 43 ...... 24 deg.26.60’ N 81 deg.59.55’ W. ARY COORDINATES AREA SURROUNDING THE DRY TORTUGAS IN THE VICINITY OF THE FLORIDA KEYS ISLANDS [Reference Charts: United States 11466, 27th Edition—Sep- tember 1, 1990 and United States 11450, 4th Edition—Au- [Reference Chart: United States 11434, 21st Edition—August gust 11, 1990] 11, 1990]

Point Latitude Longitude Point Latitude Longitude

1 ...... 25°45.00′ N 80°06.10′ W 44 ...... 24 deg.32.00’ N 82 deg.53.50’ W. 2 ...... 25°38.70′ N 80°02.70′ W 45 ...... 24 deg.32.00’ N 83 deg.00.05’ W. 3 ...... 25°22.00′ N 80°03.00′ W 46 ...... 24 deg.39.70’ N 83 deg.00.05’ W. 4 ...... 25°06.38′ N 80°10.48′ W 47 ...... 24 deg.45.60’ N 82 deg.54.40’ W. 5 ...... 24°56.37′ N 80°19.26′ W 48 ...... 24 deg.45.60’ N 82 deg.47.02’ W. 6 ...... 24°37.90′ N 80°47.30′ W 49 ...... 24 deg.42.80’ N 82 deg.43.90’ W. 7 ...... 24°29.20′ N 81°17.30′ W 50 ...... 24 deg.39.50’ N 82 deg.43.90’ W. 8 ...... 24°22.30′ N 81°43.17′ W 51 ...... 24 deg.35.60’ N 82 deg.46.40’ W. 9 ...... 24°28.00′ N 81°43.17′ W 52 ...... 24 deg.32.00’ N 82 deg.53.50’ W. 10 ...... 24°28.70′ N 81°43.50′ W 11 ...... 24°29.80′ N 81°43.17′ W 12 ...... 24°33.10′ N 81°35.15′ W [66 FR 4377, Jan. 17, 2001, as amended at 66 13 ...... 24°33.60′ N 81°26.00′ W FR 34534, June 29, 2001] 14 ...... 24°38.20′ N 81°07.00′ W 15 ...... 24°43.20′ N 80°53.20′ W 16 ...... 24°46.10′ N 80°46.15′ W Subpart Q—Hawaiian Islands 17 ...... 24°51.10′ N 80°37.10′ W Humpback Whale National 18 ...... 24°57.50′ N 80°27.50′ W 19 ...... 25°09.90′ N 80°16.20′ W Marine Sanctuary 20 ...... 25°24.00′ N 80°09.10′ W 21 ...... 25°31.50′ N 80°07.00′ W 22 ...... 25°39.70′ N 80°06.85′ W AUTHORITY: 16 U.S.C. 1431 et seq. and sub- 23 ...... 25°45.00′ N 80°06.10′ W title C, title II, Pub. L. 102–587, 106 Stat. 5055. SOURCE: 64 FR 66570, Nov. 29, 1999, unless IN THE VICINITY OF KEY WEST HARBOR otherwise noted. [Reference Chart: United States 11434, 21st Edition—August 11, 1990] § 922.180 Purpose.

Point Latitude Longitude (a) The purpose of the regulations in this subpart is to implement the des- 24 ...... 24 deg.27.95’ N 81 deg.48.65’ W. ignation of the Hawaiian Islands 25 ...... 24 deg.23.00’ N 81 deg.53.50’ W. 26 ...... 24 deg.26.60’ N 81 deg.58.50’ W. Humpback Whale National Marine 27 ...... 24 deg.27.75’ N 81 deg.55.70’ W. Sanctuary by regulating activities af- 28 ...... 24 deg.29.35’ N 81 deg.53.40’ W. fecting the resources of the Sanctuary 29 ...... 24 deg.29.35’ N 81 deg.50.00’ W. 30 ...... 24 deg.27.95’ N 81 deg.48.65’ W. or any of the qualities, values, or purposes for which the Sanctuary was designated, in order to protect, preserve, AREA SURROUNDING THE MARQUESAS KEYS and manage the conservation, ecologi- [Reference Chart: United States 11434, 21st Edition—August 11, 1990] cal, recreational, research, educational, historical, cultural, and aes- Point Latitude Longitude thetic resources and qualities of the 31 ...... 24 deg.26.60’ N 81 deg.59.55’ W. area. The regulations are intended to 32 ...... 24 deg.23.00’ N 82 deg.03.50’ W. supplement and complement existing 33 ...... 24 deg.23.60’ N 82 deg.27.80’ W. regulatory authorities; to facilitate to 34 ...... 24 deg.34.50’ N 82 deg.37.50’ W. the extent compatible with the pri- 35 ...... 24 deg.43.00’ N 82 deg.26.50’ W. 36 ...... 24 deg.38.31’ N 81 deg.54.06’ W. mary objective of protecting the hump- 37 ...... 24 deg.37.91’ N 81 deg.53.40’ W. back whale and its habitat, all public

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and private uses of the Sanctuary, in- regulations as unacceptable, the unac- cluding uses of Hawaiian natives cus- ceptable term or terms will not take tomarily and traditionally exercised effect in State waters of the Sanc- for subsistence, cultural, and religious tuary. purposes, as well as education, research, recreation, commercial and § 922.181 Boundary. military activities; to reduce conflicts (a) Except for excluded areas de- between compatible uses; to maintain, scribed in paragraph (b) of this section, restore, and enhance the humpback the Hawaiian Islands Humpback Whale whale and its habitat; to contribute to National Marine Sanctuary consists of the maintenance of natural assem- the submerged lands and waters off the blages of humpback whales for future coast of the Hawaiian Islands seaward generations; to provide a place for from the shoreline, cutting across the humpback whales that are dependent mouths of rivers and streams: on their Hawaiian Islands wintering (1) To the 100-fathom (183 meter) habitat for reproductive activities, in- isobath from Kailiu Point eastward to cluding breeding, calving, and nursing, Mokolea Point, Kauai; and for the long-term survival of their (2) To the 100-fathom (183 meter) species; and to achieve the other pur- isobath from Puaena Point eastward to poses and policies of the HINMSA and Mahie Point, and from the Kapahulu NMSA. Groin in Waikiki eastward to Makapuu (b) These regulations may be modi- Point, Oahu; fied to fulfill the Secretary’s respon- (3) To the 100-fathom (183 meter) sibilities for the Sanctuary, including isobath from Cape Halawa, Molokai, the provision of additional protections south and westward to Ilio Point, for humpback whales and their habitat, Molokai; southwestward to include if reasonably necessary, and the con- Penguin Banks; eastward along the servation and management of other east side of Lanai; to the waters sea- marine resources, qualities and eco- ward of the three nautical mile limit systems of the Sanctuary determined north of Kahoolawe, to the to be of national significance. The Sec- Hanamanoia Lighthouse on Maui, and retary shall consult with the Governor northward along the shoreline to Lipoa of the State of Hawaii on any modifica- Point, Maui; tion to the regulations contained in (4) To the deep water area of Pailolo this part. For any modification of the Channel from Cape Halawa, Molokai, regulations contained in this part that to Lipoa Point, Maui, and southward; would constitute a change in a term of (5) To the 100-fathom (183 meter) the designation, as contained in the isobath from Upolu Point southward to Designation Document for the Sanc- Keahole Point, Hawaii. tuary, the Secretary shall follow the (b) Excluded from the Sanctuary applicable requirements of sections 303 boundary are the following commercial and 304 of the NMSA, and sections 2305 ports and small boat harbors: and 2306 of the HINMSA. (c) Section 304(e) of the NMSA re- HAWAII (BIG ISLAND) quires the Secretary to review manage- Kawaihae Boat Harbor & Small Boat Basin ment plans and regulations every five years, and make necessary revisions. LANAI Upon completion of the five year re- Kaumalapau Harbor, Manele Harbor view of the Sanctuary management plan and regulations, the Secretary MAUI will repropose the Sanctuary manage- Lahaina Boat Harbor ment plan and regulations in their en- Maalaea Boat Harbor tirety with any proposed changes thereto. The Governor of the State of MOLOKAI Hawaii will have the opportunity to re- Hale o Lono Harbor view the re-proposed management plan Kaunakakai Harbor and regulations before they take effect and if the Governor certifies any term OAHU or terms of such management plan or Kuapa Pond (Hawaii Kai)

