95 Part 922—National Marine Sanctuary Program Regula

Nat’l Oceanic and Atmospheric Adm., Commerce Pt. 922

land either from a surface and/or subsurface B. pH Regime: This is indicative of the min- source. eral richness of estuarine waters and falls 1. Surface water: This is water flowing over into three main categories: the ground in the form of streams. Local var- 1. Acid: Waters with a pH of less than 5.5. iation in runoff is dependent upon the nature 2. Circumneutral: A condition where the of the soil (porosity and solubility), degree of pH ranges from 5.5 to 7.4. surface slope, vegetational type and develop- 3. Alkaline: Waters with a pH greater than ment, local climatic conditions, and volume 7.4. and intensity of precipitation. 2. Subsurface water: This refers to the precipitation that has been absorbed by the soil PART 922—NATIONAL MARINE and stored below the surface. The distribu- SANCTUARY PROGRAM REGULA- tion of subsurface water depends on local cli- TIONS mate, topography, and the porosity and per- meability of the underlying soils and rocks. Subpart A—General There are two main subtypes of surface water: Sec. a. Vadose water: This is water in the soil 922.1 Applicability of regulations. above the water table. Its volume with re- 922.2 Mission, goals, and special policies. spect to the soil is subject to considerable 922.3 Definitions. fluctuation. 922.4 Effect of National Marine Sanctuary b. Groundwater: This is water contained in designation. the rocks below the water table, is usually of more uniform volume than vadose water, and Subpart B—Site Evaluation List (SEL) generally follows the topographic relief of the land being high hills and sloping into 922.10 General. valleys. Subpart C—Designation of National Marine GROUP III—CHEMICAL Sanctuaries A. Salinity. This reflects a complex mixture of salts, the most abundant being sodium 922.20 Standards and procedures for designa- chloride, and is a very critical factor in the tion. distribution and maintenance of many estua- 922.21 Selection of active candidates. rine organisms. Based on salinity, there are 922.22 Development of designation mate- two basic estuarine types and eight different rials. salinity zones (expressed in parts per thou- 922.23 Coordination with States and other sand-ppt.) Federal agencies. 1. Positive estuary: This is an estuary in 922.24 Congressional documents. which the freshwater influx is sufficient to 922.25 Designation determination and find- maintain mixing, resulting in a pattern of ings. increasing salinity toward the estuary mouth. It is characterized by low oxygen Subpart D—Management Plan concentration in the deeper waters and con- Development and Implementation siderable organic content in bottom sediments. 922.30 General. 2. Negative estuary: This is found in par- 922.31 Promotion and coordination of Sanc- ticularly arid regions, where estuary evapo- tuary use. ration may exceed freshwater inflow, resulting in increased salinity in the upper part of Subpart E—Regulations of General the basin, especially if the estuary mouth is Applicability restricted so that tidal flow is inhibited. These are typically very salty (hyperhaline), 922.40 Purpose. moderately oxygenated at depth, and possess 922.41 Boundaries. bottom sediments that are poor in organic 922.42 Allowed activities. content. 922.43 Prohibited or otherwise regulated ac- 3. Salinity zones (expressed in ppt): tivities. a. Hyperhaline—greater than 40 ppt. 922.44 Emergency regulations. b. Euhaline—40 ppt to 30 ppt. 922.45 Penalties. c. Mixhaline—30 ppt to 0.5 ppt. 922.46 Response costs and damages. (1) Mixoeuhaline—greater than 30 ppt but 922.47 Pre-existing authorizations or rights less than the adjacent euhaline sea. and certifications of pre-existing author- (2) Polyhaline—30 ppt to 18 ppt. izations or rights. (3) Mesohaline—18 ppt to 5 ppt. 922.48 National Marine Sanctuary permits— (4) Oligohaline—5 ppt to 0.5 ppt. application procedures and issuance cri- d. Limnetic: Less than 0.5 ppt. teria.

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922.49 Notification and review of applica- REEF NATIONAL MARINE SANCTUARY RE- tions for leases, licenses, permits, ap- SEARCH AREA provals, or other authorizations to conduct a prohibited activity. Subpart J—National Marine Sanctuary of 922.50 Appeals of administrative action. American Samoa Subpart F—Monitor National Marine 922.100 Scope of regulations. Sanctuary 922.101 Boundary. 922.102 Definitions. 922.60 Boundary. 922.103 Prohibited or otherwise regulated 922.61 Prohibited or otherwise regulated ac- activities—Sanctuary-wide. tivities. 922.104 Prohibited or otherwise regulated 922.62 Permit procedures and criteria. activities—Sanctuary-wide except in the Mulia¯ va Unit. Subpart G—Channel Islands National 922.105 Prohibited or otherwise regulated Marine Sanctuary activities—Unit-specific. 922.106 Management and enforcement. 922.70 Boundary. 922.107 Permit procedures and criteria. 922.71 Definitions. APPENDIX TO SUBPART J OF PART 922—AMER- 922.72 Prohibited or otherwise regulated ac- ICAN SAMOA NATIONAL MARINE SANC- tivities—Sanctuary-wide. TUARY BOUNDARY COORDINATES 922.73 Additional prohibited or otherwise regulated activities—marine reserves Subpart K—Cordell Bank National Marine and marine conservation area. Sanctuary 922.74 Permit procedures and issuance criteria. 922.110 Boundary. APPENDIX A TO SUBPART G OF PART 922— 922.111 Definitions. CHANNEL ISLANDS NATIONAL MARINE 922.112 Prohibited or otherwise regulated SANCTUARY BOUNDARY COORDINATES activities. APPENDIX B TO SUBPART G OF PART 922—MA- 922.113 Permit procedures and issuance cri- RINE RESERVE BOUNDARIES teria. APPENDIX C TO SUBPART G OF PART 922—MA- APPENDIX A TO SUBPART K OF PART 922— RINE CONSERVATION AREA BOUNDARY CORDELL BANK NATIONAL MARINE SANC- TUARY BOUNDARY COORDINATES Subpart H—Gulf of the Farallones National APPENDIX B TO SUBPART K OF PART 922—LINE Marine Sanctuary REPRESENTING THE 50-FATHOM ISOBATH SURROUNDING CORDELL BANK 922.80 Boundary. 922.81 Definitions. Subpart L—Flower Garden Banks National 922.82 Prohibited or otherwise regulated ac- Marine Sanctuary tivities. 922.83 Permit procedures and issuance cri- 922.120 Boundary. teria. 922.121 Definitions. 922.84 Certification of other permits. 922.122 Prohibited or otherwise regulated APPENDIX A TO SUBPART H OF PART 922— activities. GULF OF THE FARALLONES NATIONAL MA- 922.123 Permit procedures and criteria. RINE SANCTUARY BOUNDARY COORDINATES APPENDIX A TO SUBPART L OF PART 922— APPENDIX B TO SUBPART H OF PART 922—2 NMI FLOWER GARDEN BANKS NATIONAL MARINE FROM THE FARALLON ISLANDS BOUNDARY SANCTUARY BOUNDARY COORDINATES COORDINATES APPENDIX B TO SUBPART L OF PART 922—CO- APPENDIX C TO SUBPART H OF PART 922—NO- ORDINATES FOR THE DEPARTMENT OF THE ANCHORING SEAGRASS PROTECTION ZONES INTERIOR TOPOGRAPHIC LEASE STIPULA- IN TOMALES BAY TIONS FOR OCS LEASE SALE 171

Subpart I—Gray’s Reef National Marine Subpart M—Monterey Bay National Marine Sanctuary Sanctuary 922.90 Boundary. 922.130 Boundary. 922.91 Definitions. 922.131 Definitions. 922.92 Prohibited or otherwise regulated ac- 922.132 Prohibited or otherwise regulated tivities—Sanctuary-wide. activities. 922.93 Permit procedures and criteria. 922.133 Permit procedures and criteria. 922.94 Prohibited or otherwise regulated ac- 922.134 Notification and review. tivities—Research area. APPENDIX A TO SUBPART M OF PART 922— APPENDIX A TO SUBPART I OF PART 922— MONTEREY BAY NATIONAL MARINE SANC- BOUNDARY COORDINATES FOR THE GRAY’S TUARY BOUNDARY COORDINATES

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APPENDIX B TO SUBPART M OF PART 922— APPENDIX II TO SUBPART P OF PART 922—EX- ZONES WITHIN THE SANCTUARY WHERE ISTING MANAGEMENT AREAS BOUNDARY OVERFLIGHTS BELOW 1000 FEET ARE PRO- COORDINATES HIBITED APPENDIX III TO SUBPART P OF PART 922— APPENDIX C TO SUBPART M OF PART 922— WILDLIFE MANAGEMENT AREAS ACCESS DREDGED MATERIAL DISPOSAL SITES RESTRICTIONS WITHIN THE SANCTUARY APPENDIX IV TO SUBPART P OF PART 922—EC- APPENDIX D TO SUBPART M OF PART 922— OLOGICAL RESERVES BOUNDARY COORDI- DREDGED MATERIAL DISPOSAL SITES AD- NATES JACENT TO THE MONTEREY BAY NATIONAL APPENDIX V TO SUBPART P OF PART 922— MARINE SANCTUARY SANCTUARY PRESERVATION AREAS BOUND- APPENDIX E TO SUBPART M OF PART 922—MO- ARY COORDINATES TORIZED PERSONAL WATERCRAFT ZONES APPENDIX VI TO SUBPART P OF PART 922— AND ACCESS ROUTES WITHIN THE SANC- SPECIAL-USE AREAS BOUNDARY COORDI- TUARY NATES AND USE DESIGNATIONS APPENDIX F TO SUBPART M OF PART 922—DA- APPENDIX VII TO SUBPART P OF PART 922— VIDSON SEAMOUNT MANAGEMENT ZONE AREAS TO BE AVOIDED BOUNDARY COORDI- NATES Subpart N—Stellwagen Bank National Marine Sanctuary Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary 922.140 Boundary. 922.141 Definitions. 922.180 Purpose. 922.142 Prohibited or otherwise regulated 922.181 Boundary. activities. 922.182 Definitions. 922.183 Allowed activities. 922.143 Permit procedures and criteria. 922.184 Prohibited activities. APPENDIX A TO SUBPART N OF PART 922— 922.185 Emergency regulations. STELLWAGEN BANK NATIONAL MARINE 922.186 Penalties; appeals. SANCTUARY BOUNDARY COORDINATES 922.187 Interagency cooperation. APPENDIX A TO SUBPART Q TO PART 922—HA- Subpart O—Olympic Coast National WAIIAN ISLANDS HUMPBACK WHALE NA- Marine Sanctuary TIONAL MARINE SANCTUARY BOUNDARY DESCRIPTION AND COORDINATES OF THE 922.150 Boundary. LATERAL BOUNDARY CLOSURES AND EX- 922.151 Definitions. CLUDED AREAS 922.152 Prohibited or otherwise regulated activities. Subpart R—Thunder Bay National Marine 922.153 Permit procedures and criteria. Sanctuary and Underwater Preserve 922.154 Consultation with the State of Washington, affected Indian tribes, and 922.190 Boundary. adjacent county governments. 922.191 Definitions. APPENDIX A TO SUBPART O OF PART 922— 922.192 Joint Management Committee. OLYMPIC COAST NATIONAL MARINE SANC- 922.193 Prohibited or otherwise regulated TUARY BOUNDARY COORDINATES activities. 922.194 Certification of preexisting leases, Subpart P—Florida Keys National Marine licenses, permits, approvals, other au- Sanctuary thorizations, or rights to conduct a prohibited activity. 922.160 Purpose. 922.195 Permit procedures and criteria. 922.161 Boundary. 922.196 Emergency regulations. 922.162 Definitions. 922.197 Consultation with affected federally- 922.163 Prohibited activities—Sanctuary- recognized Indian tribes. wide. 922.198 Procedures for determining 922.164 Additional activity regulations by watercraft and related items which sink Sanctuary area. on or after the date of Sanctuary des- 922.165 Emergency regulations. ignation to be an underwater cultural re- 922.166 Permits other than for access to the source. Tortugas Ecological Reserve—applica- APPENDIX A TO SUBPART R OF PART 922— tion procedures and issuance criteria. THUNDER BAY NATIONAL MARINE SANC- 922.167 Permits for access to the Tortugas TUARY AND UNDERWATER PRESERVE Ecological Reserve. BOUNDARY COORDINATES 922.168 [Reserved] APPENDIX B TO SUBPART R OF PART 922— MINOR PROJECTS FOR PURPOSES OF APPENDIX I TO SUBPART P OF PART 922— § 922.193(A)(2)(III) FLORIDA KEYS NATIONAL MARINE SANC- TUARY BOUNDARY COORDINATES AUTHORITY: 16 U.S.C. 1431 et seq.

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SOURCE: 60 FR 66877, Dec. 27, 1995, unless rine areas not prohibited pursuant to otherwise noted. other authorities; EDITORIAL NOTE: Nomenclature changes to (6) Develop and implement coordi- part 922 appear at 62 FR 3789, Jan. 27, 1997 nated plans for the protection and and at 62 FR 67724, Dec. 30, 1997. management of these areas with appropriate Federal agencies, State and Subpart A—General local governments, Native American tribes and organizations, international § 922.1 Applicability of regulations. organizations, and other public and pri- Unless noted otherwise, the regula- vate interests concerned with the con- tions in Subparts A, D and E apply to tinuing health and resilience of these all thirteen National Marine Sanc- marine areas; tuaries for which site-specific regula- (7) Create models of, and incentives tions appear in Subparts F through R, for, ways to conserve and manage these respectively. Subparts B and C apply to areas; the site evaluation list and to the des- (8) Cooperate with global programs ignation of future Sanctuaries. encouraging conservation of marine re- [65 FR 39055, June 22, 2000] sources; and (9) Maintain, restore, and enhance § 922.2 Mission, goals, and special poli- living resources by providing places for cies. species that depend upon these marine (a) In accordance with the standards areas to survive and propagate. set forth in title III of the Marine Pro- (c) To the extent consistent with the tection, Research, and Sanctuaries Act policies set forth in the Act, in car- of 1972, as amended, also known as the rying out the Program’s mission and National Marine Sanctuaries Act (Act) goals: the mission of the National Marine (1) Particular attention will be given Sanctuary program (Program) is to to the establishment and management identify, designate and manage areas of of marine areas as National Marine the marine environment of special na- Sanctuaries for the protection of the tional, and in some cases international, area’s natural resource and ecosystem significance due to their conservation, values; particularly for ecologically or recreational, ecological, historical, re- economically important or threatened search, educational, or aesthetic quali- species or species assemblages, and for ties. offshore areas where there are no exist- (b) The goals of the Program are to ing special area protection mecha- carry out the mission to: nisms; (1) Identify and designate as National Marine Sanctuaries areas of the marine (2) The size of a National Marine environment which are of special na- Sanctuary, while highly dependent on tional significance; the nature of the site’s resources, will (2) Provide authority for comprehen- be no larger than necessary to ensure sive and coordinated conservation and effective management; management of these marine areas, (d) Management efforts will be co- and activities affecting them, in a ordinated to the extent practicable manner which complements existing with other countries managing marine regulatory authorities; protected areas; (3) Support, promote, and coordinate (e) Program regulations, policies, scientific research on, and monitoring standards, guidelines, and procedures of, the resources of these marine areas, under the Act concerning the identi- especially long-term monitoring and fication, evaluation, registration, and research of these areas; treatment of historical resources shall (4) Enhance public awareness, under- be consistent, to the extent prac- standing, appreciation, and wise use of ticable, with the declared national pol- the marine environment; icy for the protection and preservation (5) Facilitate to the extent compat- of these resources as stated in the Na- ible with the primary objective of re- tional Historic Preservation Act of source protection, all public and pri- 1966, 16 U.S.C. 470 et seq., the Archeo- vate uses of the resources of these ma- logical and Historical Preservation Act

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of 1974, 16 U.S.C. 469 et seq., and the Ar- Cultural resources means any histor- cheological Resources Protection Act ical or cultural feature, including ar- of 1979 (ARPA), 16 U.S.C. 470aa et seq. chaeological sites, historic structures, The same degree of regulatory protec- shipwrecks, and artifacts. tion and preservation planning policy Director means, except where other- extended to historical resources on wise specified, the Director of the Of- land shall be extended, to the extent fice of Ocean and Coastal Resource practicable, to historical resources in Management, NOAA, or designee. the marine environment within the Exclusive economic zone means the ex- boundaries of designated National Ma- clusive economic zone as defined in the rine Sanctuaries. The management of Magnuson Fishery Conservation and historical resources under the authority of the Act shall be consistent, to Management Act, 16 U.S. 1801 et seq. the extent practicable, with the Fed- Fish wastes means waste materials re- eral archeological program by consulting from commercial fish proc- sulting the Uniform Regulations, essing operations. ARPA (43 CFR part 7) and other rel- Historical resource means any resource evant Federal regulations. The Sec- possessing historical, cultural, archae- retary of the Interior’s Standards and ological or paleontological signifi- Guidelines for Archeology may also be cance, including sites, contextual in- consulted for guidance. These guide- formation, structures, districts, and lines are available from the Office of objects significantly associated with or Ocean and Coastal Management at (301) representative of earlier people, cul- 713–3125. tures, maritime heritage, and human activities and events. Historical re- § 922.3 Definitions. sources include ‘‘submerged cultural Act means title III of the Marine Pro- resources’’, and also include ‘‘historical tection, Research, and Sanctuaries Act properties,’’ as defined in the National of 1972, as amended, 16 U.S.C. 1431 et Historic Preservation Act, as amended, seq., also known as the National Ma- and its implementing regulations, as rine Sanctuaries Act. amended. Active Candidate means a site selected Indian tribe means any American In- by the Secretary from the Site Evalua- dian tribe, band, group, or community tion List for further consideration for possible designation as a National Ma- recognized as such by the Secretary of rine Sanctuary. the Interior. Assistant Administrator means the As- Injure means to change adversely, ei- sistant Administrator for Ocean Serv- ther in the short or long term, a chem- ices and Coastal Zone Management, ical, biological or physical attribute of, National Oceanic and Atmospheric Ad- or the viability of. This includes, but is ministration (NOAA), or designee. not limited to, to cause the loss of or Benthic community means the assem- destroy. blage of organisms, substrate, and Lightering means at-sea transfer of structural formations found at or near petroleum-based products, materials, the bottom that is periodically or per- or other matter from vessel to vessel. manently covered by water. Marine means those areas of coastal Commercial fishing means any activity and ocean waters, the Great Lakes and that results in the sale or trade for in- their connecting waters, and sub- tended profit of fish, shellfish, algae, or merged lands over which the United corals. States exercises jurisdiction, including Conventional hook and line gear means the exclusive economic zone, con- any fishing apparatus operated aboard sistent with international law. a vessel and composed of a single line terminated by a combination of sinkers Mineral means clay, stone, sand, and hooks or lures and spooled upon a gravel, metalliferous ore, non-metallif- reel that may be hind- or electrically erous ore, or any other solid material operated, hand-held or mounted. This or other matter of commercial value. term does not include bottom longlines.

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National historic landmark means a Site Evaluation List (SEL) means a district, site, building, structure or ob- list of selected natural and historical ject designated as such by the Sec- resource sites selected by the Sec- retary of the Interior under the Na- retary as qualifying for further evalua- tional Historic Landmarks Program (36 tion for possible designation as Na- CFR part 65). tional Marine Sanctuaries. National Marine Sanctuary means an State means each of the several area of the marine environment of spe- States, the District of Columbia, the cial national significance due to its re- Commonwealth of Puerto Rico, the source or human-use values, which is Commonwealth of the Northern Mar- designated as such to ensure its con- iana Islands, American Samoa, the servation and management. United States Virgin Islands, Guam, Person means any private individual, and any other commonwealth, terri- partnership, corporation or other enti- tory, or possession of the United ty; or any officer, employee, agent, de- States. partment, agency or instrumentality of Subsistence use means the customary the Federal government, of any State and traditional use by rural residents or local unit of government, or of any of areas near or in the marine environ- foreign government. ment for direct personal or family con- Regional Fishery Management Council sumption as food, shelter, fuel, cloth- means any fishery council established ing, tools, or transportation; for the under section 302 of the Magnuson making and selling of handicraft arti- Fishery Conservation and Management cles; and for barter, if for food or non- Act, 16 U.S.C. 1801 et seq. edible items other than money, if the Sanctuary quality means any of those exchange is of a limited and non-com- ambient conditions, physical-chemical mercial nature. characteristics and natural processes, Take or taking means: (1) For any ma- the maintenance of which is essential rine mammal, sea turtle, or seabird to the ecological health of the Sanc- listed as either endangered or threat- tuary, including, but not limited to, ened pursuant to the Endangered Spe- water quality, sediment quality and air cies Act, to harass, harm, pursue, hunt, quality. shoot, wound, kill, trap, capture, col- Sanctuary resource means any living lect or injure, or to attempt to engage or non-living resource of a National in any such conduct; (2) For any other Marine Sanctuary that contributes to marine mammal, sea turtle, or seabird, the conservation, recreational, ecologi- to harass, hunt, capture, kill, collect or cal, historical, research, educational, injure, or to attempt to engage in any or aesthetic value of the Sanctuary, in- such conduct. For the purposes of both cluding, but not limited to, the sub- (1) and (2) of this definition, this in- stratum of the area of the Sanctuary, cludes, but is not limited to, to collect other submerged features and the sur- any dead or injured marine mammal, rounding seabed, carbonate rock, cor- sea turtle or seabird, or any part there- als and other bottom formations, of; to restrain or detain any marine coralline algae and other marine plants mammal, sea turtle or seabird, or any and algae, marine invertebrates, brine- part thereof, no matter how tempo- seep biota, phytoplankton, rarily; to tag any sea turtle, marine zooplankton, fish, seabirds, sea turtles mammal or seabird; to operate a vessel and other marine reptiles, marine or aircraft or to do any other act that mammals and historical resources. For results in the disturbance or molesta- Thunder Bay National Marine Sanc- tion of any marine mammal, sea turtle tuary and Underwater Preserve, Sanc- or seabird. tuary resource means an underwater Tropical fish means fish or minimal cultural resource as defined at § 922.191. sport and food value, usually brightly Secretary means the Secretary of the colored, often used for aquaria pur- United States Department of Com- poses and which lives in a direct rela- merce, or designee. tionship with live bottom commu- Shunt means to discharge expended nities. drilling cuttings and fluids near the Vessel means a watercraft of any de- ocean seafloor. scription capable of being used as a

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means of transportation in/on the (d) Placement of a site on the SEL, waters of a Sanctuary. or selection of a site from the SEL as an active candidate for designation as [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, provided for in § 922.21, by itself shall 2000] not subject the site to any regulatory control under the Act. Such controls § 922.4 Effect of National Marine Sanc- may only be imposed after designation. tuary designation. The designation of a National Marine Subpart C—Designation of Sanctuary, and the regulations imple- National Marine Sanctuaries menting it, are binding on any person subject to the jurisdiction of the § 922.20 Standards and procedures for United States. Designation does not designation. constitute any claim to territorial ju- In designating a National Marine risdiction on the part of the United Sanctuary, the Secretary shall apply States for designated sites beyond the the standards and procedures set forth U.S. territorial sea, and the regula- in section 303 and section 304 of the tions implementing the designation Act. shall be applied in accordance with generally recognized principles of § 922.21 Selection of active candidates. international law, and in accordance (a) The Secretary shall, from time to with treaties, conventions, and other time, select a limited number of sites agreements to which the United States from the SEL for Active Candidate is a party. No regulation shall apply to consideration based on a preliminary a person who is not a citizen, national, assessment of the designation stand- or resident alien of the United States, ards set forth in section 303 of the Act. unless in accordance with: (b) Selection of a site as an Active (a) Generally recognized principles of Candidate shall begin the formal Sanc- international law; tuary designation-evaluation process. (b) An agreement between the United A notice of intent to prepare a draft States and the foreign state of which environmental impact statement shall the person is a citizen; or be published in the FEDERAL REGISTER (c) An agreement between the United and in newspapers in the area(s) of States and the flag state of the foreign local concern. A brief written analysis vessel, if the person is a crew member describing the site shall be provided. of the vessel. The Secretary, at any time, may drop a site from consideration if the Sec- retary determines that the site does Subpart B—Site Evaluation List not meet the designation standards and (SEL) criteria set forth in the Act.

