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Thursday, November 20, 2008

Part III

Department of Commerce National Oceanic and Atmospheric Administration

15 CFR Part 922 Gulf of the Farallones National Marine Sanctuary Regulations; National Marine Sanctuary Regulations; and Cordell Bank National Marine Sanctuary Regulations; Final Rule

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DEPARTMENT OF COMMERCE 20910. Copies are also available on the reaches a width of 37 statute miles (32 Web at http:// nmi). Shoreward of the Farallon Islands, National Oceanic and Atmospheric www.sanctuaries.nos.noaa.gov. the continental shelf is a relatively flat Administration FOR FURTHER INFORMATION CONTACT: John sandy/muddy plain, which slopes Armor, NOAA Office of National Marine gently to the west and north from the 15 CFR Part 922 Sanctuaries, 301–713–7234. mainland shoreline. The Farallon Islands lie along the outer edge of the [Docket No. 080302355–81415–02] SUPPLEMENTARY INFORMATION: continental shelf, between 15 and 22 RINs 0648–AT14, 0648–AT15, 0648–AT16 I. Background statute miles (13 and 19 nmi) southwest Pursuant to section 304(e) of the of Point Reyes and approximately 30 Gulf of the Farallones National Marine statute miles (26 nmi) due west of San Sanctuary Regulations; Monterey Bay National Marine Sanctuaries Act (16 U.S.C. 1434 et seq.) (NMSA), the Francisco. In addition to sandy beaches, National Marine Sanctuary rocky cliffs, small coves, and offshore Regulations; and Cordell Bank National Marine Sanctuary Program 1 stacks, the GFNMS includes open bays National Marine Sanctuary Regulations (NMSP) conducted a review of the management plans for the GFNMS, (Bodega Bay, Drakes Bay) and enclosed AGENCY: National Marine Sanctuary CBNMS, and MBNMS. The review bays or (Bolinas , Program (NMSP), National Ocean resulted in revised management plans Tomales Bay, Estero Americano, and Service (NOS), National Oceanic and for the sanctuaries, revisions to existing Estero de San Antonio). Atmospheric Administration (NOAA), regulations (including new regulatory B. CBNMS Background Department of Commerce (DOC). prohibitions), and changes to the terms NOAA established the CBNMS in of designation for each sanctuary. On ACTION: Final rule. 1989 to protect and preserve the October 6, 2006, NOAA issued notices extraordinary ecosystem, including SUMMARY: The National Oceanic and of availability of the DMPs and DEIS, marine birds, mammals, and other Atmospheric Administration (NOAA) is and published the associated proposed natural resources of Cordell Bank and issuing final revised management plans rules. (GFNMS, 71 FR 59338; CBNMS, its surrounding waters. The CBNMS and revised regulations for the Gulf of 71 FR 59039; and MBNMS, 71 FR protects an area of 529 square statute the Farallones, Cordell Bank, and 59050). On March 27, 2008, NOAA miles (399 square nautical miles) off the Monterey Bay national marine published a supplemental proposed rule northern coast. The main sanctuaries (GFNMS, CBNMS, and relating to discharges from vessels 300 feature of the sanctuary is Cordell Bank, MBNMS respectively). This final rule gross registered tons or more in the an offshore granite bank located on the updates the existing regulations for three sanctuaries (73 FR 16224). This edge of the continental shelf, about 43 these three sanctuaries and establishes final rule publishes the response to nautical miles (nmi) northwest of the new regulatory prohibitions for them. comments on the proposed rule and the Golden Gate Bridge and 23 statute miles New prohibitions contained in this final final regulations for the GFNMS, (20 nmi) west of the Point Reyes rule include restrictions on: the CBNMS, and MBNMS, and announces lighthouse. The CBNMS is entirely introduction of introduced species; the availability of the final revised offshore and shares its southern and discharges from cruise ships and other management plans. eastern boundary with the GFNMS. The vessels; attracting or approaching white A. GFNMS Background CBNMS eastern boundary is six miles sharks in GFNMS; anchoring vessels in from shore and the western boundary is in Tomales Bay; deserting NOAA established the GFNMS in the 1000 fathom isobath on the edge of vessels; motorized personal watercraft 1981 to protect and preserve a unique the continental slope. The CBNMS is use in the MBNMS (definition revision); and fragile ecological community, located in one of the world’s four major and, possessing, moving, or injuring including the largest colony in coastal systems. The historic resources. This final rule also the contiguous United States and combination of oceanic conditions and codifies three dredge disposal sites in diverse and abundant marine mammals. undersea topography provides for a the MBNMS that existed prior to the The GFNMS lies off the coast of highly productive environment in a MBNMS designation in 1992 and California, to the west and north of San discrete, well-defined area. The vertical expands the boundaries of the MBNMS Francisco. The GFNMS is composed of relief and hard substrate of the Bank to include the Davidson and 1,279 square statute miles (966 square provide benthic with near-shore surrounding area. nautical miles) of offshore waters extending out to and around the characteristics in an open ocean DATES: Effective Date: Pursuant to environment 23 statute miles (20 nmi) section 304(b) of the National Marine Farallon Islands and nearshore waters (up to the mean high tide line) from from shore. Sanctuaries Act (NMSA) (16 U.S.C. Bodega Head to Rocky Point in Marin. 1434(b)), the revised designations and C. MBNMS Background The GFNMS is characterized by the regulations shall take effect and become widest continental shelf on the west NOAA established the MBNMS in final after the close of a review period coast of the contiguous United States. In 1992 for the purposes of protecting and of forty-five days of continuous session the Gulf of the Farallones, the shelf managing the conservation, ecological, of Congress beginning on November 20, recreational, research, educational, 2008. Announcement of the effective 1 The National Marine Sanctuary Program was historical, and esthetic resources and date of the final regulations will be recently elevated to an ‘‘Office’’ level within qualities of the area. The MBNMS is published in the Federal Register. NOAA’s National Ocean Service (NOS). Therefore, located offshore of California’s central ADDRESSES: Copies of the final the official name of the operating unit within coast, adjacent to and south of the NOAA that implements the National Marine management plans and final Sanctuaries Act is now the National Ocean Service GFNMS. It encompasses a shoreline environmental impact statement and the Office of National Marine Sanctuaries. However, to length of approximately 276 statute record of decision are available upon minimize confusion that might be created by using miles (240 nmi) between Marin Rocky different operating unit names between proposed request to NOAA’s Office of National rule and final rule, we have chosen to use National Pt. in Marin County and Cambria in San Marine Sanctuaries, 1305 East-West Marine Sanctuary Program and its associated Luis Obispo County and, with the Highway, N/NMS, Silver Spring, MD acronym NMSP in this document. inclusion of the Davidson Seamount,

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approximately 6,094 square statute Title III of the Marine Protection, 3. Updates miles (4,602 square nautical miles) of Research, and Sanctuaries Act (now also NOAA is also modifying the GFNMS ocean and coastal waters, and the known as the NMSA) characterized terms of designation to provide: an submerged lands thereunder, extending national marine sanctuaries as updated and more complete description an average distance of 30 statute miles consisting of coastal and ocean waters of characteristics that give the sanctuary (26 nmi) from shore. Supporting some of but did not expressly mention particular value; greater clarity on the the world’s most diverse marine submerged lands thereunder. NOAA has applicability of sanctuary emergency ecosystems, it is home to numerous consistently interpreted its authority regulations (and consistency with the mammals, , , under the NMSA as extending to National Marine Sanctuary Program invertebrates, sea turtles and plants in a submerged lands, and amendments to regulations of general applicability, 15 remarkably productive coastal the NMSA in 1984 (Pub. L. 98–498) CFR Part 922, Subpart E); an updated environment. clarified that submerged lands may be explanation of the effect of Sanctuary II. Revisions to Sanctuary Terms of designated by the Secretary of authority on preexisting leases, permits, Designation Commerce as part of a national marine licenses, and rights; and various minor sanctuary (16 U.S.C. 1432(3)). Therefore, revisions to conform wording of the Section 304(a)(4) of the NMSA (16 NOAA is modifying the GFNMS terms Designation Document, where U.S.C. 1434(a)(4)) requires that, in of designation and the boundary appropriate, to wording used for more designating national marine sanctuaries, description to replace the term ‘‘seabed’’ recently designated sanctuaries. In NOAA specify the sanctuary’s ‘‘terms of with ‘‘submerged lands.’’ Additionally, Article V (Relation to Other Regulatory designation.’’ The NMSA requires that boundary coordinates in the revised Programs), the ‘‘Fishing and Waterfowl each sanctuary’s terms of designation terms of designation and in the Hunting’’ section is revised to clarify the include: original intent that, although the 1. The geographic area proposed to be sanctuary regulations are expressed by Sanctuary does not have authority to included within the sanctuary; coordinates based on the North regulate fishing, fishing vessels may be 2. The characteristics of the area that American Datum of 1983 (NAD 83). regulated with respect to activities such give it conservation, recreational, 2. List of Regulated Activities as discharge/deposit and anchoring in ecological, historical, research, accordance with Article IV. No changes educational, or esthetic value; and NOAA is also revising the GFNMS are made to the ‘‘Defense Activities’’ 3. The types of activities that will be terms of designation to modify the list subject to regulation by the Secretary of section of the Designation Document. of activities that may be regulated. The An additional change to the terms of Commerce to protect those revised terms of designation now also designation updates Article VI regarding characteristics. authorize regulation of: discharging or the process to modify the terms of The NMSA further requires that terms depositing from beyond the boundary of designation. This change deletes the of designation be modified only by the sanctuary; activities regarding requirement that modifications must be following the same procedures for cultural or historical resources; taking or approved by the President of the United designating the sanctuary. possessing any , sea States and replaces it with a Following the extensive public turtle, or bird within or above the process for reviewing the management requirement that changes be approved Sanctuary except as authorized by the by the Secretary of Commerce or his or plans for the sanctuaries, NOAA Marine Mammal Protection Act, determined that revisions to all three her designee. This change is consistent Endangered Species Act, and the with amendments to the NMSA enacted sanctuaries’ terms of designation are Migratory Bird Treaty Act; introducing necessary to ensure they continue to after the sanctuary was designated in or otherwise releasing from within or reflect current management priorities. 1981. into the sanctuary an introduced The revised terms of designation The sections below describe the changes species; attracting or approaching any printed below replace the current terms NOAA is making to each sanctuary’s animal; and operating a vessel (i.e., of designation first printed in the terms of designation and provide a watercraft of any description) within the Federal Register on January 26, 1981 printed version of each (as modified) in (46 FR 7936). its entirety. sanctuary, including but not limited to, anchoring or deserting a vessel. These REVISED DESIGNATION DOCUMENT A. Revisions to the GFNMS Terms of revisions will enable NOAA to more FOR GULF OF THE FARALLONES Designation effectively and efficiently address new NATIONAL MARINE SANCTUARY NOAA is revising the GFNMS terms and emerging resource management of designation to: issues, and are necessary in order to Preamble • Clarify that submerged lands are ensure protection, preservation, and Under the authority of Title III of the part of the GFNMS; management of the conservation, Marine Protection, Research and • Revise the description of activities recreational, ecological, historical, Sanctuaries Act of 1972, Public Law 92– that may be regulated to include cultural, educational, archeological, 532 (the Act), the waters and submerged additional activities; and scientific, and esthetic resources and lands along the Coast of California north • Make minor updates to ensure the qualities of the GFNMS. Finally, a and south of Point Reyes Headlands, text reflects the current text of the technical correction is being made to between Bodega Head and Rocky Point NMSA and to ensure its description of Article V to delete the phrase ‘‘and in and surrounding the Farallon Islands, the area is current. Article IV’’ from the statement that are hereby designated a National Marine 2 1. Submerged Lands ‘‘fishing’’ includes mariculture. The Sanctuary for the purposes of preserving term ‘‘fishing’’ does not appear in and protecting this unique and fragile NOAA is clarifying that the Article IV. ecological community. submerged lands of GFNMS are legally Article I. Effect of Designation part of the sanctuary and included in 2 Throughout this document, the term the boundary description. At the time ‘‘mariculture’’ means the same as ‘‘marine Within the area designated in 1981 as the sanctuary was designated in 1981, aquaculture.’’ The Point Reyes/Farallon Islands

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National Marine Sanctuary (the c. Drilling into, dredging, or otherwise waterfowl hunting, including Sanctuary) described in Article II, the altering the submerged lands of the regulations promulgated under the Act authorizes the promulgation of such Sanctuary; or constructing, placing, or California and Game Code and regulations as are reasonable and abandoning any structure, material, or Fishery Management Plans promulgated necessary to protect the values of the other matter on or in the submerged under the Magnuson-Stevens Fishery Sanctuary. Section 1 of Article IV of this lands of the Sanctuary; Conservation and Management Act, 16 Designation Document lists activities of d. Activities regarding cultural or U.S.C. 1801 et seq., will remain in the types that are either to be regulated historical resources; effect, and all permits, licenses, and on the effective date of final rulemaking e. Introducing or otherwise releasing other authorizations issued pursuant or may have to be regulated at some from within or into the Sanctuary an thereto will be valid within the later date in order to protect Sanctuary introduced species; Sanctuary unless authorizing any resources and qualities. Listing does not f. Taking or possessing any marine activity prohibited by any regulation necessarily mean that a type of activity mammal, , or bird within implementing Article IV. will be regulated; however, if a type of or above the Sanctuary except as The term ‘‘fishing’’ as used in this activity is not listed it may not be permitted by the Marine Mammal Article includes mariculture. regulated, except on an emergency Protection Act, Endangered Species Act Section 2. Defense Activities basis, unless section 1 of Article IV is and Migratory Bird Treaty Act; amended to include the type of activity g. Attracting or approaching any The regulation of activities listed in by the same procedures by which the animal; and Article IV shall not prohibit any original designation was made. h. Operating a vessel (i.e., watercraft Department of Defense activity that is essential for national defense or because Article II. Description of the Area of any description) within the Sanctuary. of emergency. Such activities shall be The Sanctuary consists of an area of consistent with the regulations to the the waters and the submerged lands Section 2. Consistency With maximum extent practicable. thereunder adjacent to the coast of International Law Section 3. Other Programs California of approximately 966 square The regulations governing the nautical miles (nmi), extending seaward activities listed in section 1 of this All applicable regulatory programs to a distance of 6 nmi from the Article will apply to foreign flag vessels will remain in effect, and all permits, mainland from Point Reyes to Bodega and persons not citizens of the United licenses, and other authorizations Bay and 12 nmi west from the Farallon States only to the extent consistent with issued pursuant thereto will be valid Islands and Noonday Rock, and recognized principles of international within the Sanctuary unless prohibited including the intervening waters and law, including treaties and international by regulations implementing Article IV. submerged lands. The precise agreements to which the United States The Sanctuary regulations will set forth boundaries are defined by regulation. is signatory. any necessary certification procedures. Article III. Characteristics of the Area Section 3. Emergency Regulations Article VI. Alterations to This That Give It Particular Value Designation Where necessary to prevent or The Sanctuary includes a rich and minimize the destruction of, loss of, or The terms of designation, as defined diverse and a wide injury to a Sanctuary resource or under section 304(a) of the Act, may be variety of marine , including quality, or minimize the imminent risk modified only by the same procedures habitat for over 36 species of marine of such destruction, loss, or injury, any by which the original designation is mammals. Rookeries for over half of made, including public hearings, California’s nesting marine bird and all activities, including those not listed in section 1 of this Article, are consultation with interested Federal, populations and nesting areas for at State, and local agencies, review by the least 12 of 16 known U.S. nesting subject to immediate temporary regulation, including prohibition. appropriate Congressional committees marine bird species are found within and Governor of the State of California, the boundaries. Abundant populations Article V. Relation to Other Regulatory and approval by the Secretary of of fish and shellfish are also found Programs Commerce or designee. within the Sanctuary. The Sanctuary [END OF DESIGNATION DOCUMENT] also has one of the largest seasonal Section 1. Fishing and Waterfowl concentrations of white sharks Hunting B. Revisions to the CBNMS Terms of (Carcharodon carcharias) in the world. The regulation of fishing, including Designation Article IV. Scope of Regulation fishing for shellfish and invertebrates, NOAA is revising the CBNMS terms and waterfowl hunting, is not of designation to: Section 1. Activities Subject to authorized under Article IV. However, • Clarify that submerged lands are a Regulation fishing vessels may be regulated with part of the CBNMS; The following activities are subject to respect to vessel operations in • Revise the description of activities regulation, including prohibition, as accordance with Article IV, section 1, that may be regulated to include may be necessary to ensure the paragraphs (b) and (h), and mariculture additional activities; management, protection, and activities involving alterations of or • Make minor updates to ensure the preservation of the conservation, construction on the seabed, or release of text reflects the current text of the recreational, ecological, historical, introduced species by mariculture NMSA and to ensure its description of cultural, archeological, scientific, activities not covered by a valid lease the area is current. educational, and aesthetic resources and from the State of California and in effect 1. Submerged Lands qualities of this area: on the effective date of the final a. Hydrocarbon operations; regulation, can be regulated in NOAA is clarifying that the b. Discharging or depositing any accordance with Article IV, section 1, submerged lands of the CBNMS are substance within or from beyond the paragraph (c) and (e). All regulatory legally part of the sanctuary and are boundary of the Sanctuary; programs pertaining to fishing, and to included in the boundary description.

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At the time the sanctuary was ‘‘Defense Activities’’ section of the Article III. Characteristics of the Area designated in 1989, Title III of the Designation Document. That Give It Particular Value Marine Protection, Research, and Revised Designation Document for the Cordell Bank is characterized by a Sanctuaries Act (now also known as the Cordell Bank National Marine combination of oceanic conditions and National Marine Sanctuaries Act) Sanctuary undersea topography that provides for a characterized national marine highly productive environment in a sanctuaries as consisting of coastal, Preamble discrete, well-defined area. In addition, marine and ocean waters but did not Under the authority of Title III of the the Bank and its surrounding waters expressly mention submerged lands Marine Protection, Research, and may contain historical resources of thereunder. NOAA has consistently Sanctuaries Act of 1972, as amended, 16 national significance. The Bank consists interpreted its authority under the U.S.C. 1431 et seq. (the ‘‘Act’’), the of a series of steep-sided ridges and NMSA as extending to submerged lands, Cordell Bank and its surrounding waters and amendments to the NMSA in 1984 narrow pinnacles rising from the edge of offshore northern California, as (Pub. L. 98–498) clarified that the continental shelf. It lies on a plateau described in Article 2, are hereby submerged lands may be designated by 300 to 400 feet (91 to 122 meters) deep designated as the Cordell Bank National the Secretary of Commerce as part of a and ascends to within about 115 feet (35 national marine sanctuary (16 U.S.C. Marine Sanctuary (the Sanctuary) for meters) of the surface at its shallowest 1432(3)). Therefore, to be consistent the purpose of protecting and point. The seasonal upwelling of with the NMSA, NOAA is updating the conserving that special, discrete, highly nutrient-rich bottom waters and wide terms of designation and the boundary productive marine area and ensuring the depth ranges in the vicinity, have led to description, by adding ‘‘submerged continued availability of the a unique association of subtidal and lands thereunder’’ to the term ‘‘, ecological, research, oceanic species. The vigorous biological waters.’’ Additionally, boundary educational, aesthetic, historical, and community flourishing at Cordell Bank coordinates in the revised Designation recreational resources therein. includes an exceptional assortment of algae, invertebrates, fishes, marine Document and in the sanctuary Article I. Effect of Designation regulations will be expressed by mammals and seabirds. The Sanctuary was designated on May coordinates based on the North Article IV. Scope of Regulation American Datum of 1983 (NAD 83). 24, 1989 (54 FR 22417). Section 308 of the National Marine Sanctuaries Act, 16 Section 1. Activities Subject to 2. List of Regulated Activities U.S.C. 1431 et seq. (NMSA), authorizes Regulation the issuance of such regulations as are NOAA is revising the CBNMS terms The following activities are subject to of designation to modify the list of necessary to implement the designation, including managing, protecting and regulation, including prohibition, as activities that may be regulated. The may be necessary to ensure the revised terms of designation now also conserving the conservation, recreational, ecological, historical, management, protection, and authorize regulation of: activities preservation of the conservation, regarding cultural or historic resources; cultural, archeological, scientific, educational, and aesthetic resources and recreational, ecological, historical, placing or abandoning any structure, cultural, archeological, scientific, material, or other matter on or in the qualities of the Sanctuary. Section 1 of Article IV of this Designation Document educational, and aesthetic resources and submerged lands of the Sanctuary; qualities of this area: taking or possessing any marine lists activities of the types that are either to be regulated on the effective date of a. Depositing or discharging any mammal, sea turtle, or bird; introducing material or substance; or otherwise releasing an introduced final rulemaking or may have to be b. Removing, taking, or injuring or species from within or into the regulated at some later date in order to attempting to remove, take, or injure Sanctuary; and drilling into, dredging, protect Sanctuary resources and benthic invertebrates or algae located on altering, or constructing on the qualities. Listing does not necessarily the Bank or on or within the line submerged lands. mean that a type of activity will be regulated; however, if a type of activity representing the 50 fathom isobath 3. Updates is not listed it may not be regulated, surrounding the Bank; NOAA is also modifying the CBNMS except on an emergency basis, unless c. Hydrocarbon (oil and gas) activities terms of designation to provide: an Section 1 of Article IV is amended to within the Sanctuary; updated and more complete description include the type of activity by the same d. Anchoring on the Bank or on or of characteristics that give the Sanctuary procedures by which the original within the line representing the 50 particular value; an updated designation was made. fathom isobath surrounding the Bank; explanation of the effect of Sanctuary e. Activities regarding cultural or Article II. Description of the Area authority on preexisting leases, permits, historical resources; licenses, and rights; and various minor The Sanctuary consists of a 399 f. Drilling into, dredging, or otherwise revisions in order to conform wording of square nautical mile area of marine altering the submerged lands of the the Designation Document, where waters and the submerged lands Sanctuary; or constructing, placing, or appropriate, to wording used for more thereunder encompassed by a boundary abandoning any structure, material, or recently designated sanctuaries. extending approximately 250° from the other matter on or in the submerged In Article V (Relation to Other northernmost boundary of Gulf of the lands of the Sanctuary; Regulatory Programs), the ‘‘Fishing’’ Farallones National Marine Sanctuary g. Taking or possessing any marine section is revised to clarify the original (GFNMS) to the 1,000 fathom isobath mammal, marine reptile, or bird except intent that, although the Sanctuary does northwest of the Bank, then south along as permitted under the Marine Mammal not have authority to regulate fishing, this isobath to the GFNMS boundary Protection Act, Endangered Species Act fishing vessels may be regulated with and back to the northeast along this or Migratory Bird Treaty Act; and respect to discharge/deposit and boundary to the beginning point. The h. Introducing or otherwise releasing anchoring in accordance with Article precise boundaries are set forth in the from within or into the Sanctuary an IV. No changes are being made to the regulations. introduced species.

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Section 2. Consistency With Section 3. Other Programs introduced species. One of the International Law All applicable regulatory programs recommended strategies for addressing this issue was to develop regulations The regulations governing activities shall remain in effect, and all permits, licenses, approvals, and other prohibiting such releases. In addition, listed in Section 1 of this Article shall NOAA modifies the terms of apply to foreign flag vessels and foreign authorizations issued pursuant to those programs shall be valid unless designation to authorize regulation of persons only to the extent consistent the possession of a Sanctuary historical with generally recognized principles of prohibited by regulations implementing Article IV. resource wherever the resource is found. international law, and in accordance The existing designation document with treaties, conventions, and other Article VI. Alterations to This currently lists as subject to regulation agreements to which the United States Designation ‘‘possessing within the Sanctuary a is a party. The terms of designation, as defined Sanctuary resource * * * ’’. NOAA is Section 3. Emergency Regulations under section 304(a) of the Act, may be making clear that a prohibition against modified only by the same procedures possession of Sanctuary historical Where necessary to prevent or by which the original designation is resources would apply outside the minimize the destruction of, loss of, or made, including public hearings, Sanctuary boundaries (e.g., at a harbor). injury to a Sanctuary resource or consultation with interested Federal, With these changes, the revised terms quality, or minimize the imminent risk State, and local agencies, review by the of designation now authorize regulation of such destruction, loss, or injury, any appropriate Congressional committees of: Activities regarding cultural or and all activities, including those not and Governor of the State of California, historic resources; placing or listed in Section 1 of this Article, are and approval by the Secretary of abandoning any structure, material, or subject to immediate temporary Commerce or designee. other matter on or in the submerged regulation, including prohibition, [END OF DESIGNATION DOCUMENT] lands of the Sanctuary; taking or within the limits of the Act on an possessing any marine mammal, sea emergency basis for a period not to C. Revisions to the MBNMS Terms of turtle, or bird; introducing or otherwise exceed 120 days. Designation releasing an introduced species from Article V. Relation to Other Regulatory NOAA is revising the MBNMS terms within or into the Sanctuary; and Programs of designation to: drilling into, dredging, altering, or • Add Davidson Seamount constructing on the submerged lands. Section 1. Fishing Management Zone; 3. Updates • Revise the description of activities The regulation of fishing is not that may be regulated to include authorized under Article IV. All NOAA is also modifying the MBNMS additional activities; and regulatory programs pertaining to terms of designation to make minor • Make minor updates to ensure the fishing, including Fishery Management punctuation improvements and to text reflects the current text of the Plans promulgated under the delete Appendices I and II of the NMSA and to ensure its description of Magnuson-Stevens Fishery MBNMS Designation Document and the area is current. Conservation and Management Act, 16 refer to the site regulations for sanctuary U.S.C. 1801 et seq. (‘‘Magnuson-Stevens 1. Add Davidson Seamount seaward boundaries and the location of Act’’), shall remain in effect. All Management Zone four sites designated for disposal of permits, licenses, approvals, and other dredged material. NOAA is also deleting NOAA is amending the MBNMS outdated language related to study areas authorizations issued pursuant to the boundary description to include the Magnuson-Stevens Act shall be valid for dredged material disposal sites Davidson Seamount Management Zone, outside the MBNMS boundaries. within the Sanctuary. However, all a 775 square statute mile (585 square fishing vessels are subject to regulation nautical mile) area defined by the REVISED TERMS OF DESIGNATION under Article IV with respect to geodetic lines connecting the DOCUMENT FOR THE MONTEREY discharges and anchoring. coordinates provided in Appendix F to BAY NATIONAL MARINE SANCTUARY Section 2. Defense Activities this subpart. The Davidson Seamount is located approximately 80 statute miles Preamble The regulation of activities listed in (70 nmi) to the southwest of Monterey, Article IV shall not prohibit any due west of San Simeon, and is home Under the authority of Title III of the Department of Defense (DOD) activities to a diverse assemblage of deep water Marine Protection, Research, and that are necessary for national defense. organisms. This highly diverse Sanctuaries Act of 1972, as amended All such activities being carried out by community includes many endemic (the ‘‘Act’’), 16 U.S.C. 1431 et seq., DOD within the Sanctuary on the species and fragile, long-lived cold- Monterey Bay and the Davidson effective date of designation shall be water and . NOAA also Seamount, and their surrounding waters exempt from any prohibitions contained updates Article III, Characteristics of the offshore of central California, and the in the Sanctuary regulations. Additional Area that Give it Particular Value to submerged lands under Monterey Bay DOD activities initiated after the include a discussion of the Davidson and its surrounding waters, as described effective date of designation that are Seamount Management Zone. in Article II, and the Davidson necessary for national defense will be Seamount Management Zone, as exempted after consultation between the 2. List of Regulated Activities described in Article II, are hereby Department of Commerce and DOD. NOAA is revising the MBNMS terms designated as the Monterey Bay DOD activities not necessary for of designation to modify the list of National Marine Sanctuary (the national defense, such as routine activities that may be regulated. A Sanctuary) for the purposes of exercises and vessel operations, shall be priority issue identified during the protecting and managing the subject to all prohibitions contained in management plan review was conservation, ecological, recreational, the Sanctuary regulations. addressing the threat posed by research, educational, historical, and

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esthetic resources and qualities of the the tide gate at Elkhorn Road and Cruz counties is rapidly expanding and area. toward the center channel from the is based in large part on the MHWL is included within the attractiveness of the area’s natural Article I. Effect of Designation Sanctuary, excluding areas within the beauty. The high water quality and the The Act authorizes the issuance of Elkhorn Slough National Estuarine resulting variety of biota and their such regulations as are necessary and Research Reserve. Exact coordinates for proximity to shore is one of the prime reasonable to implement the the seaward boundary and harbor reasons for the international renown of designation, including managing and exclusions are provided in Appendix A the area as a prime tourist location. The protecting the conservation, of the site regulations. quality and abundance of the natural recreational, ecological, historical, (b) The Davidson Seamount resources have attracted human beings research, educational, and esthetic Management Zone (DSMZ) is also part from the earliest prehistoric times to the resources and qualities of the Sanctuary. of the Sanctuary. This area, bounded by present and as a result the area contains Section 1 of Article IV of this geodetic lines connecting a rectangle significant historical, e.g., Designation Document lists activities of centered on the top of the Davidson archaeological and paleontological, the types that either are to be regulated Seamount, consists of approximately resources, such as Costanoan Indian on the effective date of designation or 585 square nmi of ocean waters and the midden deposits, aboriginal remains, may have to be regulated at some later submerged lands thereunder. The and sunken ships and aircraft. date in order to protect Sanctuary shoreward boundary of this portion of The biological and physical resources and qualities. Listing does not the Sanctuary is located approximately characteristics of the Monterey Bay area necessarily mean that a type of activity 65 nmi off the coast of San Simeon in combine to provide outstanding will be regulated; however, if a type of San Luis Obispo County. Exact opportunities for scientific research on activity is not listed it may not be coordinates for the DSMZ boundary are many aspects of marine ecosystems. The regulated, except on an emergency provided in Appendix F of the site diverse habitats are readily accessible to basis, unless section 1 of Article IV is regulations. researchers. These research institutions amended to include the type of activity are exceptional resources with a long Article III. Characteristics of the Area by the same procedures by which the history of research and large databases That Give It Particular Value original designation was made. possessing a considerable amount of The Monterey Bay area is Article II. Description of the Area baseline information on the Bay and its characterized by a combination of resources, providing interpretive The Sanctuary consists of two oceanic conditions and undersea exhibits of the marine environment, separate areas. (a) The first area consists topography that provides for a highly docent programs serving the public and of an area of approximately 4017 square productive ecosystem and a wide marine related programs for school nautical miles (nmi) of coastal and variety of marine habitat. The area is groups and teachers. ocean waters, and submerged lands characterized by a narrow continental The Davidson Seamount located thereunder, in and surrounding shelf fringed by a variety of coastal offshore of California, 70 nmi southwest Monterey Bay off the central coast of types. The Monterey Submarine Canyon of Monterey, due west of San Simeon, California. The northern terminus of the is unique in its size, configuration, and and is one of the largest known Sanctuary boundary is located along the proximity to shore. This canyon system in U.S. waters. Davidson southern boundary of the Gulf of the provides habitat for pelagic Seamount is twenty-six statute miles Farallones National Marine Sanctuary communities and, along with other long and eight statute miles wide. From (GFNMS) beginning at Rocky Point just distinct bathymetric features, may base to crest, Davidson Seamount is south of Stinson Beach in Marin modify currents and act to enrich local 7,480 feet (2,280 meters) tall; yet still County. The Sanctuary boundary waters through strong seasonal 4,101 feet (1,250 meters) below the sea follows the GFNMS boundary westward upwelling. Monterey Bay itself is a rare surface. Davidson Seamount has an to a point approximately 29 nmi geological feature, as it is one of the few atypical seamount shape, having offshore from Moss Beach in San Mateo large embayments along the Pacific northeast-trending ridges created by a County. The Sanctuary boundary then coast. type of volcanism only recently extends southward in a series of arcs, The Monterey Bay area has a highly described. It last erupted about 12 which generally follow the 500 fathom diverse floral and faunal component. million years ago. This large geographic isobath, to a point approximately 27 Algal diversity is extremely high and feature was the first underwater nmi offshore of Cambria, in San Luis the concentrations of pinnipeds, whales, formation to be characterized as a Obispo County. The Sanctuary otters and some seabird species are ‘‘seamount’’ and was named after the boundary then extends eastward outstanding. The fish populations, Coast and Geodetic Survey (forerunner towards shore until it intersects the particularly in Monterey Bay, are to the National Ocean Service) scientist Mean High Water Line (MHWL) along generally abundant and the variety of George Davidson. Davidson Seamount’s the coast near Cambria. The Sanctuary crustaceans and other invertebrates is geographical importance is due to its boundary then follows the MHWL high. location in the California Current, northward to the northern terminus at In addition there are many direct and which likely provides a larger flux of Rocky Point. The shoreward Sanctuary indirect human uses of the area. The carbon (food) to the sessile organisms on boundary excludes a small area between most important economic activity the seamount surface relative to a Point Bonita and Point San Pedro. Pillar directly dependent on the resources is majority of other seamounts in the Point Harbor, Santa Cruz Harbor, commercial fishing, which has played Pacific and may have unique links to Monterey Harbor, and Moss Landing an important role in the history of the nearby Partington and Monterey Harbor are all excluded from the Monterey Bay and continues to be of submarine canyons. Sanctuary shoreward from the points great economic value. The surface water habitat of the listed in Appendix A of the site The diverse resources of the Monterey Davidson Seamount hosts a variety of regulations except for Moss Landing Bay area are enjoyed by the residents of seabirds, marine mammals, and pelagic Harbor, where all of Elkhorn Slough east this area as well as numerous visitors. fishes, e.g., albatrosses, shearwaters, of the Highway One bridge, and west of The population of Monterey and Santa sperm whales, killer whales, albacore

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tuna, and ocean sunfish. Organisms in b. Discharging or depositing, from listed in section 1 of this Article, are the midwater habitat have a patchy within the boundary of the Sanctuary, subject to immediate temporary distribution, e.g., jellies and swimming any material or other matter, except regulation, including prohibition. worms, with , organic dredged material deposited at disposal Article V. Effect on Leases, Permits, matter that continually ‘‘rains’’ down sites authorized prior to the effective Licenses, and Rights from the sea surface, providing an date of Sanctuary designation, as important food source for deep-sea described in Appendix C to the Pursuant to section 304(c)(1) of the animals. The seamount crest habitat is regulations, provided that the activity is Act, 16 U.S.C. 1434(c)(1), no valid lease, the most diverse of habitats in the pursuant to, and complies with the permit, license, approval, or other Davidson Seamount area, including terms and conditions of, a valid Federal authorization issued by any Federal, large gorgonian (e.g., Paragorgia permit or approval existing on the State or local authority of competent sp.) forests, vast fields (many effective date of Sanctuary designation; jurisdiction, or any right of subsistence undescribed species), , deep-sea c. Discharging or depositing, from use or access, may be terminated by the fishes, shrimp, and basket stars. The beyond the boundary of the Sanctuary, Secretary of Commerce or designee as a seamount slope habitat is composed of any material or other matter, except result of this designation or as a result cobble and rocky areas interspersed dredged material deposited at the of any Sanctuary regulation if such with areas of ash and sediment, and authorized disposal sites described in authorization or right was in existence hosts a diverse assemblage of sessile Appendix D to the site regulations, on the effective date of this designation. invertebrates and rare deep-sea fishes. provided that the activity is pursuant to, The Secretary of Commerce or designee, The seamount base habitat is the and complies with the terms and however, may regulate the exercise interface between rocky outcrops and conditions of, a valid Federal permit or (including, but not limited to, the the flat, deep soft bottom habitat. approval; imposition of terms and conditions) of d. Taking, removing, moving, such authorization or right consistent Davidson Seamount is home to with the purposes for which the previously undiscovered species and catching, collecting, harvesting, feeding, injuring, destroying, or causing the loss Sanctuary is designated. species assemblages, such as large In no event may the Secretary or patches of corals and sponges, where of, or attempting to take, remove, move, catch, collect, harvest, feed, injure, designee issue a permit authorizing, or there is an opportunity to discover otherwise approve: (1) The exploration unique associations between species destroy, or cause the loss of, a marine mammal, sea turtle, seabird, historical for, development of or production of oil, and other ecological processes. The high gas, or minerals within the Sanctuary biological diversity of these assemblages resource, or other Sanctuary resource; e. Drilling into, dredging, or otherwise except for limited, small-scale jade has not been found on other California collection in the Jade Cove area of the seamounts. Davidson Seamount’s altering the submerged lands of the Sanctuary; or constructing, placing, or Sanctuary [defined as the area bounded importance for conservation revolves by the 35.92222 N latitude parallel around the of seamount abandoning any structure, material, or other matter on or in the submerged (coastal reference point: beach access species, potential future harvest damage stairway at South Sand Dollar Beach), to coral and sponge assemblages, and lands of the Sanctuary; f. Possessing within the Sanctuary a the 35.88889 N latitude parallel (coastal the low resilience of these species. Sanctuary resource or any other reference point: westernmost tip of Cape Abundant and large, fragile species (e.g., resource, regardless of where taken, San Martin), and the mean high tide line corals greater than eight feet tall, and at removed, moved, caught, collected, or seaward to the 90 foot isobath (depth least 200 years old, as well as vast fields harvested, that, if it had been found line)]; (2) the discharge of primary- of sponges) and a physically within the Sanctuary, would be a treated sewage (except for regulation, undisturbed seafloor appear relatively Sanctuary resource; pursuant to section 304(c)(1) of the Act, pristine. g. Possessing any Sanctuary historical of the exercise of valid authorizations in The final environmental impact resource; existence on the effective date of statements (1992 and 2008) provide h. Flying a motorized aircraft above Sanctuary designation and issued by more detail on the characteristics of the the Sanctuary; other authorities of competent Monterey Bay and Davidson Seamount i. Operating a vessel (i.e., water craft jurisdiction); or (3) the disposal of area that give it particular value. of any description) within the dredged material within the Sanctuary other than at sites authorized by the Article IV. Scope of Regulations Sanctuary; j. Aquaculture or kelp harvesting U.S. Environmental Protection Agency Section 1. Activities Subject to within the Sanctuary; (in consultation with the U.S. Army Regulation k. Interfering with, obstructing, Corps of Engineers) prior to the effective delaying, or preventing an investigation, date of designation. Any purported The following activities are subject to search, seizure, or disposition of seized authorizations issued by other regulation, including prohibition, to the property in connection with authorities after the effective date of extent necessary and reasonable to enforcement of the Act or any regulation Sanctuary designation for any of these ensure the protection and management or permit issued under the Act; and activities within the Sanctuary shall be of the conservation, ecological, l. Introducing or otherwise releasing invalid. recreational, research, educational, from within or into the Sanctuary an Article VI. Alterations to This historical, and esthetic resources and introduced species. qualities of the Sanctuary: Designation a. Exploring for, developing, or Section 2. Emergencies The terms of designation, as defined producing oil, gas, or minerals (e.g., Where necessary to prevent or under section 304(a) of the Act, may be clay, stone, sand, metalliferous ores, minimize the destruction of, loss of, or modified only by the same procedures gravel, non-metalliferous ores, or any injury to a Sanctuary resource or by which the original designation is other solid material or other matter of quality, or minimize the imminent risk made, including public hearings, commercial value) within the of such destruction, loss, or injury, any consultation with interested Federal, Sanctuary; and all activities, including those not State, and local agencies, review by the