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(c) The coordinates of the lateral lecting any dead or injured humpback extents of each boundary area within whale, or any part thereof; restraining the Sanctuary boundary appear in ap- or detaining any humpback whale, or pendix A of this subpart Q. any part thereof, no matter how temporarily; tagging any humpback whale; § 922.182 Definitions. operating a vessel or aircraft or doing (a) Acts means the Hawaiian Islands any other act that results in the dis- National Marine Sanctuary Act turbing or molesting of any humpback (HINMSA; sections 2301–2307 of Pub. L. whale. 102–587), and the National Marine Sanc- (b) Other terms appearing in the reg- tuaries Act (NMSA; also known as ulations in this subpart are defined at Title III of the Marine Protection, Re- 15 CFR 922.3, and/or in the Marine Pro- search, and Sanctuaries Act (MPRSA), tection, Research, and Sanctuaries as amended, 16 U.S.C. 1431 et seq.). Act, as amended, 33 U.S.C. 1401 et seq., Adverse impact means an impact that and 16 U.S.C. 1431 et seq. independently or cumulatively damages, diminishes, degrades, impairs, de- § 922.183 Allowed activities. stroys, or otherwise harms. (a) All activities except those prohib- Alteration of the seabed means drilling ited by § 922.184 may be undertaken in into, dredging, or otherwise altering a the Sanctuary subject to any emer- natural physical characteristic of the gency regulations promulgated pursu- seabed of the Sanctuary; or con- ant to § 922.185, subject to the inter- structing, placing, or abandoning any agency cooperation provisions of sec- structure, material, or other matter on tion 304(d) of the NMSA [16 U.S.C. the seabed of the Sanctuary. 1434(d)] and § 922.187 of this subpart, and Habitat means those areas that provide space for individual and popu- subject to the liability established by lation growth and normal behavior of section 312 of the NMSA and § 922.46 of humpback whales, and include sites this part. All activities are also subject used for reproductive activities, includ- to all prohibitions, restrictions, and ing breeding, calving and nursing. conditions validly imposed by any Military activities means those mili- other Federal, State, or county author- tary activities conducted by or under ity of competent jurisdiction. the auspices of the Department of De- (b) Included as activities allowed fense and any combined military ac- under the first sentence of paragraph tivities carried out by the Department (a) of this § 922.183 are all classes of of Defense and the military forces of a military activities, internal or exter- foreign nation. nal to the Sanctuary, that are being or Sanctuary means the Hawaiian Is- have been conducted before the effec- lands Humpback Whale National Ma- tive date of these regulations, as iden- rine Sanctuary. tified in the Final Environmental Im- Sanctuary resource means any hump- pact Statement/Management Plan. back whale, or the humpback whale’s Paragraphs (a)(1) through (a)(5) of habitat within the Sanctuary. § 922.184 do not apply to these classes of Shoreline means the upper reaches of activities, nor are these activities sub- the wash of the waves, other than ject to further consultation under sec- storm or seismic waves, at high tide tion 304(d) of the NMSA. during the season of the year in which (c) Military activities proposed after the highest wash of the waves occurs, the effective date of these regulations usually evidenced by the edge of vege- are also included as allowed activities tation growth, or the upper limit of de- under the first sentence of paragraph bris left by the wash of the waves. (a) of this § 922.183. Paragraphs (a)(1) Take or taking a humpback whale through (a)(5) of § 922.184 apply to these means to harass, harm, pursue, hunt, classes of activities unless— shoot, wound, kill, trap, capture, col- (1) They are not subject to consulta- lect or injure a humpback whale, or to tion under section 304(d) of the NMSA attempt to engage in any such conduct. and § 922.187 of this subpart, or The term includes, but is not limited (2) Upon consultation under section to, any of the following activities: col- 304(d) of the NMSA and § 922.187 of this

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subpart, NOAA’s findings and rec- (2) Operating any aircraft above the ommendations include a statement Sanctuary within 1,000 feet of any that paragraphs (a)(1) through (a)(5) of humpback whale except as necessary § 922.184 do not apply to the military for takeoff or landing from an airport activity. or runway, or as authorized under the (d) If a military activity described in MMPA and the ESA; paragraphs (b) or (c)(2) of this § 922.183 (3) Taking any humpback whale in is modified such that it is likely to de- the Sanctuary except as authorized stroy, cause the loss of, or injure a under the MMPA and the ESA; Sanctuary resource in a manner sig- (4) Possessing within the Sanctuary nificantly greater than was considered (regardless of where taken) any living in a previous consultation under sec- or dead humpback whale or part there- tion 304(d) of the NMSA and § 922.187 of of taken in violation of the MMPA or this subpart, or if the modified activity the ESA; is likely to destroy, cause the loss of, (5) Discharging or depositing any ma- or injure any Sanctuary resource not terial or other matter in the Sanc- considered in a previous consultation tuary; altering the seabed of the Sanc- under section 304(d) of the NMSA and tuary; or discharging or depositing any § 922.187 of this subpart, the modified material or other matter outside the activity will be treated as a new mili- Sanctuary if the discharge or deposit tary activity under paragraph (c) of subsequently enters and injures a this section. humpback whale or humpback whale (e) If a proposed military activity habitat, provided that such activity: subject to section 304(d) of the NMSA (i) Requires a Federal or State per- and § 922.187 of this subpart is necessary mit, license, lease, or other authoriza- to respond to an emergency situation tion; and and the Secretary of Defense deter- (ii) Is conducted: mines in writing that failure to undertake the proposed activity during the (A) Without such permit, license, period of consultation would impair lease, or other authorization, or the national defense, the Secretary of (B) not in compliance with the terms the military department concerned or conditions of such permit, license, may request the Director that the ac- lease, or other authorization. tivity proceed during consultation. If (6) Interfering with, obstructing, de- the Director denies such a request, the laying or preventing an investigation, Secretary of the military department search, seizure or disposition of seized concerned may decide to proceed with property in connection with enforce- the activity. In such case, the Sec- ment of either of the Acts or any regu- retary of the military department con- lations issued under either of the Acts. cerned shall provide the Director with (b) The prohibitions in paragraphs a written statement describing the ef- (a)(1) through (a)(5) of this § 922.184 do fects of the activity on Sanctuary re- not apply to activities necessary to resources once the activity is completed. spond to emergencies threatening life, property or the environment; or to ac- § 922.184 Prohibited activities. tivities necessary for valid law enforce- (a) The following activities are pro- ment purposes. However, while such ac- hibited and thus unlawful for any per- tivities are not subject to paragraphs son to conduct or cause to be con- (a)(1) through (a)(5) of this § 922.184, ducted. this paragraph (b) does not exempt the (1) Approaching, or causing a vessel activity from the underlying prohibi- or other object to approach, within the tion or restriction under other applica- Sanctuary, by any means, within 100 ble laws and regulations (e.g., MMPA, yards of any humpback whale except as ESA, and CWA). authorized under the Marine Mammal (c) Any Sanctuary fishery regula- Protection Act, as amended (MMPA), tions shall not take effect in Hawaii 16 U.S.C. 1361 et seq., and the Endan- State waters until established by the gered Species Act, as amended (ESA), State Board of Land and Natural Re- 16 U.S.C. 1531 et seq.; sources.

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§ 922.185 Emergency regulations. quired by other statutes, such as the Where necessary to prevent or mini- ESA. The Director will attempt to pro- mize the destruction of, loss of, or in- vide coordinated review and analysis of jury to a Sanctuary resource, or to all environmental requirements. minimize the imminent risk of such destruction, loss, or injury, any and all APPENDIX A TO SUBPART Q OF PART activities are subject to immediate 922—HAWAIIAN ISLANDS HUMPBACK temporary regulation, including prohi- WHALE, NATIONAL MARINE SANC- bition. Before issuance of such regula- TUARY BOUNDARY DESCRIPTION AND tions the Director shall consult to the COORDINATES OF THE LATERAL extent practicable with any relevant BOUNDARY CLOSURES AND EXCLUDED Federal agency and the Governor of the AREAS. State of Hawaii. Emergency regulations shall not take effect in State Appendix A provides a text and pictoral (see Figures 1–3) description of the Sanc- waters of the Sanctuary until approved tuary boundary with specific lateral closure by the Governor of Hawaii. points and exclusion areas. The lateral extents (bounds) of each boundary area are § 922.186 Penalties; appeals. closed by straight lines defined by at least (a) Pursuant to section 307 of the two points. It may be necessary to extend NMSA, each violation of either of the these lines beyond the defining points to Acts, or any regulation in this subpart intersect the actual 100 fathom contour or is subject to a civil penalty of not more the shoreline. Each point corresponds to a than $100,000. Each such violation is bounds number indicated in Figure 2. Digital subject to forfeiture of property or files of the Sanctuary boundary (available in Sanctuary resources seized in accord- three common formats, ESRI Shape File, ance with section 307 of the NMSA. MapInfo Table, and an ASCII Exchange For- mat) are available from the Sanctuary office Each day of a continuing violation con- in Kihei, Maui, at the address listed above or stitutes a separate violation. by calling (808) 879–2818. These digital geog- (b) Regulations setting forth the pro- raphies are the best available representation cedures governing the administrative of the verbal legal delineation and were de- proceedings for assessment of civil pen- rived from: the Hawaiian shoreline as sup- alties for enforcement reasons, plied by State of Hawaii through the Office issuance and use of written warnings, of Planning GIS Office, the NOAA and State and release or forfeiture of seized prop- of Hawaii agreed upon lateral boundary and erty appear at 15 CFR Part 904. exclusion areas, and the 100 fathom isobath (c) A person subject to an action digitized from the following 1:80,000 scale taken for enforcement reasons for vio- NOAA nautical charts-19327—West Coast of lation of these regulations or either of Hawaii (9th ED, 4/29/89), the Acts may appeal pursuant to the 19347—Channels between Molokai, Maui, applicable procedures in 15 CFR Part Lanai, and Kahoolawe (17th ED, 12/13/97), 904. 19351—Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/1989), § 922.187 Interagency Cooperation. 19357—Island of Oahu (20th ED, 9/21/1996), and Under section 304(d) of the NMSA, 19381—Island of Kauai (8th ED, 7/17/1993)]. Federal agency actions internal or ex- For the portion of the Lanai region of the ternal to a national marine sanctuary, HIHWNMS west of Chart 19351,[157°42.8′ west] including private activities authorized the 100 fathom contour was derived from the by licenses, leases, or permits, that are 1:250,000 chart 19340—Hawaii to Oahu (24th ED, 1/09/1993). likely to destroy, cause the loss of, or All digital geography data have been ref- injure any sanctuary resource are sub- erenced to WGS84 (NAD83) and have been ject to consultation with the Director. converted to geographic (latitude and lon- The Federal agency proposing an ac- gitude) coordinates. tion shall determine whether the activity is likely to destroy, cause the loss SANCTUARY BOUNDARY of, or injure a Sanctuary resource. To A. As defined by the specific lateral bound- the extent practicable, consultation aries in B, and except for excluded areas de- procedures under section 304(d) of the scribed in paragraph C of this section, the NMSA may be consolidated with inter- Hawaiian Islands Humpback Whale National agency cooperation procedures re- Marine Sanctuary consists of the submerged

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lands and waters off the coast of the Hawai- ward to Ilio Point, Molokai; southwestward ian Islands seaward from the shoreline, cut- to include Penguin Banks; eastward along ting across the mouths of rivers and streams the east side of Lanai; to the waters seaward (see Figure 1): of the three nautical mile limit north of 1. To the 100-fathom (183 meter) isobath Kahoolawe, to the Hanamanoia Lighthouse from Kailiu Point eastward to Mokolea on Maui, and northward along the shoreline Point, Kauai; to Lipoa Point, Maui; 2. To the 100-fathom (183 meter) isobath 4. To the deep water area of Pailolo Chan- from Puaena Point eastward to Mahie Point, nel from Cape Halawa, Molokai, to Lipoa and from the Kapahulu Groin in Waikiki Point, Maui, and southward; eastward to Makapuu Point, Oahu; 5. To the 100-fathom (183 meter) isobath 3. To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole from Cape Halawa, Molokai, south and west- Point, Hawaii.