§ 922.10 General. § 922.22 Development of designation (a) The Site Evaluation List (SEL) materials. was established as a comprehensive list (a) In designating a National Marine of marine sites with high natural re- Sanctuary, the Secretary shall prepare source values and with historical quali- the designation materials described in ties of special national significance section 304 of the Act. that are highly qualified for further (b) If a proposed Sanctuary includes evaluation for possible designation as waters within the exclusive economic National Marine Sanctuaries. zone, the Secretary shall notify the ap- (b) The SEL is currently inactive. propriate Regional Fishery Manage- Criteria for inclusion of marine sites ment Council(s) which shall have one on a revised SEL will be issued, with hundred and twenty (120) days from the public notice and opportunity to com- date of such notification to make rec- ment, when the Director determines ommendations and, if appropriate, pre- that the SEL should be reactivated. pare draft fishery regulations and to (c) Only sites on the SEL may be con- submit them to the Secretary. In pre- sidered for subsequent review as active paring its recommendations and draft candidates for designation. regulations, the Council(s) shall use as

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guidance the national standards of sec- under the jurisdiction of one or more tion 301(a) of the Magnuson Act (16 other Federal agencies in consultation U.S.C. 1851) to the extent that they are with those agencies. consistent and compatible with the goals and objectives of the proposed § 922.24 Congressional documents. Sanctuary designation. Fishery activi- In designating a National Marine ties not proposed for regulation under Sanctuary, the Secretary shall prepare section 304(a)(5) of the Act may be list- and submit to Congress those docu- ed in the draft Sanctuary designation ments described in section 304 of the document as potentially subject to reg- Act. ulation, without following the procedures specified in section 304(a)(5) of § 922.25 Designation determination the Act. If the Secretary subsequently and findings. determines that regulation of any such (a) In designating a National Marine fishery activity is necessary, then the Sanctuary, the Secretary shall prepare procedures specified in section 304(a)(5) a written Designation Determination of the Act shall be followed. and Findings which shall include those findings and determinations described § 922.23 Coordination with States and in section 303 of the Act. other Federal agencies. (b) In addition to those factors set (a) The Secretary shall consult and forth in section 303 of the Act, the Sec- cooperate with affected States retary, when making a designation de- throughout the National Marine Sanc- termination, shall consider the Pro- tuary designation process. In par- gram’s fiscal capability to manage the ticular the Secretary shall: area as a National Marine Sanctuary. (1) Consult with the relevant State officials prior to selecting any site on Subpart D—Management Plan the SEL as an Active Candidate pursu- Development and Implemen- ant to § 922.21, especially concerning tation the relationship of any site to State waters and the consistency of the pro- § 922.30 General. posed designation with a federally ap- (a) The Secretary shall implement proved State coastal zone management each management plan, and applicable program. For the purposes of a consist- regulations, including carrying out ency review by States with federally surveillance and enforcement activities approved coastal zone management and conducting such research, moni- programs, designation of a National toring, evaluation, and education pro- Marine Sanctuary is deemed to be a grams as are necessary and reasonable Federal activity, which, if affecting the to carry out the purposes and policies State’s coastal zone, must be under- of the Act. taken in a manner consistent to the (b) Consistent with Sanctuary man- maximum extent practicable with the agement plans, the Secretary shall de- approved State coastal zone program velop and implement site-specific con- as provided by section 307(c)(1) of the tingency and emergency-response plans Coastal Zone Management Act of 1972, designed to protect Sanctuary re- as amended, and implementing regula- sources. The plans shall contain alert tions at 15 CFR part 930, subpart. procedures and actions to be taken in (2) Ensure that relevant State agen- the event of an emergency such as a cies are consulted prior to holding any shipwreck or an oil spill. public hearings pursuant to section 304(a)(3) of the Act. § 922.31 Promotion and coordination (3) Provide the Governor(s) of any of Sanctuary use. State(s) in which a proposed Sanctuary The Secretary shall take such action would be located an opportunity to cer- as is necessary and reasonable to pro- tify the designation or any of its terms mote and coordinate the use of Na- as unacceptable as specified in section tional Marine Sanctuaries for research, 304(b)(1) of the Act. monitoring, and education purposes. (b) The Secretary shall develop pro- Such action may include consulting posed regulations relating to activities with Federal agencies, or other persons

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to promote use of one or more Sanc- rectly regulate fishing activities pursu- tuaries for research, monitoring and ant to the procedure set forth in sec- education, including coordination with tion 304(a)(5) of the NMSA. the National Estuarine Research Re- [65 FR 39055, June 22, 2000] serve System. § 922.43 Prohibited or otherwise regu- Subpart E—Regulations of General lated activities. Applicability Subparts F through R set forth site- specific regulations applicable to the § 922.40 Purpose. activities specified therein. The purpose of the regulations in this subpart and in subparts F through R is [65 FR 39055, June 22, 2000] to implement the designations of the § 922.44 Emergency regulations. thirteen National Marine Sanctuaries for which site specific regulations ap- Where necessary to prevent or mini- pear in subparts F through R, respec- mize the destruction of, loss of, or in- tively, by regulating activities affect- jury to a Sanctuary resource or qual- ing them, consistent with their respec- ity, or minimize the imminent risk of tive terms of designation in order to such destruction, loss, or injury, any protect, preserve and manage and and all such activities are subject to thereby ensure the health, integrity immediate temporary regulation, in- and continued availability of the con- cluding prohibition. The provisions of servation, ecological, recreational, re- this section do not apply to the Cordell search, educational, historical and aes- Bank, Florida Keys, Hawaiian Islands thetic resources and qualities of these Humpback Whale, and Thunder Bay areas. Additional purposes of the regu- National Marine Sanctuaries. See lations implementing the designation §§ 922.111(c), 922.165, and 922.186, 922.196, of the Florida Keys and Hawaiian Is- respectively, for the authority to issue lands Humpback Whale National Ma- emergency regulations with respect to rine Sanctuaries are found at §§ 922.160, those sanctuaries. and 922.180, respectively. [65 FR 39055, June 22, 2000] [65 FR 39055, June 22, 2000] § 922.45 Penalties. § 922.41 Boundaries. (a) Each violation of the NMSA or The boundary for each of the thirteen FKNMSPA, any regulation in this part, National Marine Sanctuaries covered or any permit issued pursuant thereto, by this part is described in subparts F is subject to a civil penalty of not more through R, respectively. than $ 100,000. Each day of a continuing violation constitutes a separate viola- [65 FR 39055, June 22, 2000] tion. § 922.42 Allowed activities. (b) Regulations setting forth the procedures governing administrative pro- All activities (e.g., fishing, boating, ceedings for assessment of civil pen- diving, research, education) may be alties, permit sanctions, and denials conducted unless prohibited or other- for enforcement reasons, issuance and wise regulated in Subparts F through R, subject to any emergency regula- use of written warnings, and release or tions promulgated pursuant to §§ 922.44, forfeiture of seized property appear at 922.111(c), 922.165, 922.186, or 922.196, sub- 15 CFR part 904. ject to all prohibitions, regulations, re- [60 FR 66877, Dec. 27, 1995, as amended at 62 strictions, and conditions validly im- FR 4607, Jan. 30, 1997] posed by any Federal, State, or local authority of competent jurisdiction, § 922.46 Response costs and damages. including Federal and State fishery Under section 312 of the Act, any per- management authorities, and subject son who destroys, causes the loss of, or to the provisions of section 312 of the injures any Sanctuary resource is lia- National Marine Sanctuaries Act ble to the United States for response (NMSA), (16 U.S.C. 1431 et seq.). The As- costs and damages resulting from such sistant Administrator may only di- destruction, loss or injury, and any

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vessel used to destroy, cause the loss conducted in accordance with the of, or injure any Sanctuary resource is scope, purpose, terms and conditions of liable in rem to the United States for a permit issued under this section and response costs and damages resulting subparts F through O, as appropriate. from such destruction, loss or injury. For the Florida Keys National Marine Sanctuary, a person may conduct an § 922.47 Pre-existing authorizations or activity prohibited by subpart P if con- rights and certifications of pre-ex- ducted in accordance with the scope, isting authorizations or rights. purpose, terms and conditions of a per- (a) Leases, permits, licenses, or mit issued under § 922.166. For the rights of subsistence use or access in Thunder Bay National Marine Sanc- existence on the date of designation of tuary and Underwater Preserve, a per- any National Marine Sanctuary shall son may conduct an activity prohibited not be terminated by the Director. The by subpart R in accordance with the Director may, however, regulate the scope, purpose, terms and conditions of exercise of such leases, permits, li- a permit issued under § 922.195. censes, or rights consistent with the (b) Applications for permits to con- purposes for which the Sanctuary was duct activities otherwise prohibited by designated. subparts F through O should be ad- (b) The prohibitions listed in sub- dressed to the Director and sent to the parts F through P, and subpart R do address specified in subparts F through not apply to any activity authorized by O, or subpart R, as appropriate. An ap- a valid lease, permit, license, approval plication must include: or other authorization in existence on (1) A detailed description of the pro- the effective date of Sanctuary des- posed activity including a timetable ignation, or in the case of the Florida for completion; Keys National Marine Sanctuary the effective date of the regulations in sub- (2) The equipment, personnel and part P, and issued by any Federal, methodology to be employed; State or local authority of competent (3) The qualifications and experience jurisdiction, or by any valid right of of all personnel; subsistence use or access in existence (4) The potential effects of the activ- on the effective date of Sanctuary des- ity, if any, on Sanctuary resources and ignation, or in the case of the Florida qualities; and (5) Copies of all other re- Keys National Marine Sanctuary the quired licenses, permits, approvals or effective date of the regulations in sub- other authorizations. part P, provided that the holder of such (c) Upon receipt of an application, authorization or right complies with the Director may request such addi- certification procedures and criteria tional information from the applicant promulgated at the time of Sanctuary as he or she deems necessary to act on designation, or in the case of the Flor- the application and may seek the views ida Keys National Marine Sanctuary of any persons or entity, within or out- the effective date of the regulations in side the Federal government, and may subpart P, and with any terms and con- hold a public hearing, as deemed appro- ditions on the exercise of such author- priate. ization or right imposed by the Direc- (d) The Director, at his or her discre- tor as a condition of certification as tion, may issue a permit, subject to the Director deems necessary to such terms and conditions as he or she achieve the purposes for which the deems appropriate, to conduct a pro- Sanctuary was designated. hibited activity, in accordance with the criteria found in subparts F [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, through O, or subpart R, as appro- 2000] priate. The Director shall further impose, at a minimum, the conditions set § 922.48 National Marine Sanctuary forth in the relevant subpart. permits—application procedures (e) A permit granted pursuant to this and issuance criteria. section is nontransferable. (a) A person may conduct an activity (f) The Director may amend, suspend, prohibited by subparts F through O, if or revoke a permit issued pursuant to

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this section for good cause. The Direc- (b) Any potential applicant for an au- tor may deny a permit application pur- thorization described in paragraph (a) suant to this section, in whole or in of this section may request the Direc- part, if it is determined that the per- tor to issue a finding as to whether the mittee or applicant has acted in viola- activity for which an application is in- tion of the terms and conditions of a tended to be made is prohibited by sub- permit or of the regulations set forth parts L through P, or subpart R, as ap- in this section or subparts F through O, propriate. subpart R or for other good cause. Any (c) Notification of filings of applica- such action shall be communicated in tions should be sent to the Director, writing to the permittee or applicant Office of Ocean and Coastal Resource by certified mail and shall set forth the Management at the address specified in reason(s) for the action taken. Proce- dures governing permit sanctions and subparts L through P, or subpart R, as denials for enforcement reasons are set appropriate. A copy of the application forth in subpart D of 15 CFR part 904. must accompany the notification. (d) The Director may request addi- [60 FR 66877, Dec. 27, 1995, as amended at 62 tional information from the applicant FR 4607, Jan. 30, 1997; 65 FR 39056, June 22, 2000] as he or she deems reasonably necessary to determine whether to object § 922.49 Notification and review of ap- to issuance of an authorization de- plications for leases, licenses, per- scribed in paragraph (a) of this section, mits, approvals, or other authoriza- or what terms and conditions are rea- tions to conduct a prohibited activ- sonably necessary to protect Sanc- ity. tuary resources and qualities. The in- (a) A person may conduct an activity formation requested must be received prohibited by subparts L through P, or by the Director within 45 days of the subpart R, if such activity is specifi- postmark date of the request. The Di- cally authorized by any valid Federal, rector may seek the views of any per- State, or local lease, permit, license, sons on the application. approval, or other authorization issued (e) The Director shall notify, in writ- after the effective date of Sanctuary ing, the agency to which application designation, or in the case of the Flor- has been made of his or her pending re- ida Keys National Marine Sanctuary after the effective date of the regula- view of the application and possible ob- tions in subpart P, provided that: jection to issuance. Upon completion of (1) The applicant notifies the Direc- review of the application and informa- tor, in writing, of the application for tion received with respect thereto, the such authorization (and of any applica- Director shall notify both the agency tion for an amendment, renewal, or ex- and applicant, in writing, whether he tension of such authorization) within or she has an objection to issuance and fifteen (15) days of the date of filing of what terms and conditions he or she the application or the effective date of deems reasonably necessary to protect Sanctuary designation, or in the case Sanctuary resources and qualities, and of the Florida Keys National Marine reasons therefor. Sanctuary the effective date of the reg- (f) The Director may amend the ulations in subpart P, whichever is terms and conditions deemed reason- later; ably necessary to protect Sanctuary (2) The applicant complies with the resources and qualities whenever addi- other provisions of this § 922.49; tional information becomes available (3) The Director notifies the appli- justifying such an amendment. cant and authorizing agency that he or (g) Any time limit prescribed in or she does not object to issuance of the established under this § 922.49 may be authorization (or amendment, renewal, extended by the Director for good or extension); and cause. (4) The applicant complies with any terms and conditions the Director (h) The applicant may appeal any ob- deems reasonably necessary to protect jection by, or terms or conditions im- Sanctuary resources and qualities. posed by, the Director to the Assistant

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Administrator or designee in accord- and Coastal Zone Management, NOAA ance with the provisions of § 922.50. 1305 East-West Highway, 13th Floor, [62 FR 4608, Jan. 30, 1997, as amended at 65 Silver Spring, MD 20910. FR 39056, June 22, 2000] (c)(1) The Assistant Administrator may request the appellant to submit § 922.50 Appeals of administrative ac- such information as the Assistant Ad- tion. ministrator deems necessary in order (a)(1) Except for permit actions for him or her to decide the appeal. The taken for enforcement reasons (see sub- information requested must be re- part D of 15 CFR part 904 for applicable ceived by the Assistant Administrator procedures), an applicant for, or a hold- within 45 days of the postmark date of er of, a National Marine Sanctuary per- the request. The Assistant Adminis- mit; an applicant for, or a holder of, a trator may seek the views of any other Special Use permit issued pursuant to persons. For the Monitor National Ma- section 310 of the Act; a person request- rine Sanctuary, if the appellant has re- ing certification of an existing lease, quested a hearing, the Assistant Ad- permit, license or right of subsistence ministrator shall grant an informal use or access under § 922.47; or, for hearing. For all other National Marine those Sanctuaries described in subparts Sanctuaries, the Assistant Adminis- L through P and subpart R, an appli- trator may determine whether to hold cant for a lease, permit, license or an informal hearing on the appeal. If other authorization issued by any Fed- the Assistant Administrator deter- eral, State, or local authority of com- mines that an informal hearing should petent jurisdiction (hereinafter appel- be held, the Assistant Administrator lant) may appeal to the Assistant Ad- may designate an officer before whom ministrator: the hearing shall be held. (i) The granting, denial, condi- (2) The hearing officer shall give no- tioning, amendment, suspension or rev- tice in the FEDERAL REGISTER of the ocation by the Director of a National time, place and subject matter of the Marine Sanctuary or Special Use per- hearing. The appellant and the Direc- mit; tor may appear personally or by coun- (ii) The conditioning, amendment, sel at the hearing and submit such ma- suspension or revocation of a certifi- terial and present such arguments as cation under § 922.47; or deemed appropriate by the hearing offi- (iii) For those Sanctuaries described cer. Within 60 days after the record for in subparts L through P and subpart R, the hearing closes, the hearing officer the objection to issuance of or the im- position of terms and conditions on a shall recommend a decision in writing lease, permit, license or other author- to the Assistant Administrator. ization issued by any Federal, State, or (d) The Assistant Administrator shall local authority of competent jurisdic- decide the appeal using the same regu- tion. latory criteria as for the initial deci- (2) For those National Marine Sanc- sion and shall base the appeal decision tuaries described in subparts F through on the record before the Director and K, any interested person may also ap- any information submitted regarding peal the same actions described in the appeal, and, if a hearing has been § 922.50(a)(1)(i) and (ii). For appeals held, on the record before the hearing arising from actions taken with respect officer and the hearing officer’s rec- to these National Marine Sanctuaries, ommended decision. The Assistant Ad- the term ‘‘appellant’’ includes any such ministrator shall notify the appellant interested persons. of the final decision and he reason(s) (b) An appeal under paragraph (a) of therefore in writing. The Assistant Ad- this section must be in writing, state ministrator’s decision shall constitute the action(s) by the Director appealed final agency action for the purpose of and the reason(s) for the appeal, and be the Administrative Procedure Act. received within 30 days of receipt of no- (e) Any time limit prescribed in or tice of the action by the Director. Ap- established under this section other peals should be addressed to the Assist- than the 30-day limit for filing an ap- ant Administrator for Ocean Services peal may be extended by the Assistant

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Administrator or hearing office for no permit is required for the conduct of good cause. any activity immediately and urgently necessary for the protection of life, [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4608, Jan. 30, 1997; 65 FR 39056, June 22, property or the environment. 2000; 65 FR 60097, Oct. 10, 2000] (b) Any person or entity who wishes to conduct in the Sanctuary an activ- Subpart F—Monitor National ity for which a permit is authorized by Marine Sanctuary this section (hereafter a permitted activity) may apply in writing to the Di- § 922.60 Boundary. rector for a permit to conduct such activity citing this section as the basis The Monitor National Marine Sanc- for the application. Such application tuary (Sanctuary) consists of a vertical water column in the Atlantic Ocean should be made to: Director, Office of one mile in diameter extending from Ocean and Coastal Resource Manage- the surface to the seabed, the center of ment; ATTN: Manager, Monitor Na- which is at 35°00′23″ north latitude and tional Marine Sanctuary, Building 1519, 75°24′32″ west longitude. NOAA, Fort Eustis, VA 23604–5544. (c) In considering whether to grant a § 922.61 Prohibited or otherwise regu- permit for the conduct of a permitted lated activities. activity for the purpose of research re- Except as may be permitted by the lated to the Monitor, the Secretary Director, the following activities are shall evaluate such matters as: prohibited and thus are unlawful for (1) The general professional and fi- any person to conduct or to cause to be nancial responsibility of the applicant; conducted within the Sanctuary: (2) The appropriateness of the re- (a) Anchoring in any manner, stop- search method(s) envisioned to the pur- ping, remaining, or drifting without pose(s) of the research; power at any time; (3) The extent to which the conduct (b) Any type of subsurface salvage or of any permitted activity may dimin- recovery operation; ish the value of the MONITOR as a (c) Diving of any type, whether by an source of historic, cultural, aesthetic individual or by a submersible; and/or maritime information; (d) Lowering below the surface of the (4) The end value of the research en- water any grappling, suction, con- visioned; and veyor, dredging or wrecking device; (5) Such other matters as the Direc- (e) Detonating below the surface of tor deems appropriate. the water any explosive or explosive (d) In considering whether to grant a mechanism; permit for the conduct of a permitted (f) Drilling or coring the seabed; activity in the Sanctuary in relation to (g) Lowering, laying, positioning or an air or marine casualty, the Director raising any type of seabed cable or shall consider such matters as: cable-laying device; (h) Trawling; or (1) The fitness of the applicant to do (i) Discharging waster material into the work envisioned; the water in violation of any Federal (2) The necessity of conducting such statute or regulation. activity; (3) The appropriateness of any activ- § 922.62 Permit procedure and criteria. ity envisioned to the purpose of the (a) Any person or entity may conduct entry into the Sanctuary; in the Sanctuary any activity listed in (4) The extent to which the conduct § 922.61 if such activity is either: of any such activity may diminish the (1) For the purpose of research re- value of the Monitor as a source of his- lated to the Monitor, or toric, cultural, aesthetic and/or mari- (2) Pertains to salvage or recovery time information; and operations in connection with an air or (5) Such other matters as the Direc- marine casualty and such person or en- tor deems appropriate. tity is in possession of a valid permit (e) In considering any application issued by the Director authorizing the submitted pursuant to this section, the conduct of such activity; except that, Director shall seek and consider the