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appropriate Congressional committees modifies its regulations to clarify that protect sanctuary resources and and Governor of the State of California, such discharges are only allowed if qualities from harmful influences and approval by the Secretary of generated by properly functioning Type originating outside the boundaries of the Commerce or designee. I or II marine sanitation devices. Type GFNMS. The coastal waters of the [END OF DESIGNATION DOCUMENT] I and Type II marine sanitation devices sanctuary, particularly the estuarine treat wastes, but Type III of Bolinas Lagoon, Tomales III. Summary of Regulatory sanitation devices store waste until it is Bay, Estero Americano and Estero de Amendments removed at designated pump-out San Antonio, are vulnerable to land- This section describes the changes stations on shore or discharged at sea. based nonpoint source pollution from NOAA is making to the regulations for Finally, the revised regulations also outside the sanctuary. Sources of the CBNMS, GFNMS, and the MBNMS require vessel operators to lock all concern include runoff, agriculture, (hereinafter the ‘‘Sanctuaries’’) to marine sanitation devices in a manner marinas and boating activities, past implement the management plan that prevents the discharge of untreated mining, and aging and undersized septic reviews for the three sanctuaries. sewage. This requirement would aid in systems. Water quality in offshore areas Because the rationale behind the enforcement and compliance with of the sanctuary could be threatened or amendments to each sanctuary’s Sanctuary regulations. impacted by large or continuous regulations is similar or the same, the Note that in the response to comments discharges from shore, spills by vessels, discussion of the changes has been ‘‘biodegradable’’ has been replaced with illegal dumping activities or residual grouped by subject area, except where ‘‘clean.’’ See Section IV. contaminants from past dumping explicitly noted otherwise. References 4. This rule eliminates the exception activities. The threat of an offshore oil in this section to ‘‘former regulations’’ for discharging or depositing food waste spill is a constant reality near the busy are to the state of the regulations as they resulting from meals onboard vessels shipping lanes in and adjacent to the existed before this final rule becomes into CBNMS and GFNMS. Coast Guard sanctuary. CBNMS and MBNMS effective. regulations prohibit all discharges of regulations already prohibit this food wastes (garbage) within three nmi activity. This modification makes the A. Update and Clarify the Regulations of land and require that they be ground discharge/deposit regulations for the on Discharges to less than one inch when discharged three sanctuaries consistent. NOAA is modifying the regulatory between three and twelve nmi of land. 6. This rule eliminates in the GFNMS prohibition on discharging or depositing This rule modifies the regulations for regulations the exceptions at § 922.84 material or other matter (hereafter CBNMS and GFNMS to mirror the Coast for the disposal of dredged material at ‘‘discharge regulations’’) into the Guard regulations, and to be consistent the interim dumpsite and the discharge Sanctuaries. The following regulatory with the MBNMS regulations. This of municipal sewage because they are changes are made to all three amendment provides increased no longer necessary. The exception for sanctuaries unless otherwise specified. protection to sanctuary resources and the disposal of dredged material at the 1. This rule clarifies the prohibition qualities from such marine debris vis-a`- ‘‘interim dumpsite’’ is no longer on discharging or depositing any vis the Coast Guard regulations in the necessary because this site is no longer material or other matter to make it clear area of the two sanctuaries beyond three being used as a permanent dumpsite. that the regulation applies to discharges nmi. The interim dumpsite, located and deposits ‘‘from within or into’’ the 5. This rule prohibits discharges/ approximately 10 nmi south of Sanctuaries. Adding the word ‘‘into’’ is deposits originating beyond the Southeast Farallon Island, is no longer intended to clarify that the prohibition boundary of the GFNMS that in use. The permanent dumpsite outside applies not only to discharges and subsequently enters the sanctuary and the sanctuary has been in use for more deposits originating in the Sanctuaries injures a sanctuary resource or quality. than fifteen years, making this exception (e.g., from vessels in the Sanctuaries), ‘‘Sanctuary resource’’ is defined at 15 unnecessary. Similarly, since the but also, for example, from discharges CFR 922.3 as ‘‘any living or non-living designation of the sanctuary in 1981, and deposits above the Sanctuaries. resource of a National Marine Sanctuary there have been no applications to 2. This rule clarifies that the that contributes to the conservation, discharge municipal sewage into the exception to the discharge/deposit recreational, ecological, historical, sanctuary. Thus, this exception is also prohibition for fish, fish parts, or research, educational, or aesthetic value unnecessary. By removing these two chumming materials (bait) applies only of the Sanctuary, including, but not exceptions, the discharge/deposit to discharges or deposits made during limited to, the substratum of the area of regulation has been streamlined, the conduct of lawful fishing activities the sanctuary, other submerged features focusing on current and necessary within the Sanctuaries. and the surrounding seabed, carbonate exceptions to the prohibition. 3. This rule clarifies that the rock, corals and other bottom 7. In addition, this rule clarifies that exception to the discharge prohibition formations, coralline algae and other current exceptions to the prohibition on for biodegradable effluent discharges/ marine plants and algae, marine discharges/deposits from vessels for deposits from marine sanitation devices invertebrates, brine-seep biota, graywater and deck wash down must be applies only to operable Type I or II , , fish, clean, meaning not containing marine sanitation devices approved by seabirds, sea turtles and other marine detectable levels of harmful matter as the United States Coast Guard in reptiles, marine mammals and historical defined. It clarifies that discharges/ accordance with the Federal Water resources.’’ ‘‘Sanctuary quality’’ is deposits from clean vessel deck wash Pollution Control Act, as amended. defined at 15 CFR 922.3 as ‘‘any of those down, clean vessel generator cooling Although the exception for vessel ambient conditions, physical-chemical water, clean vessel engine cooling wastes ‘‘generated by marine sanitation characteristics and natural processes, water, clean bilge water, and anchor devices’’ was intended to prohibit the the maintenance of which is essential to wash are excepted from the discharge/ discharge of untreated sewage into the the ecological health of the Sanctuary, deposit prohibition. The discharge/ Sanctuaries, it was unclear if it allowed including, but not limited to, water deposit of oily wastes from bilge discharges from Type III marine quality, sediment quality and air pumping has been and continues to be sanitation devices. Therefore, NOAA quality.’’ This modification will help prohibited. However, this rule modifies

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this prohibition by requiring that all and food wastes (Eley 2000). Very little impacts to the marine environment. The bilge discharges/deposits be clean, research has been done on the impacts main pollutants generated by a cruise meaning not containing detectable of graywater on the marine ship are: sewage, also referred to as levels of harmful matter as defined. For environment, but many of the chemicals blackwater; graywater; oily bilge water; purposes of determining detectable commonly found in graywater are hazardous wastes, and solid wastes. The levels of oil in bilge discharges/deposits, known to be toxic (Casanova et al. large volumes of discharged effluent a detectable level of oil is interpreted 2001). These chemicals have been associated with cruise ships may not here to include anything that produces implicated in the occurrence of adequately disperse to avoid harm to a visible sheen. This rule provides cancerous growths in bottom-dwelling marine resources. Based on EPA clarification regarding permitted fish (Mix 1986). Furthermore, studies of estimates, in one week a 3000-passenger contents of bilge water discharges/ graywater discharges from large cruise cruise ship generates about 210,000 deposits. ships in Alaska (prior to strict state gallons of sewage, 1,000,000 gallons of The discharge/deposit of ballast water effluent standards for cruise ship graywater, 37,000 gallons of oily bilge is already prohibited. graywater discharges) found very high water, more than 8 tons of solid waste, B. Prohibit Certain Discharges From levels of fecal coliform in large cruise millions of gallons of ballast water Cruise Ships and Large Vessels ship graywater (well exceeding the containing potential invasive species, federal standards for fecal coliform from and toxic wastes from dry cleaning and This rule amends the discharge Type II MSDs). These same studies also photo-processing laboratories. regulations for the Sanctuaries to found high mean total suspended solids Additionally, the volume of material narrow the types of vessels that may in some graywater sources (exceeding from a cruise ship resulting from deck discharge certain types of material or the federal standards for total washdown greatly exceeds the volumes other matter. suspended solids from Type II MSDs). associated with other vessels used in the This rule prohibits vessels 300 GRT or 2. This rule revises the discharge/ Sanctuaries. Although several laws and greater with sufficient holding tank deposit regulations to implement regulations partly address these issues, capacity from discharging or depositing additional restrictions on cruise ships. this regulation is needed to ensure a graywater, and effluent from any type of Under the revised discharge/deposit more comprehensive prohibition on marine sanitation device. In the GFNMS regulations, cruise ships are allowed to cruise ship discharges/deposits within and CBNMS the discharge/deposit of discharge or deposit only clean vessel the Sanctuaries. graywater is already prohibited and that engine cooling water, clean vessel remains unchanged. The former generator cooling water, clean bilge C. Clarify and Update the Regulation on regulations did not make a distinction water, and anchor wash into the Disturbing Sanctuary Areas between sizes of vessels for discharge Sanctuaries. Other discharges or To ensure consistency among the purposes. The regulations prohibiting deposits are no longer allowed in the regulations for the Sanctuaries, this rule discharge/deposit of treated sewage Sanctuaries. Cruise ship discharges and implements a prohibition on drilling from vessels 300 GRT or more are deposits are more stringently regulated into, dredging, or otherwise altering the consistent with existing state law than other vessels to reduce the adverse submerged lands, or constructing, applicable to state waters. The effects on the marine environment from placing or abandoning any structure, regulations now extend the prohibition this growing source of pollutants. material, or other matter on or in the to all waters of the national marine The strict prohibition on cruise ships submerged lands of the Sanctuaries. sanctuaries including federal waters. protects sanctuary water quality from While this prohibition has been in effect The regulation does not restrict vessels the potentially large volume of for the MBNMS since 1992, this is a without capacity to hold the waste wastewater that may be discharged by new prohibition for the CBNMS, and while in a national marine sanctuary. these vessels, while allowing them to updates the regulations for the GFNMS. The revised regulation better continue to transit the Sanctuaries. As described below, this rule maintains addresses NOAA’s concerns about the ‘‘Cruise ship’’ is defined to mean: a some differences in the exceptions to potential impacts of discharges/deposits vessel with 250 or more passenger the prohibition for the different from large vessels in the Sanctuaries. berths for hire. Currently 643,000 cruise sanctuaries. Blackwater from vessels includes raw or ship passengers embark annually from This rule makes a technical change to treated sewage. Such discharges are California ports in San Francisco Bay, the regulations by replacing the term more concentrated than domestic land- Los Angeles, and San Diego. Ninety ‘‘seabed’’ with ‘‘submerged lands’’ based sewage and may introduce cruise ship arrivals and departures throughout the regulations for the disease-causing microorganisms (Metropolitan Stevedore Company) were Sanctuaries in order to be consistent (pathogens), such as bacteria, estimated at the San Francisco with the NMSA, and to ensure that protozoans, and viruses, into the marine Passenger Terminal in 2006. Many of certain estuarine areas within the environment (EPA 2007). They may also these cruise ships enter and exit the Bay MBNMS, such as Elkhorn Slough, are contain high concentrations of nutrients through the northbound vessel traffic described accurately. This change is that can lead to (the lanes, which transit through the necessary to eliminate any confusion process that can cause oxygen-depleted Sanctuaries. Although partly created by the term ‘‘seabed.’’ ‘‘dead zones’’ in aquatic environments), constrained by the lack of local docking This rule makes additional changes to and may yield unpleasant esthetic facilities, cruise ship visits are likely to the regulations for the GFNMS and the impacts to the Sanctuary (diminishing increase as the fleet shifts from CBNMS to implement new prohibitions Sanctuary resources and its ecological, international to more domestic cruises, regarding disturbance to the submerged conservation, esthetic, recreational and and as they begin to use a new cruise lands in these two sanctuaries. The other qualities). ship docking facility planned for San revised regulations prohibit abandoning Graywater from vessels includes Francisco Bay. structures, materials, or other matter, for wastewater from showers, baths, and Due to their sheer size and passenger these two sanctuaries. The term galleys. Graywater can contain a variety capacity, cruise ships are able to ‘‘abandoning’’ means leaving without of substances including (but not limited generate larger volumes of a wide array intent to remove, any structure, to) detergents, oil and grease, pesticides of pollutants, which can cause serious material, or other matter on or in the

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submerged lands of the Sanctuaries. In the continental shelf and slope of E. Clarify the Prohibition on Disturbing addition to this provision, this rule CBNMS, which are important habitats Historic Resources implements a new provision in the that provide support for the living NOAA modifies the regulation for the CBNMS that prohibits drilling into, resources of the sanctuary. GFNMS and MBNMS to amend the dredging or otherwise altering the D. Prohibit the Desertion of Vessels prohibitions regarding removing or submerged lands. damaging any historical or cultural These prohibitions as they apply to NOAA modifies the regulations for resource. For the GFNMS, this rule adds the area within the 50-fathom isobath of the GFNMS and MBNMS to prohibit the ‘‘moving’’ and ‘‘possessing’’ to the the CBNMS, do not apply to use of desertion of a vessel within these two existing prohibition; replaces ‘‘damage’’ bottom contact gear used during fishing sanctuaries. Leaving vessels unattended with ‘‘injure,’’ a term defined at 15 CFR activities. This activity is prohibited increases the likelihood of a calamitous 922.3; and adds the word ‘‘attempting’’ pursuant to 50 CFR part 660 (Fisheries event or the risk of sinking. These to move, remove, injure, or possess as a off West Coast States). These events could result in the discharge of prohibitions as they apply to the area prohibition. This modification provides harmful toxins, chemicals or oils into added protection to the fragile, finite, outside of the 50-fathom isobath of the the marine environment, reducing water CBNMS, do not apply to the anchoring and non-renewable resources so they quality and impacting biological may be studied, and appropriate of any vessels, or the lawful use of resources and habitats. In addition, the fishing gear during normal fishing information may be made available for vessel itself could cause injury. This the benefit of the public. (The MBNMS activities. The coordinates for the line revision is not made for the CBNMS representing the 50-fathom isobath are regulations already contain these terms.) because that site is offshore and vessel For the GFNMS, this rule replaces the listed in Appendix B to the regulations. abandonment is not a pressing resource This regulation ensures the prominent phrase ‘‘historical or cultural resource’’ issue. with ‘‘Sanctuary historical resource’’ to geological features of the Bank, such as To address concerns regarding the the pinnacles and ridges, are protected be consistent with regulatory language threats to the marine environment from used at more recently designated from permanent destruction from deserted vessels, NOAA is prohibiting activities such as anchoring or national marine sanctuaries, e.g., the deserting a vessel aground, at anchor, or MBNMS. The term ‘‘historical resource’’ exploratory activity. adrift in the GFNMS and the MBNMS. For the GFNMS, NOAA revises the is defined in NMSP program-wide The term ‘‘deserting’’ means leaving a exception for the laying of pipelines regulations as ‘‘any resource possessing vessel aground or adrift: (1) Without related to hydrocarbon operations to historical, cultural, archaeological or notification to the Director of the vessel clarify that the laying of pipelines is paleontological significance, including going aground or becoming adrift within specifically limited to hydrocarbon sites, contextual information, structures, operations that are adjacent to the 12 hours of its discovery and developing districts, and objects significantly GFNMS (i.e., bordering) rather than and presenting to the Director a associated with or representative of anywhere outside the sanctuary. This preliminary salvage plan within 24 earlier people, cultures, maritime revision is made to protect sensitive hours of such notification; (2) after heritage, and human activities and sanctuary benthic habitats from impacts expressing or otherwise manifesting events. Historical resources include from disturbance. Additionally, in the intention not to undertake or to cease ‘‘submerged cultural resources,’’ and GFNMS regulations, NOAA revises the salvage efforts; or (3) when the owner/ ‘‘historical properties,’’ as defined in the prohibition regarding disturbance to the operator cannot after reasonable efforts National Historic Preservation Act, as submerged lands, by removing the by the Director be reached within 12 amended, and its implementing exception for ecological maintenance in hours of the vessel’s condition being regulations, as amended.’’ (15 CFR the GFNMS regulations (formerly at 15 reported to authorities. Deserting also 922.3). CFR 922.82(a)(3)(iii)). Ecological means leaving a vessel at anchor when This rule prohibits the possession of maintenance is not defined in the its condition creates potential for a a sanctuary historical resource either regulations or administrative record, grounding, discharge, or deposit and the within or outside the sanctuary. The which made it difficult to interpret, and owner/operator fails to secure the vessel clarification will increase protection of thus the definition was removed to in a timely manner. sanctuary resources by making it illegal streamline the regulatory language. This rule also prohibits leaving to possess historical resources in any There is no record of the use of the harmful matter aboard a grounded or geographic location. For example, this ecological maintenance exception. deserted vessel in the GFNMS and rule makes it illegal to have an artifact There are no exceptions to the MBNMS. Once a vessel is grounded or taken from a shipwreck in MBNMS even prohibition against disturbing the deserted, there is a high risk of if you are no longer in the sanctuary. submerged lands within the Davidson discharge/deposit of harmful matter into F. Prohibit the Take and Possession of Seamount Management Zone of the the marine environment. Harmful Certain Species MBNMS, other than as incidental and matter aboard a deserted vessel also necessary to the conduct of lawful poses a threat to water quality. NOAA modifies its regulations for the fishing activities. Fishing in the Preemptive removal of harmful matter GFNMS and the CBNMS to include a Davidson Seamount Management Zone (e.g., motor oil) was not required by the new prohibition on take of marine below 3000 feet is prohibited under 50 former regulations. The prohibition mammals, birds, and sea turtles, except CFR 660 (Fisheries off West Coast implemented by this rule helps reduce as authorized by the Marine Mammal States). Please see the discussion on the or avoid harm to sanctuary resources Protection Act, as amended (16 U.S.C. Davidson Seamount Management Zone and qualities from potential leakage of 1361 et seq.) (MMPA), Endangered below for more information. hazardous or other harmful matter from Species Act, as amended (16 U.S.C. This regulation helps protect the a vessel. This revision is not made for 1531 et seq.) (ESA), Migratory Bird Sanctuaries from, for example, the CBNMS because that site is offshore Treaty Act, as amended (16 U.S.C. 703 unwanted debris, and adds protection to and leaving harmful matter on et seq.) (MBTA), or any regulation, as the shallow sand and mud deposits that abandoned vessels is not a pressing amended, promulgated under one of make up the surrounding soft bottom of resource issue. these acts. ‘‘Take’’ is defined in the

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NMSP program-wide regulations at 15 except: (1) striped bass (Morone date of this rule are subject to this CFR 922.3. This rule prohibits saxatilis) released in the Sanctuaries prohibition. Operations conducted possessing within the CBNMS and the during catch and release fishing; and (2) under new lease agreements could GFNMS (regardless of where taken, species cultivated by mariculture in cultivate native species but not moved, or removed from) any marine Tomales Bay (in the GFNMS), pursuant introduced species. NOAA is not aware mammal, bird (including, but not to a valid lease, permit, license or other of any pending lease applications. limited to, seabirds, shorebirds and authorization issued by the State of The prohibition against introducing waterfowl) within or above the two California. species into the Sanctuaries is designed sanctuaries or sea turtle except as The term ‘‘introduced species’’ is to help reduce the risk from introduced authorized under the MMPA, the ESA, defined as: any species (including but species, including their seeds, eggs, the MBTA, and any regulations, as not limited to any of its biological spores, and other biological material amended, promulgated under these acts. matter capable of propagation) that is capable of propagating. The intent of the This regulation provides a stronger non-native to the ecosystems of the prohibition is to prevent injury to the deterrent for violations of existing laws Sanctuary; or any organism into which Sanctuaries’ resources and qualities, to designed to protect marine mammals, altered genetic matter, or genetic matter protect the of sanctuary birds, or sea turtles, than that offered by from another species, has been ecosystems, and to preserve the native those other laws alone and is consistent transferred in order that the host functional aspects of sanctuary with regulatory language used at more organism acquires the genetic traits of ecosystems, which are put at risk by recently designated national marine the transferred genes. introduced species. Introduced species sanctuaries, e.g., the MBNMS. This During consultations with the State of may become a new form of predator, regulation does not apply to activities California, concern was expressed that competitor, disturber, parasite, or (including a federally or state-approved striped bass would qualify as an disease that can have devastating effects fishery) that have been authorized under introduced species and that an angler upon ecosystems. For example, the MMPA, ESA, or MBTA or an who catches and then releases a striped introduced species impacts on native implementing regulation. Therefore, bass would be in violation of the coastal marine species of the under this regulation, if the National proposed regulation. While prohibiting Sanctuaries could include: replacement Marine Fisheries Service (NMFS) or the such activity is not the intent of the of a functionally similar native species United States Fish and Wildlife Service regulation, to address this concern, the through competition; reduction in (USFWS) issues a permit for, or regulation now exempts striped bass, abundance or elimination of an entire otherwise authorizes, the take of a the only introduced species for which population of a native species, which marine mammal, bird, or sea turtle, the there is an active fishery. Striped bass can affect native species richness; permitted or authorized taking is were intentionally introduced in inhibition of normal growth or allowed under this rule and would not California in 1879, and in 1980 the increased mortality of the host and require an additional sanctuary permit California Department of Fish and Game associated species; increased intra- or unless the activity also violates another initiated a striped bass hatchery interspecies competition with native provision of the sanctuary’s regulations. program to support the striped bass species; creation or alteration of original The intent of this regulation is to sport fishery, which according to the substrate and habitat; hybridization bring a special focus to the protection of California Department of Fish and Game with native species; and direct or the diverse and vital marine mammal, is an important fishery on the Pacific indirect toxicity (e.g., toxic diatoms). bird, and sea turtle populations of the Coast. The California Department of Changes in species interactions can lead Sanctuaries. This area-specific focus is Fish and Game manages the striped bass to disrupted nutrient cycles and altered complementary to efforts of other fishery through a Striped Bass energy flows that ripple with resource protection agencies, especially Management Conservation Plan. unpredictable results through an entire given that other federal and state The prohibition also does not apply to ecosystem. Introduced species may also authorities spread limited resources species cultivated by mariculture pose threats to endangered species and over much wider geographic areas. activities in Tomales Bay in the native species diversity. This prohibition also complements GFNMS, pursuant to a valid lease, For example, a number of non-native the provisions of the GFNMS permit, license or other authorization species now found in the Gulf of the regulations prohibiting disturbing birds issued by the State of California. There Farallones and Monterey Bay regions or marine mammals by flying motorized are twelve active state water bottom were introduced elsewhere on the west aircraft at less than 1000 feet over the mariculture leases in Tomales Bay coast but have spread through vessel waters within one nmi of the Farallon managed by the California Department hull-fouling, ballast water discharge, Islands, Bolinas Lagoon, or any ASBS. of Fish and Game. Three leases have and accidental introductions. In the This provision remains unique and been recently renewed: M–430–19 MBNMS, the European green , now important in that it provides special (Marin Oyster Company, 2001), M430– found in Elkhorn Slough, both preys on focus on a specific type of activity, 05 (Tomales Bay Oyster Company, the young of valuable species (such as operation of motorized aircraft, within 2002), and M–430–06 (Cove Mussel Dungeness crab) and competes with particularly sensitive environments of Company, 2002). them for resources. Introduced species the GFNMS. The MBNMS regulations The other nine leases were issued in may also cause changes in physical already contain this take and possession the 1980s and have not yet come up for habitat structure. For example, burrows prohibition. There is a minor wording renewal. The exception to the caused by the isopod Sphaeroma change to conform to the new GFNMS introduced species prohibition quoyanum, originally from New and CBNMS prohibition. grandfathers in the renewals of existing Zealand and Australia, are found in current lease agreements in effect on the banks throughout the Elkhorn Slough, G. Prohibit the Introduction of effective date of the final regulation that and may exacerbate the high rate of tidal Introduced Species allow for the introduction of introduced erosion in the Slough. Introduced This rule prohibits introducing or species as specified in these original species pose a significant threat to the otherwise releasing from within or into lease agreements. However, new lease natural biological communities and the Sanctuaries an introduced species, agreements executed after the effective ecological processes in the MBNMS and

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may have a particularly large impact on diving operations, filming, and other column and thereby contribute towards the sanctuary’s twenty-six threatened wildlife watching operations. The the Bay’s high water quality. Seagrass and endangered species. former regulations prohibited white provides breeding and nursery grounds Introduced species are also a major shark attraction activities within for fish such as herring, which attach economic and environmental threat to specific areas of the sanctuary, their eggs to the seagrass blades. the living resources and habitats of the including the area out to the seaward Seagrass beds also provide important Sanctuaries as well as the commercial limit of state waters (three miles from habitats for migratory birds, such as and recreational uses that depend on the coastline). This rule extends the shorebirds, who feed upon the abundant these resources. Once established, prohibition to the entire sanctuary. fish and invertebrate species that live in introduced species can be extremely the seagrass beds. Disappearance of this I. Prohibit Anchoring in Certain Zones difficult, if not impossible, to eradicate. habitat poses a particular threat to of Tomales Bay in the GFNMS Introduced species have become vulnerable species worldwide. Seagrass increasingly common in recent decades, This rule prohibits anchoring a vessel beds also serve as buffer zones in and the rate of invasions continues to in a designated no-anchoring seagrass protecting coastal erosion and are a accelerate at a rapid pace. Estuaries are protection zone in Tomales Bay. This filter for pollutants. particularly vulnerable to invasion; and prohibition does not apply to vessels large ports, such as San Francisco Bay, anchoring as necessary for mariculture J. Clarify and Update the Use of can support hundreds of introduced operations that are conducted pursuant Motorized Personal Watercraft in species with significant impacts to to a valid lease, permit, or license. For MBNMS native ecosystems. the purposes of this regulation, This rule (1) updates the definition of anchoring refers to the dropping and motorized personal watercraft (MPWC) H. Prohibit the Attraction of White placement of an anchor that is attached for MBNMS, and (2) adds a new Sharks to a vessel, and which, being cast seasonal MPWC zone to the Pillar Point This rule expands the prohibition on overboard, retains the vessel in a area. Implementing this modified attracting white sharks in state waters of particular station. definition will help fulfill the original the MBNMS to the entire MBNMS and There are a total of seven no- intent of the regulation and its zoning GFNMS. It also prohibits approaching anchoring zones implemented in this restriction, namely to avoid disturbance within 50 meters of a white shark regulation, which comprise 22% of the and other injury of marine wildlife by within 2 nmi around the Farallon surface area of Tomales Bay. The MPWCs, minimize user conflicts Islands. Attract or attracting means the location and extent of the no-anchoring between MPWC operators and other conduct of any activity that lures or may zones encompass the known seagrass recreationalists, and continue to provide lure any animal in the Sanctuary by coverage and are based upon seagrass opportunities for MPWC within the using food, bait, chum, dyes, decoys data provided by California Department MBNMS. The new MPWC zone is (e.g., surfboards or body boards used as of Fish and Game from 1992, 2000, 2001 restricted to periods of high surf decoys), acoustics or any other means, and 2002. The no-anchoring seagrass warnings and during winter months. except the mere presence of human protection zones include some areas This additional exception beings (e.g., swimmers, divers, boaters, where seagrass coverage is extensive accommodates recreational activities in kayakers, surfers). and other areas where coverage is the area without impacting Sanctuary Disturbance related to human discontinuous and patchy. All zones uses or exacerbating user conflicts. interaction is increasing as a result of extend shoreward to the Mean High NOAA received comments that the controversial cage shark diving Water Line (MHWL). Also, the extent of Mavericks surf break at Half Moon Bay operations, also known as adventure the seagrass beds can change over time. was a unique big wave tow-in surfing tourism, and other wildlife watching NOAA will review and update location in the continental United operations. These activities may degrade periodically the adequacy of these States, accessible only by MPWC tow-in the natural environment, impacting the zones, as needed, based on new seagrass techniques and should be given special species as a whole, and individual monitoring data. consideration for MPWC access. See sharks may be negatively impacted from This prohibition protects seagrass discussion in Appendix A of the DEIS repeated encounters with humans and beds in Tomales Bay from the at page 18–19 (of Appendix 1). Based boats. Implementing these regulations destructive effects of anchoring vessels. upon the evidence that Mavericks was will resolve user conflicts (between Seagrass means any species of marine such a special national sporting venue, shark researchers and adventure angiosperms (flowering plants) that NOAA investigated whether allowing tourism) and prevent interference with inhabit portions of the seabed in the MPWC operations at that location could the seasonal feeding behavior of white Sanctuary. Those species include, but be accomplished in a manner sharks. Reducing human interaction and are not limited to: Zostera asiatica and compatible with the Sanctuary’s chumming would decrease the impacts Zostera marina. Seagrass beds are primary goal of marine resource on natural shark behavior. This commonly found in tidal and upper protection. As a result of the review this regulation is not expected or intended to subtidal zones and foster high levels of rule establishes a new MPWC zone off impact any current lawful fishing biological . Seagrass beds Pillar Point Harbor that will allow for activities within the GFNMS and are located throughout the sanctuary in recreational access via MPWC to the MBNMS. The purpose of this estuaries, bays and , such as Mavericks surf break during National prohibition is to protect white sharks Tomales Bay, Bolinas Lagoon, Estero de Weather Service High Surf Warnings from intrusive activities during their San Antonio and Estero Americano. issued for San Mateo County during critical feeding life-cycle in the GFNMS Seagrass species within GFNMS December, January, and February. High and the MBNMS. jurisdiction, including Zostera marina Surf Warning conditions from December With respect to the MBNMS, this rule and Gracilaria spp., cover an estimated through February are not likely to occur modifies the regulations to expand the 397 hectares (1.5 mi2) or 13% of at Mavericks more than 3–4 days per prohibition against shark attraction to Tomales Bay. The seagrass beds help year. These are the conditions that the entire sanctuary. White sharks have trap sediments and reduce excess create oversized wave face, for which experienced disturbance from cage nutrients and pollutants in the water motorized tow-in support is necessary.

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They are the very conditions that big machinery, that is designed to be classic Jet Ski design, a variety of craft wave tow-in surfers desire and that have operated by standing, sitting, or are currently marketed that are equally made Mavericks a world renowned surf kneeling on, astride, or behind the maneuverable at high speeds, with break. Surfers and other water users not vessel, in contrast to the conventional shallow drafts and powerful thrust/ operating MPWC will have access to manner, where the operator stands or weight ratios. One such innovation Mavericks year-round, so the presence sits inside the vessel; (2) any vessel less involves a remotely operated water-jet of MPWC at the site for potentially 1% than 20 feet in length overall as propulsion pod controlled via a tow line of the year will not significantly disrupt manufactured and propelled by by a skier behind the pod. Water-jet other recreational activities there. machinery and that has been exempted propelled surf boards are also available. Furthermore, during High Surf Warning from compliance with the U.S. Coast Small, highly maneuverable jet boats conditions, most people do not enter the Guard’s Maximum Capacities Marking have also entered the market. These ocean, further reducing potential user for Load Capacity regulations found at non-conventional watercraft designs conflicts due to MPWC operations at 33 CFR Parts 181 and 183, except demonstrate the creative variations in Mavericks. submarines; or (3) any other vessel that MPWC that warrant a more resilient MPWC are small, fast, and highly is less than 20 feet in length overall as regulatory definition. maneuverable craft that possess manufactured, and is propelled by a Part 1 of the definition is similar to unconventionally high thrust capability water jet pump or drive. Part 1 of the current definitions of MPWC used by and horsepower relative to their size definition focuses on operating the Gulf of the Farallones and Florida and weight. Their small size, shallow characteristics and is not constrained by Keys National Marine Sanctuaries, the draft, instant thrust, and ‘‘quick reflex’’ hull design or propulsion unit National Park Service, and the State of enable them to operate closer to shore specifications. Part 2 focuses on high- California’s Harbor and Navigation and in areas that would commonly pose speed hull designs that shed water (e.g., Code. However, it differs by omitting a hazard to conventional craft operating Kawasaki Corporation’s Jet Ski line) and reference to particular hull design, at comparable speeds. Resources such as is not constrained by propulsion unit length, or propulsion system in order to sea otters and seabirds are either unable specifications or operating prevent the definition from becoming to avoid these craft or are frequently characteristics. Part 3 focuses on jet obsolete over time due to the rapidly alarmed enough to significantly modify boats that share the same operating evolving MPWC design. It also no longer their behavior such as cessation of capabilities as craft that meet the includes a reference to a speed feeding or abandonment of young. Tow- definition under parts 1 and 2 but where threshold. This language was difficult to in surfing activity using MPWC has passengers sit inside the craft. enforce and did not sufficiently been increasing at many traditional The new definition is intended to encompass those vessels of concern to surfing locations in the MBNMS, effectively identify all craft of concern the NOAA. The new definition also regardless of surf conditions. The without inadvertently restricting other identifies a wide variety of riding MBNMS has received complaints by watercraft by including them in the postures common to the unconventional surfers, beachgoers, and coastal definition. The former definition was vessel designs that pose a threat to residents that the use of MPWC in insufficient to meet NOAA’s original Sanctuary resources and qualities. traditional surfing areas has produced goal of restricting the operation of small, These threats arise because these design conflicts with other ocean users and has highly maneuverable watercraft within features increase the vessel’s caused disturbance of wildlife. During the boundaries of the MBNMS. It did maneuverability and allow riders to the designation of the MBNMS, the not encompass the majority of MPWC enter shallow water zones and areas operation of MPWC in nearshore areas operating within the MBNMS because it adjacent to small islands and off-shore was identified as an activity that should was based upon outdated MPWC design rocks used by marine mammals and be prohibited to avoid such impacts. characteristics of the early 1990s. Since seabirds as breeding, nursing, and NOAA’s rationale and authority to 1992, MPWC manufacturers have built resting areas. Although part 1 identifies impose such restrictions were affirmed increasingly larger craft with 3+ the operating characteristics of most in Personal Watercraft Industry passenger riding capacity or varied vessels of concern at the present time, Association, et al. v. Department of design characteristics that place these it alone does not reach all craft of Commerce, 48 F.3d 540 (D.C. Cir. 1995). craft outside the former MBNMS concern. For this reason, parts 2 and 3 The former regulations restricted MPWC regulatory definition. These newer craft were included in the definition. to specific zones within the MBNMS; effectively skirt the definition, yet they Part 2 utilizes an existing U.S. Coast however, the definition did not cover all retain or exceed the performance Guard regulation to identify many types of existing MPWC. Watercraft that capabilities of their predecessors that existing and future vessel designs that were larger and that could accommodate pose a threat to Sanctuary resources and pose a threat to Sanctuary resources and three or more persons were not subject qualities. The former definition was qualities. The Coast Guard requires to the regulations because the former based solely upon static design special testing for most powered vessels definition did not define them as characteristics that have rendered it under 20 feet in length. This is due to MPWC. The former regulations therefore obsolete and ineffective over time. the unique stability and displacement did not fully address the threat posed by NOAA has therefore developed a more characteristics of these vessels that MPWC to marine resources and the flexible, integrated three-part definition affect passenger safety (33 CFR part issue of user conflict. To address these that will continue to be relevant even in 183). The weight/size ratio of these concerns, the new definition of MPWC light of continuing MPWC design small craft presents a higher risk of covers all categories of MPWC and changes. Should a future MPWC design swamping, capsizing, sinking, and therefore eliminates the loophole in the unexpectedly displace any one part of passenger dismount. The Coast Guard former regulations. The changes expand the definition, one or both of the requires that the results of the vessel the definition of MPWC to address a remaining two parts would still apply to stability tests be printed on a capacity broader range of watercraft that are sustain the intent of the definition. plate affixed to each vessel design for restricted. Though the vast majority of MPWC which the special testing is required (33 Under the new definition, MPWC operated in the Sanctuary today are CFR part 181). A key component of the means (1) any vessel, propelled by similar to Kawasaki Corporation’s Coast Guard’s regulation is a stability