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B. Lateral Closure Bounds for the Hawai- ian Islands Humpback Whale National Ma- rine Sanctuary Boundary (see Figure 2).

Bound No. No. of (Fig. 2) Geographic name points Latitude Longitude

1 ...... Kailiu Pt., Kauai ...... 2 22°13′24.7″ ¥159°34′52.2″ 22°16′33.5″ ¥159°35′59.4″ 2 ...... Mokolea Pt., Kauai ...... 2 22°13′29.9″ ¥159°22′55.8″ 22°14′55.4″ –159°22′19.3″ 3 ...... Puaena Pt., N. Oahu ...... 2 21°38′24.6″ ¥158°8′26.0″ 21°36′8.4″ ¥158°6′24.5″ 4 ...... Mahie Pt., N. Oahu ...... 2 21°33′37.3″ ¥157°51′51.9″ 21°35′32.2″ ¥157°50′5.5″ 5 ...... Kapahulu Groin, S. Oahu ...... 3 21°15′5.7″ ¥157°50′27.5″ 21°16′6.1″ ¥157°49′25.7″ 21°16′6.2″ ¥157°49′23.8″

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Bound No. No. of (Fig. 2) Geographic name points Latitude Longitude

6 ...... Makapuu Pt., S. Oahu ...... 2 21°18′39.6″ ¥157°38′56.7″ 21°19′44.7″ ¥157°35′46.1″ 7 ...... Ilio Pt, Molokai ...... 2 21°13′25.7″ ¥157°18′45.8″ 21°13′27.0″ ¥157°15′14.4″ 8 ...... Pailolo Channel, C. Halawa to Lipoa Pt...... 2 21°1′29.8″ ¥156°38′22.0″ 21°9′29.5″ ¥156°42′37.2″ 9 ...... Hanamanoia Lighthouse, Maui ...... 2 20°34′21.8″ ¥156°26′51.1″ 20°34′58.4″ ¥156°24′45.2″ 10 ...... 3 Nmi. closure around Kahoolawe ...... 51 20°35′58.1″ ¥156°29′32.0″ 20°35′59.9″ ¥156°29′33.0″ 20°36′3.9″ ¥156°29′35.5″ 20°36′6.6″ ¥156°29′36.9″ 20°36′16.3″ ¥156°29′43.1″ 20°36′25.7″ ¥156°29′49.9″ 20°36′34.6″ ¥156°29′57.3″ 20°36′39.9″ ¥156°30′2.2″ 20°36′43.8″ ¥156°30′5.5″ 20°36′50.8″ ¥156°30′12.1″ 20°36′59.0″ ¥156°30′16.5″ 20°37′58.7″ ¥156°30′22.7″ 20°37′18.1″ ¥156°30′29.5″ 20°37′27.0″ ¥156°30′36.8″ 20°37′35.5″ ¥156°30′44.8″ 20°37′43.4″ ¥156°30′53.4″ 20°37′50.9″ ¥156°31′2.4″ 20°37′56.4″ ¥156°31′10.0″ 20°37′59.0″ ¥156°31′13.2″ 20°38′6.0″ ¥156°31′22.7″ 20°38′8.6″ ¥156°31′26.8″ 20°38′10.8″ ¥156°31′29.9″ 20°38′17.2″ ¥156°31′39.9″ 20°38′18.9″ ¥156°31′43.0″ 20°38′23.4″ ¥156°31′48.4″ 20°38′30.3″ ¥156°31′58.0″ 20°38′36.6″ ¥156°32′7.9″ 20°38′42.4″ ¥156°32′18.3″ 20°38′43.4″ ¥156°32′20.5″ 20°38′46.4″ ¥156°32′25.9″ 20°38′51.5″ ¥156°32′36.7″ 20°38′56.0″ ¥156°32′47.7″ 20°38′59.8″ ¥156°32′59.1″ 20°39′3.0″ ¥156°33′10.7″ 20°39′4.0″ ¥156°33′15.7″ 20°39′4.4″ ¥156°33′17.0″ 20°39′5.3″ ¥156°33′21.1″ 20°39′6.8″ ¥156°33′28.7″ 20°39′8.6″ ¥156°33′40.7″ 20°39′8.9″ ¥156°33′44.4″ 20°39′9.7″ ¥156°33′49.6″ 20°39′10.1″ ¥156°33′53.8″ 20°39′11.0″ ¥156°34′0.3″ 20°39′12.1″ ¥156°34′12.4″ 20°39′12.5″ ¥156°34′24.4″ 20°39′12.4″ ¥156°34′25.4″ 20°39′12.6″ ¥156°34′30.5″ 20°39′12.2″ ¥156°34′42.6″ 20°39′11.8″ ¥156°34′47.7″ 20°39′11.7″ ¥156°34′48.9″ 20°39′11.3″ ¥156°34′55.8″ 11 ...... Technical Cosure ...... 2 20°41′39.2″ ¥156°37′7.5″ 20°41′45.0″ ¥156°38′3.6″ North of Kahoolawe. 12 ...... Upolu Pt., Hawaii (Big Island) ...... 2 20°16′5.3″ ¥155°51′0.5″ 20°17′59.9″ ¥155°51′17.2″ 13 ...... Keahole Pt., Hawaii (Big Island) ...... 2 19°43′39.6″ ¥156′3′42.7″ 19°43′41.5″ ¥156°4′14.5″ C. Excluded Ports and Harbors Bounds (see Figure 3).

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Bound No. No. of (Fig.2) Geographic Name Points Latitude Longitude

14 ...... Kawaihae Harbor, Big Island exclusion ...... 2 20°2′14.3″ ¥155°50′2.5″ 20°2′25.3″ ¥155°49′57.7″ 15 ...... Haleolono Harbor, Molokai exclusion ...... 2 21°5′3.5″ ¥157°14′58.6″ 21°5′4.8″ ¥157°14′55.2″ 16 ...... Kaunakakai Harbor, Molokai exclusion ...... 4 21°5′13.9″ ¥157°1′35.7″ 21°4′49.2″ ¥157°1′58.3″ 21°4′38.5″ ¥157°1′41.2″ 21°5′7.4″ ¥157°1′15.0″ 17 ...... Kaumalapau Harbor, Lanai exclusion ...... 2 20°47′9.2″ ¥156°59′32.2″ 20°47′1.1″ ¥156°59′31.3″ 18 ...... Manele Harbor, Lanai exclusion ...... 2 20°44′33.2″ ¥156°53′12.9″ 20°44′35.2″ ¥156°53′14.1″ 19 ...... Lahaina Harbor, Maui exclusion ...... 2 20°52′18.3″ ¥156°40′45.0″ 20°52′18.8″ ¥156°40′44.0″ 20 ...... Maalaea Harbor, Maui exclusion ...... 2 20°47′32.1″ ¥156°30′35.0″ 20°47′24.8″ ¥156°30′39.6″

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Bound No. No. of (Fig.2) Geographic Name Points Latitude Longitude

21 ...... Western closure Kuapa Pond (Hawaii Kai), Oahu ...... 2 21°17′7.0″ ¥157°43′7.7″ 21°17′6.5″ ¥157°43′7.0″ 22 ...... Eastern closure Kuapa Pond (Hawaii Kai), Oahu ...... 2 21°16′53.3″ ¥157°42′42.7″ 21°16′51.9″ ¥157°42′40.3″

Subpart R—Thunder Bay National intersects with the line formed be- Marine Sanctuary and Under- tween Point 17 and Point 18 near water Preserve Stoneport Harbor Light in Presque Isle, MI. From there the boundary moves off- SOURCE: 65 FR 39056, June 22, 2000, unless shore through Points 18–20 in order otherwise noted. until it intersects the ordinary high § 922.190 Boundary. water mark along the line formed between Point 20 and Point 21. At this (a) Except as provided in paragraph intersection the boundary continues to (b) of this section, the Thunder Bay follow the ordinary high water mark National Marine Sanctuary and Under- south until it intersects the line water Preserve (Sanctuary) consists of formed between Point 22 and Point 23 an area of approximately 4,300 square near the Lafarge dock in Alpena, MI. miles of waters of Lake Huron and the At this intersection the boundary submerged lands thereunder, over, moves towards Point 23 until it inter- around, and under the underwater cul- sects the ordinary high water mark. At tural resources in Thunder Bay. The this intersection the boundary follows eastern boundary of the sanctuary be- the ordinary high water mark south gins at the intersection of the southern until it intersects the southern Alcona Alcona County boundary and the U.S./ County boundary along the lined Canada international boundary (Point formed between Point 24 and Point 25 1). The eastern boundary of the sanc- in Greenbush, MI. Finally, at this tuary approximates the international intersection the boundary moves east- boundary passing through Points 2–5. ward and offshore until it reaches The boundary continues west through Point 25. Point 6 and then back to the northeast (b) Excluded from the Sanctuary until it intersects with the 45.83333°N boundary are the following ports: line of latitude at Point 7. The north- (1) Rogers City; ern boundary follows the line of lati- (2) Presque Isle; and tude 45.83333°N westward until it inter- (3) Alpena. sects the ¥84.33333°W line of longitude (c) The coordinates of each boundary at Point 8. The western boundary ex- area appear in appendix A of this sub- tends south along the ¥84.33333°W line part. of longitude towards Point 9 until it intersects the ordinary high water [79 FR 52971, Sept. 5, 2014; 79 FR 12080, Sept. mark at Cordwood Point. From there, 5, 2014] the western boundary follows the ordinary high water mark as defined by § 922.191 Definitions. Part 325, Great Lakes Submerged (a) The following terms are defined Lands, of P.A. 451 (1994), as amended, for purposes of Subpart R: cutting across the mouths of rivers and Minor project means any project list- streams until it intersects the line ed in appendix B to this Subpart. formed between Point 10 and Point 11 Programmatic Agreement means the south of Rogers City, MI. From there agreement among NOAA, the Federal the boundary moves offshore through Advisory Council on Historic Preserva- Points 11–15 in order until it intersects tion, and the State of Michigan, devel- the ordinary high water mark along oped pursuant to the National Marine the line formed between Point 15 and Sanctuaries Act (NMSA), 16 U.S.C. 1431 Point 16. At this intersection the et seq. and section 106 of the National boundary continues to follow the ordi- Historic Preservation Act of 1966 as nary high water mark south until it amended, 16 U.S.C. 470 et seq., which, in