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views of the Advisory Council on His- hull. The length is measured from end toric Preservation. to end over the deck excluding sheer, (f) The Director may observe any ac- meaning a straight line measurement tivity permitted by this section; and/or of the overall length from the foremost may require the submission of one or part of the vessel to the aftermost part more reports of the status or progress of the vessel, measured parallel to the of such activity. centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, and Subpart G—Channel Islands similar fittings or attachments, are National Marine Sanctuary not included in the measurement. Length is stated in feet and inches. § 922.70 Boundary. Oceangoing ship means a private, The Channel Islands National Marine commercial, government, or military Sanctuary (Sanctuary) consists of an vessel of 300 gross registered tons or area of approximately 1,110 square nau- more, not including cruise ships. tical miles (nmi) of coastal and ocean Pelagic finfish are defined as: North- waters, and the submerged lands there- ern anchovy (Engraulis mordax), barra- under, off the southern coast of Cali- cudas (Sphyraena spp.), billfishes (fam- fornia. The Sanctuary boundary begins ily Istiophoridae), dolphinfish at the Mean High Water Line of and ex- (Coryphaena hippurus), Pacific herring tends seaward to a distance of approxi- (Clupea pallasi), jack mackerel mately six nmi from the following is- (Trachurus symmetricus), Pacific mack- lands and offshore rocks: San Miguel erel (Scomber japonicus), salmon Island, Santa Cruz Island, Santa Rosa (Oncorhynchus spp.), Pacific sardine Island, Anacapa Island, Santa Barbara (Sardinops sagax), blue shark (Prionace Island, Richardson Rock, and Castle glauca), salmon shark (Lamna ditropis), Rock (the Islands). The seaward bound- shortfin mako shark (Isurus ary coordinates are listed in appendix oxyrinchus), thresher sharks (Alopias A to this subpart. spp.), swordfish (Xiphias gladius), tunas [74 FR 3260, Jan. 16, 2009] (family Scombridae), and yellowtail (Seriola lalandi). § 922.71 Definitions. Stowed and not available for immediate In addition to those definitions found use means not readily accessible for at 15 CFR 922.3, the following defini- immediate use, e.g., by being securely tions apply to this subpart: covered and lashed to a deck or bulk- Cruise ship means a vessel with 250 or head, tied down, unbaited, unloaded, or more passenger berths for hire. partially disassembled (such as spear Graywater means galley, bath, or shafts being kept separate from spear shower water. guns). Introduced species means any species [74 FR 3260, Jan. 16, 2009] (including but not limited to any of its biological matter capable of propaga- § 922.72 Prohibited or otherwise regu- tion) that is non-native to the eco- lated activities—Sanctuary-wide. systems of the Sanctuary; or any organism into which altered genetic mat- (a) Except as specified in paragraphs ter, or genetic matter from another (b) through (e) of this section, the fol- species, has been transferred in order lowing activities are prohibited and that the host organism acquires the ge- thus unlawful for any person to con- netic traits of the transferred genes. duct or cause to be conducted: Motorized personal watercraft means a (1) Exploring for, developing, or pro- vessel, usually less than 16 feet in ducing hydrocarbons within the Sanc- length, which uses an inboard, internal tuary, except pursuant to leases exe- combustion engine powering a water cuted prior to March 30, 1981, and ex- jet pump as its primary source of pro- cept the laying of pipeline pursuant to pulsion. The vessel is intended to be exploring for, developing, or producing operated by a person or persons sitting, hydrocarbons. standing or kneeling on the vessel, (2) Exploring for, developing, or pro- rather than within the confines of the ducing minerals within the Sanctuary,

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

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regulation, as amended, promulgated 4321 et seq., relevant to a Sanctuary re- under the MMPA, ESA, or MBTA. source or quality; (10) Possessing within the Sanctuary (ii) It is modified, including but not (regardless of where taken from, limited to changes in location or fre- moved, or removed from) any marine quency, in such a way that its possible mammal, sea turtle, or seabird, except adverse effects on Sanctuary resources as authorized by the MMPA, ESA, or qualities are significantly greater MBTA, or any regulation, as amended, than previously considered for the un- promulgated under the MMPA, ESA, or modified activity; MBTA. (iii) It is modified, including but not (11) Marking, defacing, damaging, limited to changes in location or fre- moving, removing, or tampering with quency, in such a way that its possible any sign, notice, or placard, whether adverse effects on Sanctuary resources temporary or permanent, or any monu- or qualities are significantly different ment, stake, post, or other boundary in manner than previously considered marker related to the Sanctuary. for the unmodified activity; or (12) Introducing or otherwise releas- (iv) There are new circumstances or ing from within or into the Sanctuary an introduced species, except striped information relevant to a Sanctuary bass (Morone saxatilis) released during resource or quality that were not ad- catch and release fishing activity. dressed in the FMP/FEIS. (13) Operating a motorized personal (3) In the event of destruction of, loss watercraft within waters of the Sanc- of, or injury to a Sanctuary resource or tuary that are coextensive with the quality resulting from an incident, in- Channel Islands National Park, estab- cluding, but not limited to, discharges, lished by 16 U.S.C. 410(ff). deposits, and groundings, caused by a (b)(1) The prohibitions in paragraphs DOD activity, DOD, in coordination (a)(3) through (13) of this section and in with the Director, must promptly pre- § 922.73 do not apply to military activi- vent and mitigate further damage and ties carried out by DOD as of the effec- must restore or replace the Sanctuary tive date of these regulations and spe- resource or quality in a manner ap- cifically identified in section 3.5.9 (De- proved by the Director. partment of Defense Activities) of the (4) All DOD activities must be carried Final Channel Islands National Marine out in a manner that avoids to the Sanctuary Management Plan/Final En- maximum extent practicable any ad- vironmental Impact Statement (FMP/ verse impacts on Sanctuary resources FEIS), Volume II: Environmental Im- and qualities. pact Statement, 2008, authored and (c) The prohibitions in paragraphs published by NOAA (‘‘pre-existing ac- (a)(3) through (10), (a)(12), and (a)(13) of tivities’’). Copies of the document are this section and in § 922.73 do not apply available from the Channel Islands Na- to any activity conducted under and in tional Marine Sanctuary, 113 Harbor accordance with the scope, purpose, Way, Santa Barbara, CA 93109. Other terms, and conditions of a National military activities carried out by DOD Marine Sanctuary permit issued pursu- may be exempted by the Director after ant to 15 CFR 922.48 and 922.74. consultation between the Director and (d) The prohibitions in paragraphs DOD. (a)(3) through (11) and (a)(13) of this (2) A military activity carried out by section and in § 922.73 do not apply to DOD as of the effective date of these any activity necessary to respond to an regulations and specifically identified emergency threatening life, property, in the section entitled ‘‘Department of or the environment. Defense Activities’’ of the FMP/FEIS is (e) The prohibitions in paragraphs not considered a pre-existing activity (a)(3) through (11) and (a)(13) of this if: section and in § 922.73 do not apply to (i) It is modified in such a way that requires the preparation of an environ- any activity necessary for valid law en- mental assessment or environmental forcement purposes in the Sanctuary. impact statement under the National [74 FR 3260, Jan. 16, 2009, as amended at 77 Environmental Policy Act, 42 U.S.C. FR 3922, Jan. 26, 2012]

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

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(7) The proposed activity will be con- Point Latitude (N) Longitude (W) ducted in a manner compatible with 9 ...... 34.11712 ¥119.42896 the value of the Sanctuary as a source 10 ...... 34.11664 ¥119.44844 of recreation and as a source of edu- 11 ...... 34.13389 ¥119.48081 cational and scientific information, 12 ...... 34.13825 ¥119.49198 13 ...... 34.14784 ¥119.51194 considering the extent to which the 14 ...... 34.15086 ¥119.54670 conduct of the activity may result in 15 ...... 34.15450 ¥119.54670 conflicts between different users of the 16 ...... 34.15450 ¥119.59170 Sanctuary and the duration of such ef- 17 ...... 34.15142 ¥119.61254 18 ...... 34.13411 ¥119.66024 fects; 19 ...... 34.14635 ¥119.69780 (8) It is necessary to conduct the pro- 20 ...... 34.15988 ¥119.76688 posed activity within the Sanctuary; 21 ...... 34.15906 ¥119.77800 22 ...... 34.15928 ¥119.79327 (9) The reasonably expected end value 23 ...... 34.16213 ¥119.80347 of the proposed activity furthers Sanc- 24 ...... 34.16962 ¥119.83643 tuary goals and purposes and out- 25 ...... 34.17266 ¥119.85240 26 ...... 34.17588 ¥119.88903 weighs any potential adverse effects on 27 ...... 34.17682 ¥119.93357 Sanctuary resources and qualities from 28 ...... 34.17258 ¥119.95830 the conduct of the activity; and 29 ...... 34.13535 ¥120.01964 (10) Any other matters the Director 30 ...... 34.13698 ¥120.04206 31 ...... 34.12994 ¥120.08582 deems appropriate do not make the 32 ...... 34.12481 ¥120.11104 issuance of a permit for the proposed 33 ...... 34.12519 ¥120.16076 activity inappropriate. 34 ...... 34.11008 ¥120.21190 35 ...... 34.11128 ¥120.22707 (d) Applications. (1) Applications for 36 ...... 34.13632 ¥120.25292 permits should be addressed to the Di- 37 ...... 34.15341 ¥120.28627 rector, Office of National Marine Sanc- 38 ...... 34.16408 ¥120.29310 ¥ tuaries; ATTN: Manager, Channel Is- 39 ...... 34.17704 120.30670 40 ...... 34.20492 ¥120.30670 lands National Marine Sanctuary, 113 41 ...... 34.20492 ¥120.38830 Harbor Way, Santa Barbara, CA 93109. 42 ...... 34.20707 ¥120.41801 (2) In addition to the information 43 ...... 34.20520 ¥120.42859 44 ...... 34.19254 ¥120.46041 listed in § 922.48(b), all applications 45 ...... 34.20540 ¥120.50728 must include information the Director 46 ...... 34.20486 ¥120.53987 needs to make the findings in para- 47 ...... 34.18182 ¥120.60041 ¥ graphs (b) and (c) of this section. 48 ...... 34.10208 120.64208 49 ...... 34.08151 ¥120.63894 (e) In addition to any other terms 50 ...... 34.05848 ¥120.62862 and conditions that the Director deems 51 ...... 34.01940 ¥120.58567 appropriate, a permit issued pursuant 52 ...... 34.01349 ¥120.57464 53 ...... 33.98698 ¥120.56582 to this section must require that the 54 ...... 33.95039 ¥120.53282 permittee agree to hold the United 55 ...... 33.92694 ¥120.46132 States harmless against any claims 56 ...... 33.92501 ¥120.42170 arising out of the conduct of the per- 57 ...... 33.91403 ¥120.37585 58 ...... 33.91712 ¥120.32506 mitted activities. 59 ...... 33.90956 ¥120.30857 60 ...... 33.88976 ¥120.29540 [74 FR 3260, Jan. 16, 2009] 61 ...... 33.84444 ¥120.25482 62 ...... 33.83146 ¥120.22927 APPENDIX A TO SUBPART G OF PART 63 ...... 33.81763 ¥120.20284 922—CHANNEL ISLANDS NATIONAL 64 ...... 33.81003 ¥120.18731 ¥ MARINE SANCTUARY BOUNDARY CO- 65 ...... 33.79425 120.13422 66 ...... 33.79379 ¥120.10207 ORDINATES 67 ...... 33.79983 ¥120.06995 68 ...... 33.81076 ¥120.04351 [Coordinates listed in this appendix are 69 ...... 33.81450 ¥120.03158 unprojected (Geographic) and based on the 70 ...... 33.84125 ¥119.96508 North American Datum of 1983.] 71 ...... 33.84865 ¥119.92316 72 ...... 33.86993 ¥119.88330 Point Latitude (N) Longitude (W) 73 ...... 33.86195 ¥119.88330 74 ...... 33.86195 ¥119.80000 1 ...... 33.94138 ¥119.27422 75 ...... 33.86110 ¥119.79017 2 ...... 33.96776 ¥119.25010 76 ...... 33.86351 ¥119.77130 3 ...... 34.02607 ¥119.23642 77 ...... 33.85995 ¥119.74390 4 ...... 34.07339 ¥119.25686 78 ...... 33.86233 ¥119.68783 5 ...... 34.10185 ¥119.29178 79 ...... 33.87330 ¥119.65504 6 ...... 34.11523 ¥119.33040 80 ...... 33.88594 ¥119.62617 7 ...... 34.11611 ¥119.39120 81 ...... 33.88688 ¥119.59423 8 ...... 34.11434 ¥119.40212 82 ...... 33.88809 ¥119.58278

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Point Latitude (N) Longitude (W) TABLE B–1—RICHARDSON ROCK (SAN MIGUEL ISLAND) MARINE RESERVE 83 ...... 33.89414 ¥119.54861 ¥ 84 ...... 33.90064 119.51936 Point Latitude Longitude 85 ...... 33.90198 ¥119.51609 ¥ 86 ...... 33.90198 119.43311 1 ...... 34.17333 °N 120.60483 °W ¥ 87 ...... 33.90584 119.43311 2 ...... 34.17333 °N 120.47000 °W ¥ 88 ...... 33.90424 119.42422 3 ...... 34.12900 °N 120.47000 °W ¥ 89 ...... 33.90219 119.40730 4 ...... 34.03685 °N 120.52120 °W ¥ 90 ...... 33.90131 119.38373 5 ...... 34.03685 °N 120.60483 °W ¥ 91 ...... 33.90398 119.36333 6 ...... 34.17333 °N 120.60483 °W 92 ...... 33.90635 ¥119.35345 93 ...... 33.91304 ¥119.33280 94 ...... 33.91829 ¥119.32206 B.2. HARRIS POINT (SAN MIGUEL ISLAND) 95 ...... 33.48250 ¥119.16874 MARINE RESERVE 96 ...... 33.44235 ¥119.16797 97 ...... 33.40555 ¥119.14878 The Harris Point Marine Reserve (Harris 98 ...... 33.39059 ¥119.13283 Point) boundary is defined by the 3 nmi 99 ...... 33.36804 ¥119.08891 State boundary, the coordinates provided in 100 ...... 33.36375 ¥119.06803 Table B–2, and the following textual descrip- 101 ...... 33.36241 ¥119.04812 tion. 102 ...... 33.36320 ¥119.03670 The Harris Point boundary extends from 103 ...... 33.36320 ¥118.90879 Point 1 to Point 2 along a straight line. It 104 ...... 33.47500 ¥118.90879 then extends along a straight line from 105 ...... 33.48414 ¥118.90712 Point 2 to the 3 nmi State boundary where a ¥ 106 ...... 33.52444 118.91492 line defined by connecting Point 2 and Point ¥ 107 ...... 33.53834 118.92271 3 with a straight line intersects the 3 nmi 108 ...... 33.58616 ¥118.99540 State boundary. The boundary then follows 109 ...... 33.59018 ¥119.02374 110 ...... 33.58516 ¥119.06745 the 3 nmi State boundary northwestward 111 ...... 33.58011 ¥119.08521 until it intersects the line defined by con- 112 ...... 33.54367 ¥119.14460 necting Point 4 and Point 5 with a straight 113 ...... 33.51161 ¥119.16367 line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. [72 FR 29233, May 24, 2007] TABLE B–2—HARRIS POINT (SAN MIGUEL APPENDIX B TO SUBPART G OF PART ISLAND) MARINE RESERVE 922—MARINE RESERVE BOUNDARIES Point Latitude Longitude [Coordinates listed in this appendix are unprojected (Geographic) and based on the 1 ...... 34.20492 °N 120.38830 °W North American Datum of 1983.] 2 ...... 34.20492 °N 120.30670 °W 3 ...... 34.10260 °N 120.30670 °W B.1. RICHARDSON ROCK (SAN MIGUEL ISLAND) 4 ...... 34.15200 °N 120.38830 °W MARINE RESERVE 5 ...... 34.20492 °N 120.38830 °W The Richardson Rock Marine Reserve (Richardson Rock) boundary is defined by B.3. SOUTH POINT (SANTA ROSA ISLAND) the 3 nmi State boundary, the coordinates MARINE RESERVE provided in Table B–1, and the following textual description. The South Point Marine Reserve (South The Richardson Rock boundary extends Point) boundary is defined by the 3 nmi from Point 1 to Point 2 along a straight line. State boundary, the coordinates provided in It then extends from Point 2 to Point 3 along Table B–3, and the following textual descrip- a straight line. The boundary then extends tion. along a straight line from Point 3 to the 3 The South Point boundary extends from nmi State boundary established under the Point 1 to Point 2 along a straight line. It Submerged Lands Act (3 nmi State bound- then extends along a straight line from ary) where a line defined by connecting Point 2 to the 3 nmi State boundary where a Point 3 and Point 4 with a straight line line defined by connecting Point 2 and Point intersects the 3 nmi State boundary. The 3 with a straight line intersects the 3 nmi boundary then extends northwestward and State boundary. The boundary follows the 3 then eastward along the 3 nmi State bound- nmi State boundary southeastward until it ary until it intersects the line defined by intersects the line defined by connecting connecting Point 5 and Point 6 with a Point 4 and Point 5 along a straight line. At straight line. At that intersection, the that intersection, the boundary extends from boundary extends from the 3 nmi SLA the 3 nmi State boundary to Point 5 along a boundary to Point 6 along a straight line. straight line.

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TABLE B–3—SOUTH POINT (SANTA ROSA TABLE B–5—SCORPION (SANTA CRUZ ISLAND) ISLAND) MARINE RESERVE MARINE RESERVE

Point Latitude Longitude Point Latitude Longitude ° ° 1 ...... 33.84000 °N 120.10830 °W 1 ...... 34.15450 N 119.59170 W ° ° 2 ...... 34.15450 °N 119.54670 °W 2 ...... 33.84000 N 120.16670 W ° ° ° ° 3 ...... 34.10140 N 119.54670 W 3 ...... 33.86110 N 120.16670 W 4 ...... 34.10060 °N 119.59170 °W ° ° 4 ...... 33.84700 N 120.10830 W 5 ...... 34.15450 °N 119.59170 °W 5 ...... 33.84000 °N 120.10830 °W

B.6. FOOTPRINT MARINE RESERVE B.4. GULL ISLAND (SANTA CRUZ ISLAND) The Footprint Marine Reserve (Footprint) MARINE RESERVE boundary is defined by the 3 nmi State The Gull Island Marine Reserve (Gull Is- boundary, the coordinates provided in Table land) boundary is defined by the 3 nmi State B–6, and the following textual description. boundary, the coordinates provided in Table The Footprint boundary extends from B–4, and the following textual description. Point 1 to Point 2 along a straight line. It The Gull Island boundary extends from then extends along a straight line from Point 2 to the 3 nmi State boundary where a Point 1 to Point 2 along a straight line. It line defined by connecting Point 2 and Point then extends along a straight line from 3 with a straight line intersects the 3 nmi Point 2 to the 3 nmi State boundary where a State boundary. The boundary follows the 3 line defined by connecting Point 2 and Point nmi State boundary northeastward and then 3 with a straight line intersects the 3 nmi southeastward until it intersects the line de- State boundary. The boundary then follows fined by connecting Point 4 and Point 5 the 3 nmi State boundary westward until it along a straight line. At that intersection, intersects the line defined by connecting the boundary extends from the 3 nmi State Point 4 and Point 5 with a straight line. At boundary to Point 5 along a straight line. that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a TABLE B–6—FOOTPRINT MARINE RESERVE straight line. Point Latitude Longitude

TABLE B–4—GULL ISLAND (SANTA CRUZ 1 ...... 33.90198 °N 119.43311 °W ISLAND) MARINE RESERVE 2 ...... 33.90198 °N 119.51609 °W 3 ...... 33.96120 °N 119.51609 °W ° ° Point Latitude Longitude 4 ...... 33.95710 N 119.43311 W 5 ...... 33.90198 °N 119.43311 °W 1 ...... 33.86195 °N 119.80000 °W 2 ...... 33.86195 °N 119.88330 °W B.7. ANACAPA ISLAND MARINE RESERVE 3 ...... 33.92690 °N 119.88330 °W The Anacapa Island Marine Reserve 4 ...... 33.90700 °N 119.80000 °W (Anacapa Island) boundary is defined by the 5 ...... 33.86195 °N 119.80000 °W 3 nmi State boundary, the coordinates provided in Table B–7, and the following textual B.5. SCORPION (SANTA CRUZ ISLAND) MARINE description. RESERVE The Anacapa Island boundary extends from Point 1 to Point 2 along a straight line. It The Scorpion Marine Reserve (Scorpion) then extends to the 3 nmi State boundary boundary is defined by the 3 nmi State where a line defined by connecting Point 2 boundary, the coordinates provided in Table and Pont 3 with a straight line intersects the B–5, and the following textual description. 3 nmi State boundary. The boundary follows The Scorpion boundary extends from Point the 3 nmi State boundary westward until it 1 to Point 2 along a straight line. It then ex- intersects the line defined by connecting tends along a straight line from Point 2 to Point 4 and Point 5 with a straight line. At the 3 nmi State boundary where a line de- that intersection, the boundary extends from fined by connecting Point 2 and Point 3 with the 3 nmi State boundary to Point 5 along a a straight line intersects the 3 nmi State straight line. boundary. The boundary then follows the 3 nmi State boundary westward until it inter- TABLE B–7—ANACAPA ISLAND MARINE RESERVE sects the line defined by connecting Point 4 and Point 5 with a straight line. At that Point Latitude Longitude intersection, the boundary extends from the 1 ...... 34.08330 °N 119.41000 °W 3 nmi State boundary to Point 5 along a 2 ...... 34.08330 °N 119.35670 °W straight line. 3 ...... 34.06450 °N 119.35670 °W 4 ...... 34.06210 °N 119.41000 °W 5 ...... 34.08330 °N 119.41000 °W

