26 SEP 2021 U.S. Coast Pilot 6, Chapter 2 ¢ 35 Navigation Regulations (1) This chapter contains extracts from Code of Federal (6) Food and Drug Administration–21 CFR 1250 Regulations (CFR) that are of importance to mariners (7) United States Coast Guard–33 CFR 26, 81, 82, in the area covered by this Coast Pilot. Sections of little 88, 89, 90, 110, 117, 151, 160, 161, 162, 164 and 165; 46 value to the mariner are sometimes omitted. Omitted CFR 401 sections are signified by the following [...] (8) United States Army Corps of Engineers–33 CFR (2) Extracts from the following titles are contained in 207 and 334 this chapter. (9) Saint Lawrence Seaway Development (3) Corporation–33 CFR 401 Title 15: Commerce and Foreign Trade (10) National Park Service–36 CFR 7 Part 922—National Marine Sanctuary Program Regulations (11) Environmental Protection Agency–40 CFR 140 Title 21: Food and Drugs (12) Federal Communications Commission–47 CFR Part 1250—Interstate Conveyance Sanitation 80 Title 33: Navigation and Navigable Waters Part 26—Vessel Bridge-to-Bridge Radiotelephone Regulations (13) Part 81—72 COLREGS: Implementing Rules TITLE 15–COMMERCE AND FOREIGN TRADE Part 82—72 COLREGS: Interpretive Rules Part 88—Annex V: Pilot Rules Part 89—Inland Navigation Rules: Implementing Rules (14) Part 90—Inland Rules: Interpretive Rules Part 922–National Marine Sanctuary Program Part 110—Anchorage Regulations Regulations Part 117—Drawbridge Operation Regulations Part 151—Vessels Carrying Oil, Noxious Liquid Substances, Garbage, Municipal or Commercial Waste, and Ballast Water (15) Part 160—Ports and Waterways Safety-General Subpart A–General Part 161—Vessel Traffic Management Part 162—Inland Waterways Navigation Regulations (16) Part 164—Navigation Safety Regulations (in part) §922.1 Applicability of regulations. Part 165—Regulated Navigation Areas and Limited Access Areas (17) Unless noted otherwise, the regulations in subparts Part 207—Navigation Regulations A, D, and E of this part apply to all National Marine Part 334—Danger Zones and Restricted Area Regulations Sanctuaries and related site-specific regulations set forth Part 401—Seaway Regulations and Rules (source identified only) in this part. Subparts B and C of this part apply to the Title 36: Parks, Forests and Public Property sanctuary nomination process and to the designation of Part 7—Special Regulations, Areas of the National Park System future Sanctuaries. Title 40: Protection of Environment Part 140—Marine Sanitation Device Standard (18) Title 46: Shipping §922.2 Mission, goals, and special policies. Part 401—Great Lakes Pilotage Regulations (19) (a) In accordance with the standards set forth in title Title 47: Telecommunication III of the Marine Protection, Research, and Sanctuaries Act Part 80—Stations in the Maritime Service of 1972, as amended, also known as the National Marine Sanctuaries Act (Act) the mission of the National Marine (4) These regulations can only be amended by the Sanctuary program (Program) is to identify, designate enforcing agency or other authority cited in the regulations. and manage areas of the marine environment of special Accordingly, requests for changes to these regulations national, and in some cases international, significance due should be directed to the appropriate agency for action. to their conservation, recreational, ecological, historical, In those regulations where the enforcing agency is not research, educational, or aesthetic qualities. cited or is unclear, recommendations for changes should (20) (b) The goals of the Program are to carry out the be directed to the following Federal agencies for action: mission to: (5) National Oceanic and Atmospheric (21) (1) Identify and designate as National Marine Administration–15 CFR 922 Sanctuaries areas of the marine environment which are of special national significance; 36 ¢ U.S. Coast Pilot 6, Chapter 2 26 SEP 2021 (22) (2) Provide authority for comprehensive and protection and preservation planning policy extended coordinated conservation and management of these to historical resources on land shall be extended, to the marine areas, and activities affecting them, in a manner extent practicable, to historical resources in the marine which complements existing regulatory authorities; environment within the boundaries of designated National (23) (3) Support, promote, and coordinate scientific Marine Sanctuaries. The management of historical research on, and monitoring of, the resources of these resources under the authority of the Act shall be consistent, marine areas, especially long-term monitoring and to the extent practicable, with the Federal archeological research of these areas; program by consulting the Uniform Regulations, ARPA (24) (4) Enhance public awareness, understanding, (43 