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part, sets forth the procedures for re- rine Sanctuaries Act, as amended, 16 view and approval of State Permits U.S.C. 1431 et seq. that authorize activities prohibited by [65 FR 39056, June 22, 2000, as amended at 79 the Sanctuary regulations. FR 52972, Sept. 5, 2014; 79 FR 12080, Sept. 5, State Archaeologist means the State 2014] Archaeologist, Michigan Historical Center, Michigan Department of State. § 922.192 Joint Management Com- State Permit means any lease, permit, mittee. license, approval, or other authoriza- (a) A state/federal Joint Management tion issued by the State of Michigan Committee shall be established to for the conduct of activities or projects oversee and engage in decision-making within the Thunder Bay National Ma- authority for the Thunder Bay Na- rine Sanctuary and Underwater Pre- tional Marine Sanctuary and Under- serve that are prohibited by the regula- water Preserve. tions at § 922.193. (b) The Joint Management Com- Traditional fishing means those committee shall be comprised of one Fed- mercial, recreational, and subsistence eral employee named by the NOAA Ad- fishing activities that were custom- ministrator and one state employee arily conducted within the Sanctuary named by the Governor of Michigan. The Federal employee cannot be the prior to its designation or expansion, sanctuary manager (the individual who as identified in the relevant Final En- exercises day-to-day management over vironmental Impact Statement and the Sanctuary) and must have a civil Management Plan for this Sanctuary. service grade higher than that of the Traditional fishing includes tribal fish- sanctuary manager. ing rights as provided for in the 1836 (c) The Joint Management Com- Treaty of Washington and subsequent mittee shall: court decisions related to the Treaty. (1) Develop a position description for, Treaty fishing rights means those recruit prospective candidates for the rights reserved in the 1836 Treaty of position of, interview candidates for Washington and in subsequent court the position of, and take part in the decisions related to the Treaty. annual performance evaluation of, the Underwater cultural resource means: sanctuary manager; (1) Any sunken watercraft, including (2) Approve revisions to the Manage- a ship, boat, canoe, skiff, raft, or barge; ment Plan; the rigging, gear, fittings, trappings, (3) Approve annual work plans; and equipment of any sunken (4) Approve, on an annual basis, the watercraft; the personal property of expenditure of allocated state and fed- the officers, crew, and passengers of eral funds and other sources of revenue any sunken watercraft; and the cargo for the Thunder Bay National Marine of any sunken watercraft, that sank Sanctuary and Underwater Preserve, in prior to the effective date of Sanctuary accordance with the Management Plan designation; and and the annual work plans; and (2) Any of the above that sinks on or (5) Make decisions on other key after the date of Sanctuary designation issues related to management of the determined to be an underwater cul- Thunder Bay National Marine Sanc- tural resource by the Director pursu- tuary and Underwater Preserve. ant to § 922.198. Underwater cultural re- (d) The Joint Management Com- mittee shall meet as agreed to by the source also means any historical rem- members but not less than once annu- nant of docks or piers or associated ally. material, or materials resulting from (e) If the Joint Management Com- activities of historic and prehistoric mittee is unable to reach agreement on Native Americans. an issue, the members shall follow the (b) Other terms appearing in the reg- ‘‘Consultation and Conflict Resolu- ulations are defined at 15 CFR part 922 tion’’ procedures set forth in the subpart A, and/or in the National Ma- Interlocal Agreement between NOAA and the State of Michigan.

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(f) The Joint Management Com- (c) The prohibitions in paragraphs mittee may invite affected public par- (a)(1) through (3) of this section do not ties to participate in selected aspects apply to valid law enforcement activi- of Sanctuary management as: ties, or any activity necessary to re- (1) Parties to the Interlocal Agree- spond to an emergency threatening life ment pursuant to the Michigan Urban or the environment. Cooperation Act of 1967, MCL 124.501 et (d) The prohibitions in paragraphs (a) seq.; and/or (1) through (3) of this section do not (2) Pursuant to the NMSA. apply to any activity: (1) Specifically authorized by, and § 922.193 Prohibited or otherwise reg- conducted in accordance with the ulated activities. scope, purpose, terms and conditions (a) Except as specified in paragraphs of, a permit issued pursuant to § 922.195 (b) through (d) of this section, the fol- or a Special Use Permit issued pursu- lowing activities are prohibited and ant to section 310 of the NMSA. thus are unlawful for any person to (2) Specifically authorized by any conduct or to cause to be conducted: valid Federal, State, or local lease, per- (1) Recovering, altering, destroying, mit, license, approval, or other author- possessing, or attempting to recover, ization in existence on the effective alter, destroy, or possess an under- date of these regulations, or by any water cultural resource. valid right of subsistence use or access (2) Drilling into, dredging or other- in existence on the effective date of wise altering the lakebottom associ- these regulations, provided that the ated with underwater cultural re- holder of such authorization or right sources, including contextual informa- complies with § 922.194 and § 922.47 and tion; or constructing, placing or aban- with any terms and conditions for the doning any structure, material or exercise of such authorization or right other matter on the lakebottom associ- imposed by the Director as a condition ated with underwater cultural re- of certification as he or she deems rea- sources, except as an incidental result sonably necessary to achieve the pur- of: poses for which the Sanctuary was des- (i) Anchoring vessels; ignated. (ii) Traditional fishing operations; or (iii) Minor projects (as defined in ap- § 922.194 Certification of preexisting pendix B of this subpart) that do not leases, licenses, permits, approvals, adversely affect underwater cultural other authorizations, or rights to resources. conduct a prohibited activity. (3) Using grappling hooks or other (a) A person may conduct an activity anchoring devices on underwater cul- prohibited by § 922.193 (a)(1) through (3) tural resource sites that are marked if such activity is specifically author- with a mooring buoy. ized by a valid Federal, State, or local (4) Interfering with, obstructing, de- lease, permit, license, approval, or laying or preventing an investigation, other authorization in existence on the search, seizure or disposition of seized effective date of Sanctuary designa- property in connection with enforce- tion, or by any valid right of subsist- ment of the Act or any regulations ence use or access in existence on the issued under the Act. effective date of Sanctuary designa- (b) Members of a federally-recognized tion, provided that: Indian tribe may exercise treaty-se- (1) for any State or local lease, per- cured rights, subject to the require- mit, license, approval, or other author- ments of other applicable law, without ization, or any right of subsistence use, regard to the requirements of this sub- the State Archaeologist certifies to the part. The Director may consult with Director, within 90 days of the effective the governing body of a tribe regarding date of designation, that the activity ways the tribe may exercise such authorized under the State or local rights consistent with the purposes of lease, permit, license, approval, or the Sanctuary, provided that the rights other authorization, or any right of are authorized by the tribe by regula- subsistence use, is being conducted tion, license, or permit. consistent with the Programmatic

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Agreement, in which case such activity Manager, Thunder Bay National Ma- shall be deemed to have met the re- rine Sanctuary and Underwater Pre- quirements of this section and § 922.47; serve, 1305 East-West Highway, N/ORM, or Silver Spring, Maryland, 20910. A copy (2) In the case where either: of the lease, permit, license, approval, (i) The State Archaeologist does not or other authorization must accom- certify that the activity authorized pany the request. under a State or local lease, permit, li- (f) The Director may request addi- cense, approval, or other authorization, tional information from the certifi- or right of subsistence use is being con- cation requester as he or she deems ducted consistent with the Pro- reasonably necessary to condition ap- grammatic Agreement; or propriately the exercise of the certified (ii) The activity is conducted pursu- authorization or right to achieve the ant only to a Federal permit, the hold- purposes for which the Sanctuary was er of the authorization or right com- designated. The Director must receive plies with paragraphs (b) through (k) of the information requested within 45 this section. days of the postmark date of the re- (b) For an activity described in para- quest. The Director may seek the views graph (a)(2) of this section, the holder of any persons on the certification re- of the authorization or right may con- quest. duct the activity prohibited by § 922.193 (g) The Director may amend any cer- (a)(1) through (3) provided that: tification made under this § 922.194 (1) The holder of such authorization whenever additional information be- or right notifies the Director, in writ- comes available justifying such an ing, within 90 days of the effective date amendment. of Sanctuary designation, of the exist- (h) Upon completion of review of the ence of such authorization or right and authorization or right and information requests certification of such author- received with respect thereto, the Di- ization or right; rector shall communicate, in writing, (2) The holder complies with the any decision on a certification request other provisions of § 922.194; and or any action taken with respect to (3) The holder complies with any any certification made under this terms and conditions on the exercise of § 922.194, in writing, to both the holder such authorization or right imposed as of the certified lease, permit, license, a condition of certification, by the Di- approval, other authorization, or right, rector, to achieve the purposes for and the issuing agency, and shall set which the Sanctuary was designated. forth the reason(s) for the decision or (c) The holder of an authorization or action taken. right described in paragraph (a)(2) of (i) Any time limit prescribed in or es- this section authorizing an activity tablished under this § 922.194 may be ex- prohibited by § 922.193 may conduct the tended by the Director for good cause. activity without being in violation of (j) The holder may appeal any action applicable provisions of § 922.193, pend- conditioning, amending, suspending, or ing final agency action on his or her revoking any certification in accord- certification request, provided the ance with the procedures set forth in holder is in compliance with this § 922.50. § 922.194. (k) Any amendment, renewal, or ex- (d) Any holder of an authorization or tension made after the effective date of right described in paragraph (a)(2) of Sanctuary designation, to a lease, per- this section may request the Director mit, license, approval, other authoriza- to issue a finding as to whether the action or right is subject to the provi- tivity for which the authorization has sions of § 922.195 and § 922.49. been issued, or the right given, is pro- (l) For any activity authorized pursu- hibited by § 922.193, thus requiring cer- ant to § 922.193 (b), the holder of such li- tification under this section. cense or permit shall notify the Direc- (e) Requests for findings or certifi- tor, in writing, within 90 days of the ef- cations should be addressed to the Di- fective date of Sanctuary designation, rector, Office of Ocean and Coastal Re- of the existence of such authorization source Management; ATTN: Sanctuary or right.