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test. To conduct this test, weight is speed, and shallow draft). They 660). NOAA subsequently approved and systematically added to the outer hull therefore allow these vessels to operate implemented this recommendation by until it tips to the waterline, allowing in areas where wildlife is most designating Davidson Seamount as EFH water to flood into the vessel. From frequently found. Part 3 was thus and prohibiting all fishing below 3000 such tests, computations can be made to developed to include these small craft feet in the area proposed to be included determine the maximum safe passenger in the definition. Jet propulsion vessels in the MBNMS (71 FR 27408, May 11, and cargo loading capacity for that that are longer than twenty feet do not 2006). vessel design. generally possess these same In order to protect its resources and Some high-speed unconventional operational characteristics and provide opportunities for a better vessels (e.g., jet bikes, hovercraft, air capabilities, and are thus excluded from understanding of the seamount, this rule boats, and race boats) are designed the definition. Further, Coast Guard incorporates into the MBNMS a square without carrying spaces that hold water. regulations often categorize small boats area of approximately 29 statute miles In other words, their hull designs as less than 20 feet in length. NOAA has (25 nmi) per side. The incorporated area prevent flooding, because they do not similarly adopted this standard to includes the water and submerged lands have open hulls into which water will differentiate between smaller and larger thereunder. This rule prohibits moving, flow. Since this design feature makes it jet-propelled vessels. removing, taking, collecting, catching, impossible to complete the tests harvesting, disturbing, breaking, cutting, required by 33 CFR Part 183, the K. Incorporate Davidson Seamount or otherwise injuring, or attempting to manufacturers of such craft routinely Management Zone (DSMZ) Into MBNMS move, remove, take, collect, catch, seek and receive exemptions from these This rule defines and incorporates the harvest, disturb, break, cut, or otherwise testing and labeling requirements. DSMZ into the MBNMS, and establishes injure, any sanctuary resource located With the exception of submarines, the a unique set of prohibitions for that more than 3,000 feet below the sea ‘‘powered’’ surface vessel designs that area. The shoreward boundary of the surface within the DSMZ. It also are exempted from the Coast Guard DSMZ is located 75 statue miles (65 prohibits possessing any sanctuary regulations at 33 CFR parts 181 and 183 nmi) due west of San Simeon, and is resource the source of which is more (e.g., jet bikes, hovercraft, air boats, and one of the largest known seamounts in than 3,000 feet below the sea surface race boats) possess two or more of the U.S. waters. It is 26 statute miles long within the DSMZ. Although the following characteristics: Robust and 8 miles wide. From base to crest, prohibitions do not apply to commercial buoyancy, are capable of rapid the Davidson Seamount is 7,480 feet and recreational fishing (or possession acceleration, are capable of high (2,280 meters) tall, yet it is still 4,101 resulting from such activity) below 3000 maneuverability at speed, and have a feet (1,250 meters) below the sea feet within the DSMZ, these activities shallow draft. These and other surface. Threats from fishing are are prohibited under 50 CFR part 660 associated design characteristics afford relatively remote; the top of the (Fisheries off West Coast States). The such vessels unique access and seamount is too deep for most fish Sanctuary regulations do, however, operability within sensitive marine technology. However, future prohibit resource extraction conducted areas (e.g., marine mammal and seabird fishing efforts could target the for research purposes, as research enclaves). This fact poses a threat to seamount. extraction is not within the scope of 50 Sanctuary resources and qualities—the NOAA determined the Davidson CFR part 660. same threat that prompted regulatory Seamount requires protection from the restrictions on the operation of such take or other injury to benthic organisms Preexisting Activities in the DSMZ hull designs within the MBNMS in or those organisms living near the sea 1. Military activities. Most of the 1992. By using the Coast Guard’s floor because of the seamount’s special prohibitions in the MBNMS regulations maximum capacity standard (33 CFR ecological and fragile qualities and do not apply to military activities that Parts 181 and 183) in part 2 of the potential future threats that could were conducted by the Department of definition, NOAA can effectively and adversely affect these qualities. For Defense prior to the 1992 designation of precisely identify various vessels of example, the crest of the seamount the MBNMS and listed in the 1992 FEIS. concern while avoiding an excessively supports large gorgonian coral forests, For purposes of the DSMZ, the date of complicated and lengthy definition for vast sponge fields, crabs, deep sea designation is the effective date of this MPWC. Although part 2 of the fishes, shrimp and basket stars. rule and the germane FEIS is the 2008 definition includes some vessel designs NOAA consulted with the Pacific FEIS. This means that the military already captured by part 1, it Fishery Management Council (PFMC) activities identified in the 2008 FEIS are compensates for static aspects of part 1 on the most appropriate level of exempted from the indicated MBNMS that could result in a regulatory resource protection for the Davidson regulations within the DSMZ. loophole due to rapidly evolving MPWC Seamount and the various means for 2. Non-military activities. Section designs, as has happened with the achieving it. This consultation 304(c) of the NMSA provides that: former definition. coincided with the culmination of the ‘‘Nothing in this chapter shall be Parts 1 and 2 largely address problems PFMC’s separate, longer-term efforts to construed as terminating or granting to caused by non-conventional hull identify and protect Essential Fish the Secretary the right to terminate any designs, which allow the user to enter Habitat (EFH) on the West Coast. The valid lease, permit, license, or right of sensitive and important wildlife PFMC unanimously supported the subsistence use or of access that is in habitats. But they do not adequately incorporation of the seamount into the existence on the date of designation of address the emergence of small, MBNMS, but recommended that any national marine sanctuary.’’ This conventional hulls powered by water jet protection from fishing impacts be provision is implemented by National propulsion systems. Jet propulsion achieved by including Davidson Marine sanctuary Program Regulations systems give vessels many of the same Seamount as one of the areas considered at 15 CFR 922.47. operating characteristics and for protection as EFH under the Although NOAA is not aware of any capabilities of the previously identified Magnuson-Stevens Fishery non-military activities being conducted vessels of concern (e.g., rapid Conservation and Management Act in the DSMZ, anyone who has a acceleration, high maneuverability at (Magnuson-Stevens Act) (at 50 CFR part preexisting activity in the DSMZ that

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falls within section 304(a) of the NMSA addresses the factors that the Director grammatical and technical changes to may request certification of that activity must consider in order to issue a permit. the permitting procedures section to by filing a formal application to NOAA 4. Finally, this rule modifies the remove extraneous language concerning within 90 days of the effective date of regulations to require the permittee to standard permit conditions and to add this rule. hold the United States harmless against clarity to the necessary findings and any claims arising out of the permitted considerations for issuance of a permit. L. Codify Preexisting Dredged Material activities. 6. The changes also include technical Disposal Sites in MBNMS N. Implement Other Technical Changes changes to the MBNMS boundaries, This rule clarifies the location of areas and Updates which are referenced in Appendix A to where dredged material may be the MBNMS regulations below. With the disposed within MBNMS by codifying 1. Clarify that ‘‘submerged lands’’ are exception of adding Davidson and clearly identifying the coordinates within the Sanctuaries’’ boundary, (i.e., Seamount, discussed above, the minor of four disposal sites: (1) SF–12 outside part of the GFNMS and CBNMS). This changes are for purposes of clarifying Moss Landing at the head of Monterey updates the boundary regulation to existing MBNMS boundaries. Canyon; (2) SF–14 offshore of Moss make it consistent with the NMSA and IV. Comments and Responses Landing; (3) Twin Lakes Disposal Site revised terms of designation. 2. Update the calculation for the area outside Santa Cruz Harbor; and (4) During the public comment period, of the GFNMS. Since designation the Monterey Disposal Site adjacent to NOAA received over 17,250 written area of GFNMS has been described as Wharf 2 near Monterey Harbor. All four comments, some of which were approximately 948 square nautical sites were approved by the U.S. submitted as part of a mass mailing miles. However, adjusting for technical Environmental Protection Agency and campaign. NOAA conducted 7 corrections and using updated Army Corps of Engineers and have been information sessions and 7 public technologies, the GFNMS area is now in use since before the MBNMS hearings to gather additional input. calculated to be approximately 966 designation in 1992. The former Written and verbal comments were square nautical miles. The legal MBNMS regulations did not include the compiled and grouped by general topics description of GFNMS is updated to coordinates for these sites. To ensure into general topics and specific sub- reflect this change. This update does not these sites are used appropriately and issues. Substantive comments received constitute a change in the geographic accurately, this final rule contains a are summarized below, followed by area of the GFNMS but rather represents table in the Appendix that includes the NOAA’s response. Multiple but similar a more precise measurement of its size. comments have been treated as one coordinates. 3. Permanently fix the shoreward comment for purposes of response. boundary of the GFMNS adjacent to M. Update and Clarify Permitting Comments beyond the scope of the Point Reyes National Seashore (PRNS). Regulations for the Sanctuaries proposed action are neither summarized The 1981 designation of GFNMS linked nor responded to. NOAA summarized This rule makes a number of changes the boundary to the seaward limit of the comments according to the content the former permitting regulations. PRNS. Since then, the National Park of the statement or question put forward 1. NOAA amends its regulations to Service has made at least two boundary in written statements or oral testimony modify the GFNMS permit regulations modifications to the PRNS in areas regarding the proposed actions. NOAA to add ‘‘assist in the managing of the adjacent to the GFNMS, requiring made appropriate changes to the FEIS Sanctuary’’ to the list of the types of NOAA to redefine the GFNMS and Sanctuary Management Plans in activities for which a permit may be boundary, the geographic extent of its response to the comments including issued. This addition provides the authority, and enforcement and updates to socioeconomic and Director authority to issue permits for implementation of programs. Fixing the ecological data where the comments otherwise prohibited activities in order shoreward boundary of the GFNMS affect the impact analysis or is relevant to further Sanctuary management. adjacent to PRNS as it was at the time to the sanctuary action plans. Several 2. This rule also modifies the permit of GFNMS designation in 1981 by technical or editorial comments on the regulations for the GFNMS and CBNMS coordinates using the North American DEIS and Management Plans were also to strengthen and augment the factors Datum of 1983 ensures consistency and taken under consideration by NOAA that NOAA considers when evaluating continuity for the boundary, sanctuary and, where appropriate, applied to the applications and issuing permits. Under management and user groups. this rule, NOAA may not issue a permit 4. Technical corrections to the FEIS and/or Management Plans. These unless it first considers certain CBNMS boundary and the boundary comments are not however included in additional factors, including but not coordinates are based on the North the list below. limited to, the manner in which the American Datum of 1983. Since Alteration of or Construction on the activity will be conducted and whether designation, the area of CBNMS has Seabed it is compatible with the primary been described as approximately 397 objective of protection of Sanctuary square nautical miles. However, Anchoring on Cordell Bank resources and qualities, considering the adjusting for technical corrections and Comment: The Cordell Bank extent to which the conduct of the using updated technologies, the CBNMS regulation regarding anchoring outside activity may diminish or enhance area is now accurately described as the 50-fathom line should be edited to Sanctuary resources and qualities, any approximately 399 square nautical make clear that anchoring is only potential indirect, secondary, or miles. The legal description of CBNMS allowed in conjunction with lawful cumulative effects of the activity, and reflects this change. This update does fishing activities, with the assumption the duration of such effects; and the not constitute a change in the that allowances/regulations for other necessity to conduct the activity within geographic area of the Sanctuary but cases (such as anchoring in emergency the Sanctuary. rather represents a more precise situations) are handled elsewhere as 3. This rule also modifies the permit measurement of its size. needed. application process to require 5. Additional changes to the Response: The regulation does not applicants to submit information that Sanctuaries’ regulations include prohibit anchoring of any type outside

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the 50-fathom depth contour around Response: The regulation prohibiting production of oil or gas’’ within the Cordell Bank. Anchoring for both lawful deserting a vessel is primarily designed MBNMS. fishing and other uses is allowed to address vessels posing a threat of Comment: There is concern with the outside the 50-fathom line. The intent of discharge or seabed alteration but that ‘MBNMS alteration of submerged lands’ the prohibition is consistent with the have not yet submerged. However, prohibition, as it relates to the sanctuary wording as drafted and no changes are current regulations for the sanctuaries permitting process for a potential large- necessary. prohibit discharge and abandonment of scale research project associated with any matter onto the seafloor within the the Integrated Ocean Drilling Program. Coastal Armoring sanctuary. The current and new Response: The general permitting Comment: The MBNMS Coastal prohibitions do not apply, however, if a process, protocols, and guidelines have Armoring Action Plan should include a person/entity conducting an otherwise not changed in response to the updated guidance statement acknowledging that prohibited activity has a valid permit or language used to describe the the implementation of this Action Plan authorization from the appropriate prohibition on the alteration of may involve costs, which are not sanctuary superintendent issued submerged lands within the sanctuary. feasible for the landowner. pursuant to the regulations for that NOAA will continue to review any Response: The Coastal Armoring sanctuary. Anyone wishing to establish proposal to conduct an otherwise Action Plan in the MBNMS an artificial reef within one of the prohibited activity, whether it is a Management Plan provides sanctuaries could apply for a permit or commercial or research project, and programmatic guidance and no authorization. NOAA’s review of such a evaluate proposals on a case-by-case additional regulations for landowners. project would include a consideration of basis, to determine whether the project NOAA understands development of all relevant environmental issues, such is consistent with the NMSA and additional structures to protect existing as contaminant discharges/leaching/ MBNMS regulations. structures involves certain market and flaking, entrapment hazards, loss of Research and Fishing Exceptions non-market costs for landowners and natural habitat and displacement/loss of the public. Loss of natural resources natural species assemblages, alteration Comment: The bottom trawling also represents costs to landowners and of local trophic relationships, fisheries exception for alteration of submerged the public. interactions, physical stability and long- lands in GFNMS, 922.82(5)(B), should Comment: The Coastal Armoring term impacts, monitoring and liability. be modified to allow ‘‘setting fish traps Action Plan should be more neutral in or longlines’’ and ‘‘permitted research tone and discuss the circumstances in Ocean Drilling vessel.’’ which the benefits of projects might Comment: An offshore oil drilling ban Response: The regulatory text has outweigh potential environmental should be expanded. been revised to use language consistent with MBNMS regulations. The impacts. Response: There is currently a Response: NOAA recognizes coastal exception to altering submerged lands regulatory prohibition on exploring for, armoring may have benefits in certain for ‘‘bottom trawling from a commercial developing, or producing oil, gas, or situations. The MBNMS Management fishing vessel’’ is changed to ‘‘while minerals in the three national marine Plan and Action Plans were written to conducting lawful fishing activities.’’ sanctuaries (with the exception of describe the issues that MBNMS is This change did not necessitate mineral extraction in MBNMS, these addressing—in the case of coastal modification to the environmental prohibitions are also statutory for the armoring, NOAA is concerned about analysis. However, the regulations do MBNMS and CBNMS); this ban on oil damage to the seafloor, wildlife impacts, not provide an exception for permitted drilling activities does not extend loss of habitat, aesthetic impacts, and research vessels. The Director, at his or beyond the boundaries of the loss of recreational opportunities. her discretion, may issue a permit, sanctuaries. Other regulatory authorities Comment: I strongly support subject to certain conditions, to allow including the Minerals Management regulations to restrict coastal armoring otherwise prohibited activities if they Service and the State of California have along MBNMS’s coastline. The further research related to Sanctuary regulatory authority for oil drilling, e.g., proliferation of structures such as resources and qualities. seawalls and breakwaters is having a outside of national marine sanctuaries. damaging effect on intertidal habitats Comment: Offshore drilling for oil Submerged Cables and is blocking public access to and gas should be permitted. Comment: Should the Submerged beaches. Response: The regulations currently Cables Action Plan in the MBNMS Response: NOAA recognizes coastal prohibit exploring for, developing or Management Plan also be incorporated armoring can involve adverse impacts to producing oil, gas or minerals in all into the Gulf of the Farallones and coastal habitats and users. The action three sanctuaries. The MBNMS Cordell Bank management plans? plans for the MBNMS Management Plan Designation Document also contains Response: The siting of submerged were written to address these issues as such a prohibition. NOAA has not cables was not identified as a priority part of a comprehensive program modified these prohibitions because it issue in the GFNMS and CBNMS including existing sanctuary regulatory believes they are appropriate. In scoping meetings and is thus not prohibitions regarding alteration of the addition, in the MBNMS and CBNMS addressed in the GFNMS or CBNMS seabed and discharging into the there are statutory prohibitions on management plans. NOAA reviews sanctuary. certain oil and gas activities NOAA permit applications to install submerged cannot change. Public Law 101–74 cables in those sanctuaries pursuant to Artificial Reefs (August 9, 1989) prohibits ‘‘the the NMSA and applicable sanctuary Comment: How would the vessel exploration for, or the development or regulations in 15 CFR Part 922. NOAA abandonment prohibition affect production of, oil, gas, or minerals in would also consider how similar proposals to sink ships as artificial any area of the’’ CBNMS. Similarly, applications were addressed by the reefs? Some people are interested in Public Law 102–587 (November 4, 1992 NMSP for other sanctuaries. doing this in MBNMS and areas north at section 2203) prohibits ‘‘any leasing, Comment: NOAA is wrong in of San Francisco. exploration, development, or distinguishing between submarine

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cables for scientific purposes and those consider intrusive activities related to and the environment from food for commercial purposes. Both have commercial submarine cables such as additives, fecal contamination, nearly identical environmental impacts installation (e.g., burial), removal, and interbreeding/genetic pollution, and pose a conflict for other lawful maintenance/repair work to qualify for pharmaceuticals, food colorings and users of a sanctuary. Although NOAA’s a special use permit. When such pathogens. Consider a ban or subject special use permit policy on submarine activities are subject to NMSP regulatory these activities to rigorous regulation cables does not distinguish among the prohibitions, they will be reviewed and, and monitoring. Aquaculture should be reasons for the ‘‘maintenance of if appropriate, approved through the restricted to native species only. submarine cables beneath or below the NMSP’s regulatory authority (and not Response: Permitting decisions for seabed,’’ MBNMS recently issued a through the special use permit aquaculture involving any species other permit for a research cable not subject authority).’’ Currently, only special use than native species will consider the to the special use permit restrictions in permits are subject to fees. risk of harm from escape or predation. the National Marine Sanctuaries Act. In Comment: The MBNMS Draft MP Certain activities associated with 2000, Congress added language waiving should not include reference to allowing aquaculture operations are already ‘‘fees for any special use permit’’ for a a special use permit for submarine regulated. Discharges from a future non-profit activity but did not authorize cables for commercial purposes within aquaculture operation, if allowed, is waiving the requirement for the permit. sanctuary waters. Many of the activities also regulated under prohibitions This issue must be clarified in a manner inherent to submarine cable installation, against discharge or depositing from confirming that any submarine cable operation, repair and removal are within or into the sanctuary as well as operator must first obtain a special use generally incompatible with the any discharge or deposits from beyond permit and file an appropriate bond to National Marine Sanctuaries Act’s the boundary of the sanctuary that enter protect other users of a marine statutory objective of resource the sanctuary and injure a sanctuary sanctuary. Also, research cables may protection and violate existing MBNMS resource. If NOAA determines have commercial benefits to the owners, prohibitions against ‘‘drilling into, additional aquaculture regulation is so an assessment needs to be made as dredging, or otherwise altering the necessary for the protection of sanctuary to whether fees are appropriate. submerged lands of the sanctuary; or resources and qualities in the future, NOAA could issue regulations as Response: Submarine cables for constructing, placing or abandoning any appropriate. scientific and commercial purposes structure, material or other matter on the submerged lands of the sanctuary Comment: Mariculture operations could have similar impacts to marine should be part of the sanctuary’s resources. Both types of cable projects * * *’’ Although exceptions may be made for cable projects designed to education component, in terms of are required to undergo thorough educating public/children during tours environmental review. The NMSP has enhance scientific understanding of the sanctuary, no such exception exists for of facilities about this sustainable food distinct authorities (prescribed by law system, its impacts, and the marine and regulations) to allow the conduct of purely commercial projects. Special use permits are designed for activities that ecosystem as a whole. specific otherwise prohibited activities Response: Ocean-based commerce have a short-term duration (no more within national marine sanctuaries. The and industries are important to the than five years). Therefore, the MBNMS most commonly used authority is found maritime history, the modern economy, Draft MP should be revised to clarify in NMSP regulations (15 CFR Part 922) and the social character of this region. that submarine cables for commercial to allow certain types of activities, such The GFNMS Maritime Heritage Action projects will not be permitted. as research, education and resource Plan includes activities to cultivate Response: The MBNMS management, to occur in instances partnerships with local and state Superintendent has the discretion to where it would otherwise be prohibited programs and communities to help issue appropriate permits or by the NMSP regulations. In addition, educate the public about maritime authorizations allowing specific NMSP regulations applicable to economic activities and human activities otherwise prohibited in the MBNMS allow ‘‘authorization’’ of other interaction with the ocean. NOAA’s sanctuary and NOAA’s regulations do agency permits for prohibited activities implementation of the MBNMS Fishing not limit this discretion in the manner not qualifying for a research or other Related Education and Research Action recommended by the commenter. See permit. Another authority derives from Plan will educate the public about previous response regarding special use Section 310 of the National Marine fishing issues, including mariculture permits. The National Marine Sanctuaries Act (16 U.S.C. 1441), operations in the MBNMS, to increase Sanctuaries Act states that special use regarding ‘‘Special use permits’’ for public education about sustainable permits shall not authorize the conduct activities requiring access to or non- fisheries and food systems. injurious use of sanctuary resources. To of any activity for a period of more than Comment: The proposed regulations date, the NMSP has issued few special 5 years unless they are renewed. prohibit new piers and docks in the use permits for various commercial Consideration of any permit or GFNMS. There had been some activities not injuring sanctuary authorization for commercial cables exemption for coastal dependent uses in resources. NOAA would issue special requires extensive information and the past because these facilities are use permits for submerged cables only analyses as outlined in detail in the important to mariculture industry, in for continued presence of commercial MBNMS Submerged Cables Action Plan. terms of being able to land shellfish in submarine cables already on or beneath The MBNMS will continue to evaluate the GFNMS. the seafloor and likely in conjunction projects and proposals on a case-by-case Response: NOAA is not issuing a new with an authorization for the basis to ensure compatibility with prohibition on piers and docks in these installation and removal components of protection of sanctuary resources. regulations. The construction of docks any project. The NMSP clarified special Aquaculture and Kelp Harvesting and piers has been prohibited within use authority for commercial submarine the GFNMS since its original cables in the Federal Register (Vol. 71, Aquaculture designation in 1981. The exception to No. 19, Monday, January 30, 2006). As Comment: Commercial fish farming this prohibition in Tomales Bay remains stated therein, ‘‘The NMSP does not poses tremendous risk to native species in the regulations. New language

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clarifies existing regulations and all Response: Sanctuary designation or assemblages may be found on other current exemptions. This regulation also expansion is premised upon setting central California seamounts; however, does not prohibit mariculture operations aside areas of the marine environment we currently do not have enough from using existing piers and docks. that have nationally, and sometimes scientific information. The seamount Comment: The proposed regulations internationally significant living or non- habitat of Davidson Seamount would be include a provision about a moratorium living resources. Sanctuary designation unique to the MBNMS and National on laying any pipeline. This may be an provides authority for comprehensive Marine Sanctuary System as there are issue for mariculture in terms of intakes. protection and management, including no other seamounts within the current Response: The regulations do not research, education, and outreach. Thus, sanctuary boundaries. The Davidson include a moratorium on laying designation does not require an existing Seamount description in the pipelines for water intake. The new or imminent threat. The MBNMS Designation Document has been language in the GFNMS regulations Management Plan, however, describes clarified to describe the national clarifies the existing regulation and threats to the Davidson Seamount in the significance of the resources and prohibits installing pipeline in the Davidson Seamount Action Plan. In qualities of the Davidson Seamount. GFNMS related to hydrocarbon addition to resource protection, other (Davis et al. 2002; GSA Bulletin operations outside the GFNMS. management interests warrant including 14(3):316–333) Kelp Harvesting the Davidson Seamount in the National (DeVogelaere et al. 2005; In: A. Freiwald Marine Sanctuary System. There is Comment: The kelp beds surrounding and J.M. Roberts (eds), Cold-water currently no comprehensive Corals and Ecosystems. Springer- Pleasure Point (Santa Cruz) that used to conservation and management scheme clean and calm the surf under windy/ Verlag Berlin Heidelberg, pp 1189– in place to protect the organisms on the 1198) choppy conditions have been over- seamount or the surrounding ecosystem. harvested. There is a noticeable effect (Planet Earth DVD 2007; British While resource protection is the primary Broadcasting Corporation) on the water quality involving lack of purpose for designation as a national Comment: Use NMSA to protect kelp and the oils that the kelp provides marine sanctuary, NOAA also seeks to Davidson Seamount if MSA protections for calming the surface conditions. The increase national awareness and public are reduced or eliminated. kelp is cut at low tide and is reducing understanding of seamount systems. the protection it provides to the eroding Comment: The addition of Davidson Response: NOAA has two statutory cliffs. The kelp is nine feet under water Seamount to the sanctuary will certainly authorities relevant to this comment, the at high tide. The effects on aquatic life provide additional protection for this National Marine Sanctuaries Act have not been researched adequately. area. Will there be considerations for (NMSA) and the Magnuson-Stevens Kelp beds that are adjacent to surf areas researchers who may want to study the Fishery Conservation and Management should be left in their natural state as a seamount and its ecology? Act (MSA). NOAA considers both the control and compared to those areas that Response: NOAA’s goals in NMSA and MSA as tools that can be are being harvested. incorporating the Davidson Seamount used exclusively or in conjunction to Response: Kelp harvesting is currently into the MBNMS are to increase protect sanctuary resources. NOAA regulated by the California Department understanding and protection of the evaluates the regulatory options on a of Fish and Game (CDFG) under the seamount through characterization and case by case basis to determine which authority of the Fish and Game ecological process studies. NOAA mechanism is most appropriate to meet Commission. CDFG has conducted encourages researchers to study the the stated goals and objectives of a extensive research on impacts of kelp seamount and to share the gained sanctuary. In the case of the Davidson removal and prescribes restrictions for knowledge about this important area. Seamount Zone, NOAA chose to use kelp harvesting by permitted parties. However, if the research involves both authorities to prohibit fishing and NOAA will continue to work with collection of resources or involves other extractive activities below 3,000 CDFG to implement the kelp harvesting prohibited activities such as disturbance feet. If, in the future, the goals and policies adopted by the Commission in of the seafloor or discharge of matter, objectives of the Davidson Seamount 2000. the researchers must seek a permit from Zone are not met because of the Boundaries NOAA prior to engaging in those reduction or removal of MSA activities. protections in the Davidson Seamount Davidson Seamount Comment: Can you provide Zone, NOAA will re-evaluate impacts Comment: NOAA should prohibit supporting references regarding the on the zone. If additional regulations on deep sea trawling at Davidson uniqueness of Davidson Seamount? fishing are warranted, NOAA will Seamount. Response: Davidson Seamount is the follow the process set forward in Response: On June 12, 2006, NOAA largest seamount in the western Pacific Section 304(a)(5) of the NMSA. prohibited use of any gear that could Ocean and is one of the largest Comment: How does the circular contact the bottom, including trawl gear, seamounts in the world. It may have designation match the EFH designation? at a depth of greater than 3,000 feet in unique links to the nearby Partington Which one more closely matches the the Davidson Seamount Management and Monterey submarine canyons. The EFH designation—the circle or the Zone. This prohibition was included in seamount is home to fragile coral square? Perhaps a depth contour management measures to implement colonies estimated to be more than 100 approach or lines based on a contour Amendment 19 to the West Coast years old. It provides habitat for many would be more appropriate. Groundfish Fishery Management Plan. rare and endemic species. Davidson Response: NOAA selected the See Federal Register Docket No. Seamount is home to previously rectangular boundary based on input 051213334–6119–02; I.D. 112905C. undiscovered species (i.e., 15 species from the Sanctuary Advisory Council Comment: There is no reason at this are currently being described as new to and the Pacific Fishery Management time for including the Davidson science) and large patches of corals and Council for ease of understanding and Seamount within the Monterey Bay sponges provide an opportunity to enforcement of regulations. The sanctuary, since there are no threats discover new ecological processes. The rectangular shape matches the currently on the horizon to that area. high biological diversity of these designation of the area as Essential Fish

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Habitat and a Habitat Area of Particular which has no basis in science and is groundwater basins (and appropriate Concern, as well as associated fishing simply a historic attribute. There is regulatory mechanisms) should be regulations. unnecessary confusion, and the Marin added to the list of comprehensive coastline should be part of the GFNMS. potential impacts. Expansion Also, the current ‘‘fixed boundary’’ Response: NOAA recognizes Comment: NOAA should expand the proposed between GFNMS and National desalination technologies potentially Cordell Bank and Gulf of the Farallones Park Service (NPS) is unworkable and address water shortages and may, in National Marine Sanctuary boundaries should be amended to be a flexible some cases, be a preferred alternative to north to cover the entire Sonoma boundary that follows the NPS further overdrafting of groundwater County Coast to the Mendocino County boundary or the Mean High Water Line, basins or damming of coastal streams. line including the rivers and estuaries. whichever is further from land. NPS has This consideration is added to the list Response: NOAA did not propose to authority and protections that meet or in Activity 2.3 of the Desalination expand the Cordell Bank and Gulf of the exceed those of GFNMS, so there is no Action Plan in the MBNMS Farallones Sanctuary boundaries as part reason for joint jurisdiction. Management Plan. of the Joint Management Plan Review Response: The MBNMS and GFNMS Comment: A comprehensive water process. However, the CBNMS and contain a Northern Management Plan resource management plan should be GFNMS management plans include Cross-Cutting Action Plan to provide included as an information requirement strategies to develop a framework for consistent management of the resources. under Activity 4.2 of the Desalination identifying and analyzing boundary NOAA is fixing the GFNMS boundaries Action Plan. alternatives. in Tomales Bay to the coordinates Response: A water resource Comment: Bodega Harbor should be established during the original management plan may be necessary for included in GFNMS. designation of the Sanctuary in 1981 to other agency review of a potential Response: At this time, NOAA is not avoid confusion and allow for accurate desalination project. However, at this considering adding Bodega Harbor to mapping. The boundaries would return time, NOAA believes the existing list of GFNMS and is not considering any to the mean high water line except in submittal requirements is adequate to expansion of the Sanctuary boundary. the Point Reyes National Seashore review a project for potential impacts on Comment: The Santa Cruz City (PRNS) where the GFNMS boundary sanctuary resources and qualities. If Council unanimously voted to support a follows the seaward extent of the PRNS. additional information is necessary, boundary adjustment to include the Establishing fixed points for the NOAA may request information from the project applicant. nearshore waters of the City of Santa boundaries of the GFNMS in Tomales Comment: NOAA should provide Cruz within the MBNMS. In addition to Bay would not affect the National Park exemptions to MBNMS prohibitions on the technical corrections to the Service’s authority to extend the PRNS boundary, specific mention of this area exploring for, developing, or producing boundaries into the Sanctuary. Fixing oil, gas or minerals within the Sanctuary should be included in the Final EIS. the boundaries to a set coordinate Response: Consistent with the request and drilling, dredging or otherwise avoids confusion of affected agencies of the Santa Cruz City Council, NOAA altering submerged lands to allow for and the public. Having National has adjusted the MBNMS boundary to desalination exploration and Seashore and National Marine include within the sanctuary the outer construction, repair, or maintenance of Sanctuary protection strengthens the harbor waters of the City of Santa Cruz, seawater desalination systems. safeguards for resources in the area. If but exclude Santa Cruz Small Craft Response: NOAA will continue to the National Park Service proposes to Harbor. This boundary change is now work with desalination plant owners remove a shoreline parcel from its explicitly referenced in Section 2.6 of and operators as well as other relevant boundaries, the NMSP may conduct the the Final EIS. management authorities to consider appropriate review for inclusion in the Comment: Expand the MBNMS projects on a case-by-case basis. NOAA Sanctuary. boundary south to Pt. Sal to encompass is concerned with negative effects of Comment: The management of the San Luis Obispo County. desalination activities, both San Mateo coast by the GFNMS should Response: During the scoping and individually and cumulatively, on the be made permanent. prioritization process, NMSP health of the ecosystem and will Response: The management of determined there was support for and continue to review projects for impacts sanctuary waters off San Mateo County opposition to a boundary expansion of from discharges, alterations of the (and San Francisco and Marin County) MBNMS to include additional waters seabed, and the taking of marine will remain as defined by the NMSP offshore of San Luis Obispo County. mammals, turtles, and seabirds. Director in 2004. The GFNMS will be There were also various suggestions on Comment: We understand MBNMS the lead for most issues, including those how far south to extend the boundary. has proposed changes that refer to related to enforcement of MBNMS The NMSP, in consultation with elected ‘‘beach wells’’ as an alternative source regulations. The MBNMS will be the officials in this region, determined not of water for new desalination plants. We lead to implement the Water Quality to expand the boundary to allow the object to the MBNMS proposals to Protection Program. Both sanctuaries’ local community to work towards a consider, support, recommend, or staff and the NMSP West Coast Regional consensus on boundary expansion. For approve beach wells for the purposes of Office coordinate closely in this this management plan review process, desalination and exporting groundwater management regime. the NMSP has not included or expanded from our Salinas Valley groundwater the boundary off San Luis Obispo Depositing and Discharging Activities aquifers to the Monterey Peninsula. The coastline, but could reconsider this in MBNMS has no authority to advocate, Desalination the future. support, promote or adopt policies, or Comment: Consideration of whether grant approval of any project that relies Internal Boundaries or not desalination facilities may on the illegal taking of groundwater that Comment: The Marin coastline in the provide for environmental belongs to the overlying landowners of Sanctuary System is divided between enhancement, such as restoring coastal the Marina/Castroville/Moss Landing MBNMS (5%) and GFNMS (95%), stream flows or overdrafted areas.