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B.8. SANTA BARBARA ISLAND MARINE RESERVE TABLE C–1—ANACAPA ISLAND MARINE The Santa Barbara Island Marine Reserve CONSERVATION AREA—Continued (Santa Barbara) boundary is defined by the 3 nmi State boundary, the coordinates pro- Point Latitude Longitude vided in Table B–8, and the following textual 4 ...... 34.06300 °N 119.44500 °W description. 5 ...... 34.08330 °N 119.44500 °W The Santa Barbara boundary extends from Point 1 to Point 2 along a straight line. It [72 FR 29233, May 24, 2007; 72 FR 42317, Aug. then extends along a straight line from 2, 2007] Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi Subpart H—Gulf of the Farallones State boundary. The boundary follows the 3 National Marine Sanctuary nmi State boundary northeastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At SOURCE: 73 FR 70529, Nov. 20, 2008, unless that intersection, the boundary extends from otherwise noted. the 3 nmi State boundary to Point 5 along a straight line. The boundary then extends § 922.80 Boundary. from Point 5 to Point 6 along a straight line. The Gulf of the Farallones National Marine Sanctuary (Sanctuary) bound- TABLE B–8—SANTA BARBARA ISLAND MARINE ary encompasses a total area of ap- RESERVE proximately 966 square nautical miles Point Latitude Longitude (nmi) of coastal and ocean waters, and submerged lands thereunder, sur- 1 ...... 33.36320 °N 118.90879 °W rounding the Farallon Islands (and 2 ...... 33.36320 °N 119.03670 °W 3 ...... 33.41680 °N 119.03670 °W Noonday Rock) off the northern coast 4 ...... 33.47500 °N 118.97080 °W of California. The northernmost extent 5 ...... 33.47500 °N 118.90879 °W of the Sanctuary boundary is a geo- ° ° 6 ...... 33.36320 N 118.90879 W detic line extending westward from Bodega Head approximately 6 nmi to [72 FR 29233, May 24, 2007] the northern boundary of the Cordell Bank National Marine Sanctuary APPENDIX C TO SUBPART G OF PART (CBNMS). The Sanctuary boundary 922—MARINE CONSERVATION AREA then turns southward to a point ap- BOUNDARY proximately 6 nmi off Point Reyes, C.1. ANACAPA ISLAND MARINE CONSERVATION California, where it then turns west- AREA ward again out towards the 1,000-fath- The Anacapa Island Marine Conservation om isobath. The Sanctuary boundary Area (AIMCA) boundary is defined by the 3 then extends in a southerly direction nmi State boundary, the coordinates pro- adjacent to the 1,000-fathom isobath vided in Table C–1, and the following textual until it intersects the northern extent description. of the Monterey Bay National Marine The AIMCA boundary extends from Point 1 Sanctuary (MBNMS). The Sanctuary to Point 2 along a straight line. It then ex- boundary then follows the MBNMS tends to the 3 nmi State boundary where a boundary eastward and northward line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi until it intersects the Mean High State boundary. The boundary follows the 3 Water Line at Rocky Point, California. nmi State boundary westward until it inter- The Sanctuary boundary then follows sects the line defined by connecting Point 4 the MHWL north until it intersects the and Point 5 with a straight line. At that Point Reyes National Seashore (PRNS) intersection, the boundary extends from the boundary. The Sanctuary boundary 3 nmi State boundary to Point 5 along a then approximates the PRNS bound- straight line. ary, as established at the time of designation of the Sanctuary, to the inter- TABLE C–1—ANACAPA ISLAND MARINE section of the PRNS boundary and the CONSERVATION AREA MHWL in Tomales Bay. The Sanctuary Point Latitude Longitude boundary then follows the MHWL up Tomales Bay and Lagunitas Creek to 1 ...... 34.08330 °N 119.44500 °W 2 ...... 34.08330 °N 119.41000 °W the Route 1 Bridge where the Sanc- 3 ...... 34.06210 °N 119.41000 °W tuary boundary crosses the Lagunitas

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Creek and follows the MHWL until it sel’s condition being reported to au- intersects its northernmost extent thorities; or leaving a vessel at anchor near Bodega Head. The Sanctuary when its condition creates potential for boundary includes Bolinas Lagoon, a grounding, discharge, or deposit and Estero de San Antonio (to the tide gate the owner/operator fails to secure the at Valley Ford Franklin School Road) vessel in a timely manner. and Estero Americano (to the bridge at Harmful matter means any substance, Valley Ford Estero Road), as well as or combination of substances, that be- Bodega Bay, but not Bodega Harbor. cause of its quantity, concentration, or Where the Sanctuary boundary crosses physical, chemical, or infectious char- a waterway, the Sanctuary boundary acteristics may pose a present or po- excludes these waterways shoreward of tential threat to Sanctuary resources the Sanctuary boundary line delin- or qualities, including but not limited eated by the coordinates provided. The to: fishing nets, fishing line, hooks, precise seaward boundary coordinates fuel, oil, and those contaminants (re- are listed in appendix A to this sub- gardless of quantity) listed pursuant to part. 42 U.S.C. 101(14) of the Comprehensive Environmental Response, Compensa- § 922.81 Definitions. tion and Liability Act at 40 CFR 302.4. In addition to those definitions found Introduced species means any species at § 922.3, the following definitions (including, but not limited to, any of apply to this subpart: its biological matter capable of propa- Areas of Special Biological Significance gation) that is non-native to the eco- (ASBS) are those areas designated by systems of the Sanctuary; or any orga- California’s State Water Resources nism into which altered genetic mat- Control Board as requiring protection ter, or genetic matter from another of species or biological communities to species, has been transferred in order the extent that alteration of natural that the host organism acquires the ge- water quality is undesirable. ASBS are netic traits of the transferred genes. a subset of State Water Quality Protec- Motorized personal watercraft means a tion Areas established pursuant to vessel which uses an inboard motor California Public Resources Code sec- powering a water jet pump as its pri- tion 36700 et seq. mary source of motive power and Attract or attracting means the con- which is designed to be operated by a duct of any activity that lures or may person sitting, standing, or kneeling on lure any animal in the Sanctuary by the vessel, rather than the conven- using food, bait, chum, dyes, decoys tional manner of sitting or standing in- (e.g., surfboards or body boards used as side the vessel. decoys), acoustics or any other means, Routine maintenance means cus- except the mere presence of human tomary and standard procedures for beings (e.g., swimmers, divers, boaters, maintaining docks or piers. kayakers, surfers). Seagrass means any species of marine Clean means not containing detect- angiosperms (flowering plants) that in- able levels of harmful matter. habit portions of the submerged lands Cruise ship means a vessel with 250 or in the Sanctuary. Those species in- more passenger berths for hire. clude, but are not limited to: Zostera Deserting means leaving a vessel asiatica and Zostera marina. aground or adrift without notification to the Director of the vessel going § 922.82 Prohibited or otherwise regu- aground or becoming adrift within 12 lated activities. hours of its discovery and developing (a) The following activities are pro- and presenting to the Director a pre- hibited and thus are unlawful for any liminary salvage plan within 24 hours person to conduct or to cause to be of such notification, after expressing or conducted within the Sanctuary: otherwise manifesting intention not to (1) Exploring for, developing, or pro- undertake or to cease salvage efforts, ducing oil or gas except that pipelines or when the owner/operator cannot related to hydrocarbon operations ad- after reasonable efforts by the Director jacent to the Sanctuary may be placed be reached within 12 hours of the ves- at a distance greater than 2 nmi from

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the Farallon Islands, Bolinas Lagoon altering the submerged lands of the and Areas of Special Biological Signifi- Sanctuary in any way, except: cance (ASBS) where certified to have (i) By anchoring vessels (in a manner no significant effect on Sanctuary re- not otherwise prohibited by this part sources in accordance with § 922.84. (see § 922.82(a)(16)); (2) Discharging or depositing from (ii) While conducting lawful fishing within or into the Sanctuary, other activities; than from a cruise ship, any material (iii) The laying of pipelines related to or other matter except: hydrocarbon operations in leases adja- (i) Fish, fish parts, or chumming ma- cent to the Sanctuary in accordance terials (bait) used in or resulting from with paragraph (a)(1) of this section; lawful fishing activity within the Sanc- (iv) Routine maintenance and con- tuary, provided that such discharge or struction of docks and piers on deposit is during the conduct of lawful Tomales Bay; or fishing activity within the Sanctuary; (v) Mariculture activities conducted (ii) For a vessel less than 300 gross pursuant to a valid lease, permit, li- registered tons (GRT), or a vessel 300 cense or other authorization issued by GRT or greater without sufficient hold- the State of California. ing tank capacity to hold sewage while (6) Operating any vessel engaged in within the Sanctuary, clean effluent the trade of carrying cargo within an generated incidental to vessel use by area extending 2 nmi from the Farallon an operable Type I or II marine sanita- Islands, Bolinas Lagoon or any ASBS. tion device (U.S. Coast Guard classi- This includes but is not limited to fication) that is approved in accord- tankers and other bulk carriers and ance with section 312 of the Federal barges, or any vessel engaged in the Water Pollution Control Act, as trade of servicing offshore installa- amended (FWPCA), 33 U.S.C. 1322. Ves- tions, except to transport persons or sel operators must lock all marine supplies to or from the Islands or main- sanitation devices in a manner that land areas adjacent to Sanctuary prevents discharge or deposit of un- waters or any ASBS. In no event shall treated sewage; this section be construed to limit ac- (iii) Clean vessel deck wash down, cess for fishing, recreational or re- clean vessel engine cooling water, search vessels. clean vessel generator cooling water, (7) Operation of motorized personal clean bilge water, or anchor wash; or watercraft, except for the operation of (iv) Vessel engine or generator ex- motorized personal watercraft for haust. emergency search and rescue missions (3) Discharging or depositing from or law enforcement operations (other within or into the Sanctuary any ma- than routine training activities) car- terial or other matter from a cruise ried out by the National Park Service, ship except clean vessel engine cooling U.S. Coast Guard, Fire or Police De- water, clean vessel generator cooling partments or other Federal, State or water, vessel engine or generator ex- local jurisdictions. haust, clean bilge water, or anchor (8) Disturbing marine mammals or wash. seabirds by flying motorized aircraft at (4) Discharging or depositing, from less than 1,000 feet over the waters beyond the boundary of the Sanctuary, within one nautical mile of the any material or other matter that sub- Farallon Islands, Bolinas Lagoon, or sequently enters the Sanctuary and in- any ASBS, except to transport persons jures a Sanctuary resource or quality, or supplies to or from the Islands or for except for the exclusions listed in para- enforcement purposes. Failure to main- graphs (a)(2)(i) through (iv) and (a)(3) tain a minimum altitude of 1,000 feet of this section. above ground level over such waters is (5) Constructing any structure other presumed to disturb marine mammals than a navigation aid on or in the sub- or seabirds. merged lands of the Sanctuary; placing (9) Possessing, moving, removing, or or abandoning any structure on or in injuring, or attempting to possess, the submerged lands of the Sanctuary; move, remove or injure, a Sanctuary or drilling into, dredging, or otherwise historical resource.

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(10) Introducing or otherwise releas- tivities shall be determined in con- ing from within or into the Sanctuary sultation between the Director and the an introduced species, except: Department of Defense. (i) Striped bass (Morone saxatilis) re- (c) The prohibitions in paragraph (a) leased during catch and release fishing of this section do not apply to activi- activity; or ties necessary to respond to an emer- (ii) Species cultivated by mariculture gency threatening life, property, or the activities in Tomales Bay pursuant to environment, or except as may be per- a valid lease, permit, license or other mitted by the Director in accordance authorization issued by the State of with § 922.48 and § 922.83. California and in effect on the effective [73 FR 70529, Nov. 20, 2008, as amended at 75 date of the final regulation. FR 53569, Sept. 1, 2010; 77 FR 3922, Jan. 26, (11) Taking any marine mammal, sea 2012] turtle, or bird within or above the Sanctuary, except as authorized by the § 922.83 Permit procedures and Marine Mammal Protection Act, as issuance criteria. amended, (MMPA), 16 U.S.C. 1361 et (a) A person may conduct an activity seq., Endangered Species Act (ESA), as prohibited by § 922.82 if such activity is amended, 16 U.S.C. 1531 et seq., Migra- specifically authorized by, and con- tory Bird Treaty Act, as amended, ducted in accordance with the scope, (MBTA), 16 U.S.C. 703 et seq., or any purpose, terms and conditions of, a per- regulation, as amended, promulgated mit issued under § 922.48 and this sec- under the MMPA, ESA, or MBTA. tion. (12) Possessing within the Sanctuary (b) The Director, at his or her discre- (regardless of where taken, moved or tion, may issue a National Marine removed from), any marine mammal, Sanctuary permit under this section, sea turtle, or bird taken, except as au- subject to terms and conditions as he thorized by the MMPA, ESA, MBTA, or she deems appropriate, if the Direc- by any regulation, as amended, pro- tor finds that the activity will: mulgated under the MMPA, ESA, or (1) Further research or monitoring MBTA, or as necessary for valid law related to Sanctuary resources and enforcement purposes. qualities; (13) Attracting a white shark in the (2) Further the educational value of Sanctuary; or approaching within 50 the Sanctuary; meters of any white shark within the (3) Further salvage or recovery oper- line approximating 2 nmi around the ations; or Farallon Islands. The coordinates for (4) Assist in managing the Sanc- the line approximating 2 nmi around tuary. the Farallon Islands are listed in ap- (c) In deciding whether to issue a per- pendix B to this subpart. mit, the Director shall consider factors (14) Deserting a vessel aground, at such as: anchor, or adrift in the Sanctuary. (1) The applicant is qualified to con- (15) Leaving harmful matter aboard a duct and complete the proposed activ- grounded or deserted vessel in the ity; Sanctuary. (2) The applicant has adequate finan- (16) Anchoring a vessel in a des- cial resources available to conduct and ignated seagrass protection zone in complete the proposed activity; Tomales Bay, except as necessary for (3) The methods and procedures pro- mariculture operations conducted pur- posed by the applicant are appropriate suant to a valid lease, permit or li- to achieve the goals of the proposed ac- cense. The coordinates for the no-an- tivity, especially in relation to the po- choring seagrass protection zones are tential effects of the proposed activity listed in appendix C to this subpart. on Sanctuary resources and qualities; (b) All activities currently carried (4) The proposed activity will be con- out by the Department of Defense ducted in a manner compatible with within the Sanctuary are essential for the primary objective of protection of the national defense and, therefore, not Sanctuary resources and qualities, con- subject to the prohibitions in this sec- sidering the extent to which the con- tion. The exemption of additional ac- duct of the activity may diminish or

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enhance Sanctuary resources and called for in this section shall be pre- qualities, any potential indirect, sec- sumed unless the Director acts to deny ondary or cumulative effects of the ac- or condition certification within 60 tivity, and the duration of such effects; days from the date that the Director (5) The proposed activity will be con- receives notice of the proposed permit ducted in a manner compatible with and the necessary supporting data. The the value of the Sanctuary, considering Director may amend, suspend, or re- the extent to which the conduct of the voke any certification made under this activity may result in conflicts be- section whenever continued operation tween different users of the Sanctuary, would violate any terms or conditions and the duration of such effects; of the certification. Any such action (6) It is necessary to conduct the pro- shall be forwarded in writing to both posed activity within the Sanctuary; (7) The reasonably expected end value the holder of the certified permit and of the proposed activity to the further- the issuing agency and shall set forth ance of Sanctuary goals and purposes reason(s) for the action taken. outweighs any potential adverse effects APPENDIX A TO SUBPART H OF PART on Sanctuary resources and qualities from the conduct of the activity; and 922—GULF OF THE FARALLONES NA- (8) Any other factors as the Director TIONAL MARINE SANCTUARY BOUND- deems appropriate. ARY COORDINATES (d) Applications. (1) Applications for Coordinates listed in this Appendix are permits should be addressed to the Di- unprojected (Geographic) and based on the rector, Office of National Marine Sanc- North American Datum of 1983. tuaries; ATTN: Superintendent, Gulf of the Farallones National Marine Sanc- Point ID No. Sanctuary Latitude Longitude tuary, 991 Marine Dr., The Presidio, Boundary San Francisco, CA 94129. (2) In addition to the information 1 ...... 38.29896 ¥123.05989 listed in § 922.48(b), all applications 2 ...... 38.26390 ¥123.18138 ¥ must include information to be consid- 3 ...... 38.21001 123.11913 4 ...... 38.16576 ¥123.09207 ered by the Director in paragraph (b) 5 ...... 38.14072 ¥123.08237 and (c) of this section. 6 ...... 38.12829 ¥123.08742 (e) The permittee must agree to hold 7 ...... 38.10215 ¥123.09804 the United States harmless against any 8 ...... 38.09069 ¥123.10387 claims arising out of the conduct of the 9 ...... 38.07898 ¥123.10924 ¥ permitted activities. 10 ...... 38.06505 123.11711 11 ...... 38.05202 ¥123.12827 ¥ § 922.84 Certification of other permits. 12 ...... 37.99227 123.14137 13 ...... 37.98947 ¥123.23615 A permit, license, or other authoriza- 14 ...... 37.95880 ¥123.32312 tion allowing: the laying of any pipe- 15 ...... 37.90464 ¥123.38958 line related to hydrocarbon operations 16 ...... 37.83480 ¥123.42579 ¥ in leases adjacent to the Sanctuary and 17 ...... 37.76687 123.42694 18 ...... 37.75932 ¥123.42686 placed at a distance greater than 2 nmi 19 ...... 37.68892 ¥123.39274 from the Farallon Islands, Bolinas La- 20 ...... 37.63356 ¥123.32819 goon, and any ASBS must be certified 21 ...... 37.60123 ¥123.24292 by the Director as consistent with the 22 ...... 37.59165 ¥123.22641 purpose of the Sanctuary and having 23 ...... 37.56305 ¥123.19859 no significant effect on Sanctuary re- 24 ...... 37.52001 ¥123.12879 ¥ sources. Such certification may impose 25 ...... 37.50819 123.09617 26 ...... 37.49418 ¥123.00770 terms and conditions as deemed appro- 27 ...... 37.50948 ¥122.90614 priate to ensure consistency. In consid- 28 ...... 37.52988 ¥122.85988 ering whether to make the certifi- 29 ...... 37.57147 ¥122.80399 cations called for in this section, the 30 ...... 37.61622 ¥122.76937 Director may seek and consider the 31 ...... 37.66641 ¥122.75105 ¥ views of any other person or entity, 32 ...... 37.88225 122.62753 within or outside the Federal government, and may hold a public hearing as [75 FR 53569, Sept. 1, 2010] deemed appropriate. Any certification

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APPENDIX B TO SUBPART H OF PART straight line that connects points 2 and 3, 922—2 NMI FROM THE FARALLON IS- the western boundary is a straight line that LANDS BOUNDARY COORDINATES connects points 3 and 4 and the northern boundary is a straight line that connects Coordinates listed in this appendix are point 4 to point 5. All coordinates are in the unprojected (Geographic) and based on the Geographic Coordinate System relative to North American Datum of 1983. the North American Datum of 1983.

Point ID No. (2 nmi from the Zone 1 Point ID Latitude Longitude Farallon Islands Boundary) Latitude Longitude 1 ...... 38.10571 ...... ¥122.84565 0 ...... 37.77670 ¥123.14954 2 ...... 38.09888 ...... ¥122.83603 1 ...... 37.78563 ¥123.14632 3 ...... 38.09878 ...... ¥122.84431 ¥ 2 ...... 37.79566 123.13764 4 ...... 38.10514 ...... ¥122.84904 ¥ 3 ...... 37.80296 123.12521 5 ...... Same as 1 ..... Same as 1. 4 ...... 37.80609 ¥123.11189 5 ...... 37.80572 ¥123.09847 6 ...... 37.80157 ¥123.08484 ZONE 2: Zone 2 is an area of approximately 7 ...... 37.79776 ¥123.07836 50.3 hectares that begins just south of Mar- 8 ...... 37.79368 ¥123.06992 coni and extends approximately 3 kilometers 9 ...... 37.78702 ¥123.06076 south along the eastern shore of Tomales 10 ...... 37.77905 ¥123.05474 Bay. The eastern boundary is the mean high ¥ 11 ...... 37.77014 123.05169 water (MHW) line from point 1 to point 2 12 ...... 37.76201 ¥123.05151 13 ...... 37.75758 ¥123.05248 listed in the coordinate table below. The 14 ...... 37.76078 ¥123.04115 southern boundary is a straight line that 15 ...... 37.76151 ¥123.02803 connects point 2 to point 3. The western 16 ...... 37.75898 ¥123.01527 boundary is a series of straight lines that 17 ...... 37.75267 ¥123.00303 connect points 3 through 6 in sequence and ¥ 18 ...... 37.74341 122.99425 then connects point 6 to point 1. All coordi- 19 ...... 37.73634 ¥122.99017 20 ...... 37.73036 ¥122.97601 nates are in the Geographic Coordinate Sys- 21 ...... 37.72042 ¥122.96548 tem relative to the North American Datum 22 ...... 37.70870 ¥122.95890 of 1983. 23 ...... 37.69737 ¥122.95720 24 ...... 37.68759 ¥122.95882 Zone 2 Point ID Latitude Longitude 25 ...... 37.67768 ¥122.96469 26 ...... 37.66905 ¥122.97427 1 ...... 38.14071 ¥122.87440 27 ...... 37.66352 ¥122.98478 2 ...... 38.11601 ¥122.85820 28 ...... 37.66037 ¥122.99741 3 ...... 38.11386 ¥122.85851 29 ...... 37.66029 ¥123.00991 4 ...... 38.11899 ¥122.86731 ¥ 30 ...... 37.66290 123.02133 5 ...... 38.12563 ¥122.86480 ¥ 31 ...... 37.67102 123.03830 6 ...... 38.12724 ¥122.86488 ¥ 32 ...... 37.67755 123.04612 7 ...... 38.13326 ¥122.87178 ¥ 33 ...... 37.68844 123.05334 8 ...... Same as 1. Same as 1. 34 ...... 37.69940 ¥123.05567 35 ...... 37.71127 ¥123.06858 36 ...... 37.72101 ¥123.07329 ZONE 3: Zone 3 is an area of approximately 37 ...... 37.73167 ¥123.07399 4.6 hectares that begins just south of Mar- 38 ...... 37.73473 ¥123.07340 shall and extends approximately 1 kilometer 39 ...... 37.73074 ¥123.08620 south along the eastern shore of Tomales 40 ...... 37.73010 ¥123.09787 ¥ Bay. The eastern boundary is the mean high 41 ...... 37.73265 123.11296 water (MHW) line from point 1 to point 2 42 ...... 37.73685 ¥123.12315 43 ...... 37.74273 ¥123.13124 listed in the coordinate table below. The 44 ...... 37.74725 ¥123.13762 southern boundary is a straight line that 45 ...... 37.75467 ¥123.14466 connects point 2 to point 3, the western 46 ...... 37.76448 ¥123.14917 boundary is a straight line that connects 47 ...... 37.77670 ¥123.14954 point 3 to point 4, and the northern boundary is a straight line that connects point 4 to APPENDIX C TO SUBPART H OF PART point 5. All coordinates are in the Geo- 922—NO-ANCHORING SEAGRASS PRO- graphic Coordinate System relative to the North American Datum of 1983. TECTION ZONES IN TOMALES BAY Coordinates listed in this appendix are Zone 3 Point ID Latitude Longitude unprojected (Geographic) and based on the 1 ...... 38.16031 ...... ¥122.89442 North American Datum of 1983. 2 ...... 38.15285 ...... ¥122.88991 Table C–1: Zone 1: 3 ...... 38.15250 ...... ¥122.89042 Zone 1 is an area of approximately 39.9 hec- 4 ...... 38.15956 ...... ¥122.89573 tares offshore south of Millerton Point. The 5 ...... Same as 1 ..... Same as 1. eastern boundary is a straight line that connects points 1 and 2 listed in the coordinate ZONE 4: Zone 4 is an area of approximately table below. The southern boundary is a 61.8 hectares that begins just north of Nicks