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§ 922.195 Permit procedures and cri- historical information, or further the teria. policies of the Sanctuary. (a) A person may conduct an activity (e) A person shall file an application prohibited by § 922.193 (a)(1) through (3), for a permit with the Michigan Depart- if conducted in accordance with the ment of Environmental Quality, Land scope, purpose, terms and conditions of and Water Management Division, P.O. a State Permit provided that: Box 30458, Lansing, MI, 48909-7958. The application shall contain all of the fol- (1) The State Archaeologist certifies lowing information: to NOAA that the activity authorized (1) The name and address of the ap- under the State Permit will be con- plicant; ducted consistent with the Pro- (2) Research plan that describes in grammatic Agreement, in which case detail the specific research objectives such State Permit shall be deemed to and previous work done at the site. An have met the requirements of § 922.49; archaeological survey must be con- or ducted on a site before an archae- (2) In the case where the State Ar- ological permit allowing excavation chaeologist does not certify that the can be issued; activity to be authorized under a State (3) Description of significant previous Permit will be conducted consistent work in the area of interest, how the with the Programmatic Agreement, proposed effort would enhance or con- the person complies with the require- tribute to improving the state of ments of § 922.49 of this part. knowledge, why the proposed effort (b) If no State Permit is required to should be performed in the Sanctuary, conduct an activity prohibited by and its potential benefits to the Sanc- § 922.193 (a)(1) through (3) of this sub- tuary; part, a person may conduct such activ- (4) An operational plan that describes ity if it is conducted in accordance the tasks required to accomplish the with the scope, purpose, terms and con- project’s objectives and the profes- ditions of a Federal permit, provided sional qualifications of those con- that the person complies with the pro- ducting and supervising those tasks visions of § 922.49 of this part. (see § 922.195(e)(9) of this section). The (c) In instances where the conduct of plan must provide adequate description an activity is prohibited by § 922.193 of methods to be used for excavation, (a)(1) through (3) of this subpart is not recovery and the storage of artifacts addressed under a State or other Fed- and related materials on site, and de- eral lease, license, permit or other au- scribe the rationale for selecting the thorization, a person must obtain a proposed methods over any alternative Sanctuary permit from NOAA pursuant methods; to § 922.48 (c) through (f) of this part (5) Archaeological recording, includ- and the Programmatic Agreement in ing site maps, feature maps, scaled order to conduct the activity. photographs, and field notes; (d) A permit for recovery of an under- (6) An excavation plan describing the water cultural resource may be issued excavation, recovery and handling of if: artifacts; (1) The proposed activity satisfies the (7)(i) A conservation plan docu- requirements for permits described menting: under paragraphs (a) through (c) of this (A) The conservation facility’s equip- section; ment; (2) The recovery of the underwater (B) Ventilation temperature and hu- cultural resource is in the public inter- midity control; and est; (C) storage space. (3) Recovery of the underwater cul- (ii) Documentation of intended con- tural resource is part of research to servation methods and processes must preserve historic information for pub- also be included; lic use; and (8) A curation and display plan for (4) Recovery of the underwater cul- the curation of the conserved artifacts tural resource is necessary or appro- to ensure the maintenance and safety priate to protect the resource, preserve of the artifacts in keeping with the

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Sanctuary’s federal stewardship re- ing any matter which might affect the sponsibilities under the Federal Ar- ability of the Tribe’s members to par- chaeology Program (36 CFR Part 79, ticipate in treaty fishing activities in Curation of Federally-Owned and Ad- the Sanctuary. ministered Archaeological Collections); [79 FR 52972, Sept. 5, 2014; 80 FR 12080, Mar. and 6, 2015] (9) Documentation of the professional standards of an archaeologist super- § 922.198 Procedures for determining vising the archaeological recovery of watercraft and related items which historical artifacts. The minimum pro- sink on or after the date of Sanc- fessional qualifications in archaeology tuary designation to be an under- are a graduate degree in archaeology, water cultural resource. anthropology, or closely related field The Director, in consultation with plus: the State of Michigan, appropriate fed- (i) At least one year of full-time pro- eral agencies, and the governing body fessional experience or equivalent spe- of any affected federally-recognized cialized training in archeological re- tribe, may determine, after providing search, administration or management; 45 days for public comment, that any (ii) At least four months of super- sunken watercraft, including a ship, vised field and analytic experience in boat, canoe, skiff, raft, or barge; the general North American archaeology; rigging, gear, fittings, trappings, and (iii) Demonstrated ability to carry equipment of any sunken watercraft; research to completion; and the personal property of the officers, (iv) At least one year of full-time crew, and passengers of any sunken professional experience at a super- watercraft; and the cargo of any sunk- visory level in the study of archeo- en watercraft, that sinks on or after logical resources in the underwater en- the date of Sanctuary designation, to vironment. be an underwater cultural resource if such is determined by the Director to § 922.196 Emergency regulations. be 50 years or older and of special na- (a) Where necessary to prevent or tional significance due to architectural minimize the destruction of, loss of, or significance or association with indi- injury to an underwater cultural re- viduals or events that are significant source, or to minimize the imminent to local or national history. risk of such destruction, loss, or in- APPENDIX A TO SUBPART R OF PART jury, any and all activities are subject 922—THUNDER BAY NATIONAL MA- to immediate temporary regulation, RINE SANCTUARY AND UNDERWATER including prohibition. An emergency PRESERVE BOUNDARY COORDINATES regulation shall not take effect without the approval of the Governor of [Based on North American Datum of 1983] Michigan. (b) Emergency regulations remain in Point ID Latitude (north) Longitude (west) effect until a date fixed in the rule or 1 ...... 44.512834 ¥82.329519 six months after the effective date, 2 ...... 44.858147 ¥82.408717 whichever is earlier. The rule may be 3 ...... 45.208484 ¥82.490596 4 ...... 45.335902 ¥82.52064 extended once for not more than six 5 ...... 45.771937 ¥83.483974 months. 6 ...... 45.773944 ¥83.636867 7 ...... 45.833333 ¥83.586892 8 ...... 45.833333 ¥84.333333 § 922.197 Effect on affected federally- 9 * ...... 45.662858 ¥84.333333 recognized Indian tribes. 10* ...... 45.41733 ¥83.77327 The exercise of treaty fishing rights 11 ...... 45.42103 ¥83.79487 12 ...... 45.42708 ¥83.79371 is not modified, altered, or in any way 13 ...... 45.42343 ¥83.75318 affected by the regulations promul- 14 ...... 45.41748 ¥83.75333 gated in this Subpart. The Director 15 ...... 45.41210 ¥83.76805 16 * ...... 45.40738 ¥83.76785 shall consult with the governing body 17 * ...... 45.29672 ¥83.41908 of each federally-recognized Indian 18 ...... 45.29682 ¥83.40965 tribe mentioned in the 1836 Treaty of 19 ...... 45.29010 ¥83.40965 20 ...... 45.29464 ¥83.41914 Washington and in subsequent court 21 * ...... 45.29681 ¥83.42277 decisions related to the Treaty regard- 22 * ...... 45.06632 ¥83.40715