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Response: NOAA did not make description of the role of the MBNMS in HDD–5 regarding lack of need for reference to or recommendations regulating discharges of dredged additional beach nourishment sites. regarding beach wells as a source of material and resulting disturbance of the Comment: EPA guidelines do not state water for desalination facilities in the seabed. In 1992, the designation of the that dredged material for ocean disposal proposed rule or DEIS/draft MBNMS prohibited use of new ocean must be at least 80 percent sand. management plan. dredged material disposal sites within Response: The Clean Water Act Comment: NOAA should develop the Sanctuary. guidelines for disposal of dredged regional oversight and guidelines for Comment: Beneficial use / beach material state that material should be proposed desalination plants to nourishment sites are recognized at ‘‘predominantly’’ sand for the purpose eliminate piecemeal and inconsistent Santa Cruz, Moss Landing and possibly of applying the testing exclusion criteria reviews. Pillar Point. We urge NOAA to be open of the ocean dumping regulations in Response: There is a need to take a to future beach nourishment sites. Loss Section 404. The EPA has provided regional approach to reviewing the need of sand and beach value is a national guidance stating ‘‘predominantly’’ for and siting of desalination facilities. issue, as well as a California issue. should be interpreted as 80%. The MBNMS Desalination Action Plan Opportunities of all types should be Marine Debris includes a strategy to encourage recognized and nurtured. Comment: The sanctuaries need development of a regional program. Response: NOAA does not regulate Comment: The Desalination Action stronger comprehensive action plans disposal of matter above the mean high and implementation to halt marine Plan should not apply to previously water line on beaches adjacent to the submitted applications for desalination debris and litter, including more sanctuary, except as regards discharges staffing. Also, there is a concern that projects. that enter the sanctuary and injure a Response: The Desalination Action none of the water quality platforms deal sanctuary resource. NOAA has included Plan outlines NOAA’s role within the with the prevalence of marine debris in a strategy in the MBNMS Management regulatory framework—the plan does the MBNMS. Marine debris is a separate Plan (HDD–5) to address alternatives to not include additional regulations. important facet of urban run off. NOAA ocean disposal, particularly beneficial NOAA’s review of any application for should ask restaurants to use uses such as beach nourishment. NOAA desalination projects will include, but biodegradable take-out containers, deleted language in this strategy not be limited to: (1) Pipeline employ more cleanup crews, and install regarding the lack of need for additional construction on the seabed; (2) more recycling bins (e.g., there are no beach nourishment sites in response to degradation of water quality from recycling bins on Fisherman’s Wharf in comments. chemicals in the discharge brines and Monterey). Other recommended Comment: California Coastal their potential impacts on the resources measures include: installing filters for Commission staff notes the increasing and qualities of the sanctuary; and (3) all the drains to the bay, in order to number of incremental requests for discharge treatment methods utilized to catch large debris; employing crews to changing permitted harbor dredging reduce the injury to sanctuary resources clean up the marine environment like operations in the region. NOAA and the and qualities. on the highways; working with Comment: Reductions in urban runoff Commission should work with the companies to change the shape of items and increased use of porous surfaces, harbors and require them to conduct a that become debris so that the items retention and cisterns would more systematic and longer review of don’t look so much like food that reduce the need for desalination their operation needs and materials animals eat; and educating the facilities. management. Commission staff population about the dangers of marine Response: The GFNMS and MBNMS recommends additional text for Strategy debris, regarding ingestion, Management Plans include water HDD–5 Alternative Disposal Methods to entanglement, etc. There are laws quality programs encouraging explore a long-term approach with requiring public outreach and education reductions in urban runoff. harbors and deletion of text that regarding storm drains, but very little characterized a lack of need for effort/attention is given to this Dredged Material Disposal/Ocean additional beach nourishment sites important issue. Dumping within the MBNMS since this Response: NOAA will work closely Comment: Several agencies and characterization may be premature. with the State to address issues organizations oppose or do not Response: NOAA has also received identified in the February 2007 understand NOAA’s involvement, requests to increase amounts of dredged resolution passed by the Ocean oversight or regulation of disposal of material to be disposed in the MBNMS. Protection Council to reduce and dredged material in the MBNMS. NOAA is considering a variety of prevent marine debris. There are also Response: NOAA reviews the potential modifications in the approach opportunities to partner with the composition of the sediment, volumes, to dredged material disposal, including recently created NOAA Marine Debris grain size, and contaminant load to additional use of multiyear Program to address issues related to determine if the dredged sediments are authorizations, an ongoing interagency marine debris in sanctuaries. The appropriated for disposal in the workgroup to review permits and a NOAA Marine Debris Program has MBNMS and comply with the small relocation of one of the designated awarded grants to reduce and remove provisions of the National Marine disposal sites at Moss Landing. NOAA marine debris from the sanctuaries on Sanctuaries Act. NOAA works closely also considers various means to reduce the central California coast. NOAA has with the Army Corps of Engineers and dredging requirements through source incorporated monitoring of marine Environmental Protection Agency to reduction or bypasses, and options for debris into monthly monitoring determine the need for additional potential beneficial uses. NOAA has activities to better understand sources measures in the regulatory program added additional language to the and timing of debris in sanctuaries. This necessary to ensure protection of MBNMS Management Plan to reflect the information will help NOAA design sanctuary resources and qualities. The need for long term planning, similar to targeted outreach and education Harbors and Dredge Disposal Action the approach to coastal armoring, and messages to reduce marine debris. The Plan includes a more complete has deleted the language in Strategy MBNMS’s existing Urban Runoff Water

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Quality Action Plan addresses the regional monitoring. The GFNMS the San Lorenzo River Watershed. Each problem of land based runoff including Management Plan also contains a water of these plans contains detailed ‘‘marine debris.’’ NOAA has also quality Action Plan with an emphasis recommendations that address water developed restoration projects to on watershed and water quality issues supply, water quality, erosion and remove submerged entanglement affecting bays and estuaries. These plans sedimentation, instream flows, fishery hazards and debris from the MBNMS. contain a wide range of implementation resources, and aquatic habitat, among strategies including management many others. These programs have Radioactive Waste measures, improved monitoring, and resulted in improvements in water Comment: There is nuclear waste outreach and education. In addition, quality of the San Lorenzo River and sitting on the ocean floor of GFNMS. existing regulations for MBNMS reductions in septic system failures and Please do something about the nuclear prohibit discharges from outside the nitrate concentrations. More work waste. boundary of the sanctuary that enter and remains, particularly for sediment Response: The GFNMS Management injure a sanctuary resource or quality, reduction, and the Santa Cruz County Plan includes Strategy RP–11 and identical regulatory language is Environmental Health Services (Radioactive Waste Dump) to evaluate being implemented as a new regulation Department is the lead on the condition of, and actual impacts on, for GFNMS and as a modification of the implementation of these plans. Specific sanctuary resources and qualities from existing CBNMS regulation. concerns mentioned in the comment are the Farallon Islands radioactive waste Comment: Urban runoff needs to be best addressed by working directly with dump site. addressed by reducing impervious Santa Cruz County. In addition, NOAA Comment: The GFNMS Resource surfaces. In that way, pollutants into the has a long standing partnership with the Protection Action Plan strategy for sanctuary would be minimized and County, as the County is an active radioactive waste should begin year one groundwater could be recharged. This participant on the Water Quality instead of year four. Also this strategy will reduce the need for desalinization Protection Program’s Committee. should include a proposal for the plants and their detrimental Comment: The Monterey County designation and demarcation of the environmental effects. Board of Supervisors wants to increase approximate area of the dump site on Response: NOAA promotes reduction population by 50 percent within 20 the nautical charts. of impervious surfaces in outreach and years. Is this going to create more Response: GFNMS Management Plan technical training programs, and also pollution in the ocean (e.g., more oil Strategy RP–11 (Radioactive Waste ensures these techniques are addressed runoff)? Dump) has been amended to seek to in the National Pollutant Discharge Response: Population projections in include an update to the NOAA nautical Elimination System (NPDES) storm all counties adjacent to the three charts of the known area with water management plans developed by sanctuaries indicate that population radioactive waste containers. The local cities with the state’s Regional growth will increase in the future. timeline has been modified to Water Quality Control Boards. Cities are NOAA regulates discharges into all implement strategy RP–11 starting in required as part of these state-regulated three sanctuaries through various Year 1. plans to implement best management prohibitions. The GFNMS and MBNMS practices reducing permeable surfaces at Management Plans include Water Use of Dispersants new construction sites as well as Quality Action Plans addressing Comment: A coordinated sanctuary addressing water flowing off new discharges through runoff from land- emergency plan should include developments. In addition, NOAA based sources. The NMSP will continue coordination and decision-making added a strategy to the MBNMS Water to work with local governments and responsibilities on use of dispersants. Quality Protection Program government associations to reduce Response: Any sanctuary emergency Implementation Plan addressing the pollutant discharges. response plan will include need for more permeable surfaces in Comment: The GFNMS may want to identification of decision-making watersheds bordering the sanctuary. look beyond traditional pollutants and responsibilities on use of dispersants. This strategy identifies measures to focus on emerging contaminants like Use of dispersants in national marine replace impermeable surfaces with pharmaceuticals, pesticides and sanctuaries is discussed in the Sector permeable surfaces and to promote Low chemicals that are found in treated and San Francisco Oil Spill Area Impact Development strategies in new untreated wastewater and agricultural Contingency Plans for northern and developments. These efforts will help to and urban runoff. Land based water central California coastal counties. recharge ground water and improve the quality problems are passed on to the quality of water flowing to the oceans and the Sanctuary must Water Quality sanctuary. vigorously advocate for aggressive study Comment: Ensure that the final Comment: The San Lorenzo River has and regulation of all pollutants. management plans contain strong goals, some water quality problems and is Response: Treated and untreated regulations and implementation being tested, at great cost to the water wastewater, agricultural and urban strategies for improving water quality in company. There are several agencies runoff, and various land based water our oceans, particularly regarding the involved, all specifying different things, quality issues are addressed in the land-sea connection. which is not helping. The problems Water Quality Action Plan of the Response: The Water Quality might be solved if a lead agency could GFNMS proposed Management Plan. Protection Program Implementation work on this river and coordinate Specific reference to pharmaceuticals Action Plan in the MBNMS agency efforts. and other micropollutants has been Management Plan summarizes five Response: Several management plans added to Activity 3.1 of the Water action plans developed through a have been developed and implemented Quality Action Plan. collaborative stakeholder process to in the San Lorenzo River watershed by Comment: Beach closures and address a variety of water quality issues local agencies and organizations; postings are also due to microbial related to the land-sea connection, notably the 1979 San Lorenzo River contamination from wildlife in and including urban and agricultural runoff, Watershed Management Plan and the around the ocean. The goal of the Beach microbial contamination of beaches, and 1995 Wastewater Management Plan for Closure and Microbial Contamination

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Action Plan should be modified to risk of discharge of bacteria into the Comment: The Monterey Chapter of include ‘‘eliminate beach closures by environment. The plan includes the Surfriders requests more money be reducing microbial contamination strategies to minimize this risk. allocated to water quality testing and caused by human activities.’’ Comment: Regarding the Beach offers their organization as a partner to Response: Beaches are closed only Closure & Microbial Contamination develop a comprehensive educational when a known sewer spill has occurred. Action Plan, since these are already program that increases the public’s Beach postings are due to high E. coli required by the sewer system Waste awareness of the issue. and Enterrococcus concentrations from Discharge Requirements (WDRs), how is Response: NOAA encourages unknown sources. The Action Plan the MBNMS going to encourage those of Surfrider Foundation members to includes references to the fact there are us with WDRs to do what is already participate in the Citizen Watershed many sources of microbial mandated? Monitoring Network volunteer contamination that may trigger a Response: NOAA will promote monitoring programs. There is posting. There are many contributors of adequate ongoing maintenance of sewer identified capacity to enhance these microbial contamination in the ocean, of systems with a diversity of approaches programs by adding monitoring sites or which anthropogenic sources are just including assisting local jurisdictions expanding the duration of the one. The Beach Closure Action Plan whenever possible to access grant monitoring possibly into the winter explains the difficulty in distinguishing funding to implement the strategies that months. the source of the E. coli. The first three are identified in Strategy 5 of the Beach Comment: Do red tides in nearshore strategies address the use and need for Closures Action Plan. waters relate to the level of nutrients in new technology to both pinpoint Comment: It is not clear what criteria urban runoff? sources of E. coli and to find alternative for the certification of an approved Response: Excess nutrients contribute indicators identifying the pathogens vendor would be to address sewer to the formation of algal blooms that can causing harm to both humans and system upsets. How would a voluntary be red in color. There are also recent marine organisms. lateral inspection program be laboratory studies that have been Comment: Marine mammals and birds encouraged? conducted at UCSC directly correlating are a significant source of bacterial Response: Currently, in certain cities the amount of urea to domoic acid in contamination yet this section is heavily on the Monterey Peninsula, plumbers algal blooms. Urea is a form of nitrogen biased toward sewers as the main source that attend workshops designed to found in fertilizer and animal waste. of the contamination. The City of educate the industry on prevention of Domoic acid is known to be harmful to Monterey has inspected all of the sewer sewer spills are put on a list and are both humans and marine organisms. lines and has not found any illicit recommended by the public works Comment: The sanctuaries need to connections. department. This is one way to create an pursue an aggressive, coordinated water Response: Because the Action Plan is ‘‘approved vendor list.’’ Regarding the quality program by working closely with intent on reducing beach closures, the voluntary lateral inspection, there are the U.S. EPA and California State Water discussion and strategies focus on the cities on the peninsula already Resources Control Board. Also, the source of beach closures—known sewer implementing a sewer lateral program. sanctuaries need to work closely with spills or overflows. The reasons for NOAA will look to those programs for local, regional, state and federal potential overflows and the strategies to guidance and to determine what agencies in rigorous monitoring reduce them are discussed. NOAA is incentives work. regulation of all toxics and pathogens. aware warm blooded animals contribute Comment: Why are the coordination These policies must be frequently to microbial contamination in the and outreach efforts only being aimed at revised in view of rapidly advancing environment. This is a natural the Phase II communities? scientific evidence of toxicity for many phenomenon, and it is unfortunate the Response: Phase II communities were man-made chemistries that have technology is not readily available to specifically identified because there is heretofore not been adequately distinguish between the different only one Phase I city within the evaluated for biological impacts. sources. The Action Plan addresses this Sanctuary watersheds and that city, Response: NOAA and its partners and the need to support research to find while updating its SWMP, has had a created the MBNMS Water Quality a real time indicator identifying plan in effect for over 5 years. The focus Protection Program in 1994 with contamination sources. NOAA values currently is on Phase II cities that are twenty-five federal, state and local the City of Monterey’s partnership and developing their plans and need more agencies, public and private groups in recognizes the leadership role it has assistance for regional outreach order to protect and enhance water taken in regard to proactive responses to coordination. However, reference to quality in the sanctuary and its water quality conditions flowing into Phase I cities has been added to Activity watersheds. There is a long history of the Bay. This Action Plan addresses the 7.2 in the MBNMS Beach Closure multiple agencies collaborating on water entire sanctuary including other urban Action Plan. quality issues, and NOAA is also areas that have not yet addressed these Comment: The sanctuary should work pursuing these same relationships for issues. through the state to get notifications via the watersheds of the Gulf of the Comment: Is there local data to back the state’s notification system. Notifying Farallones and Cordell Bank NMS. up the assertion that public sanitary the sanctuary of all spills appears to be Currently, the MBNMS is synthesizing sewers are a significant source of overly burdensome. and assessing major water quality anthropogenic bacterial contamination? Response: Strategy 9 in the MBNMS monitoring programs within the Response: Strategy 5 in the MBNMS Beach Closures Action Plan identifies sanctuary to determine the state of water Beach Closures Action Plan states that the need to have a single 24 hour quality, trends over time, effectiveness sewer systems, septic systems and urban number to call for sewer spill of management measures and runoff are a significant pathway of emergencies. This number has been appropriate recommendations to anthropogenic bacterial contamination. created for the Monterey Peninsula improve a regional monitoring program. Sewers and septic systems carry cities by calling 1–800–CLEANUP. The To address emerging water quality bacteria. Because they carry sewage, strategy does not require that the issues associated with anthropogenic which contains bacteria, they present a sanctuary be notified directly. sources, the Beach Closure and

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Microbial Contamination Action Plan in ocean from land-based sources, which is otters). Pathogen pollution and non- the MBNMS Management Plan the source of a lot of pollution. point source pollution are going to identifies four activities to investigate Response: The NMSP is able to become more critical as the landscape indicators that provide real time address sources of water pollution continues to be used by humans. information on pollutants, and to through both regulatory and non- Response: The NMSP is very develop indicators that correspond regulatory means, and partners with concerned about the decline of the directly to disease causing agents and other federal, state and local agencies Southern Sea Otter population. are able to pinpoint sources of the and organizations to address these Research has shown nearly 40 percent pathogens. issues (see above response). In addition, of sea otter deaths were due to protozoal Comment: The NMSP needs to the Beach Closures and Microbial parasites and bacteria spread by fecal partner with local water quality groups Contamination Action Plan in the contamination of nearshore marine (e.g., Bodega Bay Watershed Council MBNMS Management Plan contains waters by terrestrial animals or humans. and others) to address the problem of multiple strategies to address microbial The Beach Closure and Microbial runoff from erosion and sedimentation contamination at beaches. Contamination Action Plan in the (non-point source pollution). The whole Comment: NOAA should address MBNMS Management Plan includes system needs to be evaluated to cleaning storm drain runoff, which is numerous strategies to address this understand what is flowing into the the worst thing that is polluting our issue. NOAA also has a long term estuaries, as the health is deteriorating. oceans. program monitoring bacterial There is a need to look ‘‘upstream’’ to Response: The Sanctuary contamination discharging from urban address the problem. Management Plans contain detailed storm drains and works closely with Response: It is important to Water Quality Action Plans that include cities to identify sources of the bacteria. investigate sources of pollution provisions to address stormwater runoff. Comment: There needs to be horse upstream and partner with local water The Action Plans include many manure management education. A lot of quality groups and other agencies to measures such as working with relevant manure is not composted or managed address the problems. jurisdictions to reduce contaminants in and there is nitrogen and sediment Comment: Shouldn’t there be one stormwater runoff and implementing going into the creeks. governmental authority that would be in extensive education programs. For Response: The Water Quality charge of pollution on the beaches? additional details see the three Draft Protection Program Action Plan in the Greater water quality monitoring is Management Plans. The NMSP has MBNMS Management Plan contains needed in the winter season, when worked closely with local various strategies to educate ranchers runoff can most likely bring E. coli and municipalities over the last ten years to and rural homeowners about best toxins into the bay and surfing areas. implement these strategies. management practices that can be Response: California Assembly Bill Comment: The NMSP should evaluate implemented on ranches and ranchettes 411, passed in 1997, gave responsibility the feasibility of creating a program in to improve water quality. NOAA to county environmental health cooperation with the coastal cities and coordinates with partners such as the departments along the coast to monitor operators of proposed desalination Natural Resources Conservation Service, at public beaches with more than 50,000 facilities to bring one or two historic the Resource Conservation Districts and visitors a year and that are adjacent to lakes (specifically Merritt and Espinosa local Farm Bureaus to implement the storm drain outfalls. AB 411 also set Lakes, historic water bodies that are still agricultural aspects of the plan through uniform health standards for those surrounded by rural lands with large numerous strategies such as improved monitoring programs and requires watersheds, both of which must be communications among ranchers, health officials to close beaches when mechanically drained and which empty provision of technical expertise, and pollution levels exceed the established into the existing Tembladero Slough) funding incentives. These partners limits. It also set up a hotline for beach and marsh lands back into existence identify specific ranches having manure closure information. Counties monitor adjacent to the MBNMS. These water management issues and help them pollution levels weekly from April bodies historically collected and filtered mitigate sources of manure entering through October and then monthly from runoff. local streams. November through March. In addition, Response: In recognition of the Comment: The management plans the Beach Closures and Microbial important roles of these types of water should address acid pollution effects on Contamination Action Plan in the bodies, the Water Quality Protection , as research indicates that MBNMS Management Plan contains Program Implementation Action Plan in crustaceans will be harmed to the point strategies to address microbial the MBNMS Management Plan includes of extinction in about 25 years, if contamination on beaches throughout a recommendation to develop a new acidification continues. The main the sanctuary. These strategies include plan focused on protection of source of acid pollution in the area is more real time detection, source and riparian corridors. It addresses the woodburning—fireplaces and fire pits. tracking, infrastructure improvements, need for wetland inventory, assessment Response: In its response to increased monitoring, enhanced and restoration. The Action Plan comments regarding global warming notification, technical training, public includes a strategy to identify historic and in the implementing additions to outreach, enforcement and emergency that might be restored and the Management Plan action plans, response. used for multiple benefits such as NOAA will continue to evaluate and Comment: The sanctuaries are ground water recharge, water quality address global warming impacts on a restricted in their ability to limit toxic improvements and possibly water reuse. number of factors including ocean runoff, and correct deficits in antiquated Comment: The NMSP needs to chemistry, including acidification as the treatment systems. More effective expand the non-point source pollution key chemical change being projected. regulation of pollution is still needed, water quality issue into pathogen The management actions at this time, especially where public health is often pollution and address the land/sea however, do not address the sources the put at risk by bacterial contamination at connection (e.g., feral cats and the commenter mentions. NOAA believes beaches. The NMSP needs to look for parasite being shed by cats into the this type of point source pollution is out authority to regulate runoff into the watershed and sanctuary, which kills of its scope of authority, better managed

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by relevant federal, state, and local grounding or sinking. Previously, habitat and wildlife. NOAA civil authorities. NOAA had to wait until these imperiled penalties are assessed based upon Comment: The ‘‘enter and injure’’ vessels went aground or sank in order Federal law and the particular facts of discharge rule should be worded to to take action, as no discharge or a case, including aggravating and include discharge from land-based disturbance of the seabed had yet mitigating circumstances. The sources, thus allowing similar occurred. This regulation allows NOAA regulation would in no way limit the prosecution and enforcement. to be more proactive in preventing harm authority of the Coast Guard or local Response: The regulation includes to marine resources. The regulation port districts to manage the marine material or other matter from land-based clearly states that an anchored vessel is waters within their jurisdictions. NOAA sources. The prohibition is broad and not considered secure if it is in such a enforcement officials consider includes discharging or depositing, from state that it creates the potential for a aggravating circumstances and beyond the boundary of the Sanctuary, grounding, discharge, or deposit and the mitigating circumstances in all vessel any material or other matter that owner/operator fails to remedy the casualty incidents and assess penalties subsequently enters the sanctuary and situation. NOAA believes the regulation appropriately. injures a sanctuary resource or quality as drafted provides sufficient guidance Comment: Local and state including land-based sources of to enforcement personnel to assess enforcement agencies should be the discharge. environmental threats and scale their point of contact regarding deserted Comment: The Sanctuary needs an response to the circumstances in a given vessels. ‘‘enter and injure’’ clause to its incident. Response: Deserted vessels that pose regulations to protect the Sonoma coast Comment: The proposed prohibition a threat to sanctuary resources and from pollution and mining discharges. regarding deserted vessels lacks clear qualities require immediate attention There was also concern expressed about standards and is too broad. The Coast before being rapidly destroyed by open proposed and current mining operations Guard should be consulted on this ocean forces. State and local in Sonoma County causing issue. The standard for issuing a civil enforcement agencies have limited sedimentation, , a need for penalty of any size should be spelled resources and mandates to address dredging in Bodega Harbor, and damage out and should only be issued for a derelict vessels on short notice or to to fish from dynamite blasting. condition that everyone agrees is grossly compel immediate corrective action by Response: NOAA’s regulations negligent and imminently dangerous. a vessel owner/operator. State and local prohibit discharging or depositing, from The protocols established by the jurisdictions overlay less than 20% of beyond the boundary of the Sanctuary, sanctuary must include consultation sanctuary waters. Also, State and local any material or other matter that with the Coast Guard and any governments must often give first subsequently enters the Sanctuary and applicable local port authority. With a priority to derelict vessel removal from injures a Sanctuary resource or quality. lack of a complete network of harbors of inland waterways due to navigational (This regulation is already in effect for refuge, a sailboat with an outboard obstruction issues or constituent the MBNMS.) Although this regulation engine with two gallons of gasoline concerns. Vessel casualties can present by itself would not prevent activities could sink and be fined for failing to a significant threat anywhere in the beyond the Sanctuary boundary (e.g., salvage the vessel. Also, a vessel adrift Sanctuaries and at any time. The coastal development, dredging, mining from a boating accident should not be MBNMS and GFNMS need consistent or other resource extraction activities) penalized, especially when the regulations that compel immediate including in Bodega Harbor, it can be occupants may have lost their lives due action by vessel operators/owners to used to prevent injury to sanctuary to a disastrous situation beyond their remediate threats to protected national resources from these activities. control. resources. Response: The definition for Comment: The proposed prohibition Vessel Abandonment ‘‘deserting’’ a vessel lists clear and regarding deserted vessels could be a Comment: The proposed prohibition specific qualifying standards, including detriment to safety of life at sea, in that against abandoning a vessel would make the physical state of the vessel, the threat of penalty may cause a master it a federal penalty to leave: ‘‘* * * a notification protocols, specific time to delay abandonment of a sinking vessel at anchor when its condition requirements, and required hazard vessel beyond what is prudent. This creates potential for a grounding, remediation actions. The U.S. Coast regulation should be much more discharge, or deposit, and the owner/ Guard has had an opportunity to review narrowly drafted to allow for a master’s operator fails to secure the vessel in a the draft regulation and has forwarded judgment in extremis. timely manner.’’ This language does not no objections or comments to NOAA Response: Sanctuary regulations make sense. The regulation states that regarding this issue. Coast Guard include exceptions for otherwise the vessel in question would be regulations about vessel abandonment prohibited activities when conducted in anchored. Normally, if a vessel is primarily center on obstruction of response to an emergency threatening anchored, it is secured. Thus, the phrase navigable waterways and public safety life, property, or the environment. Thus ‘‘secure the vessel in a timely manner’’ issues, so the Coast Guard’s definition evacuation of crew members whose would not be germane in this situation. and timelines for addressing abandoned lives are in immediate danger would NOAA should re-write this section for vessels are designed for an intent other constitute an exception to the clarity. Also, the phrase ‘‘potential for than natural resource protection. The prohibition. A vessel master’s primary grounding’’ is overly broad and would sanctuary definition for a deserted duty is to safeguard the lives of his/her be subject to arbitrary law enforcement vessel is designed to address the risk of crew and passengers, in all standards. natural resource injury from an circumstances. Further, NOAA Response: There have been many unattended vessel through its potential considers mitigating circumstances situations in the sanctuaries where a grounding, sinking, discharging of when reviewing vessel casualty vessel has been either left adrift, left hazardous materials and marine debris. incidents for potential legal action. partially submerged at anchor, or is Thus, a deserted vessel presents a more However, the prohibition against dragging anchor in such a way as to immediate concern to natural resource deserting a vessel could apply, for create an imminent threat of a managers tasked with protecting marine example, where the crew has been

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removed to safety and the vessel owner State regulation, the prohibition only sewage or graywater will vary or operator fails to take immediate applies if vessels have sufficient holding depending on a number of factors and action to prevent environmental damage tank capacity when in sanctuary waters. must be determined by each vessel at from a vessel casualty or where other Comment: MARPOL Annexes should the time it enters the boundaries of the circumstances warrant such application. provide a benchmark for ‘‘minimum’’ National Marine Sanctuary. A vessel standards for compliance by vessels with adequate holding capacity must Vessel Discharges operating within a national marine retain those discharges to the extent sanctuary. Note: For the purposes of the responses possible in designated waters. Vessels below, ‘‘discharge’’ is intended also to Response: MARPOL Annexes are the without holding capacity, either because encompass ‘‘deposit.’’ original minimum standards for of a lack of holding tanks or lack of compliance for vessels operating in a excess capacity within their tanks, may Comment: The regulations for the national marine sanctuary. The national discharge treated sewage and graywater MBNMS should prohibit large cargo marine sanctuaries include additional in designated waters. vessels from operating within Areas of regulations and higher standards for Comment: Adequate education about Special Biological Significance (ASBSs). discharges and use of marine sanitation these discharge restrictions will ensure Response: The ASBSs in the MBNMS devices, which are desirable to protect the ocean going fleet retains all are nearshore and do not need sanctuary resources and qualities from discharges to the greatest extent possible protection from transiting cargo ships. . The regulations are within these sanctuaries. Vessel traffic lanes were established in enforced in accordance with Response: NOAA will continue to offshore waters of the MBNMS for the international law. educate vessel operators about existing movement of cargo vessels through the Comment: The need and intent of the and new regulations regarding discharge sanctuary. These lanes are well outside proposed regulation for locking marine of matter in National Marine of ASBS areas. The ASBSs within the sanitation devices are not entirely clear. Sanctuaries. NOAA will also seek MBNMS are protected by the same The proposal to lock all sanitation assistance from the various marine sanctuary discharge prohibitions that devices on small vessels in sanctuary shipping representatives such as the apply throughout the Sanctuary. waters has neither a factual basis nor World Shipping Council and Pacific Comment: The proposed cross-cutting extensive analysis. Merchant Shipping Association to vessel discharge regulations, which Response: The MBNMS regulations educate its member companies about allow the discharge of ‘‘biodegradable have included a prohibition against operational restrictions in National effluent incidental to vessel use and discharge of untreated sewage from Marine Sanctuaries. generated by an operable Type I or II vessels since 1992; however, detection Comment: More consideration and marine sanitation device * * *’’ and identification of unlawful sewage discussion should be devoted to the regardless of the size of the vessel, may discharges from vessels at sea and/or need to control microbial pathogens be inconsistent with State law. Recently underway has proven to be impractical. from anthropogenic onshore sources enacted State regulations (SB 771, Ch. The requirement that MSDs be locked in that may affect the marine habitat, as 588 of the Statutes of 2005, titled ‘‘The a manner that prevents overboard well as from vessel discharges. These California Clean Coast Act of 2005’’) discharges (e.g., locking closed an are highly significant water quality prohibit sewage and graywater overboard discharge valve) provides a problems that are expected to increase discharges (including oily bilgewater, practical compliance element for with population growth and increases in hazardous waste and other waste— enforcing this prohibition and helps vessel traffic. This issue needs more photographic, dry-cleaning and medical prevent both intentional and explicit attention in order to plan for the waste) from vessels of 300 gross unintentional overboard discharges of protection of both humans visiting the registered tons or more if vessels have untreated sewage within the MBNMS. sanctuaries as well as the veterinary holding tank capacity (rather than Comment: Vessels 300 GRT or greater medical implications of current research allowing discharge from Type II MSD). with insufficient holding capacity for in the survival of waterborne microbial NOAA should consider whether it is treated sewage from a Type I or II MSD pathogens in marine ecosystems. appropriate to change the management may not be able to ‘‘lock’’ the system, Viruses are a concern due to their high plans and regulations to reflect these yet would still only discharge treated survival rates in marine waters and their State standards or if this current sewage above and beyond their holding capacity for causing infection in much proposal can be complementarily capacity. NOAA should substitute the lower doses than are generally required implemented with the State standards. term ‘‘operate’’ for the term ‘‘lock’’ to in the case of bacterial pathogens. They Response: The regulations prohibit avoid confusion and provide protection can pose both a public health hazard discharging any matter from a cruise sought by the regulation. and veterinary medical hazard to ship other than clean engine or Response: The intention of the various species, as implicated in various generator cooling water, clean bilge regulation for restricting discharges of studies. Some of the implications of water, and anchor wash. For vessels treated sewage from vessels 300 GRT or these findings strongly suggest that other than cruise ships, the regulations greater is to minimize discharges from current federal performance standards clarify that discharges/deposits allowed these large vessels while in the for MSDs, based as they are on fecal from marine sanitation devices apply sanctuary. If the vessel does not have coliforms, are insufficiently protective only to Type I and Type II marine sufficient holding capacity while of both human water-contact activities sanitation devices, and vessel operators operating in the sanctuary, the vessel and marine mammals. Graywater are required to lock all marine may discharge sewage treated by a Type discharges from vessels are generally sanitation devices in a manner that I or II MSD. The term ‘‘lock’’ only refers untreated, yet may also contain a similar prevents discharge of untreated sewage. to ensuring the device is operational range of microbial pathogens, in In response to the comment, the NMSP and not in a mode bypassing the particular those associated with galley revised its regulations to prohibit treatment device. NOAA understands waste (e.g., Salmonella), hand-washing sewage and graywater discharges from the determination as to whether a vessel facilities, laundry services, and bathing vessels of 300 gross tons or more, has sufficient holding tank capacity to facilities. NOAA should prohibit consistent with SB771. Similar to the provide for no discharge of treated discharges of graywater and treated

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sewage from vessels in each sanctuary Response: The purpose of requiring subject to this regulation if the discharge in the following areas: All State waters, deck wash down and graywater to be injures a sanctuary resource or quality other locations where there are resident biodegradable was to prevent boaters within the sanctuary. This is not a new colonies of protected marine mammals, from washing their decks down with regulation for MBNMS, where it has shellfish beds, and areas in which the solvents, or discharging harmful been in place since 1993. This final rule public has significant contact with chemicals in their graywater. However, does not change the boundaries of the either marine waters and/or resources NOAA agrees use of the term sanctuary except for the addition of the harvested in the sanctuaries, and other ‘‘biodegradable’’ potentially raises Davidson Seamount to the MBNMS. The locations which NOAA determines enforcement and compliance issues. It is regulation has two additive elements. In there is a significant likelihood that not a term that has a recognized legal order for a violation to occur, the wildlife, fisheries, and/or the public definition and products are labeled as material discharged or deposited from could be harmed from exposure to ‘‘biodegradable’’ without reference to a beyond the boundary of the sanctuary microbial pathogens. fixed set of standards. NOAA could subsequently entering the sanctuary Response: NOAA recognizes define the term; however, it would not must also injure a sanctuary resource or microbial contamination is a significant be reasonable to expect a boater to know quality, except for the exclusions listed issue for health of living marine which of the wide spectrum of products in the regulations. resources. These contaminants from labeled as ‘‘biodegradable’’ meet Comment: The proposed cruise ship anthropogenic land based sources and NOAA’s definition. For all three discharge prohibition should be from vessels are addressed in the sanctuaries, NOAA replaced the extended to all ocean-going vessels. management plans and regulations. As requirement that deck wash down and While the volume of discharge is such, this rule prohibits discharge of graywater be ‘‘biodegradable’’ with the considerably smaller per ship, relative sewage and graywater from cruise ships requirement that they be free of to cruise ships, the total volume has the and vessels 300 gross tons or more in all detectable levels of ‘‘harmful matter’’ as potential to harm sanctuary resources. three sanctuaries. Discharge of sewage defined in the regulations. This Under the proposed regulations, from other types of vessels is prohibited facilitates compliance by providing ‘‘biodegradable’’ graywater and vessel except for effluents free from harmful boaters a definition of what is deck wash, and ‘‘clean’’ bilge water matter and incidental to vessel use and prohibited, and will be more focused on could be discharged, but the regulations generated by an operable Type I or Type the type of contaminants that pose the do not define biodegradable, and provide no means for actually enforcing II marine sanitation device. Discharge of greatest threat to water quality. Comment: The DEIS frequently cites these limitations. Graywater can contain graywater from other types of vessels is recreational boating as a source of water pollutants such as oil, grease, ammonia, prohibited under regulations in GFNMS contamination, which presumably detergents, metals, and pesticides. Even and CBNMS, while the new regulations underlies its proposed requirements in minuscule amounts, oil in bilge water for MBNMS allow the discharge of with respect to graywater, bilge, deck or graywater has the potential to harm graywater only if it does not contain wash and sewage discharges. Yet, the sanctuary resources. The best way to harmful matter. For land-based sources DEIS provides little in the way of ensure that sanctuary resources are of microbial contamination, the specific data regarding the extent of protected is to prohibit discharges MBNMS Beach Closures and Microbial potential water contamination completely. Without significant Contamination Action Plan includes associated with recreational boating or enforcement efforts, the ability to strategies for working with partners the impact such contamination would distinguish ‘‘clean’’ discharge from improving analyses and reducing have on marine life. harmful effluent is nearly impossible. In microbial contamination, including Response: The changes to the addition, the sanctuaries should enhanced research and monitoring, discharge regulations with respect to implement an education, monitoring notification programs, source control, use of marine sanitation devices on and enforcement program similar to technical training, public outreach and vessels are meant to clarify existing those proposed for cruise ships. enforcement. In addition, NMSP staff prohibitions. The FEIS does not Response: Regulations for each of the review, comment on and authorize distinguish discharges from commercial sanctuaries prohibit the discharge of National Pollutant Discharge or recreational vessels, only a vessel’s most matter; however, prohibiting Elimination System (NPDES) permits size and the material or other matter discharges completely would be nearly ensuring sewage treatment plants and discharged. Discussions of those impossible given the size of the municipal stormwater systems are discharges and impacts on marine life sanctuaries, use of the sanctuaries by adequately addressing microbial are discussed in the Biological commercial and recreational vessels, contamination. Resources section of the FEIS. New and proximity to coastal development. Comment: What benefit would be prohibitions with respect to cruise ships NOAA included additional regulations gained from a prohibition on discharges and vessels 300 gross tons or more restricting treated waste and graywater from small vessels (with small crew or address impacts associated with discharges from vessels 300 gross passenger loads) through all of the discharges from large vessels. registered tons or greater with sufficient sanctuary waters, given both the de Comment: The proposed rule that holding capacity while in the sanctuary. minimus impact of such discharges on prohibits discharge or depositing of any See the response in this section water quality and the vast size of the material or other matter from beyond regarding graywater and the term combined waters of the three the boundary of the Sanctuary that ‘‘biodegradable.’’ sanctuaries? That a transiting subsequently enters the sanctuary Comment: Discharge from advance recreational boater unfamiliar with should be deleted. It is absurd to the wastewater purification (AWP) systems sanctuary regulations would be subject extreme for the NMSP to seek to impose on cruise ships should be permitted. to fairly considerable penalties for using its civil and criminal authorities to These systems provide tertiary a non-biodegradable cleaning agent activities conducted outside of any treatment resulting in an effluent quality while washing his deck or dishes sanctuary boundaries. cleaner than a Type II MSD and a demonstrates the unfortunate Response: Activities taking place majority of shoreside treatment consequences of excessive regulation. beyond sanctuary boundaries are only facilities. Extensive study in Alaska has