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Cove and extends approximately 5 kilo- along the western shore of Tomales Bay. The meters south along the eastern shore of western boundary follows the mean high Tomales Bay to just south of Cypress Grove. water (MHW) line from point 1 northward to The eastern boundary is the mean high point 2 listed in the coordinate table below. water (MHW) line from point 1 to point 2 The northern boundary is a straight line listed in the coordinate table below. The that connects point 2 to point 3. The eastern southern boundary is a straight line that boundary is a straight line that connects connects point 2 to point 3. The western point 3 to point 4. The southern boundary is boundary is a series of straight lines that a straight line that connects point 4 to point connect points 3 through 9 in sequence. The 5. All coordinates are in the Geographic Co- northern boundary is a straight line that ordinate System relative to the North Amer- connects point 9 to point 10. All coordinates ican Datum of 1983. are in the Geographic Coordinate System relative to the North American Datum of Zone 6 Point ID Latitude Longitude 1983. 1 ...... 38.13811 ...... ¥122.89603 2 ...... 38.14040 ...... ¥122.89676 Zone 4 Point ID Latitude Longitude 3 ...... 38.14103 ...... ¥122.89537 4 ...... 38.13919 ...... ¥122.89391 1 ...... 38.20073 ¥122.92181 5 ...... Same as 1 ..... Same as 1. 2 ...... 38.16259 ¥122.89627 3 ...... 38.16227 ¥122.89650 4 ...... 38.16535 ¥122.90308 ZONE 7: Zone 7 is an area of approximately 5 ...... 38.16869 ¥122.90475 32.16 hectares that begins just south of Peb- 6 ...... 38.17450 ¥122.90545 ble Beach and extends approximately 3 kilo- 7 ...... 38.17919 ¥122.91021 meters south along the western shore of ¥ 8 ...... 38.18651 122.91404 Tomales Bay. The western boundary is the 9 ...... 38.18881 ¥122.91740 10 ...... 38.20004 ¥122.92315 mean high water (MHW) line from point 1 to 11 ...... Same as 1 Same as 1 point 2 listed in the coordinate table below. The northern boundary is a straight line ZONE 5: Zone 5 is an area of approximately that connects point 2 to point 3. The eastern 461.4 hectares that begins east of Lawsons boundary is a series of straight lines that Landing and extends approximately 5 kilo- connect points 3 through 7 in sequence. The meters east and south along the eastern southern boundary is a straight line that shore of Tomales Bay but excludes areas ad- connects point 7 to point 8. All coordinates jacent (approximately 600 meters) to the are in the Geographic Coordinate System mouth of Walker Creek. The boundary fol- relative to the North American Datum of lows the mean high water (MHW) mark from 1983. point 1 and trends in a southeast direction to point 2 listed in the coordinate table below. Zone 7 Point ID Latitude Longitude From point 2 the boundary trends westward 1 ...... 38.11034 ...... ¥122.86544 in a straight line to point 3, then trends 2 ...... 38.13008 ...... ¥122.88742 southward in a straight line to point 4 and 3 ...... 38.13067 ...... ¥122.88620 then trends eastward in a straight line to 4 ...... 38.12362 ...... ¥122.87984 point 5. The boundary follows the mean high 5 ...... 38.11916 ...... ¥122.87491 ¥ water line from point 5 southward to point 6. 6 ...... 38.11486 ...... 122.86896 7 ...... 38.11096 ...... ¥122.86468 The southern boundary is a straight line 8 ...... Same as 1 ..... Same as 1. that connects point 6 to point 7. The eastern boundary is a series of straight lines that connect points 7 to 9 in sequence and then [73 FR 70529, Nov. 20, 2008, as amended at 75 connects point 9 to point 10. All coordinates FR 53569, Sept. 1, 2010] are in the Geographic Coordinate System relative to the North American Datum of Subpart I—Gray’s Reef National 1983. Marine Sanctuary Zone 5 Point ID Latitude Longitude SOURCE: 71 FR 60063, Oct. 12, 2006, unless 1 ...... 38.23122 ...... ¥122.96300 2 ...... 38.21599 ...... ¥122.93749 otherwise noted. 3 ...... 38.20938 ...... ¥122.94153 4 ...... 38.20366 ...... ¥122.93246 § 922.90 Boundary. 5 ...... 38.20515 ...... ¥122.92453 6 ...... 38.20073 ...... ¥122.92181 The Gray’s Reef National Marine 7 ...... 38.19405 ...... ¥122.93477 Sanctuary (Sanctuary) consists of ap- 8 ...... 38.20436 ...... ¥122.94305 proximately 16.68 square nautical miles 9 ...... 38.21727 ...... ¥122.96225 10 ...... Same as 1 ..... Same as 1. of ocean waters and the submerged lands thereunder, off the coast of Geor- ZONE 6: Zone 6 is an area of approximately gia. The Sanctuary boundary includes 3.94 hectares in the vicinity of Indian Beach all waters and submerged lands within

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the geodetic lines connecting the fol- (3) Discharging or depositing any ma- lowing coordinates: terial or other matter except: (i) Fish or fish parts, bait, or chum- Datum: NAD83 ming materials; Geographic Coordinate System (ii) Effluent from marine sanitation (1) N 31.362732 degrees W 80.921200 de- devices; and grees (iii) Vessel cooling water. (2) N 31.421064 degrees W 80.921201 de- (4) Operating a watercraft other than grees in accordance with the Federal rules (3) N 31.421064 degrees W 80.828145 de- and regulations that would apply if grees there were no Sanctuary. (4) N 31.362732 degrees W 80.828145 de- (5)(i) Injuring, catching, harvesting, grees or collecting, or attempting to injure, (5) N 31.362732 degrees W 80.921200 de- catch, harvest, or collect, any marine grees organism, or any part thereof, living or dead, within the Sanctuary by any § 922.91 Definitions. means except by use of rod and reel, and handline gear; In addition to those definitions found (ii) There shall be a rebuttable pre- at § 922.3, the following definitions sumption that any marine organism or apply to this subpart: part thereof referenced in this para- Handline means fishing gear that is graph found in the possession of a per- set and pulled by hand and consists of son within the Sanctuary has been col- one vertical line to which may be at- lected from the Sanctuary. tached leader lines with hooks. (6) Using any fishing gear within the Rod and reel means a rod and reel Sanctuary except rod and reel, and unit that is not attached to a vessel, handline gear, or for law enforcement or, if attached, is readily removable, purposes. from which a line and attached hook(s) (7) Using underwater any explosives, are deployed. The line is payed out or devices that produce electric from and retrieved on the reel manu- charges underwater. ally or electrically. (8) Breaking, cutting, damaging, tak- Stowed and not available for immediate ing, or removing any bottom forma- use means not readily accessible for tion. immediate use, e.g., by being securely (9) Moving, removing, damaging, or covered and lashed to a deck or bulk- possessing, or attempting to move, re- head, tied down, unbaited, unloaded, move, damage, or possess, any Sanc- partially disassembled, or stowed for tuary historical resource. transit. (10) Anchoring any vessel in the Sanctuary, except as provided in § 922.92 Prohibited or otherwise regu- § 922.92 when responding to an emer- lated activities—Sanctuary-wide. gency threatening life, property, or the (a) Except as specified in paragraphs environment. (b) through (d) of this section and in (11) Possessing or carrying any fish- § 922.94 regarding additional prohibi- ing gear within the Sanctuary except: tions in the research area, the fol- (i) Rod and reel, and handline gear; lowing activities are prohibited and (ii) Fishing gear other than rod and thus are unlawful for any person to reel, handline gear, and spearfishing conduct or to cause to be conducted gear, provided that it is stowed on a within the Sanctuary: vessel and not available for immediate (1) Dredging, drilling into, or other- use; wise altering in any way the sub- (iii) Spearfishing gear provided that merged lands of the Sanctuary (includ- it is stowed on a vessel, not available ing bottom formations). for immediate use, and the vessel is (2) Constructing any structure other passing through the Sanctuary without than a navigation aid, or constructing, interruption; and placing, or abandoning any structure, (iv) For law enforcement purposes. material, or other matter on the sub- (b) All activities currently carried merged lands of the Sanctuary. out by the Department of Defense

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within the Sanctuary are essential for (2) The applicant has adequate finan- the national defense and, therefore, not cial resources available to conduct and subject to the prohibitions in this sec- complete the proposed activity; tion and § 922.94. The exemption of ad- (3) The duration of the proposed ac- ditional activities having significant tivity is no longer than necessary to impacts shall be determined in con- achieve its stated purpose; sultation between the Director and the (4) The methods and procedures pro- Department of Defense. posed by the applicant are appropriate (c) The prohibitions in this section to achieve the proposed activity’s goals and in § 922.94 do not apply to any ac- in relation to the activity’s impacts on tivity conducted under and in accord- Sanctuary resources and qualities; ance with the scope, purpose, terms, (5) The proposed activity will be con- and conditions of a National Marine ducted in a manner compatible with Sanctuary permit issued pursuant to 15 the primary objective of protection of CFR 922.48 and 922.93. Sanctuary resources and qualities, con- (d) The prohibitions in this section sidering the extent to which the con- and in § 922.94 do not apply to any ac- duct of the activity may diminish or tivity necessary to respond to an emer- enhance Sanctuary resources and gency threatening life, property, or the qualities, any indirect, secondary or environment. cumulative effects of the activity, and [76 FR 63832, Oct. 14, 2011] the duration of such effects; (6) The proposed activity will be con- § 922.93 Permit procedures and cri- ducted in a manner compatible with teria. the value of the Sanctuary as a source (a) A person may conduct an activity of recreation, or as a source of edu- prohibited by § 922.92(a)(1) through (10) cational or scientific information con- and § 922.94 if conducted in accordance sidering the extent to which the con- within the scope, purpose, manner, duct of the activity may result in con- terms and conditions of a permit issued flicts between different users of the under this section and § 922.48. Sanctuary, and the duration of such ef- (b) Applications for such permits fects; should be addressed to the Director, (7) It is necessary to conduct the pro- National Marine Sanctuary Program, posed activity within the Sanctuary to ATTN: Manager, Gray’s Reef National achieve its purposes; Marine Sanctuary, 10 Ocean Science (8) The reasonably expected end value Circle, Savannah, GA 31411. of the activity to the furtherance of (c) The Director, at his or her discre- Sanctuary goals and purposes out- tion may issue a permit, subject to weighs any potential adverse impacts such terms and conditions as he or she on Sanctuary resources and qualities deems appropriate, to conduct an ac- from the conduct of the activity; and tivity prohibited by § 922.92(a)(1) (9) There are no other factors that through (10). The Director must also make the issuance of a permit for the find that the activity will: activity inappropriate. (1) Further research related to the re- (e) It shall be a condition of any per- sources and qualities of the Sanctuary; mit issued that the permit or a copy (2) Further the educational, natural, thereof be displayed on board all ves- or historical resource value of the sels or aircraft used in the conduct of Sanctuary; the activity. (3) Further salvage or recovery oper- (f) The Director shall, inter alia, ations in connection with a recent air make it a condition of any permit or marine casualty; or issued that any data or information ob- (4) Assist in managing the Sanc- tained under the permit be made avail- tuary. able to the public. (d) The Director shall not issue a per- (g) The Director may, inter alia, mit unless the Director also finds that: make it a condition of any permit (1) The applicant is professionally issued to require the submission of one qualified to conduct and complete the or more reports of the status and proposed activity; progress of such activity.

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(h) The Director may, inter alia, unless such gear is stowed and not make it a condition of any permit available for immediate use while on issued that a NOAA official be allowed board a vessel transiting through the to observe any activity conducted research area without interruption or under the permit and/or that the per- for valid law enforcement purposes. mit holder submit one or more reports (c) Diving. on the status, progress or results of (d) Stopping a vessel in the research any activity authorized by the permit. area. [71 FR 60063, Oct. 12, 2006, as amended at 76 [76 FR 63832, Oct. 14, 2011] FR 63832, Oct. 14, 2011] APPENDIX A TO SUBPART I OF PART 922— § 922.94 Prohibited or otherwise regu- BOUNDARY COORDINATES FOR THE lated activities—Research area. GRAY’S REEF NATIONAL MARINE In addition to the prohibitions set SANCTUARY RESEARCH AREA out in § 922.92, which apply throughout the Sanctuary, the following activities [Coordinates listed in this Appendix are are prohibited and thus unlawful for unprojected (Geographic) and based on the any person to conduct or cause to be North American Datum of 1983.] conducted within the research area de- The research area boundary is defined by scribed in Appendix A to this subpart. the coordinates provided in Table 1 and the following textual description. The research (a)(1) Injuring, catching, harvesting, area boundary extends from Point 1, the or collecting, or attempting to injure, southwest corner of the sanctuary, to Point catch, harvest, or collect, any marine 2 along a straight line following the western organism, or any part thereof, living or boundary of the Sanctuary. It then extends dead. along a straight line from Point 2 to Point 3, (2) There shall be a rebuttable pre- which is on the eastern boundary of GRNMS. sumption that any marine organism or The boundary then follows the eastern part thereof referenced in this para- boundary line of the sanctuary southward graph found in the possession of a per- until it intersects the line of the southern boundary of GRNMS at Point 4, the south- son within the research area has been eastern corner of the sanctuary. The last collected from the research area. straight line is defined by connecting Point (b) Using any fishing gear, or pos- 4 and Point 5, along the southern boundary sessing, or carrying any fishing gear of the GRNMS.

TABLE 1—COORDINATES FOR THE RESEARCH AREA

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

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

[76 FR 63832, Oct. 14, 2011] tuary of American Samoa (Sanctuary). Neither the provisions of this subpart J Subpart J—National Marine nor any permit issued under its author- Sanctuary of American Samoa ity shall be construed to relieve a person from any other requirements imposed by statute or regulation of the SOURCE: 77 FR 43962, July 26, 2012, unless otherwise noted. Territory of American Samoa or of the United States. In addition, no statute § 922.100 Scope of regulations. or regulation of the Territory of Amer- ican Samoa shall be construed to re- The provisions of this subpart J lieve a person from the restrictions, apply only to the waters of the United conditions, and requirements contained States and the Territory of American in this subpart J. Samoa that are located within the boundary of the National Marine Sanc-

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§ 922.101 Boundary. line at the southern tip of Ma’ama’a The Sanctuary is comprised of six Cove. The landward boundary of Zone distinct units, forming a network of A is defined by the mean high high marine protected areas around the is- water line from this intersection point lands of the Territory of American at the southern tip of Ma’ama’a Cove Samoa. Tables containing the exact co- to the intersection of the mean high ordinates of each point described below high water line and the straight line can be found in Appendix to Subpart between Point 6 and Point 7 at J—National Marine Sanctuary of Salevatia Point. From this intersec- American Samoa Boundary Coordi- tion point at Salevatia Point, the nates. boundary extends straight west to (a) Fagatele Bay Unit. The Fagatele Point 7, which has the exact same co- Bay Unit is a 163-acre (0.25 sq. mi.) ordinates as Point 1. coastal embayment formed by a col- (2) Zone B. The Aunu’u Unit bound- lapsed volcanic crater on the island of ary for Zone B is defined by the coordi- Tutuila, Territory of American Samoa, nates provided in Table 2 and the fol- and includes Fagatele Bay in its en- lowing textual description. The Zone B tirety. The landward boundary is de- boundary extends from Point 1, the fined by the mean high high water line northeast corner of the unit, southward of Fagatele Bay until the point at along a straight line following the which it intersects the seaward bound- eastern boundary of the unit to Point ary of the Sanctuary as defined by a 2, which is on the southern boundary of straight line between Fagatele Point the unit. The southern boundary then (¥14.36527, ¥170.76932) and Steps Point follows a line westward towards Point 3 (¥14.37291, ¥170.76056) from the point until it intersects the mean high high at which it intersects the mean high water line at the southern tip of high water line seaward. Ma’ama’a Cove Point. The landward (b) Fagalua/Fogama’a Unit. The land- boundary of Zone B is defined by the ward boundary of the Fagalua/ mean high high water line from this Fogama’a Unit is defined by the mean intersection point at the southern tip high high water line of Fagalua/ of Ma’ama’a Cove around the volcanic Fogama’a until the point at which it crater to the intersection of the mean intersects the seaward boundary of the high high water line and the straight Fagalua/Fogama’a Unit as defined by a line between Point 4 and Point 5. From straight line between Steps Point here, the boundary extends seaward (¥14.37307, ¥170.75852) and Sail Rock straight north to Point 5. The northern Point (¥14.36534, ¥170.74119) from the border, the last straight line, is defined point at which it intersects the mean by connecting Point 5 and Point 6, high high water line seaward. along the northern boundary of the (c) Aunu’u Unit. The Aunu’u Unit is unit, which is aligned with Matuli comprised of two adjacent zones. Point on Tutuila. Point 6 has the exact (1) Zone A. The Aunu’u Unit bound- same coordinates at Point 1. ary for Zone A is defined by the coordi- (d) Swains Island Unit. The Swains Is- nates provided in Table 1 and the fol- land Unit boundary is defined by the lowing textual description. The Zone A coordinates provided in Table 3 and the boundary extends from Point 1, the following textual description. The northwest corner of the unit, south- landward boundary of the Swains Is- ward to Point 2 along a straight line land Unit is the mean high high water following the western boundary of the line. The seaward boundary of the unit, which is aligned with Swains Island Unit is the territorial Taugamalama Point on Tutuila. It water boundary 3 nautical miles from then extends northeastward in a multi- the mean high high water line that sur- part line along the deepest seaward rounds the island. Within that area edge of Nafanua Bank from Point 2 to surrounding the island, there are two Point 3 and then to Point 4, which lies areas excluded from the sanctuary on the southern boundary of Zone B. boundaries. The first excluded are ex- The boundary then follows a straight tends from Point 1 along the mean high line westward towards Point 5 until it high water line northward along the intersects the mean high high water western coast of the island to Point 2.

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From Point 2, the boundary extends Point 3 to become conterminous with offshore in a line perpendicular to the the offshore boundary of the National coast to Point 3. From Point 3, the Park of American Samoa. From Point boundary extends south-southwest to 3 the boundary continues to follow the Point 4, and from Point 4 the boundary coastline 0.25 miles offshore until it extends south-southeast to Point 5. reaches Point 4, which is directly south From there, the boundary extends of Si’u Point. From Point 4, the bound- landward in a straight line to Point 6. ary extends due south to Point 5. From The second excluded area extends from Point 5, the boundary extends due west Point 7 along the mean high high water to Point 6, forming the southern border line northeastward along the south- of the unit. From Point 6, the boundary eastern coast to Point 8. From Point 8, extends due north until it reaches the boundary extends offshore in a per- Point 7, directly west and one mile off- pendicular line to the coast to Point 9. shore from Point 8, which is Point 1, From Point 9, the boundary extends also known as Vaita Point. south-southwest to Point 10. From there, the boundary extends landward § 922.102 Definitions. in a straight line to Point 11. In addition to those definitions found (e) Mulia¯ va Unit. The Mulia¯ va Unit at § 922.3, the following definitions boundary is defined by the coordinates apply to this subpart: provided in Table 4 and the following Clean means not containing detect- textual description. The landward able levels of harmful matter. boundary of the Mulia¯ va Unit is the ex- Fishing means the catching, taking, treme low water line, which adjoins the or harvesting of marine species; the at- boundary of the Rose Atoll National tempted catching, taking, or har- Wildlife Refuge. The Mulia¯ va Unit sea- vesting of marine species; any other ac- ward boundary extends from Point 1, tivity which can reasonably be ex- the southwest corner of the unit, to pected to result in the catching, tak- Point 2 along a straight line northward ing, or harvesting of marine species; or following the western boundary of the any operation at sea in support of, or unit. From Point 2, the line extends in in preparation for, any activity de- a straight line westward to Point 3. It scribed in this definition. then extends along a straight line Harmful matter means any substance, northward to Point 4. From Point 4, or combination of substances that, be- the line extends in a straight line east- cause of its quantity, concentration, or ward to Point 5. From Point 5, the line physical, chemical, or infectious char- extends along a straight line north- acteristics, may pose a present or po- ward to Point 6. It then extends along tential threat to Sanctuary resources a straight line eastward from Point 6 or qualities, including but not limited to Point 7, which is on the eastern to: fishing nets, fishing line, hooks, boundary of the unit. The boundary fuel, oil, and those contaminants (re- then follows a straight line southward gardless of quantity) listed at 40 CFR until it intersects the line of the south- 302.4 pursuant to 42 U.S.C. 101(14) of the ern boundary of the unit at Point 8, the Comprehensive Environmental Re- southeastern corner of the unit. The sponse, Compensation, and Liability last straight line is defined by con- Act. necting Point 8 and Point 9, which has Introduced species means any species the exact same coordinates as Point 1, (including, but not limited to, any of along the southern boundary of the its biological matter capable of propa- unit. gation) that is nonnative to the eco- (f) Ta’u Unit. The Ta’u Unit boundary system(s) protected by the Sanctuary; is defined by the coordinates provided or any organism into which altered ge- in Table 5 and the following textual de- netic matter, or genetic matter from scription. The Ta’u Unit boundary ex- another species, has been transferred in tends from Point 1, Vaita Point, along order that the host organism acquires the mean high high water line south- the genetic traits of the transferred ward along the western coast to Point genes. 2, Si’ufa’alele Point. From Point 2, the Live rock means any Coral, basalt boundary extends offshore 0.25 miles to rock, or other natural structure with