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Point ID Latitude (north) Longitude (west) foot along the shoreline and a maximum of 300 cubic yards; and 23 * ...... 45.06560 ¥83.40810 (v) the structure or any associated fill will 24 * ...... 44.511734 ¥83.320169 not be placed in a wetland area or placed in 25 ...... 44.512834 ¥82.329519 any manner that impairs surface water flow into or out of any wetland area. NOTE: The coordinates in the table above (d) Groins 50 feet or less in length, as meas- marked with an asterisk (*) are not part of ures from the toe to bluff, which meet all of the sanctuary boundary. These coordinates the following criteria: are landward reference points used to draw a (i) the groin is low profile, with the line segment that intersects with the shore- lakeward end not more than 1 foot above the line for the purpose of charting the bound- existing water level; and ary. (ii) the groin is placed at least 1⁄2 of the [79 FR 52972, Sept. 5, 2014; 80 FR 12080, Mar. groin length from the adjacent property line 6, 2015, as amended at 80 FR 79684, Dec. 23, or closer with written approval of the adja- 2015] cent riparian. (e) Filling for restoration of existing permitted fill, fills placed incidental to con- APPENDIX B TO SUBPART R OF PART struction of other structures, and fills that 922—MINOR PROJECTS FOR PURPOSES do not exceed 300 cubic yards as a single and OF § 922.193(a)(2)(iii) complete project, where the fill is of suitable material free from pollutants, waste metal Pursuant to Michigan State Administra- products, debris, or organic materials. tive Rule R 322.1013 of Part 325, Great Lakes (f) Dredging for the maintenance of pre- Submerged Lands of Public Act 451 (Michi- viously dredged areas or dredging of not gan State Statute), the Michigan Depart- more than 300 cubic yards as a single and ment of Environmental Quality (Depart- complete project when both of the following ment) issues permits for projects that are of criteria are met: a minor nature which are not controversial, (i) No reasonable expectation exists that which have minimal adverse environmental the materials to be dredged are polluted; and impact, which will be constructed of clean, (ii) All dredging materials will be removed non-polluting materials, which do not impair to an upland site exclusive of wetland areas. the use of the adjacent bottomlands by the (g) Structural repair of man-made struc- public, and which do not adversely affect ri- tures, except as exempted by Michigan State parian interests of adjacent owners. The fol- Administrative Rule R 322.1008(3), when their lowing projects are minor projects: design and purpose meet both of the fol- (a) Noncommercial single piers, docks, and lowing criteria: boat hoists which meet the following design (i) The repair does not alter the original criteria: use of a recently serviceable structure; and (i) are of a length or size not greater than (ii) The repair will not adversely affect the length or size of similar structures in the public trust values or interests, including vicinity and on the watercourse involved; navigation and water quality. and (h) Fish or wildlife habitat structures (ii) provide for the free littoral flow of which meet both of the following criteria: water and drift material. (i) Are placed so the structures do not im- (b) Spring piles and pile clusters when pede or create a navigational hazard; and their design and purpose is usual for such (ii) Are anchored to the bottomlands. projects in the vicinity and on the water- (i) Scientific structures such as staff course involved. gauges, water monitoring devices, water (c) Seawalls, bulkheads, and other perma- quality testing devices, survey devices, and nent revetment structures which meet all of core sampling devices, if the structures do the following purpose and design criteria: not impede or create a navigational hazard. (i) the proposed structure fulfills an identi- (j) Navigational aids which meet both of fiable need for erosion protection, bank sta- the following criteria: bilization, protection of uplands, or improve- (i) Are approved by the United States ments on uplands; Coast Guard; and (ii) the structure will be constructed of (ii) Are approved under Michigan State Act suitable materials free from pollutants, No. 303 of the Public Acts of 1967, as amend- waste metal products, debris, or organic ma- ed, being Section 281.1001 et seq. of the Michi- terials; gan Compiled Laws, and known as the Ma- (iii) the structure is not more than 300 feet rine Safety Act. in length and is located in an area on the (k) Extension of a project where work is body of water where other similar structures being performed under a current permit and already exist; which will result in no damage to natural re- (iv) the placement of backfill or other fill sources. associated with the construction does not ex- (l) A sand trap wall which meets all of the ceed an average of 3 cubic yards per running following criteria:

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(i) The wall is 300 feet or less in length land shoreline just north of Sandy along the shoreline; Point in Charles County, Maryland. (ii) The wall does not extend more than 30 From this intersection the sanctuary feet lakeward of the toe of bluff; boundary then follows the Maryland (iii) The wall is low profile, that is, it is not more than 1 foot above the existing shoreline south around Mallows Bay, water level; and Blue Banks, and Wades Bay cutting (iv) The wall is constructed of wood or across the mouths of creeks and steel or other non-polluting material. streams along the eastern shoreline of (m) Physical removal of man-made struc- the Potomac River until it intersects tures or natural obstructions which meet all the line formed between Point 42 and of the following criteria: Point 43 just south of Smith Point. Fi- (i) The debris and spoils shall be removed nally, from this intersection the sanc- to an upland site, not in a wetland, in a man- tuary boundary crosses the Potomac ner which will not allow erosion into public waters; River to the west in a straight line (ii) The shoreline and bottom contours until it reaches Point 43 north of the shall be restored to an acceptable condition; mouth of Aquia Creek in Stafford and County, Virginia, near Brent Point. (iii) Upon completion of structure removal, the site does not constitute a safety or navi- § 922.201 Definitions. gational hazard. Department staff shall con- (a) The following terms are defined sider fisheries and wildlife resource values for purposes of this subpart: when evaluating applications for natural ob- struction removal. (1) Sanctuary resource means any historical resource with the Sanctuary boundaries, as defined in § 922.3. This Subpart S—Mallows Bay—Poto- includes, but is not limited to, any mac River National Marine sunken watercraft and any associated Sanctuary rigging, gear, fittings, trappings, and equipment; the personal property of SOURCE: 84 FR 32603, July 8, 2019, unless the officers, crew, and passengers, and otherwise noted. any cargo; and any submerged or partially submerged prehistoric, historic, § 922.200 Boundary. cultural remains, such as docks, piers, The Mallows Bay-Potomac River Na- fishing-related remains (e.g., weirs, tional Marine Sanctuary consists of an fish-traps) or other cultural heritage area of approximately 18 square miles materials. Sanctuary resource also of waters of the state of Maryland and means any archaeological, historical, the submerged lands thereunder, over, and cultural remains associated with around, and under the underwater cul- or representative of historic or pre- tural resources in the Potomac River. historic American Indians and historic The precise boundary coordinates are groups or peoples and their activities. listed in appendix A to this subpart. (2) Traditional fishing means those The western boundary of the sanctuary commercial, recreational, and subsist- approximates the border between the ence fishing activities that were cus- Commonwealth of Virginia and the tomarily conducted within the Sanc- State of Maryland along the western tuary prior to its designation or expan- side of the Potomac River and begins sion, as identified in the relevant Final at Point 1 north of the mouth of Aquia Environmental Impact Statement and Creek in Stafford County, Virginia, Management Plan for this Sanctuary. near Brent Point. From this point the (b) All other terms appearing in the boundary continues to the north ap- regulations in this subpart are defined proximating the border between Vir- at 15 CFR 922.3, and/or in the Marine ginia and Maryland cutting across the Protection, Research, and Sanctuaries mouths of streams and creeks passing Act, as amended, 33 U.S.C. 1401 et seq., through the points in numerical order and 16 U.S.C. 1431 et seq. until it reaches Point 40 north of Tank Creek. From this point the sanctuary § 922.202 Joint management. boundary continues east across the Po- NOAA has primary responsibility for tomac River in a straight line towards the management of the Sanctuary pur- Point 41 until it intersects the Mary- suant to the Act. However, NOAA shall

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co-manage the Sanctuary in collabora- ment and Final Management Plan for tion with the State of Maryland and the Sanctuary (FEIS/FMP) is allowed Charles County. The Director shall to continue in the Sanctuary. The pro- enter into a Memorandum of Agree- hibitions in paragraphs (a)(1) through ment regarding this collaboration that (3) of this section do not apply to those shall address, but not be limited to, existing military activities or to the such aspects as areas of mutual con- following military activities conducted cern, including Sanctuary programs, by DoD: permitting, activities, development, (i) Low-level overflight of military and threats to Sanctuary resources. aircraft operated by DoD; § 922.203 Prohibited or otherwise reg- (ii) The designation of new units of ulated activities. special use airspace; (a) Except as specified in paragraphs (iii) The use or establishment of mili- (b) and (c) of this section, the following tary flight training routes; activities are prohibited and thus are (iv) Air or ground access to existing unlawful for any person to conduct or or new electronic tracking communica- to cause to be conducted: tions sites associated with special use (1) Moving, removing, recovering, al- airspace or military flight training tering, destroying, possessing, or oth- routes; or erwise injuring, or attempting to move, (v) Activities to reduce or eliminate remove, recover, alter, destroy, possess a threat to human life or property pre- or otherwise injure a Sanctuary re- sented by unexploded ordnances or mu- source, except as an incidental result nitions. of traditional fishing. This prohibition (3) New military activities that do does not apply to possessing historical not violate the prohibitions in para- resources removed from the Sanctuary graphs (a)(1) through (3) of this section area before the effective date of the are allowed. Any new military activity Sanctuary designation. that is likely to violate sanctuary pro- (2) Marking, defacing, or damaging in hibitions may become exempt through any way, or displacing or removing or consultation between the Director and tampering with any signs, notices, or placards, whether temporary or perma- DoD pursuant to section 304(d) of the nent, or with any monuments, stakes, NMSA. For purposes of this paragraph posts, buoys, or other boundary mark- (c)(3), the term ‘‘new military activ- ers related to the Sanctuary. ity’’ includes but is not limited to, any (3) Interfering with, obstructing, de- existing military activity that is modi- laying or preventing an investigation, fied in any way (including change in lo- search, seizure or disposition of seized cation, frequency, duration, or tech- property in connection with enforce- nology used) that is likely to destroy, ment of the Act or any regulation or cause the loss of, or injure a sanctuary any permit issued under the Act. resource, or is likely to destroy, cause (b) The prohibitions in paragraphs the loss of, or injure a sanctuary re- (a)(1) through (3) of this section do not source in a manner or to an extent that apply to any activity necessary to re- was not considered in a previous con- spond to an emergency threatening sultation under section 304(d) of the life, property or the environment; or to NMSA. activities necessary for valid law en- (4) In the event of destruction of, loss forcement purposes. of, or injury to a sanctuary resource or (c)(1) All military activities shall be quality resulting from an incident, in- carried out in a manner that avoids to cluding but not limited to spills and the maximum extent practicable any groundings caused by DoD, the cog- adverse impact on sanctuary resources nizant component shall promptly co- and qualities. (2) Any existing military activity ordinate with the Director for the pur- conducted by DoD prior to the effective pose of taking appropriate actions to date of the regulations in this subpart prevent, respond to or mitigate the and as specifically identified in the harm and, if possible, restore or replace Final Environmental Impact State- the sanctuary resource or quality.