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shown these systems to be acceptable Response: The EIS has been revised to contains exemptions for vessel engine for discharge and the U.S. EPA is reflect the current cruise ship cooling water, vessel generator cooling evaluating these systems. NOAA should regulations in Alaska, as summarized in water, or anchor wash. consult closely with the EPA and Alaska the comment. See FEIS Section 3.5.4. Response: NOAA has incorporated Department of Environmental The referenced alternative prohibition revised wording in the final regulations Conservation as they have both done that would allow discharge from AWPs allowing discharge of clean cooling substantive work on this issue. was analyzed in the DEIS, but it is not water for engines and generators and Response: The DEIS evaluated an NOAA’s preferred alternative. anchor wash in all three sanctuaries. alternative regulation allowing cruise Comment: The Cruise Ship Discharges Comment: Prohibiting discharge of ships to discharge from advanced Action Plan’s stated goal ‘‘to prevent any material from a cruise ship, other wastewater systems (see DEIS Section impacts * * * from cruise ship than the noted exceptions, could be 2.2.1 for a description of this discharges’’ is not consistent with interpreted to prohibit deck runoff alternative). NOAA is aware of the work proposed regulations. The proposed during a rainstorm or high seas. done by EPA and the Alaska regulation prohibits any discharge. Response: The regulations Department of Environmental Ships have been outfitted with implemented in this final rule do not Conservation regarding AWP systems. treatment units that convert all black prohibit routine runoff of rainwater or The program adopted in Alaska is a and graywater into potable water, which ocean spray/water from vessels. complex arrangement requiring issuance can then be discharged. Several ships Comment: The preamble discussion of a permit, prior demonstration that the that visited Monterey with advanced in the proposed rule affecting cruise ships can meet water quality standards treatment systems spent approximately ships states that ‘‘* * * such discharged based on independent contractor 5 million dollars per ship to install such effluent associated with cruise ships evaluation, environmental compliance a system. There is no scientific basis to may not adequately disperse to avoid fees, wastewater sampling and testing prohibit all discharges and no reason harm to marine resources.’’ This protocols, record keeping and reporting why material from this advanced statement is inaccurate and misleading protocols, on-board observers, and a tax treatment could not be discharged. and is not supported by scientific per passenger to fund the administration Response: By only allowing certain evaluation. Numerous studies of of the program. Such a program is types of discharge from a cruise ship, discharged effluent dispersion from inherently difficult to monitor and NOAA has in effect targeted the cruise ships indicate that both the near- enforce, and the NMSP has no discharges that have the potential to be field and far-field dispersion of mechanism in place for recouping the harmful to sanctuary resources. Effluent discharged effluent is significantly high necessary funds needed to administer it monitoring would be cost prohibitive when a ship is underway at moderate (see below for additional information and infeasible, particularly for vessels speed. Please see the U.S. EPA report on regarding the Alaska regulations). Also, underway. Additionally, ship discharge Cruise Ship Plume Tracking Survey the EPA studies indicate that although audits often reveal a discharge occurred (July 30, 2001). This report concludes AWPs remove most of the priority but do not contain information on that ‘‘* * * discharges from cruise pollutants of concern, they do not contaminant levels. Advanced waste ships undergo a dilution that is much adequately reduce discharge of water treatment systems (AWPs) on greater than the initial dilution ammonia and metals. cruise ships do not always function predicted by a model * * * Measure Comment: The DEIS analyzes an properly and when they do, they may dilutions ranged from 195,000:1 to ‘‘alternative prohibition’’ that would not effectively remove all contaminants. 666,000:1. Secondary dilution, as the allow discharge from AWP systems on Therefore NOAA believes prohibiting effluent passes through the propellers is cruise ships, in compliance with discharge with specified exceptions is an important factor when considering minimum effluent water quality the most effective and enforceable the ambient concentrations of discharge standards established by the Coast regulation. effluents, as the effluent will undergo a Guard in Alaska at 33 CFR 159. There Comment: Didn’t the California dramatic and rapid dilution after mixing are serious concerns about the Governor recently sign a bill to prevent with ambient water in the prop wash. feasibility of administering, monitoring all cruise ship dumping? See additional studies by the State of and enforcing such a program. The Response: California law imposes Alaska, the U.S. Navy and M. Rosenblatt Alaska regulations have been widely restrictions on cruise ships operating in and Sons. These studies should be fully recognized to lack adequate monitoring state waters or calling on state ports. evaluated before enacting the proposed and enforcement prohibitions and the These restrictions prohibit the burning prohibition. The drafters of the Alaska program has significant of wastes and the discharging of proposed regulations consider the administrative costs. The DEIS does not graywater and sewage. However the dilution from a moving source that is provide this important information national marine sanctuaries off of mixing its effluent in the propellers as about recent changes to the Alaska central California are predominantly inadequate and completely ignore fixed regulations. The new Alaska regulations federal waters (beyond 3 nautical miles) point discharges from municipal waste prohibit the discharge of any treated and not protected by the State’s laws. water treatment plants. sewage, graywater, or other wastewater The regulations implemented by this Response: Dilution may help reduce from a large passenger vessel unless the final rule are complementary to the impacts; however, dilution rates vary owner or operator obtains a permit and State’s laws and provide comprehensive with the speed of a vessel, and dilution discharges may not violate any protection from the threat of cruise ship does not change the volume of sewage, applicable effluent limits or standards discharges throughout the three national graywater, and bilge water discharged under state or federal law. Unlike marine sanctuaries. from the vessel. The NMSP also Alaska, the NMSP does not have a Comment: Anchor wash and cooling addresses discharges from wastewater mechanism in place to recover the water for all engines, whether main treatment plants. These facilities are administration costs. The alternative propulsion or electrical power regulated by the state’s Regional Water prohibition is not feasible, is generation should be permitted in Quality Control Boards under the inconsistent with state law, and should GFNMS and CBNMS. This change will National Pollutant Discharge not be adopted. match the MBNMS regulation, which Elimination System (NPDES). The

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NMSP tracks and evaluates NPDES Response: To ensure a heightened The sanctuary managers must have permit applications for these facilities, level of protection for the resources and strong statutory authority to protect coordinates with the State on qualities of the national marine endangered fish stocks. Similarly, the development of appropriate permit and sanctuaries, the oil discharge sanctuaries should have strong voice in monitoring conditions to ensure prohibition for all vessels is more the supervision and enforcement in protection of sanctuary resources, and— restrictive than standards for areas international fishing treaties as well as for MBNMS—issues a sanctuary outside of national marine sanctuaries. local regulation of both commercial and authorization of the permit. The NMSP sport harvesting. coordinates with State and local Fishing Activities Response: The National Marine agencies to track and follow up on spills Bottom Trawling Sanctuaries Act provides strong or other compliance violations at these authority to address and manage all Comment: Trawling indiscriminately facilities. sanctuary resources and qualities, takes all ages and species in the trawl Comment: The proposed rule affecting including endangered fish stocks that cruise ships states, ‘‘Due to their sheer nets’ paths, as well as damaging/ are important to the health of a size and passenger capacity, cruise destroying habitat. Bottom trawling sanctuary ecosystem. NOAA’s Ocean ships can cause serious impacts to the should be prohibited in the three Service, National Marine Fisheries marine environment.’’ It goes on to state national marine sanctuaries. Service, Office of Law Enforcement and that cruise ships generate sewage Response: Bottom trawling is Office of International Affairs (blackwater), graywater from showers currently banned, with limited coordinate supervision and enforcement and sinks, oily bilge, hazardous waste, exceptions, in State waters. With the of international fishing treaties as well solid waste, toxic waste from dry implementation of Amendment 19 to as local fishing activities affecting cleaning and photo processing the Pacific Coast Groundfish Fishery national marine sanctuaries. laboratories, and millions of gallons of Management Plan, NOAA provided a Exceptions for Lawful Fishing Activities ballast water containing potentially program to describe and protect invasive species. The next sentence essential fish habitat (EFH) for Pacific Comment: NMSP should use the word implies to the reader and public that Coast Groundfish. The measures include ‘lawful fishing’ as opposed to cruise ships discharge all these fishing gear restrictions and ‘traditional fishing’ in the proposed byproducts and waste from a ‘‘single prohibitions, areas that are closed to discharge and seabed disturbance source’’ that is not regulated. This is bottom trawling, and areas that are regulatory exceptions for MBNMS in misleading at best. Waste onboard closed to all fishing that contacts the order to be consistent with language in cruise ships is fully regulated and very bottom. the GFNMS and CBNMS regulations. carefully handled. Hazardous waste is Comment: Because bottom trawling Response: To use consistent carefully segregated, packaged onboard impacts are in no way limited to the terminology and avoid unnecessary and discharged ashore in accordance MBNMS, the MBNMS Bottom Trawling confusion, NOAA has incorporated the with very stringent Resource Action Plan should be made cross- term ‘lawful fishing’ into the regulations Conservation and Recovery Act cutting and apply to all three central for all three national marine sanctuaries. requirements. Other waste is disposed coast sanctuaries. Some of the strategies This change does not affect the of as permitted by law and regulation. described under the MB Action Plan are environmental impact analysis in the The preamble should be rewritten to currently underway in GFNMS and EIS, although references in the EIS to accurately reflect cruise industry CBNMS. Also, this Action Plan should traditional fishing have been changed. include a more definitive commitment environmental management practices Fishing Gear and procedures. to pursue additional regulation of Response: NOAA recognizes many bottom trawling within sanctuary waters Comment: There is a problem with cruise ship waste products are because bottom trawling is a destructive the use and definition of the term regulated, and has added clarifying fishing practice that is inconsistent with ‘‘bottom contact gear’’ in the alternative language to the FEIS Section 2.2.1 and the primary objective of the NMSP of CBNMS seabed protection prohibition. the three management plans indicating resource protection. Any fishing line with a weight at the that many cruise ship discharges are Response: While the GFNMS and the end could be considered as bottom regulated in some form by state or CBNMS do not have an action plan contact gear. A weighted line is federal law and/or by international focused specifically on the effects of necessary even for fishing off the treaties. bottom trawling on benthic habitats, bottom, as occurs with salmon or Comment: Discharge from Type II they have plans that more broadly schooling rockfish and thus the MSD units onboard cruise ships should address the impacts from fishing on the prohibition would prevent commercial be permitted. ecosystem. In addition, NOAA has or recreational hook-and-line fishing. Response: NOAA is not allowing prohibited bottom trawling in waters Also, the definition of bottom contact discharge from Type II MSD units for less than 50 fathoms on Cordell Bank gear does not include pot or trap gear. cruise ships because Type II MSDs can and in several areas within the Even though the definition is not meant fail to meet applicable federal standards. sanctuary(50 CFR Part 660). If NOAA to be inclusive, traps and pots constitute Also see section 3.5 of the FEIS, which determines additional regulations are a primary gear type and should be contains a discussion of sewage and necessary to prevent harm to the added. other discharges from cruise ships. ecosystem from trawling, it will work Response: For consistency, NOAA Further, allowing Type II MSD with fishery managers and industry to used the definition for bottom contact discharge would be inconsistent with develop regulations under the authority gear developed by the Pacific Fishery State of California discharge law for of the Magnuson Stevens Fishery Management Council (PFMC) in cruise ships. Conservation and Management Act, the Amendment 19 (Essential Fish Habitat) Comment: Cruise ships should be National Marine Sanctuaries Act, or of the Pacific Coast Groundfish Fishery permitted to discharge effluent oil both, as appropriate. Management Plan. NOAA has inserted content at 15 parts per million with no Comment: Commercial harvesting additional language in the EIS from the visible sheen. heavily impacts many species of fish. PFMC definition for clarification of this

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alternative. Additional EIS language disentanglement teams have been documents for other national marine states: ‘‘Other gear, midwater trawl gear formed to respond to large whale sanctuaries. In a response to comments for example, although it may disentanglements from Monterey published at page F–41 of the 1992 occasionally make contact with the sea County through the San Francisco Bay FEIS/MP, NOAA stated the sanctuary floor during deployment, is not area and offshore of the Farallon was not regulating fishing at that time considered a bottom contact gear Islands. Next steps would include but added that if sanctuary fishing because the gear is not designed for formalizing the large whale regulations were necessary later to bottom contact, is not normally disentanglement team network through protect sanctuary resources and deployed so that it makes such contact, agreements with NOAA. NOAA has qualities, NOAA would take the steps nor is such contact normally more than added this as an action item to the required by section 304(a)(5) of the intermittent. Similarly, vertical hook- Wildlife Disturbance: Marine Mammal, NMSA and applicable law. At page and-line gear that during normal Seabird and Turtle Action Plan under F–42 of the same document, NOAA deployment is not permanently in Strategy MMST–4. explicitly stated certain fish species in contact with the bottom, would not be Comment: Make sure that the current the Sanctuary may eventually need to be considered bottom-contact gear. NOAA regulations closing sanctuary waters to regulated. NOAA did not and would not has added pots and trap gear to the list drift gillnetting during the fall each year publish a statement promising not to of prohibited gear types for clarity.’’ remain in place to protect the ever use resource protection authority Comment: Evidence from recent endangered Pacific leatherback sea that Congress had provided. submersible surveys document a turtles. Federal fishery managers are Comment: Clarification is necessary prevalence of entangled fishing gear on seriously considering reopening the area on the term ‘resource’, which by Cordell Bank suggests that additional to drift gillnetters. MBNMS waters are definition could include fish species in prohibitions targeting longlines on among the most important on the west Article IV. Scope of Regulations, Part D Cordell Bank may also be warranted; coast to turtle feeding. MBNMS & F of the MBNMS designation NOAA is urged to address this issue. managers have the authority and document. Clarification is also Response: CBNMS staff completed a responsibility to protect endangered necessary regarding the scope of these three-year process working with the species in sanctuary waters regardless of proposed regulations and whether or Pacific Fishery Management Council what management measures are put into not they apply to fish species and/or the and NMFS to address gear impacts and place by others. closure of federally regulated or state determined additional regulations Response: In past consultations with managed fisheries. targeting longlines are not necessary at the NMFS on proposals to reopen drift Response: The term ‘‘resource,’’ as it this time. gillnet fishing off coastal California, the is used in the terms of designation for Comment: The proposed rule may NMSP has expressed concern for the MBNMS, includes the fish and other impact commercial and recreational incidental take (as bycatch) of living and non-living resources of the fishing through loss of fishing area leatherback sea turtles and other species sanctuary. The regulations do not, within the 50-fathom isobath often associated with this gear type. The however, restrict the take of fish species surrounding Cordell Bank. The NMSP also expressed these concerns as part of legal fishing activities. If in exception for fishing is not well defined. during recent consultation with NMFS the future, NOAA determines additional As written, the proposed action may be on a proposal for an Exempted Fishing sanctuary fishing regulations are misinterpreted to indicate that fishing in Permit for a single permittee to deploy necessary, it would follow the a location that is not regularly fished is shallow set long line in the current promulgation and coordination not ‘‘normal fishing operations.’’ A more leatherback closure area. The NMSP processes required by Section 304(a)(5) clear definition is needed. remains concerned about the incidental of the NMSA. Response: The wording has been take of leatherback sea turtles within Comment: The proposed fishing revised for the Benthic Habitat national marine sanctuaries and regulations, as written, would have the Protection prohibition. See FEIS Section throughout the Pacific, as the nesting dire effect of destroying the commercial 2.2.2 and Table 2–1. populations of these animals in the fishing industry which is the economic Comment: An official large whale Pacific region are in decline. The NMSP life blood of the Monterey peninsula. disentanglement team should be will continue to work closely with Response: The regulations do not established in Monterey Bay to respond NMFS to ensure that any permitted drift contain prohibitions directly affecting or to accidental entanglement in fishing gillnet or shallow set long line fishery targeting fishing activities. Specific gear or other entanglement. There is do not pose a threat to leatherback sea fisheries are also managed by other such a program developed by the Center turtles, and other endangered species agencies, including the California Fish for Coastal Studies on the East Coast. and birds in the Sanctuary. The NMSP and Game Commission and NMFS in Response: NMFS’ Large Whale will also continue to work with NMFS consultation with PFMC. See also Disentanglement Network has been on the development and use of gear previous responses to comment active in the Sanctuaries since the early types to eliminate the take of these regarding fishing regulations. 1980’s. In the fall of 2006 and spring of endangered or protected species. Comment: The Sanctuary Program 2008, NOAA offered public outreach should remain vigilant and continue to events and conducted trainings in whale Fishing Regulations work with PFMC to ensure that fishing rescue techniques in conjunction with Comment: It was guaranteed in regulations are not modified or other partners to demonstrate writing—known as ‘the promise’—in the eliminated in the future to the detriment techniques and gear used to disengage original designation documents that of protection of the Cordell Bank. If large whales from fishing gear and non- there would be no regulation governing such changes do occur, we urge the fishery equipment and marine debris. fishing coming from the sanctuaries. NMSP to act expeditiously to adopt Training efforts were extended to a Response: The comment regulations, as authorized under section group of invited professionals who misunderstands and misstates the 304(a)(5) of NMSA, to protect the Bank received special instruction consisting statement provided by NOAA in the from bottom contact fishing gear. of classroom sessions and vessel-based 1992 MBNMS FEIS and Management Response: The NMSP will continue to training and exercises. Two new Plan (FEIS/MP) and in similar work with NMFS and PFMC on the

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Cordell Bank EFH closure area and all variety of tools, including area-based research and monitoring, enforcement, other closures in National Marine restrictions, to protect sanctuary and education and outreach. The Sanctuaries affecting fishing activities. If resources. consideration of MPAs has been in the future existing EFH protections Comment: NMSP should not be ongoing for five years and continues to for Cordell Bank from bottom contact involved in creating no-take marine move forward in a very deliberate and fishing gear are modified, NMSP would reserves. Fishing regulations should informed manner. examine potential impacts to the only be promulgated by the Pacific Comment: Monterey Bay should not CBNMS environment relative to its Fishery Management Council and State close waters off for anadromous or goals and objectives. NOAA would authorities. The Sanctuary designation pelagic fishing. These species cannot be determine if additional closures are documents should not be changed to protected by closing off one area or warranted under either MSA and NMSA allow fishing regulations. another to fishing, except where they or a combination of both authorities. Response: NOAA did not propose to . And, the continuation of long- The JMPR EIS analyzes an alternative create any no-take MPAs as part of this term sustainable fishing in the region seabed protection regulation, in which rulemaking. NOAA has two relevant requires that no marine reserves should bottom contact fishing gear is statutory authorities, the National be placed in areas important to the prohibited. This alternative was Marine Sanctuaries Act (NMSA) and the salmon fishery, the crab fishery and developed and evaluated in the event Magnuson-Stevens Fishery certain types in the rockfish fishery. regulations protecting the seabed from Conservation and Management Act Response: NOAA did not propose to bottom-contact fishing gear were not (MSA). NOAA considers both the create any marine reserves as part of this implemented through the MSA or did NMSA and MSA as tools that can be rulemaking. However, the Management not meet the Sanctuaries’ goals and used exclusively or in conjunction to Plan for the MBNMS includes an action objectives for protection of the Bank. regulate fishing activities to meet plan with strategies for the sanctuary goals and objectives. consideration of new MPAs in the Fishery Management Regulatory options are evaluated by Sanctuary. This MPA Action Plan Comment: NMSP should draft an NOAA on a case by case basis to recognizes the value of full no-take integrated fishery management plan that determine the most appropriate MPAs. It also recognizes that allowing addresses the San Francisco Bay and regulatory approach to meet the stated certain types of ‘‘take’’ within an MPA perimeters of the Sanctuary. goals and objectives of a sanctuary. may be appropriate depending on the Response: NMSP works with NMFS, Comment: The use of an MPA location and the objectives of the site. the Pacific Fishery Management Council working group would be appropriate to Comment: The NMSP should adopt (PFMC) and the California Fish and evaluate the utility of MPAs if the MPAs, including no-take reserves, Game Commission when appropriate to working group process was fairly within federal waters of the sanctuaries help meet sanctuary goals and constituted and science-based. to complement the efforts of the State of objectives. San Francisco Bay, while However, it is the perception of the California. The NMSP should move providing important hydrologic and fishing community that the current forward on creating MPAs in federal ecological connections to the MBNMS MPA working group is waters using NMSA if necessary. sanctuaries, is not within any national seriously flawed as a public/science- Response: NOAA believes additional marine sanctuary. based process. MPAs are needed in federal waters of Response: The working group meeting the MBNMS to address ecosystem Marine Reserves/Marine Protected from 2002–2007 included a broad mix objectives, possibly including no-take Areas of stakeholders including recreational marine reserves. As such, NOAA has Comment: NOAA should pursue and commercial fishermen, divers, initiated a process to consider how best marine protected areas (MPAs) action scientists, environmentalists, and to address this need through a plans in CBNMS and GFNMS similar to agency personnel. The working group collaborative public process that the MBNMS MPAs action plan. The includes preeminent local MPA involves all affected stakeholders. sanctuaries must address marine scientists who help provide scientific NOAA has not determined there is a protected areas as a management tool to guidance to the working group during need for additional no-take marine achieve sanctuary goals related to deliberations. NOAA’s decisions reserves in the federal waters of CBNMS ecosystem protection and research. regarding if and where to create new or GFNMS at this time. NOAA may take Sanctuaries have both the legal MPAs will be grounded in the best action in the future if there is a authority and legal obligation to review available information and science. determination additional fishing changed conditions and adopt Comment: There is lack of specificity regulations, possibly including no-take management plan changes, as necessary. in the strategies and associated activities marine reserves, are necessary to protect Response: NOAA does not believe in the MBNMS MPA Action Plan. There sanctuary resources. there is a need for separate action plans will be a rush by the sanctuaries to do Comment: Limitations on noise to address MPAs in CBNMS and something without a clear should be included in the definition of GFNMS. CBNMS Management Plan understanding of all the habitats within an MPA. strategy EP–4 addresses impacts on such a large coastal area, nor the ability Response: The Management Plan for sanctuary resources and area-based to develop an integrated and adaptive the MBNMS includes strategies to restrictions are proposed as one of the management system. reduce the threat of acoustic impacts on potential management actions, if needed Response: The MBNMS MPA Action marine mammals and other species but in the future. The GFNMS Management Plan is intended to be a framework not as part of the regulatory scheme for Plan contains action plans on Impacts document that outlines the general MPAs addressing fishing activities. See from Fishing Activities (Strategy FA–4) types of evaluations, criteria, and responses to comments in ‘‘Noise and Ecosystem Protection (Strategy EP– programs for considering and effectively Impacts’’ section. 1), addressing the need to provide implementing MPAs. This framework Comment: The proposed MPA Action special areas of protection for sensitive identifies the areas where specific Plan timeline is too slow. The plan habitats, living resources, and other information will need to be developed, should make implementation of marine unique sanctuary features. It considers a such as in habitat characterization, protected areas—specifically fully

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protected marine reserves—much higher with the ocean.’’ The MBNMS agencies, and NOAA is adopting a priority, and give it a more ambitious Management Plan includes the Fishing comprehensive program coordinated timeline. Related Education and Research Action throughout the three sanctuaries in Response: As is true with many Plan, whose goal is to involve fishermen northern and central California. community based initiatives, the in research activities to add to the body Definition and Regulation process for considering and potentially of research available for fishery-related siting MPAs in the MBNMS takes time. decision-making processes. The GFNMS Comment: The proposed Introduced This does not mean that the issue is not Management Plan includes strategy FA– Species prohibition would prohibit any a priority for NOAA. While the 5: Develop public awareness about the new leases for the Pacific oyster, which management plan review process has value and importance of the historical would impact the mariculture industry been progressing, NOAA convened a and cultural significance of maritime in Tomales Bay. NOAA states that there multi-stakeholder group to consider communities and their relationship and hasn’t been interest in additional leases, new MPAs. reliance on healthy sanctuary waters. but that’s due to the existing regulatory framework, which is very restrictive and Spearfishing The recreational and commercial fishing communities also hold seats on the cumbersome. Comment: Do not prohibit free-dive advisory councils for the sanctuaries Response: This final rule restricts new spearfishing. and provide input into education, leasing of areas to native species but Response: NOAA is not regulating research and resource protection would not impact any existing spearfishing at this time. Other activities. mariculture activities in Tomales Bay. regulatory authorities, including Comment: The plan allowing Introduced species currently allowed by California Fish and Game Commission, fishermen to participate in fisheries the State of California as of the date of have regulations prohibiting research may be a conflict of interest. this regulation, including Pacific spearfishing in certain zones in State Response: Allowing fishermen to Oysters, may continue to be farmed. waters of the MBNMS and are participate in research activities adds to Comment: Will a list be provided of developing regulations for zones that the body of research available to native species in each Sanctuary to could affect spearfishing in the GFNMS. decision-makers and increases the allow the Sanctuary to determine if in See also responses to comments fishing community’s understanding of fact a species introduced is non-native? Response: NOAA does not have a regarding fishing regulations. ongoing research projects. In many comprehensive inventory of species cases, fishermen possess experience and Working With Fishing Community introduced into the sanctuaries. If a knowledge that can be particularly Comment: The National Marine species is documented as native to the helpful in research activities. Sanctuary Program should consider a ecosystem, it would not be considered Comment: Consider the impacts on larger role for the fishing community an introduced species. fishermen. There is a lack of whose goodwill is important to long- Comment: The proposed Introduced compassion for fisher folk; get them jobs term support for sanctuary programs Species prohibition would prevent the on the water, or buy their boats and and whose livelihoods depend on the introduction of genetically modified offer them jobs. protection of the sanctuary’s resources. species (DEIS page 3–51), but there is no Response: This rulemaking does not Response: The fishing community is definition provided. Triploid oysters are include regulation of fishing activities; important and provides opportunities commonly used by Tomales Bay oyster however, the management plans include for involvement in Sanctuary research, growers to avoid the oysters spawning, activities to involve fisherman in education, and resource protection and thus avoid the resultant poor research and outreach programs. See the activities. The NMSP recognizes the condition of oysters for sale. Would this previous response for ways the economic importance of local fishing proposed rule ban these oysters which management plans involve fishermen in and waterfront businesses, including the are a more desirable nonnative, due to sanctuary activities. infrastructures that support them. their lack of spawning, versus normal Moreover, NOAA believes appropriate Introduced Species oysters which spawn but do not fisheries within a national marine successfully establish? sanctuary are an indication of a healthy Agency Coordination Response: This rule does not prohibit ecosystem protected by that Sanctuary. Comment: It appears that the triploid oysters currently used by The Cordell Bank, Gulf of the sanctuary wishes to grant itself Tomales Bay oyster growers and Farallones, and Monterey Bay National unlimited authority to accomplish the cultivation of them would be allowed to Marine Sanctuaries Joint Management task of preventing and managing the continue. Future leasing of undeveloped Plan Cross-cutting Maritime Heritage spread of introduced species. lands in Tomales Bay would be Action Plan states ocean-based Regulations, permit requirements, or restricted to oysters not meeting the commerce and industries (e.g., fisheries) other enforcement oriented actions definition of an introduced species (i.e., are important to the maritime history, associated with the Introduced Species where altered genetic matter or genetic the modern economy, and the social Action Plan affecting public agencies matter from another species, has been character of this region. The Action Plan should be coordinated with, and agreed transferred in order that the host states ‘‘there is the potential to cultivate to by those agencies before they become organism acquires the genetic traits of partnerships with local, state, and federal law. the transferred genes). federal programs and identified Response: NOAA considers the threat Comment: Currently the gross leased communities and that these of introduced species to be a high mariculture areas authorized by CDFG partnerships could aid in the design and priority. The strategies in the are 10–20% net usable for mariculture. implementation of studies of living management plans to address this issue New growing techniques and/or new maritime heritage and folk life to help include research, education, and CDFG policies could expand the size of educate the public about traditional enforcement activities each including the area currently under cultivation out cultures and practices including coordination with federal, state and to the boundary of the lease area, which fishermen and economic activities local agencies. The regulation of would result in a 500%–1,000% net reflecting historic human interaction introduced species involves various increase. The area under cultivation

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should be limited to the current net scrutinized in terms of seed pathogens; species could be willfully and usable footprint. Consideration should five years of pathology and cytology go intentionally discharged with full be made for the possibility of Drake Bay into the CDFG review. Increasing the knowledge of the potential negative Oyster Company moving into Tomales footprint is not going to increase consequences. In such instances, Bay. potential impacts. Science has proven education alone could not address the Response: NOAA acknowledges an that there are more positive impacts problem. Education is an important part increase in mariculture activities could (e.g., sustainability) than negative of this issue and NOAA has included occur within existing leases since most impacts from shellfish mariculture. education components in its Action of the leases are not fully developed. Response: There are some positive Plans regarding Introduced Species. The new regulation for introduced impacts from shellfish mariculture, and NOAA coordinates with the California species does not prohibit mariculture this regulation would not restrict Department of Boating and Waterways operations in Tomales Bay conducted mariculture of native species and would already, and welcomes expanded pursuant to an existing valid lease, allow cultivation of introduced species interagency cooperation to reduce permit, license or other authorization currently authorized under State of movement and introduction of non- issued by the State of California. The California law in existing leases. native species from recreational boating. regulation does not prohibit the transfer However, past introduction of foreign Comment: The broad nature of the of current valid leases in Tomales Bay shellfish has brought diseases, parasites, Introduced Species Action Plan may to new owners within existing lease and predators that have damaged result in controls on the fishing fleet areas or future leasing of areas in ecosystems and associated native that would require all vessels to be Tomales Bay provided the new leased species. Moreover, the potential exists inspected and cleaned before every trip areas do not include introducing a ecologically for non-native shellfish to in sanctuary waters. Vessels routinely species not native to the ecosystem. be accidentally released and established enter and exit sanctuary waters. There is Comment: The exceptions would not in sanctuary ecosystems. no scientific evidence that this activity allow existing leases to fully utilize Comment: The civil penalty of up to has caused any environmental problem lease acreage for which they pay the $100,000 is too onerous for a regarding non-resident species. State to the degree authorized by their recreational boater who could Additional regulations, without any lease, Army Corps permit, and their unintentionally or unknowingly violate basis and without any evaluation of the Coastal Development permit. The the proposed Introduced Species pros and cons, should not be adopted. prohibition conflicts with State policy prohibition by releasing a nonnative Response: The Action Plan does not and limits the existing authority of the seaweed or barnacle. This prohibition mandate vessel inspections and CDFG to engage in additional bivalve should be deleted and attention should cleaning before every entry to the shellfish aquaculture leases, with be focused on education and on major sanctuary, and such activities are not existing state environmental impact sources of introduction such as ballast required by the regulation. Multiple review in place. To address these water exchange. Education is a more studies document the spread of non- concerns, the designation documents appropriate tool to address invasive native species by recreational and and proposed Introduced Species species; NOAA could partner with commercial vessels (e.g., Zebra mussels prohibition exceptions for all three Department of Boating and Waterways and quagga mussels). NOAA is also sanctuaries should be revised to allow to educate boaters about precautions. concerned about the spread of invasive mariculture and research pursuant to a Response: The National Marine algaes such as Undaria which have been valid lease, permit, license or other Sanctuaries Act establishes a limit on found in the Santa Barbara Harbor and authorization issued by the State of the maximum civil penalties that can be Monterey Harbor and could easily be California. charged for violations of sanctuary Response: The restrictions on regulations and law. Currently, that transmitted by vessels as they transit the introduced species do not restrict any limit is set at $130,000 per day for any coastline. areas currently leased by the State of continuing violation. However, the act Use of an Introduced Species as Bait California so long as the species were does not require application of the Comment: Bait used while fishing is being cultivated in those areas prior to maximum allowable penalty in any an exception to the discharge rule but the new prohibition taking effect. See enforcement case. The amount of any often times bait can be an introduced previous responses to comments penalty is generally determined by the species, so the discharge exception regarding the scope of this regulation. A nature of a violation and a variety of needs to be clarified. complete exception is not provided for aggravating/mitigating circumstances, Response: Under this action, the mariculture of introduced species and such as gravity of the violation, prior exception for the bait used in or associated research activities because violations, harm to protected resources, resulting from lawful fishing activities NOAA cannot accurately predict value of protected resources, violator’s from the prohibition on discharge of impacts that might result from conduct, and degree of cooperation. materials or other matter does not introduced species that have not been NOAA prosecutors generally scale exempt the activity from the prohibition previously cultivated in these areas. proposed penalties to fit the nature of a on the introduction of non-native Please see the response to the next particular violation. Recreational species. Specific exceptions in one comment below. boating is a common method for spread Comment: The basis for the proposed of non-native species in California. prohibition do not except the activity Introduced Species prohibition cites However, this prohibition extends from other regulations. There is no need information that is more related to beyond small-scale introduction by a to further clarify this in the regulations finfish culture and net-pen culture than recreational boater. Introduced species as NOAA’s intent in this matter is shellfish mariculture. These issues do could be discharged into a sanctuary on clearly articulated. not relate to shellfish mariculture in a large-scale, systematic basis through Motorized Personal Watercraft terms of the way it’s conducted now or many vectors, such as commercial with existing CDFG regulations, which shipping, aquaculture, aquaria, or Action Plan Review should be acknowledged (CDFG Title 24 fishing operations. Further, there are Comment: There needs to be some regulations). The industry is heavily circumstances in which introduced mechanism for periodic review of the

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MBNMS MPWC Action Plan to allow impacts, and it concluded that overall zone specifically designed to the action plan to be periodically negative socioeconomic impacts would accommodate big wave tow-in surfing. adjusted according to the effectiveness be less than significant. During NOAA public scoping of the program. meetings in 2001, NOAA received Response: The National Marine Prohibition and Exceptions comments that the Mavericks surf break Sanctuaries Act requires NOAA to Comment: The proposed MPWC at Half Moon Bay was a unique big wave review the management plans and definition change to include ‘‘any other tow-in surfing location in the action plans therein every five years. vessel that is less than 20 feet as continental United States, accessible only by MPWC tow-in techniques and Agency Coordination manufactured, and is propelled by a water jet pump or drive’’ is very vague should be given special consideration Comment: NOAA should work with and significantly over-broad. for MPWC access. Based upon the state and local jurisdictions with Response: The revisions to the evidence that Mavericks was such a authority to regulate uses or activities definition provide readily visual cues special national sporting venue, NOAA causing concern rather than creating for determining if a vessel qualifies as investigated whether allowing MPWC new authorities. an MPWC, and focus on a very specific operations at that location could be Response: NOAA has regulated group of small, powered vessels. The accomplished in a manner compatible MPWC use in the MBNMS since 1993 agency has been specific in describing with the Sanctuary’s primary goal of and in GFNMS since 2001. State and the vessels of concern and believes the marine resource protection. As a result local jurisdictions overlay less than 20% proposed definition is sufficiently clear of the review, this final rule establishes of MBNMS waters. Local governments to identify them. a new MPWC zone off Pillar Point have no mandates or authority to issue Comment: NOAA should consider Harbor that will allow for recreational MPWC regulations throughout State and alternative regulatory language such as access via MPWC to the Mavericks surf Federal waters of the MBNMS. Where that used by the State of Hawaii which break during National Weather Service local marine jurisdictions exist, they requires training and certification and a high surf warnings issued for San Mateo seldom extend seaward of the 60-ft fixed speed of 5 miles per hour when County during December, January, and depth line and are geographically within 300–1,000 feet of the shoreline. February. During the course of constrained. In addition, regulation of management plan development, NOAA Response: Vessel training curricula MPWC is often inconsistent between also received public comment and certification requirements are local jurisdictions within the MBNMS. requesting that MPWC access be granted boating safety and registration issues State and local regulations pertaining to for big wave tow-in surfing at a surf which are more appropriately managed MPWC are usually designed primarily break known as Ghost Trees, located off by State and Federal boat licensing for public safety purposes, not natural Pescadero Point in Carmel Bay. NOAA agencies. NOAA is not proposing resource conservation purposes. MPWC examined this venue, but due to several licensing requirements. Rules operations present unique threats to factors (including sensitive wildlife implemented by the State of Hawaii to marine resources of the sanctuary due to resources, distant launch sites and regulate MPWC were developed their relative size and weight. See the lengthy transit corridors, and impacts specifically to resolve boater safety and MBNMS Motorized Personal Watercraft on marine protected areas), determined user conflict issues that had arisen in Action Plan for a description of that authorization of MPWC activity at state coastal waters. The rules were uniqueness and subsequent impacts. By this location would not be consistent amended in 1994 to make provisions for limiting use of the MPWC to certain with the sanctuary’s primary goal of tow-in surfing activities and resolve areas, NOAA can ensure uniform and resource protection. NOAA also mounting conflicts between traditional consistent management of this activity received public comments that broad and tow-in surfing interests. The Hawaii to minimize threats to protected access to sanctuary waters should be rules were not developed in response to national resources throughout the granted to MPWC to support tow-in natural resource protection threats, nor MBNMS. surfing at virtually any location within Comment: NOAA should clarify what are they specifically designed to ensure the sanctuary and under any surf agency will enforce the provisions of the protection of nationally significant conditions. Thus, in this final rule, proposed regulations. marine resources or sensitive habitat NOAA has made a limited provision for Response: Primary law enforcement areas. No environmental studies were MPWC assisted tow-in surfing at the responsibilities for NOAA regulations conducted as part of the rulemaking unique big wave site known as are assigned to NOAA’s Office for Law process for Hawaii MPWC regulations. Mavericks, but would continue to Enforcement (OLE). Other federal and Further, NOAA is not proposing a prohibit MPWC use outside of the state agencies are also capable of change to the MPWC regulation itself, designated riding zones that have been enforcing NOAA regulations. For a but rather a revision to the definition. in place since 1993. Many professional complete description of enforcement Comment: NOAA should develop a and recreational surfers access breaking responsibilities and partnerships see the program to allow MPWC use in surf up to 20 feet in height within the responses to comments under the designated areas for tow-surfing sanctuary without the use of MPWC and heading ‘‘Sanctuary Management— activities. have done so for decades. Enforcement.’’ Response: NOAA considered a permit Comment: The existing MPWC zones program in the MBNMS Draft are not used and should be removed. Economic Impacts Management Plan and concluded no Response: The existing MPWC zones Comment: The new definition of MPWC recreational activity could meet are used in some areas of the MBNMS, MPWC for MBNMS will have significant the required criteria for issuance of a although the volume of use is currently negative economic impacts. Special Use Permit (see 15 CFR Sec. low. As the definition of MPWC is Response: NOAA’s socioeconomic 922.133). NOAA will continue to allow extended to encompass larger MPWC assessment in the Draft and Final EIS MPWC use for all activities in four models currently in use within the found that the changes to the definition designated MPWC use zones, plus, per sanctuary, the larger models of MPWC of MPWC for the MBNMS have both the final regulation (i.e., the FEIS not currently regulated will be restricted beneficial and adverse socioeconomic preferred alternative), an additional to the five zones. Therefore, use of