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any living organisms growing in or on (10) Sand mining, dredging, filling, the Coral, basalt rock, or structure. dynamiting, or otherwise disturbing or Stowed and not available for immediate altering the seabed. use means not readily accessible for (11) Removing, damaging, or tam- immediate use, e.g., by being securely pering with any historical or cultural covered and lashed to a deck or bulk- resource. head, tied down, unbaited, unloaded, or (12) Taking any marine mammal, sea partially disassembled (such as spear turtle, or seabird within or above the shafts being kept separate from spear Sanctuary, except as authorized by the guns). Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et § 922.103 Prohibited or otherwise reg- seq., Endangered Species Act, as ulated activities—Sanctuary-wide. amended, (ESA), 16 U.S.C. 1531 et seq., (a) The following activities are pro- Migratory Bird Treaty Act, as amend- hibited and thus are unlawful for any ed, (MBTA), 16 U.S.C. 703 et seq., or any person to conduct or to cause to be regulation, as amended, promulgated conducted within the Sanctuary: under the MMPA, ESA, or MBTA. (1) Introducing or releasing intro- (13) Using or discharging explosives duced species from within or into the or weapons of any description. Distress sanctuary. signaling devices, necessary and proper (2) Anchoring a vessel. for safe vessel operation, and knives (3) Deserting a vessel aground, adrift, generally used by fishermen and swim- or at anchor. mers shall not be considered weapons (4) Leaving harmful matter on an for purposes of this section. abandoned or deserted vessel or struc- (14) Marking, defacing, or damaging ture. in any way, or displacing or removing (5) Operating a vessel at a speed ex- or tampering with any signs, notices, ceeding three knots when closer than or placards, whether temporary or per- 200 feet (60.96 meters) of another vessel manent, or with any monuments, displaying a dive flag. stakes, posts, or other boundary mark- (6) Operating a vessel in a manner ers related to the Sanctuary. which causes the vessel to strike or (15) Abandoning a structure, mate- otherwise cause damage to Sanctuary rial, or other matter on or in the sub- resources. merged lands of the Sanctuary. (7) Diving, snorkeling, or conducting (b) The prohibitions in paragraphs diving or snorkeling operations from a (a)(1) through (15) of this section, vessel not in compliance with applica- § 922.104, and § 922.105 do not apply to ble U.S. Coast Guard navigation rules any activity necessary for national de- governing the display of lights and sig- fense. nals, and not flying in a conspicuous (c) The prohibitions in paragraphs manner the international code flag (a)(2) through (15) of this section, alpha ‘‘A’’ or the standard red-and- § 922.104, and § 922.105 do not apply to white U.S. ‘‘diver down’’ flag. any activity necessary to respond to an (8) Discharging, or depositing from emergency threatening life, property, within or into the Sanctuary, any ma- or the environment. terial or other matter, except clean (d) The prohibitions in paragraphs vessel deck wash down, clean vessel en- (a)(2) through (15) of this section, gine cooling water, clean vessel gener- § 922.104, and § 922.105 do not apply to ator cooling water, clean bilge water, any activity necessary for valid law en- anchor wash, or vessel engine or gener- forcement purposes in the Sanctuary. ator exhaust. (e) The prohibitions in paragraphs (9) Discharging or depositing from be- (a)(2) through (15) of this section, yond the boundary of the Sanctuary § 922.104, and § 922.105 do not apply to any material or other matter that sub- any activity conducted under and in sequently enters the Sanctuary and in- accordance with the scope, purpose, jures a Sanctuary resource or quality, terms, and conditions of a National except those listed in paragraph (a)(8) Marine Sanctuary permit issued pursu- of this section and § 922.105(c). ant to 15 CFR 922.48 and 922.107.

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§ 922.104 Prohibited or otherwise reg- Sanctuary Superintendent or his/her ulated activities—Sanctuary-wide designee in the village of Aunu’u prior except in the Mulia¯ va Unit. to each fishing trip. (a) The following activities are pro- (2) In Zone B: hibited and thus are unlawful for any (i) Fishing for bottom-dwelling spe- person to conduct or to cause to be cies or otherwise harvesting, catching, conducted within any unit of the Sanc- removing, taking, injuring, destroying, tuary except the Mulia¯ va Unit: collecting, moving, or causing the loss (1) Gathering, taking, breaking, cut- of any bottom-dwelling species, or at- ting, damaging, destroying, or pos- tempting any of these activities. Sur- sessing any giant clam [Tridacna spp.], face fishing for pelagic species, includ- live coral, bottom formation including ing trolling, is allowed. live rock and crustose coralline algae. (ii) Disturbing the benthic commu- (2) Possessing or using poisons, elec- nity. trical charges, explosives, or similar (iii) Possessing any Sanctuary re- environmentally destructive methods source, except legally harvested fish on of fishing or harvesting. board a vessel. (3) Possessing or using spearguns, in- (c) In the Mulia¯ va Unit: cluding such devices known as Hawai- (1) The prohibitions in paragraphs ian slings, pole spears, arbalettes, (a)(2) through (7) and (a)(9) through (15) pneumatic and spring-loaded of § 922.103 do not apply to scientific ex- spearguns, bows and arrows, bang ploration or research activities con- sticks, or any similar taking device ducted by or for the Department of while utilizing SCUBA equipment. Commerce or the Department of the In- (4) Possessing or using a seine, tram- terior. mel, drift gill net, or any type of fixed (2) Notwithstanding the prohibition net. in § 922.103(a)(8), the following vessels (5) Disturbing the benthic commu- may discharge treated waste from a nity by bottom trawling. (b) There shall be a rebuttable pre- U.S. Coast Guard approved Type I, II, sumption that any items listed in para- or III Marine Sanitation device 12 nau- graph (a) of this section found in the tical miles seaward of the Rose Atoll possession of a person within the Sanc- National Wildlife Refuge: tuary have been used, collected, or re- (i) Vessels engaged in scientific ex- moved within or from the Sanctuary. ploration or research activities conducted by or for the Department of § 922.105 Prohibited or otherwise reg- Commerce or the Department of the In- ulated activities—Unit-specific. terior; or In addition to the prohibitions set (ii) All other vessels engaged in sci- forth in § 922.103 and § 922.104, the fol- entific exploration or research activi- lowing regulations apply to activities ties, if authorized under a permit conducted within specified Sanctuary issued in consultation with the U.S. units described in the appendix to this Fish and Wildlife Service and in ac- subpart. cordance with § 922.48 and § 922.107. (a) The following activities are prohibited in the Fagatele Bay Unit: § 922.106 Management and enforce- (1) Harvesting, catching, removing, ment. taking, injuring, destroying, col- The National Oceanic and Atmos- lecting, moving, possessing or causing pheric Administration (NOAA) has pri- the loss of any Sanctuary resource, in- mary responsibility for the manage- cluding but not limited to fishing, or ment of the Sanctuary pursuant to the attempting any of these activities. Act. The American Samoa Department (2) Possessing fishing gear unless of Commerce (ASDOC) will assist such gear is stowed and not available NOAA in the administration of the for immediate use. Sanctuary, and act as the lead terri- (b) The following activities are pro- torial agency, in conformance with the hibited in the Aunu’u Unit: terms of designation, these regula- (1) In Zone A: Fishing from a vessel tions, and the terms and provisions of without providing notification to the any grant or cooperative agreement.

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§ 922.107 Permit procedures and cri- been applied for pursuant to this sec- teria. tion, in whole or in part, and subject (a) Any person in possession of a the permit to such condition(s) as he or valid permit issued by the Director, in she deems necessary. consultation with the ASDOC, in ac- APPENDIX TO SUBPART J OF PART 922— cordance with this section and § 922.48, AMERICAN SAMOA NATIONAL MARINE may conduct an activity otherwise pro- SANCTUARY BOUNDARY COORDI- hibited by § 922.103, § 922.104, and NATES § 922.105 in the Sanctuary if such activity is judged not to cause long-term or [Coordinates listed in this Appendix are irreparable harm to the resources of unprojected (Geographic) and based on the the Sanctuary, and is: North American Datum of 1983.] (1) Related to research involving (a) Fagatele Bay Sanctuary resources designed to enhance understanding of the Sanctuary No coordinates are needed in addition to environment or to improve resource those described in § 922.101(a). management decisionmaking; (b) Fagalua/Fogama’a (2) Intended to further the edu- No coordinates are needed in addition to cational value of the Sanctuary and those described in § 922.101(b). thereby enhance understanding of the Sanctuary environmental or improve (c) Aunu’u (Zones A, B) resource management decisionmaking; The Aunu’u Unit is comprised of two adja- (3) Intended to further the manage- cent zones, described in § 922.101(c), for which ment of the Sanctuary; or the point coordinates are provided in fol- (4) For salvage or recovery oper- lowing tables 1 and 2. ations. (b) Permit applications shall be ad- TABLE 1—COORDINATES FOR THE AUNU’U UNIT, dressed to the Director, Office National ZONE A Marine Sanctuaries; ATTN: Sanctuary Latitude Longitude Superintendent, American Samoa Na- Point ID (south) (west) tional Marine Sanctuary, P.O. Box 1 ...... 14.286 S 170.577 W 4318, Pago Pago, AS 96799. 2 ...... 14.304 S 170.577 W (c) In considering whether to grant a 3 ...... 14.302 S 170.566 W permit, the Director shall evaluate 4 ...... 14.286 S 170.533 W such matters as: 5 ...... 14.286 S 170.546 W 6 ...... 14.286 S 170.562 W (1) The general professional and fi- 7 ...... 14.286 S 170.577 W nancial responsibility of the applicant; (2) The appropriateness of the meth- TABLE 2—COORDINATES FOR THE AUNU’U UNIT, ods being proposed for the purpose(s) of ZONE B the activity; (3) The extent to which the conduct Point ID Latitude (south) Longitude (west) of any permitted activity may dimin- 1 ...... 14.270 S 170.496 W ish or enhance the value of the Sanc- 2 ...... 14.286 S 170.496 W tuary as a source of recreation, edu- 3 ...... 14.286 S 170.546 W cation, or scientific information; and 4 ...... 14.280 S 170.550 W (4) The end value of the activity. 5 ...... 14.270 S 170.550 W 6 ...... 14.270 S 170.551 W (d) In addition to meeting the criteria in this section and § 922.48, the ap- (d) Swains Island plicant also must demonstrate to the Director that: The Swains Island Unit boundary is de- (1) The activity shall be conducted fined by the coordinates provided in Table 3 with adequate safeguards for the envi- and the textual description in § 922.101(d). ronment; and TABLE 3—COORDINATES FOR THE SWAINS (2) The environment shall be re- ISLAND UNIT turned to, or will regenerate to, the condition which existed before the ac- Point ID Latitude Longitude tivity occurred. (south) (west) (e) The Director may, at his or her 1 ...... 11.058639 171.08865 discretion, grant a permit which has 2 ...... 11.051669 171.089494

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TABLE 3—COORDINATES FOR THE SWAINS thereunder, off the northern coast of ISLAND UNIT—Continued California approximately 50 miles west-northwest of San Francisco, Cali- Latitude Longitude Point ID (south) (west) fornia. The Sanctuary boundary extends westward (approximately 250 de- 3 ...... 11.048561 171.092686 grees) from the northwestern most 4 ...... 11.054867 171.094453 5 ...... 11.060239 171.092825 point of the Gulf of the Farallones Na- 6 ...... 11.058639 171.08865 tional Marine Sanctuary (GFNMS) to 7 ...... 11.063967 171.075989 the 1,000 fathom isobath northwest of 8 ...... 11.058622 171.068617 Cordell Bank. The Sanctuary boundary 9 ...... 11.062167 171.066222 10 ...... 11.067414 171.073639 then generally follows this isobath in a 11 ...... 11.063967 171.075989 southerly direction to the westernmost point of the GFNMS boundary. (e) Mulia¯ va The Sanctuary boundary then follows The Mulia¯ Unit boundary is defined by the the GFNMS boundary again to the coordinates provided in Table 4 and the tex- northwestern corner of the GFNMS. tual description in § 922.101(e). The exact boundary coordinates are listed in appendix A to this subpart. TABLE 4—COORDINATES FOR THE MULIA¯VA UNIT § 922.111 Definitions. Latitude Longitude Point ID (south) (west) In addition to the definitions found in § 922.3, the following definitions 1 ...... 15.387 S 169.012 W 2 ...... 14.271 S 169.012 W apply to this subpart: 3 ...... 14.271 S 169.121 W Clean means not containing detect- 4 ...... 14.150 S 169.121 W able levels of harmful matter. 5 ...... 14.150 S 169.012 W Cruise ship means a vessel with 250 or 6 ...... 13.698 S 169.012 W 7 ...... 13.698 S 167.283 W more passenger berths for hire. 8 ...... 15.387 S 167.283 W Harmful matter means any substance, 9 ...... 15.387 S 169.12 or combination of substances, that be- cause of its quantity, concentration, or (f) Ta’u Unit physical, chemical, or infectious char- The Ta’u Unit boundary is defined by the acteristics may pose a present or po- coordinates provided in Table 5 and the tex- tential threat to Sanctuary resources tual description in § 922.101(f). or qualities, including but not limited to: fishing nets, fishing line, hooks, TABLE 5—COORDINATES FOR THE TA’U UNIT fuel, oil, and those contaminants (re- Latitude Longitude gardless of quantity) listed pursuant to Point ID (south) (west) 42 U.S.C. Introduced species means any species 1 ...... 14.24889 S 169.503056 W 2 ...... 14.273056 S 169.488056 W (including, but not limited to, any of 3 ...... 14.277222 S 169.488056 W its biological matter capable of propa- 4 ...... 14.261111 S 169.429167 W gation) that is non-native to the eco- 5 ...... 14.293889 S 169.429167 W 6 ...... 14.293889 S 169.519722 W systems of the Sanctuary; or any orga- 7 ...... 14.24889 S 169.519722 W nism into which altered genetic mat- 8 ...... 14.24889 S 169.503056 W ter, or genetic matter from another species, has been transferred in order that the host organism acquires the ge- Subpart K—Cordell Bank National netic traits of the transferred genes. Marine Sanctuary § 922.112 Prohibited or otherwise reg- SOURCE: 73 FR 70533, Nov. 20, 2008, unless ulated activities. otherwise noted. (a) The following activities are prohibited and thus are unlawful for any § 922.110 Boundary. person to conduct or to cause to be The Cordell Bank National Marine conducted within the Sanctuary: Sanctuary (Sanctuary) boundary en- (1)(i) Discharging or depositing from compasses a total area of approxi- within or into the Sanctuary, other mately 399 square nautical miles (nmi) than from a cruise ship, any material of ocean waters, and submerged lands or other matter except:

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(A) Fish, fish parts, or chumming sion of a person within the Sanctuary materials (bait), used in or resulting was taken or removed by that person. from lawful fishing activity within the (3) Exploring for, or developing or Sanctuary, provided that such dis- producing, oil, gas, or minerals in any charge or deposit is during the conduct area of the Sanctuary. of lawful fishing activity within the (4)(i) On or within the line rep- Sanctuary; resenting the 50-fathom isobath sur- (B) For a vessel less than 300 gross rounding Cordell Bank, drilling into, registered tons (GRT), or a vessel 300 dredging, or otherwise altering the sub- GRT or greater without sufficient hold- merged lands; or constructing, placing, ing tank capacity to hold sewage while or abandoning any structure, material within the Sanctuary, clean effluent or other matter on or in the submerged generated incidental to vessel use and lands. This prohibition does not apply generated by an operable Type I or II to use of bottom contact gear used dur- marine sanitation device (U.S. Coast ing fishing activities, which is prohib- Guard classification) approved in ac- ited pursuant to 50 CFR part 660 (Fish- cordance with section 312 of the Fed- eries off West Coast States). The co- eral Water Pollution Control Act, as ordinates for the line representing the amended, (FWPCA), 33 U.S.C. 1322. Ves- 50-fathom isobath are listed in appen- sel operators must lock all marine dix B to this subpart. sanitation devices in a manner that (ii) In the Sanctuary beyond the line prevents discharge or deposit of un- representing the 50-fathom isobath sur- treated sewage; rounding Cordell Bank, drilling into, (C) Clean vessel deck wash down, dredging, or otherwise altering the sub- clean vessel engine cooling water, merged lands; or constructing, placing, clean vessel generator cooling water, or abandoning any structure, material clean bilge water, or anchor wash; or or matter on the submerged lands ex- (D) Vessel engine or generator except as incidental and necessary for an- haust. choring any vessel or lawful use of any (ii) Discharging or depositing from within or into the Sanctuary any ma- fishing gear during normal fishing ac- terial or other matter from a cruise tivities. The coordinates for the line ship except clean vessel engine cooling representing the 50-fathom isobath are water, clean vessel generator cooling listed in appendix B to this subpart. water, vessel engine or generator ex- (5) Taking any marine mammal, sea haust, clean bilge water, or anchor turtle, or bird within or above the wash. Sanctuary, except as authorized by the (iii) Discharging or depositing, from Marine Mammal Protection Act, as beyond the boundary of the Sanctuary, amended, (MMPA), 16 U.S.C. 1361 et any material or other matter that sub- seq., Endangered Species Act, as sequently enters the Sanctuary and in- amended, (ESA), 16 U.S.C. 1531 et seq., jures a Sanctuary resource or quality, Migratory Bird Treaty Act, as amend- except as listed in paragraphs (a)(1)(i) ed, (MBTA), 16 U.S.C. 703 et seq., or any and (a)(1)(ii) of this section. regulation, as amended, promulgated (2) On or within the line representing under the MMPA, ESA, or MBTA. the 50-fathom isobath surrounding (6) Possessing within the Sanctuary Cordell Bank, removing, taking, or in- (regardless of where taken, moved or juring or attempting to remove, take, removed from), any marine mammal, or injure benthic invertebrates or algae sea turtle or bird taken, except as au- located on Cordell Bank. This prohibi- thorized by the MMPA, ESA, MBTA, tion does not apply to use of bottom by any regulation, as amended, pro- contact gear used during fishing activi- mulgated under the MMPA, ESA, or ties, which is prohibited pursuant to 50 MBTA, or as necessary for valid law CFR part 660 (Fisheries off West Coast enforcement purposes. States). The coordinates for the line (7) Introducing or otherwise releasing representing the 50-fathom isobath are from within or into the Sanctuary an listed in appendix B to this subpart. introduced species, except striped bass There is a rebuttable presumption that (Morone saxatilis) released during catch any such resource found in the posses- and release fishing activity.

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(b) The prohibitions in paragraph (a) (c) In deciding whether to issue a per- of this section do not apply to activi- mit, the Director shall consider such ties necessary to respond to an emer- factors as: gency threatening life, property or the (1) The applicant is qualified to con- environment, or except as may be per- duct and complete the proposed activ- mitted by the Director in accordance ity; with § 922.48 and § 922.113. (2) The applicant has adequate finan- (c) All activities being carried out by cial resources available to conduct and the Department of Defense (DOD) with- complete the proposed activity; in the Sanctuary on the effective date (3) The methods and procedures pro- of designation that are necessary for national defense are exempt from the posed by the applicant are appropriate prohibitions contained in the regula- to achieve the goals of the proposed actions in this subpart. Additional DOD tivity, especially in relation to the po- activities initiated after the effective tential effects of the proposed activity date of designation that are necessary on Sanctuary resources and qualities; for national defense will be exempted (4) The proposed activity will be con- by the Director after consultation be- ducted in a manner compatible with tween the Department of Commerce the primary objective of protection of and DOD. DOD activities not necessary Sanctuary resources and qualities, con- for national defense, such as routine sidering the extent to which the con- exercises and vessel operations, are duct of the activity may diminish or subject to all prohibitions contained in enhance Sanctuary resources and the regulations in this subpart. qualities, any potential indirect, sec- (d) Where necessary to prevent im- ondary or cumulative effects of the ac- mediate, serious, and irreversible dam- tivity, and the duration of such effects; age to a Sanctuary resource, any activ- (5) The proposed activity will be con- ity may be regulated within the limits ducted in a manner compatible with of the Act on an emergency basis for no the value of the Sanctuary, considering more than 120 days. the extent to which the conduct of the [73 FR 70533, Nov. 20, 2008, as amended at 75 activity may result in conflicts be- FR 53570, Sept. 1, 2010] tween different users of the Sanctuary, and the duration of such effects; § 922.113 Permit procedures and (6) It is necessary to conduct the pro- issuance criteria. posed activity within the Sanctuary; (a) A person may conduct an activity (7) The reasonably expected end value prohibited by § 922.112 if such activity of the proposed activity to the further- is specifically authorized by, and con- ance of Sanctuary goals and purposes ducted in accordance with the scope, outweighs any potential adverse effects purpose, terms and conditions of, a per- on Sanctuary resources and qualities mit issued under § 922.48 and this sec- from the conduct of the activity; and tion. (8) Any other factors as the Director (b) The Director, at his or her discre- deems appropriate. tion, may issue a national marine sanc- (d) Applications. (1) Applications for tuary permit under this section, sub- permits should be addressed to the Di- ject to terms and conditions, as he or rector, Office of National Marine Sanc- she deems appropriate, if the Director tuaries; ATTN: Superintendent, Cordell finds that the activity will: (1) Further research or monitoring Bank National Marine Sanctuary, P.O. related to Sanctuary resources and Box 159, Olema, CA 94950. qualities; (2) In addition to the information (2) Further the educational value the listed in § 922.48(b), all applications Sanctuary; must include information to be consid- (3) Further salvage or recovery oper- ered by the Director in paragraph (b) ations in or near the Sanctuary in con- and (c) of this section. nection with a recent air or marine (e) The permittee must agree to hold casualty; or the United States harmless against any (4) Assist in managing the Sanc- claims arising out of the conduct of the tuary. permitted activities.