CFR part 7) and other relevant Federal regulations. appreciation, and wise use of the marine environment; The Secretary of the Interior’s Standards and Guidelines (25) (5) Facilitate to the extent compatible with the for Archeology may also be consulted for guidance. primary objective of resource protection, all public and These guidelines are available from the Office of Ocean private uses of the resources of these marine areas not and Coastal Management at (301) 713–3125. prohibited pursuant to other authorities; (35) (26) (6) Develop and implement coordinated plans for §922.3 Definitions. the protection and management of these areas with (36) Act means title III of the Marine Protection, Research, appropriate Federal agencies, State and local governments, and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 Native American tribes and organizations, international et seq., also known as the National Marine Sanctuaries organizations, and other public and private interests Act. concerned with the continuing health and resilience of (37) Assistant Administrator means the Assistant these marine areas; Administrator for Ocean Services and Coastal Zone (27) (7) Create models of, and incentives for, ways to Management, National Oceanic and Atmospheric conserve and manage these areas; Administration (NOAA), or designee. (28) (8) Cooperate with global programs encouraging (38) Benthic community means the assemblage of conservation of marine resources; and organisms, substrate, and structural formations found at (29) (9) Maintain, restore, and enhance living resources or near the bottom that is periodically or permanently by providing places for species that depend upon these covered by water. marine areas to survive and propagate. (39) Commercial fishing means any activity that results (30) (c) To the extent consistent with the policies set forth in the sale or trade for intended profit of fish, shellfish, in the Act, in carrying out the Program’s mission and algae, or corals. goals: (40) Conventional hook and line gear means any fishing (31) (1) Particular attention will be given to the apparatus operated aboard a vessel and composed of a establishment and management of marine areas as single line terminated by a combination of sinkers and National Marine Sanctuaries for the protection of the hooks or lures and spooled upon a reel that may be hand area’s natural resource and ecosystem values; particularly or electrically operated, hand-held or mounted. This term for ecologically or economically important or threatened does not include bottom longlines. species or species assemblages, and for offshore areas (41) Cultural resources means any historical or cultural where there are no existing special area protection feature, including archaeological sites, historic structures, mechanisms; shipwrecks, and artifacts. (32) (2) The size of a National Marine Sanctuary, while (42) Director means, except where otherwise specified, highly dependent on the nature of the site’s resources, the Director of the Office of Ocean and Coastal Resource will be no larger than necessary to ensure effective Management, NOAA, or designee. management; (43) Exclusive economic zone means the exclusive (33) (d) Management efforts will be coordinated to the economic zone as defined in the Magnuson Fishery extent practicable with other countries managing marine Conservation and Management Act, 16 U.S. 1801 et seq. protected areas; (44) Fish wastes means waste materials resulting from (34) (e) Program regulations, policies, standards, commercial fish processing operations. guidelines, and procedures under the Act concerning (45) Historical resource means any resource possessing the identification, evaluation, registration, and treatment historical, cultural, archaeological or paleontological of historical resources shall be consistent, to the extent significance, including sites, structures, districts, and practicable, with the declared national policy for the objects significantly associated with or representative of protection and preservation of these resources as stated earlier people, cultures, maritime heritage, and human in the National Historic Preservation Act of 1966, 16 activities and events. Historical resources include U.S.C. 470 et seq., the Archeological and Historical “submerged cultural resources”, and also include Preservation Act of 1974, 16 U.S.C. 469 et seq., and the “historical properties”, as defined in the National Historic Archeological Resources Protection Act of 1979 (ARPA), Preservation Act, as amended. 16 U.S.C. 470aa et seq. The same degree of regulatory 26 SEP 2021 U.S. Coast Pilot 6, Chapter 2 ¢ 37 (46) Indian tribe means any American Indian tribe, band, Wisconsin Shipwreck Coast National Marine Sanctuary, group,