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sanctuary MPWC operating zones is consistent with the original intent of the Industry Association v. Department of expected to increase. NOAA is not regulation. Commerce, 48 F.3d. 540. closing any zones at this time. See above Response: MPWC have special Comment: NOAA lacks adequate data for additional discussion of zones. maneuver, thrust, and buoyancy regarding endangerment or harassment Comment: NOAA should allow capabilities distinguishing them from to wildlife from MPWC. MPWC use for emergencies such as other watercraft, enabling sustained Response: Local observations and rescue operations or vessel assistance intrusion by MPWC into wildlife areas. documentation of MPWC disturbance of and provide a method for emergency See the response immediately below marine birds and mammals elsewhere, response training. regarding protective measures by provide sufficient information Response: NOAA continues to allow NOAA. identifying the risks of MPWC. The use of MPWC for emergency response Comment: MPWC should be regulated regulation of MPWC within the purposes. The prohibitions listed in the in the same manner as other small Sanctuary in 1993 stemmed partially regulations at 15 CFR Section vessels. from complaints of endangerment and 922.132(a)(2)–(11) do not apply to any Response: MPWC have several harassment of marine mammals, activity necessary to respond to an characteristics distinguishing them from including highly publicized claims that emergency threatening life, property, or other small vessels. MPWC are small, a MPWC operator was observed running over a sea otter, a species protected the environment. NOAA has made fast, and highly maneuverable craft that provisions in the final management plan under the Endangered Species Act, near possess unconventionally high thrust to support MPWC rescue and training Monterey. Again, the adequacy of capability and horsepower relative to operations by government search and NOAA’s administrative record for their size and weight. This characteristic rescue agencies operating within the regulation of MPWC has already been enables them to make sharp turns at MBNMS. Search and rescue personnel upheld in court. (See previous high speeds and alter direction rapidly, specialize in public safety, and their responses.) NOAA has received written while maintaining controlled stability. training and operations are primarily and oral reports of MPWC users Their small size, shallow draft, instant focused on that mission priority. Prior harassing sea otters, harbor seals, thrust, and ‘‘quick response’’ enable to issuing any permits or authorizations porpoise, dolphin and other wildlife in them to operate closer to shore and in for MPWC search and rescue training various areas of the sanctuary since areas that would commonly pose a operations, NOAA will coordinate with implementation of the regulation in hazard to conventional craft operating at government agency partners to ensure 1993. Sometimes, due to high surf comparable speeds. Many can be that training operations are conducted conditions, operators are unaware of launched across a beach area, without in a manner, and at times and locations, their impacts on wildlife. For example, the need for a launch ramp. Most that minimize risk of disturbance or sea otter have observed MPWC are designed to shed water, harm to protected resources and habitats MPWC/sea otter interactions during enabling an operator to roll or swamp within the Sanctuary. high surf events. In the first incident, a the vessel without serious sea otter observed an MPWC User Conflicts complications or interruption of vessel tow a skier across the course of an otter Comment: The MPWC issue is a user performance. The ability to shunt water swimming perpendicular to them in conflict between traditional paddle from the load carrying area exempts Stillwater Cove. Due to high swell surfers and those who engage in tow-in applicable MPWC from Coast Guard conditions, the MPWC team never saw and or tow-at surfing. NOAA should not safety rating standards for small boats. or responded to the otter as it crossed discriminate between recreational MPWC are often designed to their path. In a second incident, activities. accommodate sudden separation and Monterey Bay Aquarium volunteers Response: NOAA has regulated quick remount by a rider. MPWC are not observed an MPWC drive directly MPWC within the MBNMS since 1993, commonly equipped for night operation through a group of otters at Otter Point prior to any significant use of MPWC by and have limited instrumentation and in Monterey Bay during high surf surfers within the sanctuary. NOAA is storage space compared to conventional conditions. U.S. Fish and Wildlife not regulating surfing activity and does vessels. MPWC propelled by a Service biologists also report flushing of not promote one style of surfing over directional water jet pump do not Common Murres from the Devil’s Slide another. NOAA is concerned with commonly have a rudder and must Common Murre restoration project due threats posed by current and future attain a minimum speed threshold to to MPWC use. Scientific research and MPWC activity within the sanctuary achieve optimal maneuverability. Most studies across the United States (e.g., (not surfing) and is updating an existing models have no steerage when the jet is California, New Jersey, Florida) have 15-year-old restriction of MPWC to idle. produced strong evidence that MPWC specific areas in the sanctuary. In These characteristics enable MPWC to present a significant and unique response to comments and staff analysis conduct sustained operations in disturbance to marine mammals and of various alternatives, this final rule sensitive habitat areas where other birds different from other watercraft. adds a new zone to allow use of MPWC vessels cannot routinely operate, thus Though some other studies have found at Pillar Point (Mavericks) due to the posing serious disturbance threats to few differences between MPWC and unique geographic, oceanographic, and marine wildlife in those areas. In small motor-powered boats, they have seasonal characteristics of that site. The addition, NOAA has received comments not presented evidence to invalidate the zone would be in effect during National that operation of these craft in a manner studies detecting significant impacts. Weather Service high surf warnings that optimizes their design In 1994, NOAA commissioned a issued for San Mateo County in characteristics (i.e., normal operation) review of recreational boating activity in December, January, and February. poses unique threats to other human the MBNMS. The review provided uses of Sanctuary nearshore areas. statistics on MPWC use and operating Wildlife Disturbance Further, see the 1995 U.S. Court of patterns in the Sanctuary at the time Comment: NOAA should update the Appeals decision unanimously and identified issues of debate from the MBNMS MPWC definition to protect upholding NOAA’s regulation of MPWC research community regarding MPWC wildlife and reduce user conflicts in the MBNMS, Personal Watercraft impacts on wildlife, but it made no

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formal conclusion or recommendation. agencies and organizations to increase to conduct within the sanctuaries. The A poll of Sanctuary harbormaster offices understanding of MPWC etiquette as Minerals Management Service is also by NOAA in 2003 provided updated well as the regulations regarding MPWC conducting geologic mapping of the estimates on MPWC use in the use in a national marine sanctuary. coastal seabed, under provisions of the Sanctuary that are discussed in the Energy Policy Act of 2005. A project of Noise Impacts JMPR DEIS. this sort would still be subject to the Comment: Improvements in MPWC Comment: Provisions in the MBNMS permitting and review provisions technology have reduced pollution and Marine Mammal, Seabird and Turtle outlined above. See the Sanctuary noise. Disturbance Action Plan regarding Action Plans for additional activities Response: NOAA acknowledges that Acoustics (Strategy MMST–6) should be related to addressing noise effects on MPWC technology has improved to expanded and addressed in all three wildlife. Although NMFS currently reduce noise and pollution. However, sanctuary management plans. Increased addresses and evaluates potential MPWC have also become larger, faster, use of military high-intensity active impacts on marine mammals resultant and more powerful, with extended sonar systems, undersea warfare from acoustic sources under the Marine ranges, and retain the maneuverability training zones, shipping lanes, and Mammal Protection Act, the NMSP will characteristics that increase the increases in large vessel traffic can be continue to coordinate with NMFS to potential for disturbance of wildlife, expected to result in substantial levels evaluate acoustic impacts within including acute turns at high speeds, of anthropogenic noise impacts. Also, a sanctuaries. Increasing research efforts, rapid course alterations, and ability to different branch of NOAA is currently such as those recommended within the operate closer to shore and in areas that funding geologic mapping of the coastal National Academies’ National Research would commonly pose a hazard to seabed, including the sanctuaries, the Council’s recent reports on the impacts conventional craft operating at primary purpose of which is to of noise on marine mammals, will assist comparable speeds. Though newer determine the presence of oil deposits. NOAA in continuing to evaluate the MPWC are quieter than older models This mapping uses an air concussion agency’s management responses to this under normal displacement conditions, with underwater sound impact not issue. such improvements are largely unlike Low Frequency Active Sonar NMFS has a stranding response irrelevant when MPWC launch into the which has been blamed for dozens of network of external partners that air off of waves or breaking surf. Also, whale beachings. Action plans might coordinates with sanctuary staff as lower sound intensity (decibel level) contain the following components: appropriate on all marine mammal does not equally reduce the effects of analyze noise sources, develop (with the exception of sea otter) and sea oscillating sound caused by persistent monitoring programs, address stranding turtle standings. Sea otter standing are throttling (revving) of the engine during issues and determine appropriate investigated by the California repeated acceleration/deceleration management responses. Department of Fish and Game through within the surf zone (which is often Response: Additional provisions have an agreement with the United States necessary to avoid capsizing and pitch been added to all three sanctuary Fish and Wildlife Service. Responses polling). Research and observations Management Plans in response to this and investigations, including have shown that this frequent comment. See the MBNMS Marine postmortem examination and oscillating sound pattern of irregular Mammal, Seabird and Turtle diagnostics when feasible, are intensities can be particularly disruptive Disturbance Action Plan regarding conducted whether or not to wildlife and humans. This is the very Acoustics, the CBNMS Ecosystem anthropogenic acoustic or blast trauma sound pattern that often elicits Protection Action Plan (Strategy EP–7), is suspected. complaints from coastal residents and and the GFNMS Wildlife Disturbance Comment: Acoustic impacts should beachgoers. Many newer MPWC models Action Plan (Strategy WD–3). In be divided into two categories and have 4-stroke engine technology or addition, this rule prohibits the ‘‘taking’’ addressed in sanctuary management cleaner 2-stroke engine technology of any marine mammal, sea turtle or plans: impacts of noise on birds and required to meet increased seabird in or above the Sanctuary, pinnipeds above the water (e.g., from governmental emissions standards. except as authorized by the Marine aircraft, boat traffic and MPWC), and the While cleaner emissions are welcomed, Mammal Protection Act (MMPA), 16 impacts of underwater noise (e.g., ship this improvement has little bearing on U.S.C. 1361 et seq., the Endangered propulsion noise, active sonars and the primary reasons for regulating Species Act (ESA), 16 U.S.C. 1531 et seismic airgun exploration) on fish, MPWC within the MBNMS. seq., and the Migratory Bird Treaty Act turtles, marine mammals and marine (MBTA), 16 U.S.C. 703 et seq. Use of invertebrates. User Education military high-intensity active sonar Response: The physical Comment: NOAA should work with systems, undersea warfare training characteristics of air-based and water- the MPWC industry to develop user zones, and geologic mapping of the based sound sources are different education programs. coastal seabed within the sanctuaries (decibel levels, physics, attenuation, etc) Response: The MBNMS Management typically require that the project and thus have different potential Plan includes Strategy MPWC–3: proponents receive approval (likely in impacts on sanctuary species. Impacts Conduct Educational Outreach to the form of an Incidental Take on marine species from sound sources MPWC Community, which identifies the Authorization Letter or Letter of both above and below the water surface Personal Watercraft Industry Authorization (LOA), or an Incidental have been studied, and such data are Association and American Watercraft Harassment Authorization (IHA) from available for management decision- Association as potential education and NMFS. As stated in the MBNMS making. Due to the importance of outreach partners. These organizations, Strategy MMST–6.2, the NMSP intends accounting for possible cumulative as well as agencies such as the to continue collaborating with the effects from exposure of sanctuary California Department of Boating and NMFS in evaluating individual resources to multiple noise source Waterways, conduct user education proposals on a case-by-case basis to types, sources are not divided into programs throughout the State. NOAA determine the impacts of such projects categories. Instead, each source’s will continue to work with these and whether they would be appropriate propagation is modeled individually

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and then considered additively (if acoustical environment should not stop compatibility with the National Park necessary) to estimate total levels of us from moving ahead with informed Service and other agencies’ management ensonification over various spatial/ regulations and a policy framework. plans. temporal scales. Currently, NMFS Response: NOAA recognizes the Response: As a routine matter, NOAA addresses potential acoustic impacts on concern about potential negative coordinates management efforts with marine mammals in accordance with its impacts on marine mammals from a managers of adjacent protected areas. mandates under the MMPA. The NMSP variety of acoustic disturbances (e.g., Other agencies often manage resources is increasingly interested in issues of noise from ships, aircraft, research pursuant to mandates, polices, and noise impact on marine species. The boats, and military and industrial priorities that may be different from NMSP will continue to work closely activities). Noise can cause direct NOAA’s National Marine Sanctuaries with NMFS and other research partners physiological damage, mask Program or priorities set forth in the to help identify critical subject areas communication, or disrupt important National Marine Sanctuaries Act. NOAA needing additional study and migration, feeding or breeding will continue coordination with the evaluation. Based on the results of these behaviors. Active-sonar, specifically low National Park Service and other future studies, the NMSP will develop frequency (100–500 Hz) and mid- agencies to ensure compatibility, to the reasonable management approaches to frequency (2.8–3.3 kHz) active sonar maximum extent practicable, with other responding to the issue. No additional used in military activities by the U.S. agencies management plans. changes to the EIS are needed. and other nations are of particular Comment: There should be a Comment: The commenter disagrees concern. The impact of seismic testing with the findings under the Executive permanent ban or rejection of any for geological mapping and oil and gas request of the Navy in regard to sonar Order 13132 (which refers to exploration is also unknown. The regulations, legislative comments or testing experiments, which harm marine MBNMS Management Plan includes life, especially whales and dolphins. proposed legislation, and other policy Marine Mammal, Seabird and Turtle statements or actions that have Response: The U.S. Navy must Disturbance Action Plan Strategy consult with NOAA when its actions, substantial direct effects on the States, MMST–6: Assess Impacts from on the relationship between the national including sonar testing, trigger Acoustics, which recognizes that noise consultation requirements under the government and the States, or on the levels in the sanctuaries is increasing. distribution of power and NMSA, MMPA, ESA, or MSA. Under The Strategy includes activities to the NMSA, this consultation is triggered responsibilities among the various expand research and monitoring of levels of government) and request the when the action is likely to injure, cause acoustics and to continue to evaluate the loss of, or destroy sanctuary background material that allowed said individual projects with the potential to findings to be made. resources. Once consultation is disturb wildlife. NOAA’s Acoustics initiated, NOAA will recommend Program is investigating all aspects of Response: See discussion of alternatives to the Navy to protect marine animal acoustic communication, Executive Order 13132 under Section V, sanctuary resources. Please also see hearing, and the effects of sound on Miscellaneous Rulemaking response to comments on Sanctuary behavior and hearing in protected Requirements. Management: Military Exemption for marine species. Budget more information on this issue. For additional information, please Comment: Modify the DEIS to analyze see: http://www.nmfs.noaa.gov/pr/ Comment: We can’t do a better job of suggested noise regulations. acoustics/. conservation without spending some Response: NOAA did not propose money. I hope the Sanctuary Program new regulations on noise in the Comment: NOAA should prohibit seismic exploration for resource will fight for appropriate funding and sanctuaries in the proposed rule. The staffing. proposed Management Plans included extraction or even for ‘‘asset surveys’’ provisions for addressing noise and and other sources of sound that may Response: NOAA recognizes resource additional provisions have been mask biological sounds critical to the limitations and necessary program and included in the wildlife disturbance survival of marine animals. Noise from partner developments may limit action plans, based on public seismic surveys adjacent to the implementation of all of the activities in comments. None of the changes in the sanctuaries does not conform to the the various management plans. NOAA sanctuary regulations would result in sanctuary boundary, thus setting will continue to work with the significant increased noise impacts on sanctuary limitations on ‘‘trans- Department of Commerce, Office of wildlife in the sanctuaries. Noise has boundary noise pollution’’ will require Management and Budget, and Congress been added to the list of impacts found coordination and cooperation with other in developing supporting justifications to be not significant in Section 5.5 of the jurisdictions. when preparing budget submissions. Response: Within the sanctuaries, EIS. Emergency Regulations Comment: The sanctuaries should NOAA prohibits exploring for, take a leadership role and establish development or production of oil, gas, Comment: Consistency does not exist noise level criteria and regulations to or minerals. NOAA works with the between the three sanctuaries on the use reduce or eliminate harmful Department of the Interior’s Minerals of emergency regulations. CBNMS anthropogenic noise impacts on marine Management Service and other agencies establishes a 120-day maximum and the life. Sanctuary management plans to manage potential impacts to others do not. should allow for a time in the near sanctuary resources from seismic Response: NOAA will consider this future when an acceptable Ocean Noise exploration activities outside of the issue as part of a separate rulemaking Criteria system emerges. Until that time, sanctuary’s boundary. process that will propose to make precaution should inform decisions Sanctuary Management conforming modifications to all about introducing or permitting new, sanctuary regulations to achieve an unusual, or loud human generated Agency Coordination appropriate level of consistency, sounds into the sanctuaries. Knowing Comment: The management plans including the authority for emergency that we are already starting with a noisy should include language regarding regulations.

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Enforcement including monitoring, education and Monument were crafted to address the Comment: NOAA should clarify what management responses. More unique circumstances surrounding that agency will enforce the provisions of the specifically, NOAA should infuse the area including its remote location, its proposed regulations. increasing body of scientific data, large size, and the strategic military Response: Primary law enforcement ranging from ocean acidification to importance of the area as identified by responsibilities for NOAA regulations rising sea temperatures and levels, as DOD during interagency consultation on are assigned to the NOAA Office for well as their causes, effects, and the the regulations for the area. Law Enforcement (OLE). An huge potential ecosystem changes that Nevertheless, the Proclamation enforcement officer conducts they portend, into each of the establishing the Monument appropriate action plan strategies. (Proclamation 8031) and the investigations into violations of the Response: NOAA agrees global implementing regulations promulgated National Marine Sanctuaries Act and warming trends and impacts on ocean by NOAA and the Fish and Wildlife regulatory prohibitions in coordination ecosystems have become important Service (50 CFR part 404) require the with State, local and other Federal law issues in recent years and should be Armed Forces (including the Coast enforcement counterparts. In addition, a addressed in the management plans. Guard) to carry out all activities in a cooperative enforcement agreement was Language has been inserted into the manner that avoids, to the extent signed between NOAA and the State of emerging issues section of all three practicable and consistent with California to deputize State Fish and sanctuaries’ management plans operational requirements, adverse Game Wardens and State Park Rangers recommending several steps: (a) impacts on monument resources and as Federal Sanctuary enforcement Identifying and coordinating with qualities. In addition, in the event of a officers. State peace officers work partners for evaluating and addressing threatened or actual destruction of, loss together with NOAA to conduct patrols global warming impacts on sanctuaries; of, or injury to a Monument resource or and investigate potential violations. In (b) enhancing scientific understanding quality resulting from an incident, addition to the cooperative assistance by of existing and future changes in including but not limited to spills or the State, the U.S. Coast Guard conducts temperature, rainfall and runoff, groundings, caused by a component of air and sea surveillance within oceanographic patterns, ocean the Department of Defense or the Coast sanctuaries and has broad Federal chemistry (including acidification), sea Guard, the cognizant component shall enforcement authority. NOAA OLE also level, species composition, seasonal promptly coordinate with the works with the U.S. Fish and Wildlife shifts, etc.; (c) evaluating impacts of Secretaries of Commerce and the Service, the U.S. Environmental global warming on the other issues and Interior for the purpose of taking Protection Agency, and the Federal strategies in management plans, appropriate actions to respond to and Bureau of Investigations (FBI) to including nonpoint runoff, beach mitigate the harm and, if possible, investigate violations of environmental erosion, tidepool protection, fisheries restore or replace the monument laws within national marine and MPAs, etc. and developing resource or quality. See 50 CFR 404.9 (c) sanctuaries. More information about modifications as needed to these plans and (d). enforcement of NOAA regulations can to reflect global warming concerns; (d) be found at http://www.nmfs.noaa.gov/ implementing appropriate modifications Maritime Heritage ole/index.html. to sanctuary facilities and operations Comment: The GFNMS has significant Comment: New regulations and ensuring the program minimizes its maritime heritage resources. GFNMS increasing the size of sanctuaries contribution to global warming; and (e) needs to more explicitly address the significantly impacts the fisheries developing and incorporating messages individual and cumulative significance enforcement staff of the California and recommendations about global of shipwrecks, and the importance of Department of Fish and Game. The staff warming and ocean impacts into revisiting the recommendations work under a Joint Enforcement outreach programs. contained in the Submerged Cultural Agreement with NOAA. CDFG can only Resource Assessment of 1989 by doing provide limited enforcement effort Military Exemptions a basic assessment and site survey. The without additional staff and funding to Comment: The U.S. Coast Guard program should consider a joint successfully carry out expanded requests the management plans and initiative with the Office of Exploration, enforcement activities. proposed regulations for each sanctuary and partner with NPS in regard to Response: NOAA understands the include language exempting the U.S. enhancing the interpretation of the resource limitations of our partners in Coast Guard and Department of Defense submerged maritime heritage in the enforcement. However, the revised activities from all prohibitions, similar parks, and at the San Francisco regulations and management plans to provisions applicable to the Maritime NHP. make only one significant boundary Northwestern Hawaiian Islands Marine Response: NOAA has added modification—the addition of Davidson National Monument. additional discussion of the individual Seamount, which is in federal waters, to Response: Each of the regulations for and cumulative significance of the the MBNMS. This addition should not the national marine sanctuaries include shipwrecks in the GFNMS Management create an additional enforcement burden specific exceptions for activities carried Plan’s Maritime Heritage Cross-cutting for the CDFG. NOAA acknowledges and out by the Department of Defense Action Plan. Basic assessment and site appreciates the efforts of CDFG in (DOD). In the sanctuaries, activities survey of significant wrecks has been assisting with enforcement of NMSP carried by the DOD prior to date of added as well as the need for regulations. NOAA will continue to designation are generally exempted establishing a baseline for further work with CDFG to seek additional from the prohibitions contained in the monitoring to ensure their protection. resources to mitigate workload impacts. regulations. Additional activities Additional information has also been initiated after designation can be added to the Gulf of the Farallones Global Warming exempted after consultation between Administration Action Plan to include Comment: The sanctuary management NOAA and DOD. The referenced restoration, education, outreach, and plans should address potential changes exemption for the Northwestern exhibits about the historic Fort Point resulting from global warming, Hawaiian Islands Marine National Coast Guard Station. The NMSP has also

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added NOAA’s Office of Exploration pests such as the sea lion. Entire U.S. represents the public and specific and the National Park Service as industries and companies will be stakeholders. In the past several years, partners. adversely affected by this Plan; jobs will the NMSP has worked with the be lost; and taxpayers will be denied Performance Measures Association of Monterey Bay Area access to U.S. waterways. Governments to make improvements to Comments: NOAA should review its Response: The JMPR process updates the selection process for proposals for measuring implementation existing management plans for existing councilmembers. People who apply for success of each action plan to ensure marine sanctuaries; it does not create seats are reviewed by a subgroup of the that all desired outcomes and their new sanctuaries. The proposed existing Sanctuary Advisory Council, corollary performance measures have management plans are revisions to are appointed competitively by NOAA, been identified. For example, it appears existing management plans and were and serve three-year terms after which that only a portion of the Monterey Bay developed with input from they are readvertised for selection. Local Water Quality Program Action Plans has stakeholders, local and state agencies, and state governmental jurisdiction been covered. and the general public. The commenter representatives are chosen by their Response: NOAA considers does not specify which parts of the respective agencies. The recruitment of performance measurement an essential management plans are flawed. Adverse Sanctuary Advisory Council members is component of management impacts, including socioeconomic widely advertised throughout the state responsibilities. All Action Plans have effects, associated with implementing performance measures selected for their and the public is welcomed to comment the JMPR update are addressed in the or provide letters of support for ability to indicate overall performance FEIS. No significant impacts on applicants. of the action plans or strategies. NOAA businesses or jobs were identified in the limited the number of performance FEIS. Taxpayers will not be denied Furthermore, NOAA has taken measures to correlate with the resources access to the marine sanctuaries, extraordinary steps, above and beyond available for program review. although specific types of activities that the advisory council, to repeatedly and regularly involve the general public in Research and Monitoring pose risk of harm to sanctuary resources would be prohibited or restricted. addressing the priority issues in the Comment: NOAA should include Comment: The Sanctuary should Management Plan. The process used by Coastal Commission and other Resource have very limited alteration and remain the NMSP is a very inclusive public Agency partners in the execution of the in its natural current state. process. Development of the MBNMS research and monitoring strategies. Response: The intent of the sanctuary Management Plan included more than Response: NOAA considers the management plans and regulations is to 120 public meetings including Advisory Coastal Commission a critical partner in protect sanctuary resources. Existing Council, Working Group, Scoping and management of sanctuary resources and sanctuary regulations include Public Comment meetings. 223 will include the Coastal Commission in prohibitions on numerous activities that individuals participated in working research and monitoring activities. would alter or otherwise impact groups to develop the action plans for California Resources Agency staff sanctuary resources. The changes to the MBNMS and the NMSP received (including Coastal Commission and regulations and management plans are over 30,000 comments during the California Department of Fish and consistent with the intent to limit review of the management plans. Game) are also members of the adverse effects on sanctuary resources. Sanctuary Advisory Councils and Comment: NOAA should have issued MBNMS Research Activity Panel Sanctuary Visibility the various draft management plans for helping guide implementation of Comment: NOAA’s National Marine public comment and following the research activity in the sanctuaries. Sanctuary Program needs to be more inclusion of those comments released visible in the public eye including proposed changes to both the Permitting additional exposure on TV and radio. designation documents and regulations. Comment: It is unclear from the Response: Please see the education, Response: The review of the proposed language changes if currently outreach and constituent building management plans began in 2001, with authorized activities will still be components of the site specific and scoping meetings requesting comments permitted in the future. How would the cross-cutting action plans (contained on potential changes to the management proposed regulation changes impact within each Sanctuary’s Management plans, regulations, and designation currently permitted activities and Plan), which include strategies to documents. In 2003, the Sanctuary similar future activities? increase public education including the Advisory Councils for each Sanctuary Response: Individuals with currently use of various forms of media. held public meetings taking comment effective permits will be allowed to continue permitted activities under the Sanctuary Advisory Councils and from the public on the action plans, terms and conditions of their permit. Management Plan Review Process which make up the substantive The new regulations will apply for new Comment: There are problems in the programmatic direction in the permits issued (and applications structure and representation of the management plan. This process received) on or after the effective date of MBNMS Sanctuary Advisory Council occurred prior to release of any the new regulations. and therefore the MBNMS Management regulations and the public was Plan does not represent the public’s encouraged to provide comments on any Resource Protection priorities. program including regulations and Comment: Please vacate failed plans Response: The Monterey Bay National designation documents. After to create so-called marine sanctuaries Marine Sanctuary Advisory Council’s consideration of the comments received off California. All Management Plans twenty voting members represent a from the public and Sanctuary Advisory should be withdrawn because they are variety of local user groups, as well as Councils, NOAA’s release of the discriminatory, out of touch, abusive; the general public, plus seven local and proposed rules and management plans some of the animals the plan intends to state governmental jurisdictions. The in 2006 provided over 90 days for protect are destructive over-populated Sanctuary Advisory Council adequately public comment.

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Seagrass Protection prevent damage from vessel anchors. Comment: The DEIS states that the NOAA will monitor the seagrass Tomales Bay Vessel Management Plan, Anchoring protection zones for effectiveness and currently being developed, would Comment: Eel grass bed protections use a model of adaptive management to provide ‘‘positive effects on marine should be strengthened to preclude both make appropriate adjustments to the transportation and would offset any commercial and recreational uses that zones. The use of shallow-draft motor minor adverse effects of the seagrass would further disturb these essential boats will be monitored. A re-evaluation anchoring prohibition,’’ and that the resources. Measures should include of the zones will include an assessment implementation of the boating prohibitions of anchoring or mooring in of all the effects of vessels on seagrass. Management Plan would result in a the beds and prohibitions against Comment: Is there any evidence that ‘‘slight net positive cumulative effect on shallow-draft motor boats that disturb any anchoring activities in Tomales Bay marine transportation.’’ (DEIS p. 3–167, root systems. have caused any damage to the seagrass? 3–184) How was this plan that is in Response: The regulation of anchoring If so, what is the relative impact of development evaluated for its positive in seagrass zones in Tomales Bay is anchoring activities that would continue effect on marine transportation, and designed to prevent damage from vessel to be permitted as compared to the where can the public obtain a copy of anchors. NOAA will monitor the remote possibility of recreational boat the draft plan so that they can evaluate seagrass protection zones for anchoring? In the GFNMS MP and DEIS, the ‘‘net positive cumulative effect’’? effectiveness and use a model of the only basis was reference to a Response: Additional information adaptive management to make discussion at a meeting (DEIS page 2– about the Tomales Bay Vessel appropriate adjustments to the zones. 17) of a technical committee formed to Management Plan has been added to the The use of shallow-draft motor boats address boating impacts in Tomales FEIS (see Section 3.10.8). This plan is will be monitored. A re-evaluation of Bay. part of a multi-agency effort to the zones will include an assessment of Response: Additional background streamline future vessel-related all the effects of vessels on seagrass. information has been included in the management activities. Only Comment: The creation of the no- FEIS regarding the number and types of approximately 22% of Tomales Bay is anchor zones in Tomales Bay, though vessels that use and anchor in Tomales currently being zoned as a no-anchor well intended, is ill considered because Bay. NOAA has also added information area. The seagrass protection zones it prohibits an activity that never occurs, about the effects of anchoring on avoid navigation channels and other or only occurs to a truly insignificant seagrass. Although there have been no shallow, sheltered areas of Tomales Bay and immaterial extent. At the very least, studies on the damage to seagrass beds are still available for anchoring; NOAA should consider putting a from anchoring in Tomales Bay, studies including areas near boat launch ramps, ‘‘sunset’’ provision on this requirement, in California, studies on similar types of marinas, and docks. Copies of the plan so that it can be reevaluated to seagrass in coastal Florida, and on can be obtained from NOAA or by determine its need. in other parts of the world visiting the GFNMS Web site at: Response: NOAA has added language have found that boat propellers, anchors http://farallones.noaa.gov/ about the biology of seagrass and the and mooring lines can damage the ecosystemprotection/ effects from anchoring has been added underground root and rhizome system protect_tomalesbay.html. to the FEIS to document the need for the of seagrass (Milazzo, M., et al., 2002; Comment: What consideration has prohibition. Seagrass, including Walker et al., 1989; Kentworthy et al., been given to the health and safety eelgrass, can grow in water depths up to 2006). implications of requiring vessels to 20 feet in Tomales Bay. The location Comment: What is the history of anchor in less protected areas than and extent of the no-anchoring zones are enforcement actions under the current where they currently anchor? based upon seagrass data provided by regulations that would prevent Response: NOAA considered and California Department of Fish and Game anchoring in seagrass beds (Cal. Admin. identified safe anchorages when from 1992, 2000, 2001 and 2002. The Code Section 30.10) which has been in designing the proposed seagrass no-anchoring seagrass protection zones effect since 1984? Have law- protection zones. Shallow, sheltered include some areas where seagrass enforcement organizations in Tomales areas of Tomales Bay would still be coverage is extensive and other areas Bay been asked for reports of any available for anchoring, including areas where coverage is discontinuous and problems in enforcing this law? Why near boat launch ramps, marinas, and patchy. All zones extend to the not direct the law enforcement agencies docks. Also, see additional text in FEIS shoreward Mean High Water Line to create a high priority for enforcement Section 3.10.8. (MHWL) boundary. of this law? Comment: In order that the public can Vessels have been observed through Response: Establishing specific fairly evaluate the true impact of the no- California department of Fish and Game seagrass zones and demarcating these anchoring plan, there should be aerial photographs within current and zones with buoys would create an temporary buoy fields set up marking historic eelgrass beds throughout enforceable regulation that is easy for the proposed zones. Why not consider Tomales Bay. The State regulation that boaters to follow and understand, and is simply referring to the area within 2- states no eel grass, surf grass or sea palm likely to result in protection of the fathom (12 feet) line, which follows the may be cut or disturbed does not seagrass beds. The State regulation on actual contours of the bottom and is specifically prohibit anchoring. The disturbing or cutting eel grass, surf clearly shown on the nautical charts in seagrass protection zone regulation is grass, or sea palm does not specifically both paper and electronic form? intended to complement existing State prohibit anchoring. As such, the Response: NOAA will mark the regulation. These zones would be more seagrass protection zone regulation is seagrass zones with buoys to provide enforceable and facilitate specific types intended to complement existing State clear direction to boaters. The location of vessel usage. The seagrass protection regulation. These zones are more and area of the zones were identified zones would prevent the risk of harm to enforceable and facilitate specific types based on California Department of Fish seagrass beds before the damage occurs. of vessel usage. The seagrass protection and Game seagrass surveys in 1992, The regulation of anchoring in seagrass zones would prevent the risk of harm to 2000, 2001, and 2002. NOAA zones in Tomales Bay is designed to seagrass beds before the damage occurs. considered using depth contours to as

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the boundaries for the seagrass zones, molestation of any marine mammal, sea Lighting but has determined depth contours to be turtle or seabird.’’ The NMSP believes Comment: Given the high seabird unreliable as permanent boundaries and this approach of prohibiting density, NOAA should further consider thus difficult to enforce. unauthorized take wherever it occurs is the potential effects of high intensity Comment: Why do the no-anchoring a better approach with regard to general lights on sensitive species, including zones extend into and encroach on vessel traffic and is more functional night foraging seabirds, within the private property? The proposed Zone 3 than fixed distance regulations. GFNMS and CBNMS Management of Tomales Bay covering the Marshall Disturbance by Overflights Plans. The use of high powered, high area extends easterly to the mean high intensity lights (e.g., squid fishing water line. That is across the boundary Comment: The regulations for the vessels) may pose a risk to sensitive of the typical Marshall property line, MBNMS should prohibit aircraft from resources. which extends into the Bay to the mean flying below 1000 feet above a state Response: Currently the Market Squid low tide line, typically by referent to designated Area of Special Biological Fishery Management Plan adopted in Tide Land Survey No. 145 Marin Significance (ASBS). 2004 by the California Fish and Game County. Response: The existing overflight Commission established a seabird Response: These submerged lands are zones in the MBNMS are focused on closure restricting the use of attracting part of the GFNMS and are subject to areas where seabirds and marine lights for commercial purposes in any management actions of the sanctuary. mammals are likely to be flushed by low waters of the GFNMS. Comment: The proposed GFNMS flying aircraft. They overlap with the Regulations prohibition of anchoring in designated ASBSs off of Ano Nuevo and Big Sur. seagrass protection zones in Tomales The air space around the Monterey Comment: In relation to the proposed Bay should provide an exemption for Peninsula contains flight paths for the prohibition on the ‘‘take’’ of marine research activities. Monterey Peninsula Airport and mammals, birds and sea turtles, the Response: Rather than provide a overflight restrictions are not NMSP should not grant itself expanded blanket exemption for research practicable. authority to impose severe criminal and activities, NOAA has decided to Comment: I have observed aircraft civil penalties that far exceed those consider allowing research activities on penalties as provided in the MMPA, a case-by-case basis through its flying low over Ano Nuevo Island in violation of Sanctuary regulations. It is ESA and Migratory Bird Treaty Act. permitting system. The GFNMS Response: The National Marine Superintendent has the authority to my understanding that pilots are not informed about overflight restrictions in Sanctuaries Act establishes a limit on issue permits for activities that further the maximum civil penalties (there are research or monitoring related to the Sanctuary. NOAA should work with the Federal Aviation Administration essentially no criminal penalties) that Sanctuary resources and qualities. This can be charged for violations of will allow NOAA to compare the (FAA) to ensure that pilots are aware of federal regulations. Sanctuary regulations and law. relative benefits of the research with the Currently, that limit is set at $130,000 impacts of the activity and to include Response: NOAA has an outreach per day for any continuing violation. special conditions to prevent harm to program to pilots to help ensure that However, the act does not require Sanctuary resources. The permitting they are aware of the restrictions. The application of the maximum allowable system also allows NOAA to track NOAA Office for Law Enforcement penalty in any enforcement case. The research activities on a national level routinely contacts pilots when aircraft amount of any penalty is determined by through a permitting database and on a are identified flying below 1000 feet the nature of a violation and a variety regional level through the SIMoN Web within restricted overflight zones of the of aggravating/mitigating circumstances, site as part of an outreach tool to the Sanctuary. However, the overflight such as gravity of the violation, prior public and the science community. restrictions in Sanctuary regulations are violations, harm to protected resources, not accurately reflected on FAA value of protected resources, violator’s Taking of Marine Mammals, Seabirds aeronautical charts. NOAA will and Turtles conduct, and degree of cooperation. continue its efforts to work with FAA to NOAA prosecutors scale penalties to fit Disturbance by Vessels update the charts. the nature of a particular violation, and Comment: The MBNMS should Comment: GFNMS should change its courts oversee penalty settlements to prohibit vessels from coming within a overflight regulation to be consistent ensure penalties are appropriate. quarter mile of areas where seabirds and with MBNMS. Specifically, GFNMS While marine mammals, seabirds and mammals aggregate for feeding and/or should adopt the prohibition of flying endangered and threatened species are breeding, especially those areas not motorized aircraft at less than 1000 feet, protected under other legislation, protected under the State’s Marine Life and remove the additional clause of NOAA believes the higher penalties Protection Act. disturbing seabirds or marine mammals. under the NMSA will provide a stronger Response: Preventing disturbance to Response: NOAA is not changing the deterrent. marine mammals and seabirds is a overflight regulation for GFNMS or Comment: The NMSP should primary focus of both the sanctuary MBNMS at this time. NOAA is in continue to support research into the regulations and its education and conversations with the Federal Aviation causes of endangerment of the elusive outreach programs. Sanctuary wildlife Administration regarding the regulation leatherback sea turtle and to try to create disturbance regulations complement the of aircraft operations over national further protection. They’re in a 90 MMPA, ESA and MBTA by prohibiting marine sanctuaries and may make percent decline over the last 30 years. unauthorized take of marine mammals modifications as part of a separate Response: Sanctuary regulations and seabirds. ‘‘Take’’ is defined in regulatory process if determined prohibit the unauthorized take of § 922.3 of the regulations for the appropriate following those leatherback sea turtles. Additionally, the National Marine Sanctuary Program to conversations. The public will be MBNMS management plan has include operating a vessel in a way that provided with an opportunity to strategies in its Wildlife Disturbance ‘‘results in the disturbance or provide input into any such process. Action Plan to address disturbance to