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§ 922.204 Emergency regulations. and qualities, taking into account the (a) Where necessary to prevent or following factors: minimize the destruction of, loss of, or (i) The extent to which the conduct injury to a Sanctuary resource, or to of the activity may diminish or en- minimize the imminent risk of such de- hance national marine sanctuary re- struction, loss, or injury, any and all sources and qualities; and activities, other than DoD activities, (ii) Any indirect, secondary or cumu- are subject to immediate temporary lative effects of the activity. regulation, including prohibition. An (2) It is necessary to conduct the pro- emergency regulation shall not take posed activity within the national ma- effect without the approval of the Gov- rine sanctuary to achieve its stated ernor of Maryland or her/his designee purpose. or designated agency. (3) The methods and procedures pro- (b) Emergency regulations remain in posed by the applicant are appropriate effect until a date fixed in the rule or to achieve the proposed activity’s stat- six months after the effective date, ed purpose and eliminate, minimize, or whichever is earlier. The rule may be mitigate adverse effects on sanctuary extended once for not more than six resources and qualities as much as pos- months. sible. (4) The duration of the proposed ac- § 922.205 Permit procedures and re- tivity and its effects are no longer than view criteria. necessary to achieve the activity’s (a) Authority to issue general permits. stated purpose. The Director may allow a person to (5) The expected end value of the ac- conduct an activity that would other- tivity to the furtherance of national wise be prohibited by this subpart, marine sanctuary goals and purposes through issuance of a general permit, outweighs any potential adverse im- provided the applicant complies with: pacts on sanctuary resources and quali- (1) The provisions of subpart E of this ties from the conduct of the activity. part; and (6) The applicant is professionally (2) The relevant site-specific regula- qualified to conduct and complete the tions appearing in this subpart. proposed activity. (b) Sanctuary general permit categories. (7) The applicant has adequate finan- The Director may issue a sanctuary cial resources available to conduct and general permit under this subpart, sub- complete the proposed activity and ject to such terms and conditions as he terms and conditions of the permit. or she deems appropriate, if the Direc- (8) There are no other factors that tor finds that the proposed activity would make the issuance of a permit falls within one of the following cat- for the activity inappropriate. egories: (1) Research—activities that con- § 922.206 Certification of preexisting stitute scientific research on or sci- leases, licenses, permits, approvals, entific monitoring of national marine other authorizations, or rights to sanctuary resources or qualities; conduct a prohibited activity. (2) Education—activities that en- (a) A person may conduct an activity hance public awareness, understanding, prohibited by § 922.203(a)(1) through (3) or appreciation of a national marine if such activity is specifically author- sanctuary or national marine sanc- ized by a valid Federal, state, or local tuary resources or qualities; or lease, permit, license, approval, or (3) Management—activities that as- other authorization, or tribal right of sist in managing a national marine subsistence use or access in existence sanctuary. prior to the effective date of sanctuary (c) Review criteria. The Director shall designation and within the sanctuary not issue a permit under this subpart, designated area and complies with unless he or she also finds that: § 922.49 and provided that the holder of (1) The proposed activity will be con- the lease, permit, license, approval, or ducted in a manner compatible with other authorization complies with the the primary objective of protection of requirements of paragraph (e) of this national marine sanctuary resources section.

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(b) In considering whether to make is otherwise in compliance with this the certifications called for in this sec- section. tion, the Director may seek and con- (g) The Director may request addi- sider the views of any other person or tional information from the certifi- entity, within or outside the Federal cation requester as he or she deems government, and may hold a public reasonably necessary to condition ap- hearing as deemed appropriate. propriately the exercise of the certified (c) The Director may amend, sus- authorization or right to achieve the pend, or revoke any certification made purposes for which the Sanctuary was under this section whenever continued designated. The Director must receive operation would otherwise be incon- the information requested within 45 sistent with any terms or conditions of days of the postmark date of the re- the certification. Any such action shall quest. The Director may seek the views be forwarded in writing to both the of any persons on the certification re- holder of the certified permit, license, quest. or other authorization and the issuing (h) The Director may amend any cer- agency and shall set forth reason(s) for tification made under this section the action taken. whenever additional information be- (d) Requests for findings or certifi- comes available that he/she determines cations should be addressed to the Di- justifies such an amendment. (i) Upon completion of review of the rector, Office of National Marine Sanc- authorization or right and information tuaries; ATTN: Sanctuary Super- received with respect thereto, the Di- intendent, Mallows Bay-Potomac Na- rector shall communicate, in writing, tional Marine Sanctuary, 1305 East any decision on a certification request West Hwy., 11th Floor, Silver Spring, or any action taken with respect to MD 20910. A copy of the lease, permit, any certification made under this sec- license, approval, or other authorization, in writing, to both the holder of tion must accompany the request. the certified lease, permit, license, ap- (e) For an activity described in para- proval, other authorization, or right, graph (a) of this section, the holder of and the issuing agency, and shall set the authorization or right may conduct forth the reason(s) for the decision or the activity prohibited by § 922.203(a)(1) action taken. through (3) provided that: (j) The holder may appeal any action (1) The holder of such authorization conditioning, amending, suspending, or or right notifies the Director, in writ- revoking any certification in according, within 180 days of the FEDERAL ance with the procedures set forth in REGISTER notification announcing of § 922.50. effective date of the Sanctuary des- (k) Any time limit prescribed in or ignation, of the existence of such au- established under this section may be thorization or right and requests cer- extended by the Director for good tification of such authorization or cause. right; (2) The holder complies with the APPENDIX A TO SUBPART S OF PART other provisions of this section; and 922—MALLOWS BAY-POTOMAC RIVER (3) The holder complies with any MARINE SANCTUARY BOUNDARY DE- terms and conditions on the exercise of SCRIPTION AND COORDINATES OF THE such authorization or right imposed as LATERAL BOUNDARY CLOSURES AND a condition of certification, by the Di- EXCLUDED AREAS rector, to achieve the purposes for Coordinates listed in this appendix are which the Sanctuary was designated. unprojected (Geographic) and based on the (f) The holder of an authorization or North American Datum of 1983. right described in paragraph (a) of this section authorizing an activity prohib- TABLE 1—COORDINATES FOR SANCTUARY ited by § 922.203 may conduct the activ- Point ID Latitude Longitude ity without being in violation of applicable provisions of § 922.203, pending 1 ...... 38.39731 ¥77.31008 2 ...... 38.39823 ¥77.31030 final agency action on his or her cer- 3 ...... 38.39856 ¥77.31059 tification request, provided the holder 4 ...... 38.39886 ¥77.31074

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TABLE 1—COORDINATES FOR SANCTUARY— Article I: Effect of Designation Continued The NMSA authorizes the issuance of such regulations as are necessary and reasonable Point ID Latitude Longitude to implement the designation, including 5 ...... 38.39917 ¥77.31067 managing and protecting the historical re- 6 ...... 38.40014 ¥77.31074 sources and recreational, research, and edu- 7 ...... 38.40090 ¥77.31145 cational qualities of the Mallows Bay-Poto- ¥ 8 ...... 38.40138 77.31215 mac River National Marine Sanctuary (the 9 ...... 38.40197 ¥77.31236 10 ...... 38.40314 ¥77.31278 ‘‘Sanctuary’’). Section 1 of Article IV of this 11 ...... 38.40658 ¥77.31377 appendix lists those activities that may have 12 ...... 38.40984 ¥77.31465 to be regulated on the effective date of des- 13 ...... 38.41388 ¥77.31692 ignation, or at some later date, in order to 14 ...... 38.41831 ¥77.31913 protect Sanctuary resources and qualities. ¥ 15 ...... 38.41974 77.31930 Listing an activity does not necessarily 16 ...... 38.42352 ¥77.31971 17 ...... 38.42548 ¥77.32030 mean that it will be regulated; however, if an 18 ...... 38.42737 ¥77.32081 activity is not listed it may not be regu- 19 ...... 38.43091 ¥77.32240 lated, except on an emergency basis, unless 20 ...... 38.43163 ¥77.32242 Section 1 of Article IV is amended by the 21 ...... 38.43350 ¥77.32263 same procedures by which the original Sanc- ¥ 22 ...... 38.43384 77.32269 tuary designation was made. 23 ...... 38.43430 ¥77.32265 24 ...... 38.43461 ¥77.32229 25 ...... 38.43498 ¥77.32146 Article II: Description of the Area ¥ 26 ...... 38.43526 77.32057 The Mallows Bay-Potomac River National 27 ...... 38.43522 ¥77.32040 28 ...... 38.47321 ¥77.31845 Marine Sanctuary consists of an area of ap- 29 ...... 38.47434 ¥77.31874 proximately 18 square miles of waters of the 30 ...... 38.47560 ¥77.31752 State of Maryland and the submerged lands 31 ...... 38.47655 ¥77.31686 thereunder, over, around, and under the un- ¥ 32 ...... 38.47748 77.31666 derwater cultural resources in the Potomac 33 ...... 38.47821 ¥77.31604 34 ...... 38.47871 ¥77.31554 River between Stafford County, Virginia, 35 ...... 38.47885 ¥77.31563 and Charles County, Maryland. The western 36 ...... 38.47905 ¥77.31559 boundary of the sanctuary approximates the 37 ...... 38.47921 ¥77.31578 border between the Commonwealth of Vir- 38 ...... 38.47943 ¥77.31592 ginia and the State of Maryland for roughly ¥ 39 ...... 38.47985 77.31592 6 miles along the Potomac River, beginning 40 ...... 38.48493 ¥77.31335 41 * ...... 38.48554 ¥77.27298 north of the mouth of Aquia Creek in Staf- 42 * ...... 38.39793 ¥77.25704 ford County, Virginia, near Brent Point and 43 ...... 38.39731 ¥77.31008 continuing north past Widewater, VA, and Clifton Point to a point north of Tank Creek. NOTE 1 TO TABLE 1 OF THIS APPENDIX: The From this point the sanctuary boundary coordinates in the table above marked with crosses the Potomac to the east until it an asterisk (*) are not a part of the sanc- intersects the Maryland shoreline just north tuary boundary. These coordinates are land- of Sandy Point in Charles County, MD. From ward reference points used to draw a line this point the eastern boundary of the sanc- segment that intersects with the shoreline. tuary, approximately 8 miles in total length, follows the Maryland shoreline south past APPENDIX B TO SUBPART S OF PART Mallows Bay, Blue Banks, and Wades Bay to 922—MALLOWS BAY-POTOMAC RIVER a point just south of Smith Point. From this MARINE SANCTUARY TERMS OF DES- location the sanctuary boundary crosses the IGNATION Potomac River to the west back to its point of origin north of the mouth of Aquia Creek TERMS OF DESIGNATION FOR THE MALLOWS near Brent Point on the Virginia side of the BAY–POTOMAC RIVER NATIONAL MARINE river. SANCTUARY Article III: Special Characteristics of the Area Under the authority of the National Ma- rine Sanctuaries Act, as amended (the ‘‘Act’’ Mallows Bay-Potomac River National Ma- or ‘‘NMSA’’), 16 U.S.C. 1431 et seq., certain rine Sanctuary and its surrounding waters waters and submerged lands located off the contain a diverse collection more than 100 Nanjemoy Peninsula of Charles County, known historic shipwreck vessels dating Maryland, and along the tidal Potomac back to the Civil War and potentially dating River and its surrounding waters are hereby back to the Revolutionary War, as well as designated as a National Marine Sanctuary archaeological artifacts dating back 12,000 for the purposes of providing long-term pro- years indicating the presence of some of the tection and management of the historical re- region’s earliest American Indian cultures, sources and recreational, research, edu- including the Piscataway Indian Nation and cational, and aesthetic qualities of the area. the Piscataway Conoy Confederacy and Sub-