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APPENDIX A TO SUBPART K OF PART and based on the North American Datum of 922—CORDELL BANK NATIONAL MA- 1983 (NAD83). RINE SANCTUARY BOUNDARY COORDI- NATES CORDELL BANK FIFTY FATHOM LINE Coordinates listed in this appendix are Point ID No. Latitude Longitude unprojected (Geographic Coordinate System) 1 ...... 37.96034 ¥123.40371 and based on the North American Datum of 2 ...... 37.96172 ¥123.42081 1983 (NAD83). 3 ...... 37.99110 ¥123.44379 4 ...... 38.00406 ¥123.46443 SANCTUARY BOUNDARY COORDINATES 5 ...... 38.01637 ¥123.46076 6 ...... 38.04684 ¥123.47920 Point ID No. Latitude Longitude 7 ...... 38.07106 ¥123.48754 8 ...... 38.07588 ¥123.47195 1 ...... 38.26390 ¥123.18138 9 ...... 38.06451 ¥123.46146 2 ...... 38.13219 ¥123.64265 10 ...... 38.07123 ¥123.44467 3 ...... 38.11256 ¥123.63344 11 ...... 38.04446 ¥123.40286 4 ...... 38.08289 ¥123.62065 12 ...... 38.01442 ¥123.38588 ¥ 5 ...... 38.07451 123.62162 13 ...... 37.98859 ¥123.37533 ¥ 6 ...... 38.06188 123.61546 14 ...... 37.97071 ¥123.38605 7 ...... 38.05308 ¥123.60549 8 ...... 38.04614 ¥123.60611 9 ...... 38.03409 ¥123.59904 10 ...... 38.02419 ¥123.59864 Subpart L—Flower Garden Banks 11 ...... 38.02286 ¥123.61531 National Marine Sanctuary 12 ...... 38.01987 ¥123.62450 13 ...... 38.01366 ¥123.62494 14 ...... 37.99847 ¥123.61331 § 922.120 Boundary. 15 ...... 37.98678 ¥123.59988 The Flower Garden Banks National 16 ...... 37.97761 ¥123.58746 17 ...... 37.96683 ¥123.57859 Marine Sanctuary (the Sanctuary) con- 18 ...... 37.95528 ¥123.56199 sists of three separate areas of ocean 19 ...... 37.94901 ¥123.54777 waters over and surrounding the East 20 ...... 37.93858 ¥123.54701 and West Flower Garden Banks and 21 ...... 37.92288 ¥123.54360 22 ...... 37.90725 ¥123.53937 Stetson Bank, and the submerged lands 23 ...... 37.88541 ¥123.52967 thereunder including the Banks, in the 24 ...... 37.87637 ¥123.52192 northwestern Gulf of Mexico. The area 25 ...... 37.86189 ¥123.52197 26 ...... 37.84988 ¥123.51749 designated at the East Bank is located 27 ...... 37.82296 ¥123.49280 approximately 120 nautical miles (nmi) 28 ...... 37.81365 ¥123.47906 south-southwest of Cameron, Lou- 29 ...... 37.81026 ¥123.46897 isiana, and encompasses 19.20 nmi2. 30 ...... 37.80094 ¥123.47313 31 ...... 37.79487 ¥123.46721 The area designated at the West Bank 32 ...... 37.78383 ¥123.45466 is located approximately 110 nmi 33 ...... 37.78109 ¥123.44694 southeast of Galveston, Texas, and en- 34 ...... 37.77033 ¥123.43466 35 ...... 37.76687 ¥123.42694 compasses 22.50 nmi2. The area des- 36 ...... 37.83480 ¥123.42579 ignated at Stetson Bank is located ap- 37 ...... 37.90464 ¥123.38958 proximately 70 nmi southeast of Gal- 38 ...... 37.95880 ¥123.32312 veston, Texas, and encompasses 0.64 39 ...... 37.98947 ¥123.23615 40 ...... 37.99227 ¥123.14137 nmi2. The three areas encompass a 41 ...... 38.05202 ¥123.12827 total of 42.34 nmi2 (145.09 square kilo- 42 ...... 38.06505 ¥123.11711 meters). The boundary coordinates for 43 ...... 38.07898 ¥123.10924 44 ...... 38.09069 ¥123.10387 each area are listed in appendix A to 45 ...... 38.10215 ¥123.09804 this subpart. 46 ...... 38.12829 ¥123.08742 47 ...... 38.14072 ¥123.08237 [65 FR 81178, Dec. 22, 2000] 48 ...... 38.16576 ¥123.09207 49 ...... 38.21001 ¥123.11913 § 922.121 Definitions. 50 ...... 38.26390 ¥123.18138 As used in this subpart: Attract or attracting means the con- APPENDIX B TO SUBPART K OF PART duct of any activity that lures or may 922—LINE REPRESENTING THE 50- lure any animal in the Sanctuary by FATHOM ISOBATH SURROUNDING using food, bait, chum, dyes, decoys CORDELL BANK (e.g., surfboards or body boards used as Coordinates listed in this appendix are decoys), acoustics or any other means, unprojected (Geographic Coordinate System) except the mere presence of human

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beings (e.g., swimmers, divers, boaters, method that delineates a specific por- kayakers, surfers). tion of a block rather than the actual Clean means not containing detect- underlying isobath. able levels of harmful matter. [77 FR 25068, Apr. 27, 2012] Disturb or disturbing a ray or whale shark means to, or attempt to touch, § 922.122 Prohibited or otherwise reg- handle, ride, pursue, chase away, hunt, ulated activities. restrain, detain (no matter how tempo- (a) Except as specified in paragraphs rarily), capture, collect, or conduct any (c) through (h) of this section, the fol- other activity that disrupts or has the lowing activities are prohibited and potential to disrupt any ray or whale thus are unlawful for any person to shark in the Sanctuary by any means. conduct or to cause to be conducted: Notwithstanding the above, the mere (1) Exploring for, developing, or pro- presence of human beings (e.g., swim- ducing oil, gas, or minerals except out- mers, divers, boaters, kayakers) is ex- side of all no-activity zones and pro- empted from this definition. vided all drilling cuttings and drilling Harmful matter means any substance, fluids are shunted to the seabed or combination of substances, that be- through a downpipe that terminates an cause of its quantity, concentration, or appropriate distance, but no more than physical, chemical, or infectious char- ten meters, from the seabed. acteristics may pose a present or po- (2)(i) Anchoring any vessel within the tential threat to Sanctuary resources Sanctuary. or qualities, including but not limited (ii) Mooring any vessel within the to: Fishing nets, fishing line, hooks, Sanctuary, except that vessels 100 feet fuel, oil, and those contaminants (re- (30.48 meters) or less in registered gardless of quantity) listed at 40 CFR length may moor to a Sanctuary moor- 302.4 pursuant to 42 U.S.C. 9601(14) of ing buoy. the Comprehensive Environmental Re- (iii) Mooring a vessel in the Sanc- sponse, Compensation, and Liability tuary without clearly displaying the Act, as amended. blue and white International Code flag No-activity zone means the two geo- ‘‘A’’ (‘‘alpha’’ dive flag) or the red and graphic areas delineated by the Depart- white ‘‘sports diver’’ flag whenever a ment of the Interior in stipulations for SCUBA diver from that vessel is in the OCS lease sale 112 over and sur- water and removing the ‘‘alpha’’ dive rounding the East and West Flower flag or ‘‘sports diver’’ flag after all Garden Banks, and the geographic area SCUBA divers exit the water and re- delineated by the Department of the turn back on board the vessel, con- Interior in stipulations for OCS lease sistent with U.S. Coast Guard guide- sale 171 over and surrounding Stetson lines relating to sports diving as con- Bank, as areas in which activities asso- tained within ‘‘Special Notice to Mari- ciated with exploration for, develop- ners’’ (00–208) for the Gulf of Mexico. ment of, or production of hydrocarbons (3)(i) Discharging or depositing from are prohibited. The precise aliquot part within or into the Sanctuary any ma- description of these areas around the terial or other matter except: East and West Flower Garden Banks (A) Fish, fish parts, chumming mate- are provided in appendix B of this sub- rials, or bait used in or resulting from part; the no-activity zone around fishing with conventional hook and Stetson Bank is defined as the 52 meter line gear in the Sanctuary, provided isobath. These particular aliquot part that such discharge or deposit occurs descriptions for the East and West during the conduct of such fishing Flower Garden Banks, and the 52 meter within the Sanctuary; isobath around Stetson Bank, define (B) Clean effluent generated inci- the geographic scope of the ‘‘no-activ- dental to vessel use by an operable ity zones’’ for purposes of the regula- Type I or Type II marine sanitation de- tions in this subpart. The descriptions vice (U.S. Coast Guard classification) for the East and West Flower Garden approved in accordance with section Banks no-activity zones are based on 312 of the Federal Water Pollution Con- the ‘‘1/41/41/4’’ system formerly used by trol Act, as amended (FWPCA), 33 the Department of the Interior, a U.S.C. 1322. Vessel operators must lock

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marine sanitation devices in a manner bottom longlines, traps, nets, bottom that prevents discharge or deposit of trawls, or any other gear, device, untreated sewage; equipment, or means except by use of (C) Clean vessel deck wash down, conventional hook and line gear. clean vessel engine cooling water, (9) Possessing within the Sanctuary clean vessel generator cooling water, (regardless of where collected, caught, clean bilge water, or anchor wash; harvested or removed), except for valid (D) Engine exhaust; law enforcement purposes, any car- (E) In areas of the Sanctuary outside bonate rock, coral or other bottom for- the no-activity zones, drilling cuttings mation, coralline algae or other plant, and drilling fluids necessarily dis- marine invertebrate, brine-seep biota, charged incidental to the exploration or fish (except for fish caught by use of for, development of, or production of conventional hook and line gear). oil or gas in those areas and in accord- (10) Possessing or using within the ance with the shunting requirements of Sanctuary, except possessing while paragraph (a)(1) of this section unless passing without interruption through such discharge injures a Sanctuary re- it or for valid law enforcement pur- source or quality. poses, any fishing gear, device, equip- (ii) Discharging or depositing, from ment or means except conventional beyond the boundaries of the Sanc- hook and line gear. tuary, any material or other matter, (11) Possessing, except for valid law except those listed in paragraphs enforcement purposes, or using explo- (a)(3)(i)(A) through (D) of this section, sives or releasing electrical charges that subsequently enters the Sanc- within the Sanctuary. tuary and injures a Sanctuary resource (b) If any valid regulation issued by or quality. any Federal authority of competent ju- (4) Drilling into, dredging, or other- risdiction, regardless of when issued, wise altering the seabed of the Sanc- conflicts with a Sanctuary regulation, tuary (except as allowed under para- the regulation deemed by the Director graph (c) of this section); or con- as more protective of Sanctuary re- structing, placing, or abandoning any sources and qualities shall govern. structure, material, or other matter on (c) The prohibitions in paragraphs the seabed of the Sanctuary. (a)(2)(i), (a)(4), and (a)(11) of this sec- (5) Injuring or removing, or attempt- tion do not apply to necessary activi- ing to injure or remove, any coral or ties conducted in areas of the Sanc- other bottom formation, coralline tuary outside the no-activity zones and algae or other plant, marine inverte- incidental to exploration for, develop- brate, brine-seep biota, or carbonate ment of, or production of oil or gas in rock within the Sanctuary. those areas. (6) Taking any marine mammal or (d) The prohibitions in paragraphs turtle within the Sanctuary, except as (a)(2) through (11) of this section do not permitted by regulations, as amended, apply to activities necessary to re- promulgated under the Marine Mam- spond to emergencies threatening life, mal Protection Act, as amended, 16 property, or the environment. U.S.C. 1361 et seq., and the Endangered (e)(1) The prohibitions in paragraphs Species Act, as amended, 16 U.S.C. 1531 (a)(2) through (11) of this section do not et seq. apply to activities being carried out by (7) Killing, injuring, attracting, the Department of Defense as of the ef- touching, or disturbing a ray or whale fective date of Sanctuary designation shark in the Sanctuary. Notwith- (January 18, 1994). Such activities shall standing the above, the incidental and be carried out in a manner that mini- unintentional injury to a ray or whale mizes any adverse impact on Sanc- shark as a result of fishing with con- tuary resources and qualities. The pro- ventional hook and line gear is exempt- hibitions in paragraphs (a)(2) through ed from this prohibition. (11) of this section do not apply to any (8) Injuring, catching, harvesting, new activities carried out by the De- collecting, or feeding, or attempting to partment of Defense that do not have injure, catch, harvest, collect, or feed, the potential for any significant ad- any fish within the Sanctuary by use of verse impacts on Sanctuary resources

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or qualities. Such activities shall be development of, or production of oil, carried out in a manner that minimizes gas, or minerals in a no-activity zone. any adverse impact on Sanctuary re- Any leases, permits, approvals, or sources and qualities. New activities other authorizations authorizing the with the potential for significant ad- exploration for, development of, or pro- verse impacts on Sanctuary resources duction of oil, gas, or minerals in a no- or qualities may be exempted from the activity zone and issued after the Jan- prohibitions in paragraphs (a)(2) uary 18, 1994 shall be invalid. through (11) of this section by the Di- rector after consultation between the [77 FR 25069, Apr. 27, 2012] Director and the Department of De- § 922.123 Permit procedures and cri- fense. If it is determined that an activ- teria. ity may be carried out, such activity shall be carried out in a manner that (a) A person may conduct an activity minimizes any adverse impact on Sanc- prohibited by § 922.122(a)(2) through (11) tuary resources and qualities. if conducted in accordance with the (2) In the event of threatened or ac- scope, purpose, terms, and conditions tual destruction of, loss of, or injury to of a permit issued under this section a Sanctuary resource or quality result- and § 922.48. ing from an untoward incident, includ- (b) Applications for such permits ing but not limited to spills and should be addressed to the Director, Of- groundings, caused by a component of fice of National Marine Sanctuaries; the Department of Defense, the cog- Attn: Superintendent, Flower Garden nizant component shall promptly co- Banks National Marine Sanctuary, 4700 ordinate with the Director for the pur- Avenue U, Building 216, Galveston, TX pose of taking appropriate actions to 77551. respond to and mitigate the harm and, (c) The Director, at his or her discre- if possible, restore or replace the Sanc- tion, may issue a permit, subject to tuary resource or quality. such terms and conditions as he or she (f) The prohibitions in paragraphs deems appropriate, to conduct an ac- (a)(2) through (11) of this section do not tivity prohibited by § 922.122(a)(2) apply to any activity executed in ac- through (11), if the Director finds that cordance with the scope, purpose, the activity will: Further research re- terms, and conditions of a National lated to Sanctuary resources; further Marine Sanctuary permit issued pursu- the educational, natural or historical ant to § 922.48 and § 922.123 or a Special resource value of the Sanctuary; fur- Use permit issued pursuant to section ther salvage or recovery operations in 310 of the Act. or near the Sanctuary in connection (g) The prohibitions in paragraphs with a recent air or marine casualty; (a)(2) through (11) of this section do not or assist in managing the Sanctuary. apply to any activity authorized by In deciding whether to issue a permit, any lease, permit, license, approval or the Director shall consider such factors other authorization issued after Janu- as: The professional qualifications and ary 18, 1994, provided that the applicant financial ability of the applicant as re- complies with § 922.49, the Director no- lated to the proposed activity; the du- tifies the applicant and authorizing ration of the activity and the duration agency that he or she does not object of its effects; the appropriateness of to issuance of the authorization, and the methods and procedures proposed the applicant complies with any terms by the applicant for the conduct of the and conditions the Director deems nec- activity; the extent to which the con- essary to protect Sanctuary resources duct of the activity may diminish or and qualities. enhance Sanctuary resources and (h) Notwithstanding paragraphs (f) qualities; the cumulative effects of the and (g) of this section, in no event may activity; and the end value of the ac- the Director issue a National Marine tivity. In addition, the Director may Sanctuary permit under § 922.48 and consider such other factors as he or she § 922.123 or a Special Use permit under deems appropriate. section 10 of the Act authorizing, or (d) It shall be a condition of any per- otherwise approve, the exploration for, mit issued that the permit or a copy

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thereof be displayed on board all ves- a NOAA official be allowed to observe sels or aircraft used in the conduct of any activity conducted under the per- the activity. mit and/or that the permit holder sub- (e) The Director may, inter alia, make mit one or more reports on the status, it a condition of any permit issued that progress, or results of any activity au- any information obtained under the thorized by the permit. permit be made available to the public. [60 FR 66877, Dec. 27, 1995, as amended at 65 (f) The Director may, inter alia, make FR 81178, Dec. 22, 2000; 77 FR 25070, Apr. 27, it a condition of any permit issued that 2012]

APPENDIX A TO SUBPART L OF PART 922—FLOWER GARDEN BANKS NATIONAL MARINE SANCTUARY BOUNDARY COORDINATES

This appendix contains a second set of boundary coordinates using the geographic positions of the North American Datum of 1983 (NAD 83). FGBNMS coordinates are now provided in both North American Datum of 1927 (NAD 27) and NAD 83.

Point Latitude (N) Longitude (W)

East Flower Garden Bank: (NAD 27)

E–1 ...... 27 deg. 52′ 53.82718″ 93 deg. 37′ 41.30310″ E–2 ...... 27 deg. 53′ 34.83434″ 93 deg. 38′ 23.35445″ E–3 ...... 27 deg. 55′ 13.64286″ 93 deg. 38′ 40.34368″ E–4 ...... 27 deg. 57′ 30.71927″ 93 deg. 38′ 33.26982″ E–5 ...... 27 deg. 58′ 27.66896″ 93 deg. 37′ 46.12447″ E–6 ...... 27 deg. 59′ 01.41554″ 93 deg. 35′ 31.74954″ E–7 ...... 27 deg. 59′ 00.50888″ 93 deg. 35′ 09.69198″ E–8 ...... 27 deg. 55′ 22.38258″ 93 deg. 34′ 14.79162″ E–9 ...... 27 deg. 54′ 04.05605″ 93 deg. 34′ 18.88720″ E–10 ...... 27 deg. 53′ 26.70972″ 93 deg. 35′ 05.00978″ E–11 ...... 27 deg. 52′ 52.06998″ 93 deg. 36′ 57.23078″

West Flower Garden Bank: (NAD 27)

W–1 ...... 27 deg. 49′ 10.16324″ 93 deg. 50′ 45.27154″ W–2 ...... 27 deg. 50′ 12.35976″ 93 deg. 52′ 10.47158″ W–3 ...... 27 deg. 51′ 12.82777″ 93 deg. 52′ 51.63488″ W–4 ...... 27 deg. 51′ 32.41145″ 93 deg. 52′ 50.66983″ W–5 ...... 27 deg. 52′ 49.88791″ 93 deg. 52′ 24.77053″ W–6 ...... 27 deg. 55′ 00.93450″ 93 deg. 49′ 43.68090″ W–7 ...... 27 deg. 54′ 58.33040″ 93 deg. 48′ 37.54501″ W–8 ...... 27 deg. 54′ 35.26067″ 93 deg. 47′ 10.34866″ W–9 ...... 27 deg. 54′ 14.80334″ 93 deg. 46′ 49.28963″ W–10 ...... 27 deg. 53′ 35.63704″ 93 deg. 46′ 51.25825″ W–11 ...... 27 deg. 52′ 57.34474″ 93 deg. 47′ 15.26428″ W–12 ...... 27 deg. 50′ 40.26361″ 93 deg. 47′ 22.14179″ W–13 ...... 27 deg. 49′ 10.89894″ 93 deg. 48′ 42.72307″

Stetson Bank: (NAD 27)

S–1 ...... 28 deg. 09′ 30.06738″ 94 deg. 18′ 31.34461″ S–2 ...... 28 deg. 10′ 09.24374″ 94 deg. 18′ 29.57042″ S–3 ...... 28 deg. 10′ 06.88036″ 94 deg. 17′ 23.26201″ S–4 ...... 28 deg. 09′ 27.70425″ 94 deg. 17′ 25.04315″

East Flower Garden Bank: (NAD 83)

E–1 ...... 27 deg. 52′ 54.84288″ 93 deg. 37′ 41.84187″ E–2 ...... 27 deg. 53′ 35.80428″ 93 deg. 38′ 23.89520″ E–3 ...... 27 deg. 55′ 14.61048″ 93 deg. 38′ 40.88638″ E–4 ...... 27 deg. 57′ 31.68349″ 93 deg. 38′ 33.81421″ E–5 ...... 27 deg. 58′ 28.63153″ 93 deg. 37′ 46.66809″ E–6 ...... 27 deg. 59′ 02.37658″ 93 deg. 35′ 32.28918″ E–7 ...... 27 deg. 59′ 01.46983″ 93 deg. 35′ 10.23088″ E–8 ...... 27 deg. 55′ 23.34849″ 93 deg. 34′ 15.32560″ E–9 ...... 27 deg. 54′ 05.02387″ 93 deg. 34′ 19.42020″ E–10 ...... 27 deg. 53′ 27.67871″ 93 deg. 35′ 05.54379″ E–11 ...... 27 deg. 52′ 53.04047″ 93 deg. 36′ 57.76805″

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Point Latitude (N) Longitude (W)

West Flower Garden Bank: (NAD 83)

W–1 ...... 27 deg. 49′ 11.14452″ 93 deg. 50′ 45.83401″ W–2 ...... 27 deg. 50′ 13.34001″ 93 deg. 52′ 11.03791″ W–3 ...... 27 deg. 51′ 13.80672″ 93 deg. 52′ 52.20349″ W–4 ...... 27 deg. 51′ 33.38988″ 93 deg. 52′ 51.23867″ W–5 ...... 27 deg. 52′ 50.86415″ 93 deg. 52′ 25.33954″ W–6 ...... 27 deg. 55′ 01.90633″ 93 deg. 49′ 44.24605″ W–7 ...... 27 deg. 54′ 59.30189″ 93 deg. 48′ 38.10780″ W–8 ...... 27 deg. 54′ 36.23221″ 93 deg. 47′ 10.90806″ W–9 ...... 27 deg. 54′ 15.77527″ 93 deg. 46′ 49.84801″ W–10 ...... 27 deg. 53′ 36.60997″ 93 deg. 46′ 51.81616″ W–11 ...... 27 deg. 52′ 58.31880″ 93 deg. 47′ 15.82251″ W–12 ...... 27 deg. 50′ 41.24120″ 93 deg. 47′ 22.69837″ W–13 ...... 27 deg. 49′ 11.87936″ 93 deg. 48′ 43.28125″

Stetson Bank: (NAD 83)

S–1 ...... 28 deg. 09′ 31.02671″ 94 deg. 18′ 31.98164″ S–2 ...... 28 deg. 10′ 10.20196″ 94 deg. 18′ 30.20776″ S–3 ...... 28 deg. 10′ 07.83821″ 94 deg. 17′ 23.89688″ S–4 ...... 28 deg. 09′ 28.66320″ 94 deg. 17′ 25.67770″

[65 FR 81178, Dec. 22, 2000]

APPENDIX B TO SUBPART L OF PART SE1⁄4, NW1⁄4; N1⁄2, NW1⁄4, SW1⁄4. 922—COORDINATES FOR THE DEPART- ALIQUOT PART DESCRIPTION OF BIOLOGICAL MENT OF THE INTERIOR TOPOGRAPHIC STIPULATION AREA WEST GARDEN BANK LEASE STIPULATIONS FOR OCS LEASE SALE 171 Block A–383 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) ALIQUOT PART DESCRIPTION OF BIOLOGICAL STIPULATION AREA EAST GARDEN BANK E1⁄2, SE1⁄4, SE1⁄4; SW1⁄4, SE1⁄4, SE1⁄4.