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turtles from harassment and marine attraction of other animals. It is shark attraction within CBNMS. CBNMS debris by working with NMFS’s Office important to note that, although it is entirely offshore and, unlike the Gulf of Protected Resources. The Plan also would not be necessary to amend the of the Farallones, there are no seal or sea addresses the need for research to more terms of designation to promulgate such lion haul outs to attract sharks. Without fully understand the life history regulations, NOAA would still be aggregations of seals and sea lions to characteristics of the turtles and the required to engage in a rulemaking prey on, there is no draw for sharks to threats that they face. NOAA will process before any additional congregate or patrol within CBNMS. regulations could be issued. This would continue its efforts to better understand V. Miscellaneous Rulemaking include, among other things, and protect this endangered species. Requirements consultations with other governmental White Shark Attraction entities, public notice and comment of National Marine Sanctuaries Act Prohibition any proposed action, and compliance Section 301(b) of the National Marine with all applicable laws such as the Comment: The proposed GFNMS Sanctuaries Act (16 U.S.C. 1434) National Environmental Policy Act prohibition on attracting white sharks provides authority for comprehensive (NEPA). and coordinated conservation and should include an exemption for Comment: The proposed GFNMS chumming conducted in the course of management of national marine prohibition on attracting white sharks sanctuaries in coordination with other lawful fishing. Also, the Designation should be clarified to apply specifically Document language, which allows the resource management authorities. to intentional approaching. Section 304(a)(4) of the National Marine regulation of ‘‘attracting or approaching Response: The prohibition against Sanctuaries Act requires the procedures any animal’’ (page B–83), must be approaching a white shark within the specified in section 304 for designating clarified to be specific to white sharks GFNMS is intended to apply to vessels a national marine sanctuary be followed and not include chumming for lawful that approach a white shark once it has for modifying any term of designation. fishing. been identified in the water. A white Because this action revises the Response: The prohibition against shark feeding event generally takes sanctuary designation documents (e.g., attracting white sharks is intended to place at or near the surface of the water, scope of regulations and boundaries), address harassment and disturbance and can be easily spotted. The NOAA must comply with the related to human interaction from shark regulation is not intended to apply to requirements of section 304. All diving programs known generally as persons who are already near a white necessary requirements have been adventure tourism, or from recreational shark when it surfaces but would completed. visitors who may opportunistically prohibit them from approaching closer. approach a white shark after a feeding Comment: Ecotourism should be National Environmental Policy Act event. NOAA concluded these activities allowed to continue at South East NOAA has prepared a Supplemental can degrade the natural environment, Farallon Island with educational impacting the species as a whole, as Draft Environmental Impact Statement permits. NOAA should establish a (SDEIS) to evaluate the revisions to the well as individual sharks that may be permit process to avoid curtailing discharge/deposit regulations analyzed impacted from repeated encounters with traditional, legitimate, and first-hand in the DEIS. Copies are available at the humans and boats. A similar prohibition education that does not require a Ph.D. address and Web site listed in the against attracting great white sharks was in order to participate. Address section of this rule. Responses promulgated for the MBNMS in 1996 Response: NOAA will consider to comments received on the proposed and has not affected lawful fishing applications to conduct educational and rule are also published in the Final activities. research activities that would violate the Environmental Impact Statement, which The terms of designation for national regulation on attracting white sharks in is similarly available. marine sanctuaries (as defined in the the GFNMS on a case-by-case basis and NMSA (16 U.S.C. 1434(a)(4))) list the will use the guidelines developed and Executive Order 12866: Regulatory types of activities that they may be approved by the SAC to help draft Impact subject to regulation under sanctuary. permit conditions. The Management This final rule has been determined to Listing does not necessarily mean that a Plan outlines the approaches that will be not significant within the meaning of type of activity will be regulated. If a be taken through the Wildlife Executive Order 12866. type of activity is not listed, it may not Disturbance Action Plan, Strategy WD– be regulated, except on an emergency 5 and the Conservation Science Action Executive Order 13132: Federalism basis, unless the terms of designation Plan CS–1. In 2006, NOAA launched a Assessment are amended to include the type of pilot research program to assess current For the provisions related to the activity. NOAA must follow the same white shark viewing practices by CBNMS, NOAA has concluded this procedures by which the original adventure tourism operators, private regulatory action does not have designation was made to modify the boaters and researchers, which will also federalism implications, as that term is terms of designation of any national be used as a guide to developing permit defined in Executive Order 13132, marine sanctuary. In this case, the conditions. NOAA will continue to sufficient to warrant preparation of a authority to regulate attraction or conduct research to guide permit federalism assessment. NOAA consulted approach of any animal is only being conditions for new white shark viewing with a number of entities within the applied with respect to white sharks. No and assess effectiveness of new State which participated in regulations are being considered regulations. development of this final rule, including regarding attracting or approaching Comment: White shark attraction but not limited to, the California Coastal other animals at this time. Retaining the should be prohibited in all sites. Commission, California Regional Water authority in the terms of designation to Response: This final rule prohibits Quality Control Board, California regulate attracting or approaching other white shark attraction throughout Department of Fish and Game, and animals will maintain flexibility to MBNMS and GFNMS. NOAA has California Resources Agency. respond in the future, as necessary, to determined that at this time there is no For the provisions related to the similar resource issues involving the need for a regulation prohibiting white GFNMS and MBNMS, NOAA has

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concluded that this regulatory action existing requirements for permit Appendix B to Subpart H of Part 922—2 nmi falls within the definition of ‘‘policies applications found in the Office of from the Farallon Islands Boundary that have federalism implications’’ Management and Budget approved Coordinates within the meaning of Executive Order applicant guidelines (OMB Control Appendix C to Subpart H of Part 922—No- 13132. The changes will not preempt Anchoring Seagrass Protection Zones in Number 0648–0141). The revised permit Tomales Bay State law, but will simply complement regulations add language about: the existing State authorities. In keeping qualifications, finances, and proposed Subpart H—Gulf of the Farallones with the intent of the Executive Order, methods of the applicant; the National Marine Sanctuary the NOAA consulted with a number of compatibility of the proposed method entities within the State which with the value of the Sanctuary and the § 922.80 Boundary. participated in development of the rule, primary objective of protection of The Gulf of the Farallones National including but not limited to, the Sanctuary resources and qualities; the Marine Sanctuary (Sanctuary) boundary California Department of Boating and necessity of the proposed activity; and encompasses a total area of Waterways, the California State Lands the reasonably expected end value of approximately 966 square nautical miles Commission, the California Department the proposed activity. (nmi) of coastal and ocean waters, and of Fish and Game, and the California Notwithstanding any other provision submerged lands thereunder, Resources Agency. of law, no person is required to respond surrounding the Farallon Islands (and Regulatory Flexibility Act to, nor shall any person be subject to a Noonday Rock) off the northern coast of penalty for failure to comply with a The Chief Counsel for Regulation of California. The northernmost extent of collection of information subject to the the Department of Commerce certified the Sanctuary boundary is a geodetic requirements of the Paperwork to the Chief Counsel for Advocacy of the line extending westward from Bodega Reduction Act, unless that collection of Small Business Administration this Head approximately 6 nmi to the rule, if adopted, would not have a information displays a currently valid northern boundary of the Cordell Bank significant economic impact on a OMB control number. National Marine Sanctuary (CBNMS). The Sanctuary boundary then turns substantial number of small entities. List of Subjects in 15 CFR Part 922 The factual basis for this certification southward to a point approximately 6 appears in the proposed rules and is not Administrative practice and nmi off Point Reyes, California, where it repeated here. Comments received on procedure, Boats and boating safety, then turns westward again out towards the economic impacts of this rule are Coastal zone, Education, Environmental the 1,000-fathom isobath. The Sanctuary summarized and responded to in the protection, Fish, Harbors, Marine boundary then extends in a southerly Response to Comments section. The mammals, Marine pollution, Marine direction adjacent to the 1,000-fathom comments received did not impact the resources, Marine safety, Natural isobath until it intersects the northern factual basis for the certification. As a resources, Penalties, Recreation and extent of the Monterey Bay National result, a final regulatory flexibility recreation areas, Reporting and Marine Sanctuary (MBNMS). The analysis was not required and none was recordkeeping requirements, Research, Sanctuary boundary then follows the prepared. Water pollution control, Water MBNMS boundary eastward and resources, Wildlife. northward until it intersects the Mean Paperwork Reduction Act Dated: November 12, 2008. High Water Line at Rocky Point, This rule involves an existing William Corso, California. The Sanctuary boundary information collection requirement then follows the MHWL north until it Deputy Assistant Administrator for Ocean previously approved by OMB (OMB# Services and Coastal Zone Management. intersects the Point Reyes National 0648–0141) under the Paperwork Seashore (PRNS) boundary. The Reduction Act of 1980, 44 U.S.C. 3501 ■ Accordingly, for the reasons set forth Sanctuary boundary then approximates et seq. The rule will not require any above, 15 CFR part 922 is amended as the PRNS boundary, as established at change to the currently approved OMB follows: the time of designation of the Sanctuary, approval and would not result in any to the intersection of the PRNS change in the public burden in applying PART 922—NATIONAL MARINE boundary and the MHWL in Tomales for and complying with NMSP SANCTUARY PROGRAM Bay. The Sanctuary boundary then permitting requirements. The public REGULATIONS follows the MHWL up Tomales Bay and reporting burden for these permit ■ 1. The authority citation for part 922 Lagunitas Creek to the Route 1 Bridge application requirements is estimated to continues to read as follows: where the Sanctuary boundary crosses average 1.00 hour per response, the Lagunitas Creek and follows the including the time for reviewing Authority: 16 U.S.C. 1431 et seq. MHWL until it intersects its northernmost extent near Bodega Head. instructions, searching existing data ■ 2. Subpart H of part 922 is revised to The Sanctuary boundary includes sources, gathering and maintaining the read as follows: data needed, and completing and Bolinas Lagoon, Estero de San Antonio reviewing the collection of information. Subpart H—Gulf of the Farallones National (to the tide gate at Valley Ford Franklin The revised permit regulations would Marine Sanctuary School Road) and Estero Americano (to require the Director of the NMSP to Sec. the bridge at Valley Ford Estero Road), consider the proposed activity for which 922.80 Boundary. as well as Bodega Bay, but not Bodega a permit application has been received. 922.81 Definitions. Harbor. Where the Sanctuary boundary The modifications to the permit 922.82 Prohibited or otherwise regulated crosses a waterway, the Sanctuary procedures and criteria (15 CFR activities. boundary excludes these waterways 922.83 Permit procedures and issuance 922.133) further refine current criteria. shoreward of the Sanctuary boundary requirements and procedures of the 922.84 Certification of other permits. line delineated by the coordinates general National Marine Sanctuary Appendix A to Subpart H of Part 922—Gulf provided. The precise seaward Program regulations (15 CFR 922.48(a) of the Farallones National Marine boundary coordinates are listed in and (c)). The modifications also clarify Sanctuary Boundary Coordinates Appendix A to this subpart.

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§ 922.81 Definitions. that the host organism acquires the (iv) Vessel engine or generator In addition to those definitions found genetic traits of the transferred genes. exhaust. at § 922.3, the following definitions Motorized personal watercraft means (3) Discharging or depositing, from apply to this subpart: a vessel which uses an inboard motor within or into the Sanctuary, any Areas of Special Biological powering a water jet pump as its material or other matter from a cruise Significance (ASBS) are those areas primary source of motive power and ship except clean vessel engine cooling designated by California’s State Water which is designed to be operated by a water, clean vessel generator cooling Resources Control Board as requiring person sitting, standing, or kneeling on water, clean bilge water, or anchor protection of species or biological the vessel, rather than the conventional wash. communities to the extent that manner of sitting or standing inside the (4) Discharging or depositing, from alteration of natural water quality is vessel. beyond the boundary of the Sanctuary, undesirable. ASBS are a subset of State Routine maintenance means any material or other matter that Water Quality Protection Areas customary and standard procedures for subsequently enters the Sanctuary and established pursuant to California maintaining docks or piers. injures a Sanctuary resource or quality, Public Resources Code section 36700 et Seagrass means any species of marine except for the exclusions listed in seq. angiosperms (flowering plants) that paragraphs (a)(2)(i) through (iv) and Attract or attracting means the inhabit portions of the submerged lands (a)(3) of this section. conduct of any activity that lures or may in the Sanctuary. Those species include, (5) Constructing any structure other lure any animal in the Sanctuary by but are not limited to: Zostera asiatica than a navigation aid on or in the using food, bait, chum, dyes, decoys and Zostera marina. submerged lands of the Sanctuary; (e.g., surfboards or body boards used as placing or abandoning any structure on decoys), acoustics or any other means, § 922.82 Prohibited or otherwise regulated or in the submerged lands of the except the mere presence of human activities. Sanctuary; or drilling into, dredging, or beings (e.g., swimmers, divers, boaters, (a) The following activities are otherwise altering the submerged lands kayakers, surfers). prohibited and thus are unlawful for of the Sanctuary in any way, except: Clean means not containing any person to conduct or to cause to be (i) By anchoring vessels (in a manner detectable levels of harmful matter. conducted within the Sanctuary: not otherwise prohibited by this part Cruise ship means a vessel with 250 (1) Exploring for, developing, or (see § 922.82(a)(16)); or more passenger berths for hire. (ii) While conducting lawful fishing Deserting means leaving a vessel producing oil or gas except that pipelines related to hydrocarbon activities; aground or adrift without notification to (iii) The laying of pipelines related to operations adjacent to the Sanctuary the Director of the vessel going aground hydrocarbon operations in leases may be placed at a distance greater than or becoming adrift within 12 hours of its adjacent to the Sanctuary in accordance 2 nmi from the Farallon Islands, Bolinas discovery and developing and with paragraph (a)(1) of this section; Lagoon and Areas of Special Biological presenting to the Director a preliminary (iv) Routine maintenance and Significance (ASBS) where certified to salvage plan within 24 hours of such construction of docks and piers on have no significant effect on Sanctuary notification, after expressing or Tomales Bay; or otherwise manifesting intention not to resources in accordance with § 922.84. (v) Mariculture activities conducted undertake or to cease salvage efforts, or (2) Discharging or depositing from pursuant to a valid lease, permit, license when the owner/operator cannot after within or into the Sanctuary, other than or other authorization issued by the reasonable efforts by the Director be from a cruise ship, any material or other State of California. reached within 12 hours of the vessel’s matter except: (6) Operating any vessel engaged in condition being reported to authorities; (i) Fish, fish parts, or chumming the trade of carrying cargo within an or leaving a vessel at anchor when its materials (bait) used in or resulting from area extending 2 nmi from the Farallon condition creates potential for a lawful fishing activity within the Islands, Bolinas Lagoon or any ASBS. grounding, discharge, or deposit and the Sanctuary, provided that such discharge This includes but is not limited to owner/operator fails to secure the vessel or deposit is during the conduct of tankers and other bulk carriers and in a timely manner. lawful fishing activity within the barges, or any vessel engaged in the Harmful matter means any substance, Sanctuary; trade of servicing offshore installations, or combination of substances, that (ii) For a vessel less than 300 gross except to transport persons or supplies because of its quantity, concentration, or registered tons (GRT), or a vessel 300 to or from the Islands or mainland areas physical, chemical, or infectious GRT or greater without sufficient adjacent to Sanctuary waters or any characteristics may pose a present or holding tank capacity to hold sewage ASBS. In no event shall this section be potential threat to Sanctuary resources while within the Sanctuary, clean construed to limit access for fishing, or qualities, including but not limited effluent generated incidental to vessel recreational or research vessels. to: fishing nets, fishing line, hooks, fuel, use by an operable Type I or II marine (7) Operation of motorized personal oil, and those contaminants (regardless sanitation device (U.S. Coast Guard watercraft, except for the operation of of quantity) listed pursuant to 42 U.S.C. classification) that is approved in motorized personal watercraft for 101(14) of the Comprehensive accordance with section 312 of the emergency search and rescue missions Environmental Response, Compensation Federal Water Pollution Control Act, as or law enforcement operations (other and Liability Act at 40 CFR 302.4. amended (FWPCA), 33 U.S.C. 1322. than routine training activities) carried Introduced species means any species Vessel operators must lock all marine out by the National Park Service, U.S. (including, but not limited to, any of its sanitation devices in a manner that Coast Guard, Fire or Police Departments biological matter capable of prevents discharge or deposit of or other Federal, State or local propagation) that is non-native to the untreated sewage; jurisdictions. ecosystems of the Sanctuary; or any (iii) Clean vessel deck wash down, (8) Disturbing birds or marine organism into which altered genetic clean vessel engine cooling water, clean mammals by flying motorized aircraft at matter, or genetic matter from another vessel generator cooling water, clean less than 1000 feet over the waters species, has been transferred in order bilge water, or anchor wash; or within one nmi of the Farallon Islands,

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Bolinas Lagoon, or any ASBS except to the Director and the Department of (7) The reasonably expected end value transport persons or supplies to or from Defense. of the proposed activity to the the Islands or for enforcement purposes. (c) The prohibitions in paragraph (a) furtherance of Sanctuary goals and (9) Possessing, moving, removing, or of this section do not apply to activities purposes outweighs any potential injuring, or attempting to possess, move, necessary to respond to an emergency adverse effects on Sanctuary resources remove or injure, a Sanctuary historical threatening life, property, or the and qualities from the conduct of the resource. environment, or except as may be activity; and (10) Introducing or otherwise permitted by the Director in accordance (8) Any other factors as the Director releasing from within or into the with § 922.48 and § 922.83. Sanctuary an introduced species, deems appropriate. § 922.83 Permit procedures and issuance (d) Applications. except: criteria. (i) Striped bass (Morone saxatilis) (a) A person may conduct an activity (1) Applications for permits should be released during catch and release addressed to the Director, Office of fishing activity; or prohibited by § 922.82 if such activity is specifically authorized by, and National Marine Sanctuaries; ATTN: (ii) Species cultivated by mariculture conducted in accordance with the Superintendent, Gulf of the Farallones activities in Tomales Bay pursuant to a scope, purpose, terms and conditions of, National Marine Sanctuary, 991 Marine valid lease, permit, license or other a permit issued under § 922.48 and this Dr., The Presidio, San Francisco, CA authorization issued by the State of section. 94129. California and in effect on the effective (b) The Director, at his or her date of the final regulation. (2) In addition to the information discretion, may issue a National Marine (11) Taking any marine mammal, sea listed in § 922.48(b), all applications Sanctuary permit under this section, turtle, or bird within or above the must include information to be subject to terms and conditions as he or Sanctuary, except as authorized by the considered by the Director in paragraph she deems appropriate, if the Director Marine Mammal Protection Act, as (b) and (c) of this section. finds that the activity will: amended, (MMPA), 16 U.S.C. 1361 et (1) Further research or monitoring (e) The permittee must agree to hold seq., Endangered Species Act (ESA), as related to Sanctuary resources and the United States harmless against any amended, 16 U.S.C. 1531 et seq., qualities; claims arising out of the conduct of the Migratory Bird Treaty Act, as amended, (2) Further the educational value of permitted activities. (MBTA), 16 U.S.C. 703 et seq., or any the Sanctuary; regulation, as amended, promulgated (3) Further salvage or recovery § 922.84 Certification of other permits. under the MMPA, ESA, or MBTA. operations; or A permit, license, or other (12) Possessing within the Sanctuary (4) Assist in managing the Sanctuary. authorization allowing: the laying of any (regardless of where taken, moved or (c) In deciding whether to issue a pipeline related to hydrocarbon removed from), any marine mammal, permit, the Director shall consider sea turtle, or bird taken, except as operations in leases adjacent to the factors such as: Sanctuary and placed at a distance authorized by the MMPA, ESA, MBTA, (1) The applicant is qualified to greater than 2 nmi from the Farallon by any regulation, as amended, conduct and complete the proposed Islands, Bolinas Lagoon, and any ASBS promulgated under the MMPA, ESA, or activity; MBTA, or as necessary for valid law (2) The applicant has adequate must be certified by the Director as enforcement purposes. financial resources available to conduct consistent with the purpose of the (13) Attracting a white shark in the and complete the proposed activity; Sanctuary and having no significant Sanctuary; or approaching within 50 (3) The methods and procedures effect on Sanctuary resources. Such meters of any white shark within the proposed by the applicant are certification may impose terms and line approximating 2 nmi around the appropriate to achieve the goals of the conditions as deemed appropriate to Farallon Islands. The coordinates for the proposed activity, especially in relation ensure consistency. In considering line approximating 2 nmi around the to the potential effects of the proposed whether to make the certifications Farallon Islands are listed in Appendix activity on Sanctuary resources and called for in this section, the Director B to this subpart. qualities; may seek and consider the views of any (14) Deserting a vessel aground, at (4) The proposed activity will be other person or entity, within or outside anchor, or adrift in the Sanctuary. conducted in a manner compatible with the Federal government, and may hold (15) Leaving harmful matter aboard a the primary objective of protection of a public hearing as deemed appropriate. grounded or deserted vessel in the Sanctuary resources and qualities, Any certification called for in this Sanctuary. considering the extent to which the section shall be presumed unless the (16) Anchoring a vessel in a conduct of the activity may diminish or Director acts to deny or condition designated seagrass protection zone in enhance Sanctuary resources and certification within 60 days from the Tomales Bay, except as necessary for qualities, any potential indirect, date that the Director receives notice of mariculture operations conducted secondary or cumulative effects of the the proposed permit and the necessary pursuant to a valid lease, permit or activity, and the duration of such supporting data. The Director may license. The coordinates for the no- effects; amend, suspend, or revoke any anchoring seagrass protection zones are (5) The proposed activity will be certification made under this section listed in Appendix C to this subpart. conducted in a manner compatible with whenever continued operation would (b) All activities currently carried out the value of the Sanctuary, considering by the Department of Defense within the the extent to which the conduct of the violate any terms or conditions of the Sanctuary are essential for the national activity may result in conflicts between certification. Any such action shall be defense and, therefore, not subject to the different users of the Sanctuary, and the forwarded in writing to both the holder prohibitions in this section. The duration of such effects; of the certified permit and the issuing exemption of additional activities shall (6) It is necessary to conduct the agency and shall set forth reason(s) for be determined in consultation between proposed activity within the Sanctuary; the action taken.

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Appendix A to Subpart H of Part 922— Point ID No. connect points 3 through 6 in sequence and Gulf of the Farallones National Marine (2 nmi from then connects point 6 to point 1. All Sanctuary Boundary Coordinates the Farallon Latitude Longitude coordinates are in the Geographic Coordinate Islands System relative to the North American Datum Coordinates listed in this Appendix are Boundary) of 1983. unprojected (Geographic) and based on the North American Datum of 1983. 19 ...... 37.73634 ¥122.99017 Zone 2 Point ID Latitude Longitude 20 ...... 37.73036 ¥122.97601 Point ID No. Latitude Longitude 21 ...... 37.72042 ¥122.96548 1 ...... 38.14071 .. ¥122.87440 22 ...... 37.70870 ¥122.95890 2 ...... 38.11386 .. ¥122.85851 Sanctuary 23 ...... 37.69737 ¥122.95720 3 ...... 38.11899 .. ¥122.86731 Boundary 24 ...... 37.68759 ¥122.95882 4 ...... 38.12563 .. ¥122.86480 1 ...... 38.29896 ¥123.05989 25 ...... 37.67768 ¥122.96469 5 ...... 38.12724 .. ¥122.86488 2 ...... 38.26390 ¥123.18138 26 ...... 37.66905 ¥122.97427 6 ...... 38.13326 .. ¥122.87178 3 ...... 38.21001 ¥123.11913 27 ...... 37.66352 ¥122.98478 7 ...... Same as 1 Same as 1. 4 ...... 38.16576 ¥123.09207 28 ...... 37.66037 ¥122.99741 ¥ ¥ 5 ...... 38.14072 123.08237 29 ...... 37.66029 123.00991 ZONE 3: Zone 3 is an area of ¥ ¥ 6 ...... 38.12829 123.08742 30 ...... 37.66290 123.02133 approximately 4.6 hectares that begins just ¥ ¥ 7 ...... 38.10215 123.09804 31 ...... 37.67102 123.03830 south of Marshall and extends approximately ¥ ¥ 8 ...... 38.09069 123.10387 32 ...... 37.67755 123.04612 1 kilometer south along the eastern shore of ¥ ¥ 9 ...... 38.07898 123.10924 33 ...... 37.68844 123.05334 Tomales Bay. The eastern boundary is the ¥ ¥ 10 ...... 38.06505 123.11711 34 ...... 37.69940 123.05567 mean high water (MHW) line from point 1 to ¥ ¥ 11 ...... 38.05202 123.12827 35 ...... 37.71127 123.06858 point 2 listed in the coordinate table below. ¥ ¥ 12 ...... 37.99227 123.14137 36 ...... 37.72101 123.07329 The southern boundary is a straight line that ¥ ¥ 13 ...... 37.98947 123.23615 37 ...... 37.73167 123.07399 connects point 2 to point 3, the western ¥ ¥ 14 ...... 37.95880 123.32312 38 ...... 37.73473 123.07340 boundary is a straight line that connects ¥ ¥ 15 ...... 37.90464 123.38958 39 ...... 37.73074 123.08620 point 3 to point 4, and the northern boundary ¥ ¥ 16 ...... 37.83480 123.42579 40 ...... 37.73010 123.09787 is a straight line that connects point 4 to ¥ ¥ 17 ...... 37.76687 123.42694 41 ...... 37.73265 123.11296 point 5. All coordinates are in the Geographic ¥ ¥ 18 ...... 37.75932 123.42686 42 ...... 37.73685 123.12315 Coordinate System relative to the North ¥ ¥ 19 ...... 37.68892 123.39274 43 ...... 37.74273 123.13124 American Datum of 1983. 20 ...... 37.63356 ¥123.32819 44 ...... 37.74725 ¥123.13762 21 ...... 37.60123 ¥123.24292 ¥ 45 ...... 37.75467 123.14466 Zone 3 Point ID Latitude Longitude 22 ...... 37.59165 ¥123.22641 46 ...... 37.76448 ¥123.14917 ¥ 23 ...... 37.56305 123.19859 47 ...... 37.77670 ¥123.14954 1 ...... 38.16031 .. ¥122.89442 24 ...... 37.52001 ¥123.12879 ¥ ¥ 2 ...... 38.15285 .. 122.88991 25 ...... 37.50819 123.09617 Appendix C to Subpart H of Part 922— 3 ...... 38.15250 .. ¥122.89042 26 ...... 37.49418 ¥123.00770 ¥ ¥ No-Anchoring Seagrass Protection 4 ...... 38.15956 .. 122.89573 27 ...... 37.50948 122.90614 5 ...... Same as 1 Same as 1. 28 ...... 37.52988 ¥122.85988 Zones in Tomales Bay 29 ...... 37.57147 ¥122.80399 Coordinates listed in this Appendix are ZONE 4: Zone 4 is an area of 30 ...... 37.61622 ¥122.76937 unprojected (Geographic) and based on the approximately 61.8 hectares that begins just 31 ...... 37.66641 ¥122.75105 North American Datum of 1983. north of Nicks Cove and extends Table C–1: Zone 1: approximately 5 kilometers south along the Appendix B to Subpart H of Part 922— Zone 1 is an area of approximately 39.9 eastern shore of Tomales Bay to just south of 2 nmi From the Farallon Islands hectares offshore south of Millerton Point. Cypress Grove. The eastern boundary is the Boundary Coordinates The eastern boundary is a straight line that mean high water (MHW) line from point 1 to connects points 1 and 2 listed in the point 2 listed in the coordinate table below. Coordinates listed in this Appendix are coordinate table below. The southern The southern boundary is a straight line that unprojected (Geographic) and based on the boundary is a straight line that connects connects point 2 to point 3. The western North American Datum of 1983. points 2 and 3, the western boundary is a boundary is a series of straight lines that straight line that connects points 3 and 4 and connect points 3 through 9 in sequence. The Point ID No. the northern boundary is a straight line that northern boundary is a straight line that (2 nmi from connects point 4 to point 5. All coordinates connects point 9 to point 10. All coordinates the Farallon Latitude Longitude Islands are in the Geographic Coordinate System are in the Geographic Coordinate System Boundary) relative to the North American Datum of relative to the North American Datum of 1983. 1983. 0 ...... 37.77670 ¥123.14954 1 ...... 37.78563 ¥123.14632 Zone 1 Point ID Latitude Longitude Zone 4 Point ID Latitude Longitude 2 ...... 37.79566 ¥123.13764 3 ...... 37.80296 ¥123.12521 1 ...... 38.10571 .. ¥122.84565 1 ...... 38.20073 .. ¥122.92181 4 ...... 37.80609 ¥123.11189 2 ...... 38.09888 .. ¥122.83603 2 ...... 38.16259 .. ¥122.89627 5 ...... 37.80572 ¥123.09847 3 ...... 38.09878 .. ¥122.84431 3 ...... 38.16227 .. ¥122.89650 6 ...... 37.80157 ¥123.08484 4 ...... 38.10514 .. ¥122.84904 4 ...... 38.16535 .. ¥122.90308 7 ...... 37.79776 ¥123.07836 5 ...... Same as 1 Same as 1. 5 ...... 38.16869 .. ¥122.90475 8 ...... 37.79368 ¥123.06992 6 ...... 38.17450 .. ¥122.90545 9 ...... 37.78702 ¥123.06076 ZONE 2: Zone 2 is an area of 7 ...... 38.17919 .. ¥122.91021 10 ...... 37.77905 ¥123.05474 approximately 50.3 hectares that begins just 8 ...... 38.18651 .. ¥122.91404 11 ...... 37.77014 ¥123.05169 south of Marconi and extends approximately 9 ...... 38.18881 .. ¥122.91740 12 ...... 37.76201 ¥123.05151 3 kilometers south along the eastern shore of 10 ...... Same as 1 Same as 1. 13 ...... 37.75758 ¥123.05248 Tomales Bay. The eastern boundary is the 14 ...... 37.76078 ¥123.04115 mean high water (MHW) line from point 1 to ZONE 5: Zone 5 is an area of 15 ...... 37.76151 ¥123.02803 point 2 listed in the coordinate table below. approximately 461.4 hectares that begins east 16 ...... 37.75898 ¥123.01527 The southern boundary is a straight line that of Lawsons Landing and extends 17 ...... 37.75267 ¥123.00303 connects point 2 to point 3. The western approximately 5 kilometers east and south 18 ...... 37.74341 ¥122.99425 boundary is a series of straight lines that along the eastern shore of Tomales Bay but

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excludes areas adjacent (approximately 600 Zone 7 Point ID Latitude Longitude or qualities, including but not limited meters) to the mouth of Walker Creek. The to: fishing nets, fishing line, hooks, fuel, boundary follows the mean high water 1 ...... 38.11034 .. ¥122.86544 oil, and those contaminants (regardless (MHW) mark from point 1 and trends in a 2 ...... 38.13008 .. ¥122.88742 of quantity) listed pursuant to 42 U.S.C. ¥ southeast direction to point 2 listed in the 3 ...... 38.13067 .. 122.88620 Introduced species means any species coordinate table below. From point 2 the 4 ...... 38.12362 .. ¥122.87984 boundary trends westward in a straight line 5 ...... 38.11916 .. ¥122.87491 (including, but not limited to, any of its to point 3, then trends southward in a 6 ...... 38.11486 .. ¥122.86896 biological matter capable of straight line to point 4 and then trends 7 ...... 38.11096 .. ¥122.86468 propagation) that is non-native to the eastward in a straight line to point 5. The 8 ...... Same as 1 Same as 1. ecosystems of the Sanctuary; or any boundary follows the mean high water line organism into which altered genetic from point 5 southward to point 6. The ■ 3. Subpart K of Part 922 is revised to matter, or genetic matter from another southern boundary is a straight line that read as follows: species, has been transferred in order connects point 6 to point 7. The eastern Subpart K—Cordell Bank National Marine that the host organism acquires the boundary is a series of straight lines that genetic traits of the transferred genes. connect points 7 to 9 in sequence and then Sanctuary connects point 9 to point 10. All coordinates Sec. § 922.112 Prohibited or otherwise are in the Geographic Coordinate System 922.110 Boundary. regulated activities. relative to the North American Datum of 922.111 Definitions. (a) The following activities are 1983. 922.112 Prohibited or otherwise regulated activities. prohibited and thus are unlawful for any person to conduct or to cause to be Zone 5 Point ID Latitude Longitude 922.113 Permit procedures and issuance criteria. conducted within the Sanctuary: 1 ...... 38.23122 .. ¥122.96300 Appendix A to Subpart K of Part 922— (1)(i) Discharging or depositing from 2 ...... 38.21599 .. ¥122.93749 Cordell Bank National Marine Sanctuary within or into the Sanctuary, other than 3 ...... 38.20938 .. ¥122.94153 Boundary Coordinates from a cruise ship, any material or other 4 ...... 38.20366 .. ¥122.93246 Appendix B to Subpart K of Part 922—Line Representing the 50-Fathom Isobath matter except: 5 ...... 38.20515 .. ¥122.92453 (A) Fish, fish parts, or chumming ¥ Surrounding Cordell Bank 6 ...... 38.20073 .. 122.92181 materials (bait), used in or resulting ¥ 7 ...... 38.19405 .. 122.93477 Subpart K—Cordell Bank National from lawful fishing activity within the 8 ...... 38.20436 .. ¥122.94305 Marine Sanctuary Sanctuary, provided that such discharge 9 ...... 38.21727 .. ¥122.96225 10 ...... Same as 1 Same as 1. or deposit is during the conduct of § 922.110 Boundary. lawful fishing activity within the The Cordell Bank National Marine Sanctuary; ZONE 6: Zone 6 is an area of Sanctuary (Sanctuary) boundary approximately 3.94 hectares in the vicinity of (B) For a vessel less than 300 gross Indian Beach along the western shore of encompasses a total area of registered tons (GRT), or a vessel 300 Tomales Bay. The western boundary follows approximately 399 square nautical miles GRT or greater without sufficient the mean high water (MHW) line from point (nmi) of ocean waters, and submerged holding tank capacity to hold sewage 1 northward to point 2 listed in the lands thereunder, off the northern coast while within the Sanctuary, clean coordinate table below. The northern of California approximately 50 miles effluent generated incidental to vessel boundary is a straight line that connects west-northwest of San Francisco, use and generated by an operable Type point 2 to point 3. The eastern boundary is California. The Sanctuary boundary I or II marine sanitation device (U.S. a straight line that connects point 3 to point extends westward (approximately 250 Coast Guard classification) approved in 4. The southern boundary is a straight line degrees) from the northwestern most that connects point 4 to point 5. All accordance with section 312 of the point of the Gulf of the Farallones Federal Water Pollution Control Act, as coordinates are in the Geographic Coordinate National Marine Sanctuary (GFNMS) to System relative to the North American Datum amended, (FWPCA), 33 U.S.C. 1322. of 1983. the 1,000 fathom isobath northwest of Vessel operators must lock all marine Cordell Bank. The Sanctuary boundary sanitation devices in a manner that Zone 6 Point ID Latitude Longitude then generally follows this isobath in a prevents discharge or deposit of southerly direction to the western-most untreated sewage; ¥ 1 ...... 38.13811 .. 122.89603 point of the GFNMS boundary. The (C) Clean vessel deck wash down, ¥ 2 ...... 38.14040 .. 122.89676 Sanctuary boundary then follows the clean vessel engine cooling water, clean 3 ...... 38.14103 .. ¥122.89537 GFNMS boundary again to the vessel generator cooling water, clean 4 ...... 38.13919 .. ¥122.89391 northwestern corner of the GFNMS. The 5 ...... Same as 1 Same as 1. bilge water, or anchor wash; or exact boundary coordinates are listed in (D) Vessel engine or generator Appendix A to this subpart. ZONE 7: Zone 7 is an area of exhaust. approximately 32.16 hectares that begins just § 922.111 Definitions. (ii) Discharging or depositing, from south of Pebble Beach and extends In addition to the definitions found in within or into the Sanctuary, any approximately 3 kilometers south along the § 922.3, the following definitions apply material or other matter from a cruise western shore of Tomales Bay. The western to this subpart: ship except clean vessel engine cooling boundary is the mean high water (MHW) line Clean means not containing water, clean vessel generator cooling from point 1 to point 2 listed in the detectable levels of harmful matter. water, clean bilge water, or anchor coordinate table below. The northern Cruise ship means a vessel with 250 wash. boundary is a straight line that connects point 2 to point 3. The eastern boundary is or more passenger berths for hire. (iii) Discharging or depositing, from a series of straight lines that connect points Harmful matter means any substance, beyond the boundary of the Sanctuary, 3 through 7 in sequence. The southern or combination of substances, that any material or other matter that boundary is a straight line that connects because of its quantity, concentration, or subsequently enters the Sanctuary and point 7 to point 8. All coordinates are in the physical, chemical, or infectious injures a Sanctuary resource or quality, Geographic Coordinate System relative to the characteristics may pose a present or except as listed in paragraphs (a)(1)(i) North American Datum of 1983. potential threat to Sanctuary resources and (a)(1)(ii) of this section.