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Tribes of Maryland. The area is most re- gency regulation shall not take effect with- nowned for the remains of over 100 wooden out the approval of the Governor of Mary- steamships, known as the ‘‘Ghost Fleet,’’ land or her/his designee or designated agen- that were built for the U.S. Emergency Fleet cy. between 1917–1919 as part of U.S. engagement in WWI. Their construction at more than 40 Article V: Relation to Other Regulatory shipyards in 17 states reflects the massive Program national wartime effort that drove the ex- Section 1. Fishing Regulations, Licenses, pansion and economic development of com- and Permits. Fishing in the Sanctuary shall munities and related maritime service indus- not be regulated as part of the Sanctuary tries including the present-day Merchant management regime authorized by the Act. Marines. The area is contiguous to the Cap- However, fishing in the Sanctuary may be tain John Smith Chesapeake National His- regulated by other Federal, State, Tribal and toric Trail, the Star Spangled Banner Na- local authorities of competent jurisdiction, tional Historic Trail, the Potomac Heritage and designation of the Sanctuary shall have National Scenic Trail and the Lower Poto- no effect on any regulation, permit, or li- mac Water Trail which offer meaningful edu- cense issued thereunder. cational and recreational opportunities centered on the region’s culture, heritage and Section 2. Other Regulations, Licenses, and history. Additionally, the structure provided Permits. If any valid regulation issued by by the vessels and related infrastructure any federal, state, Tribal, or local authority serve as important habitat to thriving popu- of competent jurisdiction, regardless of when lations of recreational fisheries, bald eagles, issued, conflicts with a Sanctuary regula- and other aquatic species. The area’s listing tion, the regulation deemed by the Director on the National Historical Register of Places of the Office of National Marine Sanctuaries, in 2015 codifies the historical, archaeological National Oceanic and Atmospheric Adminis- and recreational significance of the Ghost tration, or designee, in consultation with the Fleet and related maritime cultural heritage State of Maryland, to be more protective of sites in and around Mallows Bay-Potomac Sanctuary resources and qualities shall gov- River National Marine Sanctuary. ern. Pursuant to section 304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), no valid lease, permit, li- Article IV: Scope of Regulations cense, approval, or other authorization issued by any federal, state, Tribal, or local Section 1. Activities Subject to Regula- authority of competent jurisdiction, or any tion. The following activities are subject to right of subsistence use or access, may be regulation, including prohibition, to the ex- terminated by the Secretary of Commerce, tent necessary and reasonable to ensure the protection and management of the historical or designee, as a result of this designation, resources and recreational, research and edu- or as a result of any Sanctuary regulation, if cational qualities of the area: such lease, permit, license, approval, or a. Moving, removing, recovering, altering, other authorization, or right of subsistence destroying, possessing, or otherwise injuring, use or access was issued or in existence as of or attempting to move, remove, recover, the effective date of this designation. How- alter, destroy, possess or otherwise injure a ever, the Secretary of Commerce or designee, Sanctuary resource, except as an incidental in consultation with the State of Maryland, result of traditional fishing (as defined in the may regulate the exercise of such authoriza- regulations). tion or right consistent with the purposes for b. Marking, defacing, or damaging in any which the Sanctuary is designated. way, or displacing or removing or tampering Section 3. Department of Defense Activi- with any signs, notices, or placards, whether ties. DoD activities shall be carried out in a temporary or permanent, or with any monu- manner that avoids to the maximum extent ments, stakes, posts, buoys, or other bound- practicable any adverse impacts on sanc- ary markers related to the Sanctuary. tuary resources and qualities. Any existing c. Interfering with, obstructing, delaying military activity conducted by DoD prior to or preventing an investigation, search, sei- the effective date of the regulations in this zure or disposition of seized property in con- subpart and as specifically identified in the nection with enforcement of the Act or any Final Environmental Impact Statement and regulation issued under the Act. Final Management Plan for the Sanctuary Section 2. NOAA will not exercise its au- (FEIS/FMP) is allowed to continue in the thority under the NMSA to regulate fishing Sanctuary. The prohibitions in § 922.203(a)(1) in the Sanctuary. through (3) do not apply to those existing Section 3. Emergencies. Where necessary military activities listed in the FEIS/FMP or to prevent or minimize the destruction of, the military activities conducted by DoD loss of, or injury to a Sanctuary resource; or listed in § 922.203(c)(2). New military activi- minimize the imminent risk of such destruc- ties that do not violate the prohibitions in tion, loss, or injury, any activity, including paragraphs (a)(1) through (3) of this section those not listed in Section 1, is subject to are allowed. Any new military activity that immediate temporary regulation. An emer- is likely to violate sanctuary prohibitions

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may become exempt through consultation 923.34 Interstate boundary. between the Director and DoD pursuant to section 304(d) of the NMSA. The term ‘‘new Subpart E—Authorities and Organization military activity’’ includes but is not limited to, any existing military activity that is 923.40 General. modified in any way (including change in lo- 923.41 Identification of authorities. cation, frequency, duration, or technology 923.42 State establishment of criteria and used) that is likely to destroy, cause the loss standards for local implementation— of, or injure a sanctuary resource, or is like- Technique A. ly to destroy, cause the loss of, or injure a 923.43 Direct State land and water use plan- sanctuary resource in a manner or to an ex- ning and regulation—Technique B. tent that was not considered in a previous 923.44 State review on a case-by-case basis consultation under section 304(d) of the of actions affecting land and water uses NMSA. In the event of destruction of, loss of, subject to the management program— or injury to a sanctuary resource or quality Technique C. resulting from an incident, including but not 923.45 Air and water pollution control re- limited to spills and groundings caused by quirements. DoD, the cognizant component shall prompt- 923.46 Organizational structure. ly coordinate with the Director for the pur- 923.47 Designated State agency. pose of taking appropriate actions to pre- 923.48 Documentation. vent, respond to or mitigate the harm and, if possible, restore or replace the sanctuary re- Subpart F—Coordination, Public source or quality. Involvement and National Interest Article VI. Alteration of This Designation 923.50 General. The terms of designation may be modified 923.51 Federal-State consultation. only by the same procedures by which the 923.52 Consideration of the national interest original designation is made, including pub- in facilities. lic meetings, consultation according to the 923.53 Federal consistency procedures. NMSA. 923.54 Mediation. 923.55 Full participation by State and local PART 923—COASTAL ZONE MAN- governments, interested parties, and the AGEMENT PROGRAM REGULA- general public. TIONS 923.56 Plan coordination. 923.57 Continuing consultation. 923.58 Public hearings. Subpart A—General Sec. Subpart G—Review/Approval Procedures 923.1 Purpose and scope. 923.2 Definitions. 923.60 Review/approval procedures. 923.3 General requirements. Subpart H—Changes to Approved Subpart B—Uses Subject to Management Management Programs 923.10 General. 923.80 General. 923.11 Uses subject to management. 923.81 Program change procedures, dead- 923.12 Uses of regional benefit. lines, public notice and comment, and 923.13 Energy facility planning process. application of approved changes. 923.82 Program change submissions. Subpart C—Special Management Areas 923.83 Program change materials. 923.84 Program change decision criteria. 923.20 General. 923.85 Procedural requirements of other 923.21 Areas of particular concern. Federal law. 923.22 Areas for preservation or restoration. 923.23 Other areas of particular concern. Subpart I—Applications for Program 923.24 Shorefront access and protection planning. Development of Implementation Grants 923.25 Shoreline erosion/mitigation plan- 923.90 General. ning. 923.91 State responsibility. Subpart D—Boundaries 923.92 Allocation. 923.93 Eligible implementation costs. 923.30 General. 923.94 Application for program development 923.31 Inland boundary. or implementation grants. 923.32 Lakeward or seaward boundary. 923.95 Approval of applications. 923.33 Excluded lands. 923.96 Grant amendments.

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