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(2) On or within the line representing MBTA, or as necessary for valid law (2) The applicant has adequate the 50-fathom isobath surrounding enforcement purposes. financial resources available to conduct Cordell Bank, removing, taking, or (7) Introducing or otherwise releasing and complete the proposed activity; injuring or attempting to remove, take, from within or into the Sanctuary an (3) The methods and procedures or injure benthic invertebrates or algae introduced species, except striped bass proposed by the applicant are located on Cordell Bank. This (Morone saxatilis) released during catch appropriate to achieve the goals of the prohibition does not apply to use of and release fishing activity. proposed activity, especially in relation bottom contact gear used during fishing (b) The prohibitions in paragraph (a) to the potential effects of the proposed activities, which is prohibited pursuant of this section do not apply to activities activity on Sanctuary resources and to 50 CFR part 660 (Fisheries off West necessary to respond to an emergency qualities; Coast States). The coordinates for the threatening life, property or the (4) The proposed activity will be line representing the 50-fathom isobath environment, or except as may be conducted in a manner compatible with are listed in Appendix B to this subpart. permitted by the Director in accordance the primary objective of protection of There is a rebuttable presumption that with § 922.48 and § 922.113. Sanctuary resources and qualities, any such resource found in the (c) All activities being carried out by considering the extent to which the possession of a person within the the Department of Defense (DOD) within conduct of the activity may diminish or Sanctuary was taken or removed by that the Sanctuary on the effective date of enhance Sanctuary resources and person. designation that are necessary for qualities, any potential indirect, (3) Exploring for, or developing or national defense are exempt from the secondary or cumulative effects of the producing, oil, gas, or minerals in any prohibitions contained in the activity, and the duration of such area of the Sanctuary. regulations in this subpart. Additional effects; (4)(i) On or within the line DOD activities initiated after the (5) The proposed activity will be representing the 50-fathom isobath effective date of designation that are conducted in a manner compatible with surrounding Cordell Bank, drilling into, necessary for national defense will be the value of the Sanctuary, considering dredging, or otherwise altering the exempted by the Director after the extent to which the conduct of the submerged lands; or constructing, consultation between the Department of activity may result in conflicts between placing, or abandoning any structure, Commerce and DOD. DOD activities not different users of the Sanctuary, and the material or other matter on or in the necessary for national defense, such as duration of such effects; submerged lands. This prohibition does routine exercises and vessel operations, (6) It is necessary to conduct the not apply to use of bottom contact gear are subject to all prohibitions contained proposed activity within the Sanctuary; used during fishing activities, which is in the regulations in this subpart. (7) The reasonably expected end value prohibited pursuant to 50 CFR part 660 (d) Where necessary to prevent of the proposed activity to the (Fisheries off West Coast States). The immediate, serious, and irreversible furtherance of Sanctuary goals and coordinates for the line representing the damage to a Sanctuary resource, any purposes outweighs any potential 50-fathom isobath are listed in activity may be regulated within the adverse effects on Sanctuary resources Appendix B to this subpart. limits of the Act on an emergency basis and qualities from the conduct of the (ii) In the Sanctuary beyond the line for no more than 120 days. activity; and (8) Any other factors as the Director representing the 50-fathom isobath § 922.113 Permit procedures and issuance surrounding Cordell Bank, drilling into, criteria. deems appropriate. (d) Applications. dredging, or otherwise altering the (a) A person may conduct an activity (1) Applications for permits should be submerged lands; or constructing, prohibited by § 922.112 if such activity addressed to the Director, Office of placing, or abandoning any structure, is specifically authorized by, and National Marine Sanctuaries; ATTN: material or matter on the submerged conducted in accordance with the Superintendent, Cordell Bank National lands except as incidental and necessary scope, purpose, terms and conditions of, Marine Sanctuary, P.O. Box 159, Olema, for anchoring any vessel or lawful use a permit issued under § 922.48 and this CA 94950. of any fishing gear during normal section. (2) In addition to the information fishing activities. The coordinates for (b) The Director, at his or her listed in § 922.48(b), all applications the line representing the 50-fathom discretion, may issue a national marine must include information to be isobath are listed in Appendix B to this sanctuary permit under this section, considered by the Director in paragraph subpart. subject to terms and conditions, as he or (b) and (c) of this section. (5) Taking any marine mammal, sea she deems appropriate, if the Director (e) The permittee must agree to hold turtle, or bird within or above the finds that the activity will: the United States harmless against any Sanctuary, except as authorized by the (1) Further research or monitoring claims arising out of the conduct of the Marine Mammal Protection Act, as related to Sanctuary resources and permitted activities. amended, (MMPA), 16 U.S.C. 1361 et qualities; seq., Endangered Species Act, as (2) Further the educational value the Appendix A to Subpart K of Part 922— amended, (ESA), 16 U.S.C. 1531 et seq., Sanctuary; Cordell Bank National Marine Migratory Bird Treaty Act, as amended, (3) Further salvage or recovery Sanctuary Boundary Coordinates (MBTA), 16 U.S.C. 703 et seq., or any operations in or near the Sanctuary in Coordinates listed in this Appendix are regulation, as amended, promulgated connection with a recent air or marine under the MMPA, ESA, or MBTA. unprojected (Geographic Coordinate System) casualty; or and based on the North American Datum of (6) Possessing within the Sanctuary (4) Assist in managing the Sanctuary. 1983 (NAD83). (regardless of where taken, moved or (c) In deciding whether to issue a removed from), any marine mammal, permit, the Director shall consider such SANCTUARY BOUNDARY COORDINATES sea turtle or bird taken, except as factors as: authorized by the MMPA, ESA, MBTA, (1) The applicant is qualified to Point ID No. Latitude Longitude by any regulation, as amended, conduct and complete the proposed promulgated under the MMPA, ESA, or activity; 1 ...... 38.26390 ¥123.18138

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SANCTUARY BOUNDARY CORDELL BANK FIFTY FATHOM LINE— towards shore until it intersects the COORDINATES—Continued Continued Mean High Water Line (MHWL) along the coast near Cambria. The Sanctuary Point ID No. Latitude Longitude Point ID No. Latitude Longitude boundary then follows the MHWL northward to the northern terminus at 2 ...... 38.13219 ¥123.64265 8 ...... 38.07588 ¥123.47195 Rocky Point. The shoreward Sanctuary ¥ ¥ 3 ...... 38.11256 123.63344 9 ...... 38.06451 123.46146 boundary excludes a small area between ¥ 10 ...... 38.07123 ¥123.44467 4 ...... 38.08289 123.62065 Point Bonita and Point San Pedro. Pillar 5 ...... 38.07451 ¥123.62162 11 ...... 38.04446 ¥123.40286 6 ...... 38.06188 ¥123.61546 12 ...... 38.01442 ¥123.38588 Point Harbor, Santa Cruz Harbor, 7 ...... 38.05308 ¥123.60549 13 ...... 37.98859 ¥123.37533 Monterey Harbor, and Moss Landing 8 ...... 38.04614 ¥123.60611 14 ...... 37.97071 ¥123.38605 Harbor are all excluded from the 9 ...... 38.03409 ¥123.59904 Sanctuary shoreward from the points 10 ...... 38.02419 ¥123.59864 ■ 4. Subpart M of Part 922 is revised to listed in Appendix A except for Moss ¥ 11 ...... 38.02286 123.61531 read as follows: Landing Harbor, where all of Elkhorn 12 ...... 38.01987 ¥123.62450 Slough east of the Highway One bridge, ¥ Subpart M—Monterey Bay National Marine 13 ...... 38.01366 123.62494 and west of the tide gate at Elkhorn 14 ...... 37.99847 ¥123.61331 Sanctuary 15 ...... 37.98678 ¥123.59988 Road and toward the center channel Sec. from the MHWL is included within the 16 ...... 37.97761 ¥123.58746 922.130 Boundary. 17 ...... 37.96683 ¥123.57859 922.131 Definitions. Sanctuary, excluding areas within the 18 ...... 37.95528 ¥123.56199 922.132 Prohibited or otherwise regulated Elkhorn Slough National Estuarine 19 ...... 37.94901 ¥123.54777 activities. Research Reserve. Exact coordinates for 20 ...... 37.93858 ¥123.54701 922.133 Permit procedures and criteria. the seaward boundary and harbor 21 ...... 37.92288 ¥123.54360 922.134 Notification and review. exclusions are provided in Appendix A 22 ...... 37.90725 ¥123.53937 Appendix A to Subpart M of Part 922— to this subpart. ¥ 23 ...... 37.88541 123.52967 Monterey Bay National Marine (b) The Davidson Seamount 24 ...... 37.87637 ¥123.52192 Sanctuary Boundary Coordinates 25 ...... 37.86189 ¥123.52197 Appendix B to Subpart M of Part 922—Zones Management Zone is also part of the 26 ...... 37.84988 ¥123.51749 Within the Sanctuary Where Overflights Sanctuary. This area, bounded by 27 ...... 37.82296 ¥123.49280 Below 1000 Feet Are Prohibited geodetic lines connecting a rectangle 28 ...... 37.81365 ¥123.47906 Appendix C to Subpart M of Part 922— centered on the top of the Davidson 29 ...... 37.81026 ¥123.46897 Dredged Material Disposal Sites Within Seamount, consists of approximately 30 ...... 37.80094 ¥123.47313 the Sanctuary 585 square nmi of ocean waters and the 31 ...... 37.79487 ¥123.46721 Appendix D to Subpart M of Part 922— submerged lands thereunder. The 32 ...... 37.78383 ¥123.45466 Dredged Material Disposal Sites ¥ Adjacent to the Monterey Bay National shoreward boundary of this portion of 33 ...... 37.78109 123.44694 the Sanctuary is located approximately 34 ...... 37.77033 ¥123.43466 Marine Sanctuary 35 ...... 37.76687 ¥123.42694 Appendix E to Subpart M of Part 922— 65 nmi off the coast of San Simeon in 36 ...... 37.83480 ¥123.42579 Motorized Personal Watercraft Zones San Luis Obispo County. Exact 37 ...... 37.90464 ¥123.38958 and Access Routes Within the Sanctuary coordinates for the Davidson Seamount 38 ...... 37.95880 ¥123.32312 Appendix F to Subpart M of Part 922— Management Zone boundary are 39 ...... 37.98947 ¥123.23615 Davidson Seamount Management Zone provided in Appendix F to this subpart. 40 ...... 37.99227 ¥123.14137 41 ...... 38.05202 ¥123.12827 Subpart M—Monterey Bay National § 922.131 Definitions. Marine Sanctuary 42 ...... 38.06505 ¥123.11711 In addition to those definitions found 43 ...... 38.07898 ¥123.10924 ¥ § 922.130 Boundary. at 15 CFR 922.3, the following 44 ...... 38.09069 123.10387 definitions apply to this subpart: 45 ...... 38.10215 ¥123.09804 The Monterey Bay National Marine 46 ...... 38.12829 ¥123.08742 Sanctuary (Sanctuary) consists of two Attract or attracting means the 47 ...... 38.14072 ¥123.08237 separate areas. (a) The first area consists conduct of any activity that lures or may 48 ...... 38.16576 ¥123.09207 of an area of approximately 4016 square lure any animal by using food, bait, 49 ...... 38.21001 ¥123.11913 nautical miles (nmi) of coastal and chum, dyes, decoys, acoustics, or any 50 ...... 38.26390 ¥123.18138 ocean waters, and submerged lands other means, except the mere presence thereunder, in and surrounding of human beings (e.g., swimmers, Appendix B to Subpart K of Part 922— Monterey Bay off the central coast of divers, boaters, kayakers, surfers). Line Representing the 50-Fathom California. The northern terminus of the Clean means not containing Isobath Surrounding Cordell Bank Sanctuary boundary is located along the detectable levels of harmful matter. Coordinates listed in this Appendix are southern boundary of the Gulf of the Cruise ship means a vessel with 250 unprojected (Geographic Coordinate System) Farallones National Marine Sanctuary or more passenger berths for hire. and based on the North American Datum of (GFNMS) beginning at Rocky Point just Davidson Seamount Management 1983 (NAD83). south of Stinson Beach in Marin Zone means the area bounded by County. The Sanctuary boundary geodetic lines connecting a rectangle CORDELL BANK FIFTY FATHOM LINE follows the GFNMS boundary westward centered on the top of the Davidson to a point approximately 29 nmi Seamount, and consists of Point ID No. Latitude Longitude offshore from Moss Beach in San Mateo approximately 585 square nmi of ocean County. The Sanctuary boundary then waters and the submerged lands 1 ...... 37.96034 ¥123.40371 2 ...... 37.96172 ¥123.42081 extends southward in a series of arcs, thereunder. The shoreward boundary of 3 ...... 37.99110 ¥123.44379 which generally follow the 500 fathom this portion of the Sanctuary is located 4 ...... 38.00406 ¥123.46443 isobath, to a point approximately 27 approximately 65 nmi off the coast of 5 ...... 38.01637 ¥123.46076 nmi offshore of Cambria, in San Luis San Simeon in San Luis Obispo County. 6 ...... 38.04684 ¥123.47920 Obispo County. The Sanctuary Exact coordinates for the Davidson 7 ...... 38.07106 ¥123.48754 boundary then extends eastward Seamount Management Zone boundary

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are provided in Appendix F to this sits inside the vessel; any vessel less (B) For a vessel less than 300 gross subpart. than 20 feet in length overall as registered tons (GRT), or a vessel 300 Deserting means leaving a vessel manufactured and propelled by GRT or greater without sufficient aground or adrift without notification to machinery and that has been exempted holding tank capacity to hold sewage the Director of the vessel going aground from compliance with the U.S. Coast while within the Sanctuary, clean or becoming adrift within 12 hours of its Guard’s Maximum Capacities Marking effluent generated incidental to vessel discovery and developing and for Load Capacity regulation found at 33 use by an operable Type I or II marine presenting to the Director a preliminary CFR Parts 181 and 183, except sanitation device (U.S. Coast Guard salvage plan within 24 hours of such submarines; or any other vessel that is classification) approved in accordance notification, after expressing or less than 20 feet in length overall as with section 312 of the Federal Water otherwise manifesting intention not to manufactured, and is propelled by a Pollution Control Act, as amended undertake or to cease salvage efforts, or water jet pump or drive. (FWPCA), 33 U.S.C. 1322. Vessel when the owner/operator cannot after operators must lock all marine reasonable efforts by the Director be § 922.132 Prohibited or otherwise sanitation devices in a manner that reached within 12 hours of the vessel’s regulated activities. prevents discharge or deposit of condition being reported to authorities; (a) Except as specified in paragraphs untreated sewage; or leaving a vessel at anchor when its (b) through (e) of this section, the (C) Clean vessel deck wash down, condition creates potential for a following activities are prohibited and clean vessel engine cooling water, clean grounding, discharge, or deposit and the thus are unlawful for any person to vessel generator cooling water, clean owner/operator fails to secure the vessel conduct or to cause to be conducted: bilge water, or anchor wash; in a timely manner. (1) Exploring for, developing, or (D) For a vessel less than 300 gross Federal Project means any water producing oil, gas, or minerals within registered tons (GRT), or a vessel 300 resources development project the Sanctuary, except: Jade may be GRT or greater without sufficient conducted by the U.S. Army Corps of collected (meaning removed) from the holding capacity to hold graywater Engineers or operating under a permit or area bounded by the 35.92222 N latitude while within the Sanctuary, clean other authorization issued by the Corps parallel (coastal reference point: Beach graywater as defined by section 312 of of Engineers and authorized by Federal access stairway at south Sand Dollar the FWPCA; law. Beach), the 35.88889 N latitude parallel (E) Vessel engine or generator Hand tool means a hand-held (coastal reference point: Westernmost exhaust; or implement, utilized for the collection of tip of Cape San Martin), and from the (F) Dredged material deposited at jade pursuant to 15 CFR 922.132(a)(1), mean high tide line seaward to the 90- disposal sites authorized by the U.S. that is no greater than 36 inches in foot isobath (depth line) (the Environmental Protection Agency (EPA) length and has no moving parts (e.g., ‘‘authorized area’’) provided that: (in consultation with the U.S. Army dive knife, pry bar, or abalone iron). (i) Only jade already loose from the Corps of Engineers (COE)) prior to the Pneumatic, mechanical, electrical, submerged lands of the Sanctuary may effective date of Sanctuary designation hydraulic, or explosive tools are, be collected; (January 1, 1993), provided that the therefore, examples of what does not (ii) No tool may be used to collect jade activity is pursuant to, and complies meet this definition. except: with the terms and conditions of, a valid Harmful matter means any substance, (A) A hand tool (as defined at 15 CFR Federal permit or approval existing on or combination of substances, that 922.131) to maneuver or lift the jade or January 1, 1993. Authorized disposal because of its quantity, concentration, or scratch the surface of a stone as sites within the Sanctuary are described physical, chemical, or infectious necessary to determine if it is jade; in Appendix C to this subpart. characteristics may pose a present or (B) A lift bag or multiple lift bags with (ii) Discharging or depositing from potential threat to Sanctuary resources a combined lift capacity of no more than within or into the Sanctuary any or qualities, including but not limited two hundred pounds; or material or other matter from a cruise to: Fishing nets, fishing line, hooks, (C) A vessel (except for motorized ship except clean vessel engine cooling fuel, oil, and those contaminants personal watercraft) (see paragraph water, clean vessel generator cooling (regardless of quantity) listed pursuant (a)(7) of this section) to provide access water, clean bilge water, or anchor to 42 U.S.C. 9601(14) of the to the authorized area; wash. Comprehensive Environmental (iii) Each person may collect only (iii) Discharging or depositing from Response, Compensation and Liability what that person individually carries; beyond the boundary of the Sanctuary Act at 40 CFR 302.4. and any material or other matter that Introduced species means: Any (iv) For any loose piece of jade that subsequently enters the Sanctuary and species (including but not limited to any cannot be collected under paragraphs injures a Sanctuary resource or quality, of its biological matter capable of (a)(1) (ii) and (iii) of this section, any except those listed in paragraphs propagation) that is non-native to the person may apply for a permit to collect (a)(2)(i)(A) through (E) and (a)(2)(ii) of ecosystems of the Sanctuary; or any such a loose piece by following the this section and dredged material organism into which altered genetic procedures in 15 CFR 922.133. deposited at the authorized disposal matter, or genetic matter from another (2)(i) Discharging or depositing from sites described in Appendix D to this species, has been transferred in order within or into the Sanctuary, other than subpart, provided that the dredged that the host organism acquires the from a cruise ship, any material or other material disposal is pursuant to, and genetic traits of the transferred genes. matter, except: complies with the terms and conditions Motorized personal watercraft (A) Fish, fish parts, chumming of, a valid Federal permit or approval. (MPWC) means any vessel, propelled by materials, or bait used in or resulting (3) Possessing, moving, removing, or machinery, that is designed to be from lawful fishing activities within the injuring, or attempting to possess, move, operated by standing, sitting, or Sanctuary, provided that such discharge remove, or injure, a Sanctuary historical kneeling on, astride, or behind the or deposit is during the conduct of resource. This prohibition does not vessel, in contrast to the conventional lawful fishing activities within the apply to, moving, removing, or injury manner, where the operator stands or Sanctuary; resulting incidentally from kelp

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harvesting, aquaculture, or lawful regulation, as amended, promulgated CA 93940.) For purposes of the fishing activities. under the MMPA, ESA, or MBTA, or as Davidson Seamount Management Zone, (4) Drilling into, dredging, or necessary for valid law enforcement these activities are listed in the 2008 otherwise altering the submerged lands purposes. Final Environmental Impact Statement. of the Sanctuary; or constructing, (9) Deserting a vessel aground, at New activities may be exempted from placing, or abandoning any structure, anchor, or adrift in the Sanctuary. the prohibitions in paragraphs (a)(2) material, or other matter on or in the (10) Leaving harmful matter aboard a through (12) of this section by the submerged lands of the Sanctuary, grounded or deserted vessel in the Director after consultation between the except as incidental and necessary to: Sanctuary. Director and the Department of Defense. (i) Conduct lawful fishing activities; (11) (i) Moving, removing, taking, (2) In the event of destruction of, loss (ii) Anchor a vessel; collecting, catching, harvesting, of, or injury to a Sanctuary resource or (iii) Conduct aquaculture or kelp disturbing, breaking, cutting, or quality resulting from an incident, harvesting; otherwise injuring, or attempting to including but not limited to discharges, (iv) Install an authorized navigational move, remove, take, collect, catch, deposits, and groundings, caused by a aid; harvest, disturb, break, cut, or otherwise Department of Defense activity, the (v) Conduct harbor maintenance in an injure, any Sanctuary resource located Department of Defense, in coordination area necessarily associated with a more that 3,000 feet below the sea with the Director, must promptly Federal Project in existence on January surface within the Davidson Seamount prevent and mitigate further damage 1, 1993, including dredging of entrance Management Zone. This prohibition and must restore or replace the channels and repair, replacement, or does not apply to fishing below 3000 Sanctuary resource or quality in a rehabilitation of breakwaters and jetties; feet within the Davidson Seamount manner approved by the Director. (vi) Construct, repair, replace, or Management Zone, which is prohibited (d) The prohibitions in paragraph rehabilitate a dock or pier; or pursuant to 50 CFR part 660 (Fisheries (a)(1) of this section as it pertains to jade (vii) Collect jade pursuant to off West Coast States). collection in the Sanctuary, and paragraph (a)(1) of this section, (ii) Possessing any Sanctuary resource paragraphs (a)(2) through (11) and provided that there is no constructing, the source of which is more than 3,000 (a)(13) of this section, do not apply to placing, or abandoning any structure, feet below the sea surface within the any activity conducted under and in material, or other matter on or in the Davidson Seamount Management Zone. accordance with the scope, purpose, submerged lands of the Sanctuary, other This prohibition does not apply to terms, and conditions of a National than temporary placement of an possession of fish resulting from fishing Marine Sanctuary permit issued authorized hand tool as provided in below 3000 feet within the Davidson pursuant to 15 CFR 922.48 and 922.133 paragraph (a)(1) of this section. The Seamount Management Zone, which is or a Special Use permit issued pursuant exceptions listed in paragraphs (a)(4)(ii) prohibited pursuant to 50 CFR part 660 to section 310 of the Act. through (a)(4)(vii) of this section do not (Fisheries off West Coast States). (e) The prohibitions in paragraphs apply within the Davidson Seamount (12) Introducing or otherwise (a)(2) through (a)(8) of this section do Management Zone. releasing from within or into the not apply to any activity authorized by (5) Taking any marine mammal, sea Sanctuary an introduced species, except any lease, permit, license, approval, or turtle, or bird within or above the striped bass (Morone saxatilis) released other authorization issued after the Sanctuary, except as authorized by the during catch and release fishing activity. effective date of Sanctuary designation Marine Mammal Protection Act, as (13) Attracting any white shark within (January 1, 1993) and issued by any amended, (MMPA), 16 U.S.C. 1361 et the Sanctuary. Federal, State, or local authority of seq., Endangered Species Act, as (14) Interfering with, obstructing, competent jurisdiction, provided that amended, (ESA), 16 U.S.C. 1531 et seq., delaying, or preventing an investigation, the applicant complies with 15 CFR Migratory Bird Treaty Act, as amended, search, seizure, or disposition of seized 922.49, the Director notifies the (MBTA), 16 U.S.C. 703 et seq., or any property in connection with applicant and authorizing agency that regulation, as amended, promulgated enforcement of the Act or any regulation he or she does not object to issuance of under the MMPA, ESA, or MBTA. or permit issued under the Act. the authorization, and the applicant (6) Flying motorized aircraft, except (b) The prohibitions in paragraphs complies with any terms and conditions as necessary for valid law enforcement (a)(2) through (11) of this section do not the Director deems necessary to protect purposes, at less than 1,000 feet above apply to an activity necessary to Sanctuary resources and qualities. any of the four zones within the respond to an emergency threatening Amendments, renewals, and extensions Sanctuary described in Appendix B to life, property, or the environment. of authorizations in existence on the this subpart. (c)(1) All Department of Defense effective date of designation constitute (7) Operating motorized personal activities must be carried out in a authorizations issued after the effective watercraft within the Sanctuary except manner that avoids to the maximum date of Sanctuary designation. within the five designated zones and extent practicable any adverse impacts (f) Notwithstanding paragraphs (d) access routes within the Sanctuary on Sanctuary resources and qualities. and (e) of this section, in no event may described in Appendix E to this subpart. The prohibitions in paragraphs (a)(2) the Director issue a National Marine Zone Five (at Pillar Point) exists only through (12) of this section do not apply Sanctuary permit under 15 CFR 922.48 when a High Surf Warning has been to existing military activities carried out and 922.133 or a Special Use permit issued by the National Weather Service by the Department of Defense, as under section 310 of the Act and is in effect for San Mateo County, specifically identified in the Final authorizing, or otherwise approve: the and only during December, January, and Environmental Impact Statement and exploration for, development, or February. Management Plan for the Proposed production of oil, gas, or minerals (8) Possessing within the Sanctuary Monterey Bay National Marine within the Sanctuary, except for the (regardless of where taken, moved, or Sanctuary (NOAA, 1992). (Copies of the collection of jade pursuant to paragraph removed from), any marine mammal, FEIS/MP are available from the (a)(1) of this section; the discharge of sea turtle, or bird, except as authorized Monterey Bay National Marine primary-treated sewage within the by the MMPA, ESA, MBTA, by any Sanctuary, 299 Foam Street, Monterey, Sanctuary (except by certification,

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pursuant to 15 CFR 922.47, of valid (3) Is the activity proposed for no § 922.134 Notification and review. authorizations in existence on January longer than necessary to achieve its (a) [Reserved] 1, 1993 and issued by other authorities stated purpose; (b)(1) NOAA has entered into a of competent jurisdiction); or the (4) Must the activity be conducted Memorandum of Agreement (MOA) disposal of dredged material within the within the Sanctuary; with the State of California, EPA, and Sanctuary other than at sites authorized (5) Will the activity be conducted the Association of Monterey Bay Area by EPA (in consultation with COE) prior using methods and procedures that are Governments regarding the Sanctuary to January 1, 1993. Any purported appropriate to achieve the goals of the regulations relating to water quality authorizations issued by other proposed activity, especially in relation within State waters within the authorities within the Sanctuary shall to the potential effects of the proposed Sanctuary. be invalid. activity on Sanctuary resources and With regard to permits, the MOA qualities; encompasses: § 922.133 Permit procedures and criteria. (i) National Pollutant Discharge (6) Will the activity be conducted in (a) A person may conduct an activity Elimination System (NPDES) permits a manner compatible with the primary prohibited by § 922.132(a)(1) as it issued by the State of California under objective of protection of Sanctuary pertains to jade collection in the section 13377 of the California Water resources and qualities, considering the Sanctuary, § 922.132(a)(2) through (11), Code; and extent to which the conduct of the and § 922.132(a)(13), if such activity is (ii) Waste Discharge Requirements activity may diminish or enhance specifically authorized by, and issued by the State of California under Sanctuary resources and qualities, any conducted in accordance with the section 13263 of the California Water potential indirect, secondary, or scope, purpose, terms, and conditions Code. cumulative effects of the activity, and of, a permit issued under this section (2) The MOA specifies how the the duration of such effects; and 15 CFR 922.48. process of 15 CFR 922.49 will be (b) The Director, at his or her sole (7) Will the activity be conducted in administered within State waters within discretion, may issue a permit, subject a manner compatible with the value of the Sanctuary in coordination with the to terms and conditions as he or she the Sanctuary as a source of recreation State permit program. and as a source of educational and deems appropriate, to conduct an Appendix A to Subpart M of Part 922— activity prohibited by § 922.132(a)(1) as scientific information, considering the extent to which the conduct of the Monterey Bay National Marine it pertains to jade collection in the Sanctuary Boundary Coordinates Sanctuary, § 922.132(a)(2) through (11), activity may result in conflicts between and § 922.132(a)(13), if the Director different users of the Sanctuary and the [Coordinates in this appendix are unprojected (Geographic Coordinate System) finds that the activity will have at most duration of such effects; and (8) Does the reasonably expected end and are calculated using the North American short-term and negligible adverse effects Datum of 1983] on Sanctuary resources and qualities value of the activity to the furtherance of the Sanctuary goals and objectives and: Point ID No. Latitude Longitude (1) Is research designed to further outweigh any potential adverse effects understanding of Sanctuary resources on Sanctuary resources and qualities Seaward Boundary and qualities; from the conduct of the activity. 1 ...... 37.88163 ¥122.62788 (2) Will further the educational, (d) For jade collection, preference will be given for applications proposing to 2 ...... 37.66641 ¥122.75105 natural, or historical value of the ¥ collect loose pieces of jade for research 3 ...... 37.61622 122.76937 Sanctuary; 4 ...... 37.57147 ¥122.80399 (3) Will further salvage or recovery or educational purposes. 5 ...... 37.52988 ¥122.85988 operations within or near the Sanctuary (e) The Director may consider such 6 ...... 37.50948 ¥122.90614 in connection with a recent air or other factors as he or she deems 7 ...... 37.49418 ¥123.00770 marine casualty; appropriate. 8 ...... 37.50819 ¥123.09617 ¥ (4) Will assist in managing the (f) Applications. 9 ...... 37.52001 123.12879 10 ...... 37.45304 ¥123.14009 Sanctuary; (1) Applications for permits should be 11 ...... 37.34316 ¥123.13170 (5) Will further salvage or recovery addressed to the Director, Office of 12 ...... 37.23062 ¥123.10431 operations in connection with an National Marine Sanctuaries; ATTN: 13 ...... 37.13021 ¥123.02864 abandoned shipwreck in the Sanctuary Superintendent, Monterey Bay National 14 ...... 37.06295 ¥122.91261 title to which is held by the State of Marine Sanctuary, 299 Foam Street, 15 ...... 37.03509 ¥122.77639 California; or Monterey, CA 93940. 16 ...... 36.92155 ¥122.80595 (6) Will allow the removal, without (2) In addition to the information 17 ...... 36.80632 ¥122.81564 ¥ the use of pneumatic, mechanical, listed in 15 CFR 922.48(b), all 18 ...... 36.69192 122.80539 19 ...... 36.57938 ¥122.77416 electrical, hydraulic or explosive tools, applications must include information 20 ...... 36.47338 ¥122.72568 of loose jade from the Jade Cove area the Director needs to make the findings 21 ...... 36.37242 ¥122.65789 under § 922.132(a)(1)(iv). in paragraph (b) of this section and 22 ...... 36.27887 ¥122.57410 (c) In deciding whether to issue a information to be considered by the 23 ...... 36.19571 ¥122.47699 permit, the Director shall consider such Director pursuant to paragraph (c) of 24 ...... 36.12414 ¥122.36527 factors as: this section. 25 ...... 36.06864 ¥122.24438 (1) Will the activity be conducted by (g) In addition to any other terms and 26 ...... 36.02451 ¥122.11672 27 ...... 35.99596 ¥121.98232 an applicant that is professionally conditions that the Director deems ¥ qualified to conduct and complete the 28 ...... 35.98309 121.84069 appropriate, a permit issued pursuant to 29 ...... 35.98157 ¥121.75634 activity; this section must require that the 30 ...... 35.92933 ¥121.71119 (2) Will the activity be conducted by permittee agree to hold the United 31 ...... 35.83773 ¥121.71922 an applicant with adequate financial States harmless against any claims 32 ...... 35.72063 ¥121.71216 resources available to conduct and arising out of the conduct of the 33 ...... 35.59497 ¥121.69030 complete the activity; permitted activities. 34 ...... 35.55327 ¥121.63048

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Point ID No. Latitude Longitude Point ID No. Latitude Longitude Point ID No. Latitude Longitude

35 ...... 35.55485 ¥121.09803 Monterey Harbor/Wharf II Dredge Disposal 4 ...... 36.94167 ¥122.03333 36 ...... 37.59437 ¥122.52082 Site 37 ...... 37.61367 ¥122.61673 (3) The approximately six [6.0] NM2 area 38 ...... 37.76694 ¥122.65011 1 ...... 36.60297 ¥121.88942 off of Moss Landing Harbor from harbor 39 ...... 37.81760 ¥122.53048 2 ...... 36.60283 ¥121.88787 launch ramps, through harbor entrance, and 3 ...... 36.60092 ¥121.88827 then along a 100 yard wide access route west Harbor Exclusions 4 ...... 36.60120 ¥121.88978 along a bearing of approximately 270° true (255° magnetic) due west to the eastern 40 ...... 37.49414 ¥122.48483 Appendix D to Subpart M of Part 922— boundary of Zone Three bounded by: 41 ...... 37.49540 ¥122.48576 ¥ Dredged Material Disposal Sites 42 ...... 36.96082 122.00175 Adjacent to the Monterey Bay National Point ID No. Latitude Longitude 43 ...... 36.96143 ¥122.00112 Marine Sanctuary 44 ...... 36.80684 ¥121.79145 1 ...... 36.83333 ¥121.82167 45 ...... 36.80133 ¥121.79047 [Coordinates in this appendix are 2 ...... 36.83333 ¥121.84667 46 ...... 36.60837 ¥121.88970 unprojected (Geographic Coordinate System) 3 ...... 36.77833 ¥121.84667 47 ...... 36.60580 ¥121.88965 and are calculated using the North American 4 ...... 36.77833 ¥121.81667 Datum of 1983] 5 (bell buoy) .. 36.79833 ¥121.80167 Appendix B to Subpart M of Part 922— As of January 1, 1993, the U.S. Army Corps 6 ...... 36.81500 ¥121.80333 Zones Within the Sanctuary Where of Engineers operates the following dredged Overflights Below 1000 Feet are material disposal site adjacent to the (4) The approximately five [5.0] NM2 area Sanctuary off of the Golden Gate: Prohibited off of Monterey Harbor from harbor launch ramps to the seaward end of the U.S. Coast The four zones are: Point ID No. Latitude Longitude Guard Pier, and then along a 100 yard wide (1) From mean high water out to three access route due north to the southern nautical miles (NM) between a line extending 1 ...... 37.76458 ¥122.56900 boundary of Zone Four bounded by: from Point Santa Cruz on a southwesterly 2 ...... 37.74963 ¥122.62281 heading bearing of 220° true and a line 3 ...... 37.74152 ¥122.61932 Point ID No. Latitude Longitude ¥ extending from 2.0 nmi north of Pescadero 4 ...... 37.75677 122.56482 ¥ Point on a southwesterly heading bearing of 5 ...... 37.76458 122.56900 1 ...... 36.64500 ¥121.92333 240° true; 2 ...... 36.61500 ¥121.87500 (2) From mean high water out to three nmi Appendix E to Subpart M of Part 922— 3 ...... 36.63833 ¥121.85500 between a line extending from the Carmel Motorized Personal Watercraft Zones 4 ...... 36.66667 ¥121.90667 River mouth on a westerly heading bearing and Access Routes Within the ° of 270 true and a line extending due west Sanctuary (5) The approximately one-tenth [0.10] along latitude 35.55488° off of Cambria; NM2 area near Pillar Point from Pillar Point (3) From mean high water and within a five [Coordinates in this appendix are Harbor entrance along a 100 yard wide access nmi arc drawn from a center point at the end unprojected (Geographic Coordinate System) route southeast along a true bearing of of Moss Landing Pier as it appeared on the and are calculated using the North American approximately 174° true (159° magnetic) to most current NOAA nautical charts as of Datum of 1983] the bell buoy (identified as ‘‘Buoy 3’’) at January 1, 1993; and The five zones and access routes are: 37.48154 N, 122.48156 W and then along a (4) Over the waters of Elkhorn Slough east (1) The approximately one [1.0] NM2 area 100 yard wide access route northwest along of the Highway One bridge to Elkhorn Road. off Pillar Point Harbor from harbor launch a true bearing of approximately 284° true ramps, through harbor entrance to the (269° magnetic) to the gong buoy (identified Appendix C to Subpart M of Part 922— northern boundary of Zone One: as ‘‘Buoy 1’’) at 37.48625 N, 122.50603 W, Dredged Material Disposal Sites Within the southwest boundary of Zone Five. Zone the Sanctuary Point ID No. Latitude Longitude Five exists only when a High Surf Warning has been issued by the National Weather [Coordinates in this appendix are 1 (flashing 5-sec- Service and is in effect for San Mateo County unprojected (Geographic Coordinate System) ond breakwater and only during December, January, and and are calculated using the North American entrance light February. Zone Five is bounded by: Datum of 1983] and horn lo- cated at the Point ID No. Latitude Longitude Point ID No. Latitude Longitude seaward end of the outer west 1 (gong buoy Santa Cruz Harbor/Twin Lakes Dredge breakwater) ..... 37.49395 ¥122.48477 identified as Disposal Site 2 (bell buoy) ...... 37.48167 ¥122.48333 ‘‘Buoy 1’’) .. 37.48625 ¥122.50603 ¥ ¥ 3 ...... 37.48000 122.46667 2 ...... 37.49305 ¥122.50603 1 ...... 36.9625 122.00056 ¥ ¥ 4 ...... 37.49333 122.46667 3 (sail rock) ... 37.49305 ¥122.50105 2 ...... 36.9625 121.99861 ¥ 3 ...... 36.96139 ¥121.99833 4 ...... 37.48625 122.50105 4 ...... 36.96139 ¥122.00083 (2) The approximately five [5.0] NM2 area off of Santa Cruz Small Craft Harbor from Appendix F to Subpart M of Part 922— SF–12 Dredge Disposal Site harbor launch ramps, through harbor Davidson Seamount Management Zone entrance, and then along a 100 yard wide 1 ...... 36.80207 ¥121.79207 access route southwest along a true bearing [Coordinates in this appendix are ° ° 2 ...... 36.80157 ¥121.79218 of approximately 196 true (180 magnetic) to unprojected (Geographic Coordinate System) 3 ...... 36.80172 ¥121.79325 the whistle buoy at 36.93833N, 122.01000 W. and are calculated using the North American 4 ...... 36.80243 ¥121.79295 Zone Two is bounded by: Datum of 1983]

SF–14 Dredge Disposal Site Point ID No. Latitude Longitude Point ID No. Latitude Longitude (circle with 500 yard radius) 1 ...... 36.91667 ¥122.03333 1 ...... 35.90000 ¥123.00000 1 ...... 36.79799 ¥121.81907 2 ...... 36.91667 ¥121.96667 2 ...... 35.90000 ¥122.50000 3 ...... 36.94167 ¥121.96667 3 ...... 35.50000 ¥122.50000

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Point ID No. Latitude Longitude

4 ...... 35.50000 ¥123.00000

[FR Doc. E8–27220 Filed 11–19–08; 8:45 am] BILLING CODE 3510–22–P

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