Block A–366 Texas Leasing Map No. 7C (High Block A–384 Island Area East Addition South Extension) W1⁄2, SW1⁄4, NE1⁄4; SE1⁄4, SW1⁄4, NE1⁄4; S1⁄2, SE1⁄4, SE1⁄4, SW1⁄4; S1⁄2, NE1⁄4, SE1⁄4; SE1⁄4, NW1⁄4, NE1⁄4; SE1⁄4; S1⁄2, SE1⁄4. SE1⁄4, NW1⁄4; E1⁄2, SW1⁄4; E1⁄2, NW1⁄4, SW1⁄4, Block A–376 SW1⁄4, NW1⁄4, SW1⁄4; SW1⁄4, SW1⁄4; SE1⁄4. W1⁄2, NW1⁄4, SW1⁄4; SW1⁄4, SW1⁄4, SW1⁄4. Block A–385 Block A–374 SW1⁄4, SW1⁄4, NW1⁄4; NW1⁄4, SW1⁄4; NW1⁄4, SW1⁄4, W1⁄2, NW1⁄4, NW1⁄4; W1⁄2, SW1⁄4, NW1⁄4; SE1⁄4, SW1⁄4. SW1⁄4, NW1⁄4; SW1⁄4, NE1⁄4, SW1⁄4, W1⁄2, SW1⁄4; W1⁄2, SE1⁄4, SW1⁄4; Block A–397 SE1⁄4, SE1⁄4, SW1⁄4. W1⁄2, W1⁄2, NW1⁄4; W1⁄2, NW1⁄4, SW1⁄4; NW1⁄4; Block A–375 SW1⁄4, SW1⁄4. E1⁄2; E1⁄2, NW1⁄4; E1⁄2, NW1⁄4, NW1⁄4; SW1⁄4, NW1⁄4, NW1⁄4; E1⁄2, Block A–398 1 1 1 1 1 1 SW ⁄4, NW ⁄4; NW ⁄4, SW ⁄4, NW ⁄4; SW ⁄4. Entire block. Block A–388 Block A–399 NE1⁄4; E1⁄2, NW1⁄4; E1⁄2, NW1⁄4, NW1⁄4; NE1⁄4, E1⁄2, SE1⁄4, NE1⁄4, NW1⁄4; E1⁄2, SE1⁄4, NW1⁄4; E1⁄2, SW1⁄4, NW1⁄4; E1⁄2, NE1⁄4, SW1⁄4; NE1⁄4, SW1⁄4; NW1⁄4, NE1⁄4, SW1⁄4; NE1⁄4, NW1⁄4, 1 1 1 1 1 1 SW1⁄4; NE1⁄4, SW ⁄4, NE ⁄4, SW ⁄4; NE ⁄4, SE ⁄4, SW ⁄4. SE1⁄4, SW1⁄4, NE1⁄4; NE1⁄4, NE1⁄4, SE1⁄4; W1⁄2, Block A–401 NE1⁄4, SE1⁄4; NW1⁄4,

NE1⁄4, NE1⁄4; N1⁄2, NW1⁄4, NE1⁄4; NE1⁄4, SE1⁄4, Block A–389 NE1⁄4. NE1⁄4, NW1⁄4; NW1⁄4, NW1⁄4; SW1⁄4, NW1⁄4; NE1⁄4, SE1⁄4, NW1⁄4; W1⁄2,

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Block 134 Official Protraction Diagram NG15–02 cludes a small area between Point (Garden Banks) Bonita and Point San Pedro. Pillar That portion of the block north of a line Point Harbor, Santa Cruz Harbor, Mon- connecting a point on the east boundary of terey Harbor, and Moss Landing Har- Block 134, X=1,378,080.00′, Y=10,096,183.00′, bor are all excluded from the Sanc- with a point on the west boundary of Block tuary shoreward from the points listed ′ ′ 134, X=1,367,079,385 , Y=10,096,183.000 , defined in appendix A except for Moss Landing under the Universal Transverse Mercator grid system. Harbor, where all of Elkhorn Slough east of the Highway One bridge, and Block 135 Official Protraction Diagram NG15–02 west of the tide gate at Elkhorn Road (Garden Banks) and toward the center channel from That portion of the block northwest of a the MHWL is included within the Sanc- line connecting the southeast corner of tuary, excluding areas within the Elk- Texas Leasing Map No. 7C, Block A–398, horn Slough National Estuarine Re- X=1,383,293.840′, Y=10,103,281.930′, with a point search Reserve. Exact coordinates for on the west boundary of Official Protraction the seaward boundary and harbor ex- Diagram NG15–02, Block 135, X=1,378,080.000′, Y=10,096,183.000′, defined under the Universal clusions are provided in appendix A to Transverse Mercator grid system. this subpart. (b) The Davidson Seamount Manage- [65 FR 81180, Dec. 22, 2000] ment Zone is also part of the Sanc- tuary. This area, bounded by geodetic Subpart M—Monterey Bay lines connecting a rectangle centered National Marine Sanctuary on the top of the Davidson Seamount, consists of approximately 585 square SOURCE: 73 FR 70535, Nov. 20, 2008, unless nmi of ocean waters and the submerged otherwise noted. lands thereunder. The shoreward boundary of this portion of the Sanc- § 922.130 Boundary. tuary is located approximately 65 nmi The Monterey Bay National Marine off the coast of San Simeon in San Luis Sanctuary (Sanctuary) consists of two Obispo County. Exact coordinates for separate areas. (a) The first area con- the Davidson Seamount Management sists of an area of approximately 4016 Zone boundary are provided in appen- square nautical miles (nmi) of coastal dix F to this subpart. and ocean waters, and submerged lands thereunder, in and surrounding Mon- § 922.131 Definitions. terey Bay off the central coast of Cali- In addition to those definitions found fornia. The northern terminus of the at 15 CFR 922.3, the following defini- Sanctuary boundary is located along tions apply to this subpart: the southern boundary of the Gulf of Attract or attracting means the con- the Farallones National Marine Sanc- duct of any activity that lures or may tuary (GFNMS) beginning at Rocky lure any animal by using food, bait, Point just south of Stinson Beach in chum, dyes, decoys, acoustics, or any Marin County. The Sanctuary bound- other means, except the mere presence ary follows the GFNMS boundary west- of human beings (e.g., swimmers, div- ward to a point approximately 29 nmi ers, boaters, kayakers, surfers). offshore from Moss Beach in San Mateo Clean means not containing detect- County. The Sanctuary boundary then able levels of harmful matter. extends southward in a series of arcs, Cruise ship means a vessel with 250 or which generally follow the 500 fathom more passenger berths for hire. isobath, to a point approximately 27 Davidson Seamount Management Zone nmi offshore of Cambria, in San Luis means the area bounded by geodetic Obispo County. The Sanctuary bound- lines connecting a rectangle centered ary then extends eastward towards on the top of the Davidson Seamount, shore until it intersects the Mean High and consists of approximately 585 Water Line (MHWL) along the coast square nmi of ocean waters and the near Cambria. The Sanctuary boundary submerged lands thereunder. The then follows the MHWL northward to shoreward boundary of this portion of the northern terminus at Rocky Point. the Sanctuary is located approxi- The shoreward Sanctuary boundary ex- mately 65 nmi off the coast of San

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Simeon in San Luis Obispo County. species, has been transferred in order Exact coordinates for the Davidson that the host organism acquires the ge- Seamount Management Zone boundary netic traits of the transferred genes. are provided in appendix F to this sub- Motorized personal watercraft (MPWC) part. means any vessel, propelled by machin- Deserting means leaving a vessel ery, that is designed to be operated by aground or adrift without notification standing, sitting, or kneeling on, to the Director of the vessel going astride, or behind the vessel, in con- aground or becoming adrift within 12 trast to the conventional manner, hours of its discovery and developing where the operator stands or sits inside and presenting to the Director a pre- the vessel; any vessel less than 20 feet liminary salvage plan within 24 hours in length overall as manufactured and of such notification, after expressing or propelled by machinery and that has otherwise manifesting intention not to been exempted from compliance with undertake or to cease salvage efforts, the U.S. Coast Guard’s Maximum Ca- or when the owner/operator cannot pacities Marking for Load Capacity after reasonable efforts by the Director regulation found at 33 CFR Parts 181 be reached within 12 hours of the ves- and 183, except submarines; or any sel’s condition being reported to au- other vessel that is less than 20 feet in thorities; or leaving a vessel at anchor length overall as manufactured, and is when its condition creates potential for propelled by a water jet pump or drive. a grounding, discharge, or deposit and the owner/operator fails to secure the § 922.132 Prohibited or otherwise reg- vessel in a timely manner. ulated activities. Federal Project means any water re- (a) Except as specified in paragraphs sources development project conducted (b) through (e) of this section, the fol- by the U.S. Army Corps of Engineers or lowing activities are prohibited and operating under a permit or other au- thus are unlawful for any person to thorization issued by the Corps of En- conduct or to cause to be conducted: gineers and authorized by Federal law. (1) Exploring for, developing, or pro- Hand tool means a hand-held implement, utilized for the collection of jade ducing oil, gas, or minerals within the pursuant to 15 CFR 922.132(a)(1), that is Sanctuary, except: Jade may be col- no greater than 36 inches in length and lected (meaning removed) from the has no moving parts (e.g., dive knife, area bounded by the 35.92222 N latitude pry bar, or abalone iron). Pneumatic, parallel (coastal reference point: Beach mechanical, electrical, hydraulic, or access stairway at south Sand Dollar explosive tools are, therefore, examples Beach), the 35.88889 N latitude parallel of what does not meet this definition. (coastal reference point: Westernmost tip of Cape San Martin), and from the Harmful matter means any substance, or combination of substances, that be- mean high tide line seaward to the 90- cause of its quantity, concentration, or foot isobath (depth line) (the ‘‘author- physical, chemical, or infectious char- ized area’’) provided that: acteristics may pose a present or po- (i) Only jade already loose from the tential threat to Sanctuary resources submerged lands of the Sanctuary may or qualities, including but not limited be collected; to: Fishing nets, fishing line, hooks, (ii) No tool may be used to collect fuel, oil, and those contaminants (re- jade except: gardless of quantity) listed pursuant to (A) A hand tool (as defined at 15 CFR 42 U.S.C. 9601(14) of the Comprehensive 922.131) to maneuver or lift the jade or Environmental Response, Compensa- scratch the surface of a stone as nection and Liability Act at 40 CFR 302.4. essary to determine if it is jade; Introduced species means: Any species (B) A lift bag or multiple lift bags (including but not limited to any of its with a combined lift capacity of no biological matter capable of propaga- more than two hundred pounds; or tion) that is non-native to the eco- (C) A vessel (except for motorized systems of the Sanctuary; or any orga- personal watercraft) (see paragraph nism into which altered genetic mat- (a)(7) of this section) to provide access ter, or genetic matter from another to the authorized area;

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(iii) Each person may collect only disposal sites within the Sanctuary are what that person individually carries; described in appendix C to this subpart. and (ii) Discharging or depositing from (iv) For any loose piece of jade that within or into the Sanctuary any ma- cannot be collected under paragraphs terial or other matter from a cruise (a)(1) (ii) and (iii) of this section, any ship except clean vessel engine cooling person may apply for a permit to col- water, clean vessel generator cooling lect such a loose piece by following the water, vessel engine or generator ex- procedures in 15 CFR 922.133. haust, clean bilge water, or anchor (2)(i) Discharging or depositing from wash. within or into the Sanctuary, other (iii) Discharging or depositing from than from a cruise ship, any material beyond the boundary of the Sanctuary or other matter, except: any material or other matter that sub- (A) Fish, fish parts, chumming mate- sequently enters the Sanctuary and in- rials, or bait used in or resulting from jures a Sanctuary resource or quality, lawful fishing activities within the except those listed in paragraphs Sanctuary, provided that such dis- (a)(2)(i)(A) through (E) and (a)(2)(ii) of charge or deposit is during the conduct this section and dredged material de- of lawful fishing activities within the posited at the authorized disposal sites Sanctuary; described in appendix D to this sub- (B) For a vessel less than 300 gross part, provided that the dredged mate- registered tons (GRT), or a vessel 300 rial disposal is pursuant to, and com- GRT or greater without sufficient hold- plies with the terms and conditions of, ing tank capacity to hold sewage while a valid Federal permit or approval. within the Sanctuary, clean effluent (3) Possessing, moving, removing, or generated incidental to vessel use by injuring, or attempting to possess, an operable Type I or II marine sanita- move, remove, or injure, a Sanctuary tion device (U.S. Coast Guard classi- historical resource. This prohibition fication) approved in accordance with does not apply to, moving, removing, section 312 of the Federal Water Pollu- or injury resulting incidentally from tion Control Act, as amended kelp harvesting, aquaculture, or lawful (FWPCA), 33 U.S.C. 1322. Vessel opera- fishing activities. tors must lock all marine sanitation (4) Drilling into, dredging, or other- devices in a manner that prevents dis- wise altering the submerged lands of charge or deposit of untreated sewage; the Sanctuary; or constructing, plac- (C) Clean vessel deck wash down, ing, or abandoning any structure, ma- clean vessel engine cooling water, terial, or other matter on or in the sub- clean vessel generator cooling water, merged lands of the Sanctuary, except clean bilge water, or anchor wash; as incidental and necessary to: (D) For a vessel less than 300 gross (i) Conduct lawful fishing activities; registered tons (GRT), or a vessel 300 (ii) Anchor a vessel; GRT or greater without sufficient hold- (iii) Conduct aquaculture or kelp har- ing capacity to hold graywater while vesting; within the Sanctuary, clean graywater (iv) Install an authorized naviga- as defined by section 312 of the tional aid; FWPCA; (v) Conduct harbor maintenance in (E) Vessel engine or generator ex- an area necessarily associated with a haust; or Federal Project in existence on Janu- (F) Dredged material deposited at ary 1, 1993, including dredging of en- disposal sites authorized by the U.S. trance channels and repair, replace- Environmental Protection Agency ment, or rehabilitation of breakwaters (EPA) (in consultation with the U.S. and jetties; Army Corps of Engineers (COE)) prior (vi) Construct, repair, replace, or re- to the effective date of Sanctuary des- habilitate a dock or pier; or ignation (January 1, 1993), provided (vii) Collect jade pursuant to para- that the activity is pursuant to, and graph (a)(1) of this section, provided complies with the terms and conditions that there is no constructing, placing, of, a valid Federal permit or approval or abandoning any structure, material, existing on January 1, 1993. Authorized or other matter on or in the submerged

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lands of the Sanctuary, other than remove, take, collect, catch, harvest, temporary placement of an authorized disturb, break, cut, or otherwise injure, hand tool as provided in paragraph any Sanctuary resource located more (a)(1) of this section. The exceptions that 3,000 feet below the sea surface listed in paragraphs (a)(4)(ii) through within the Davidson Seamount Man- (a)(4)(vii) of this section do not apply agement Zone. This prohibition does within the Davidson Seamount Man- not apply to fishing below 3000 feet agement Zone. within the Davidson Seamount Man- (5) Taking any marine mammal, sea agement Zone, which is prohibited pur- turtle, or bird within or above the suant to 50 CFR part 660 (Fisheries off Sanctuary, except as authorized by the West Coast States). Marine Mammal Protection Act, as (ii) Possessing any Sanctuary re- amended, (MMPA), 16 U.S.C. 1361 et source the source of which is more seq., Endangered Species Act, as than 3,000 feet below the sea surface amended, (ESA), 16 U.S.C. 1531 et seq., within the Davidson Seamount Man- Migratory Bird Treaty Act, as amend- agement Zone. This prohibition does ed, (MBTA), 16 U.S.C. 703 et seq., or any not apply to possession of fish result- regulation, as amended, promulgated ing from fishing below 3000 feet within under the MMPA, ESA, or MBTA. the Davidson Seamount Management (6) Disturbing marine mammals or Zone, which is prohibited pursuant to seabirds by flying motorized aircraft, 50 CFR part 660 (Fisheries off West except as necessary for valid law en- Coast States). forcement purposes, at less than 1,000 (12) Introducing or otherwise releas- feet above any of the four zones within ing from within or into the Sanctuary the Sanctuary described in Appendix B an introduced species, except striped to this subpart. Failure to maintain a bass (Morone saxatilis) released during minimum altitude of 1,000 feet above catch and release fishing activity. ground level above any such zone is (13) Attracting any white shark with- presumed to disturb marine mammals in the Sanctuary. or seabirds. (7) Operating motorized personal (14) Interfering with, obstructing, de- watercraft within the Sanctuary ex- laying, or preventing an investigation, cept within the five designated zones search, seizure, or disposition of seized and access routes within the Sanctuary property in connection with enforce- described in appendix E to this subpart. ment of the Act or any regulation or Zone Five (at Pillar Point) exists only permit issued under the Act. when a High Surf Warning has been (b) The prohibitions in paragraphs issued by the National Weather Service (a)(2) through (11) of this section do not and is in effect for San Mateo County, apply to an activity necessary to re- and only during December, January, spond to an emergency threatening and February. life, property, or the environment. (8) Possessing within the Sanctuary (c)(1) All Department of Defense ac- (regardless of where taken, moved, or tivities must be carried out in a man- removed from), any marine mammal, ner that avoids to the maximum extent sea turtle, or bird, except as authorized practicable any adverse impacts on by the MMPA, ESA, MBTA, by any reg- Sanctuary resources and qualities. The ulation, as amended, promulgated prohibitions in paragraphs (a)(2) under the MMPA, ESA, or MBTA, or as through (12) of this section do not necessary for valid law enforcement apply to existing military activities purposes. carried out by the Department of De- (9) Deserting a vessel aground, at an- fense, as specifically identified in the chor, or adrift in the Sanctuary. Final Environmental Impact State- (10) Leaving harmful matter aboard a ment and Management Plan for the grounded or deserted vessel in the Proposed Monterey Bay National Ma- Sanctuary. rine Sanctuary (NOAA, 1992). (Copies of (11)(i) Moving, removing, taking, col- the FEIS/MP are available from the lecting, catching, harvesting, dis- Monterey Bay National Marine Sanc- turbing, breaking, cutting, or other- tuary, 299 Foam Street, Monterey, CA wise injuring, or attempting to move, 93940.) For purposes of the Davidson

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Seamount Management Zone, these ac- and 922.133 or a Special Use permit tivities are listed in the 2008 Final En- under section 310 of the Act author- vironmental Impact Statement. New izing, or otherwise approve: the explo- activities may be exempted from the ration for, development, or production prohibitions in paragraphs (a)(2) of oil, gas, or minerals within the through (12) of this section by the Di- Sanctuary, except for the collection of rector after consultation between the jade pursuant to paragraph (a)(1) of Director and the Department of De- this section; the discharge of primary- fense. treated sewage within the Sanctuary (2) In the event of destruction of, loss (except by certification, pursuant to 15 of, or injury to a Sanctuary resource or CFR 922.47, of valid authorizations in quality resulting from an incident, in- existence on January 1, 1993 and issued cluding but not limited to discharges, by other authorities of competent ju- deposits, and groundings, caused by a risdiction); or the disposal of dredged Department of Defense activity, the material within the Sanctuary other Department of Defense, in coordination than at sites authorized by EPA (in with the Director, must promptly pre- consultation with COE) prior to Janu- vent and mitigate further damage and ary 1, 1993. Any purported authoriza- must restore or replace the Sanctuary tions issued by other authorities with- resource or quality in a manner ap- in the Sanctuary shall be invalid. proved by the Director. [73 FR 70535, Nov. 20, 2008, as amended at 75 (d) The prohibitions in paragraph FR 53571, Sept. 1, 2010; 77 FR 3922, Jan. 26, (a)(1) of this section as it pertains to 2012] jade collection in the Sanctuary, and paragraphs (a)(2) through (11) and § 922.133 Permit procedures and cri- (a)(13) of this section, do not apply to teria. any activity conducted under and in (a) A person may conduct an activity accordance with the scope, purpose, prohibited by § 922.132(a)(1) as it per- terms, and conditions of a National tains to jade collection in the Sanc- Marine Sanctuary permit issued pursu- tuary, § 922.132(a)(2) through (11), and ant to 15 CFR 922.48 and 922.133 or a § 922.132(a)(13), if such activity is spe- Special Use permit issued pursuant to cifically authorized by, and conducted section 310 of the Act. in accordance with the scope, purpose, (e) The prohibitions in paragraphs terms, and conditions of, a permit (a)(2) through (a)(8) of this section do issued under this section and 15 CFR not apply to any activity authorized by 922.48. any lease, permit, license, approval, or (b) The Director, at his or her sole other authorization issued after the ef- discretion, may issue a permit, subject fective date of Sanctuary designation to terms and conditions as he or she (January 1, 1993) and issued by any deems appropriate, to conduct an ac- Federal, State, or local authority of tivity prohibited by § 922.132(a)(1) as it competent jurisdiction, provided that pertains to jade collection in the Sanc- the applicant complies with 15 CFR tuary, § 922.132(a)(2) through (11), and 922.49, the Director notifies the appli- § 922.132(a)(13), if the Director finds that cant and authorizing agency that he or the activity will have at most short- she does not object to issuance of the term and negligible adverse effects on authorization, and the applicant com- Sanctuary resources and qualities and: plies with any terms and conditions (1) Is research designed to further un- the Director deems necessary to pro- derstanding of Sanctuary resources and tect Sanctuary resources and qualities. qualities; Amendments, renewals, and extensions (2) Will further the educational, nat- of authorizations in existence on the ural, or historical value of the Sanc- effective date of designation constitute tuary; authorizations issued after the effec- (3) Will further salvage or recovery tive date of Sanctuary designation. operations within or near the Sanc- (f) Notwithstanding paragraphs (d) tuary in connection with a recent air and (e) of this section, in no event may or marine casualty; the Director issue a National Marine (4) Will assist in managing the Sanc- Sanctuary permit under 15 CFR 922.48 tuary;

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(5) Will further salvage or recovery (d) For jade collection, preference operations in connection with an aban- will be given for applications proposing doned shipwreck in the Sanctuary title to collect loose pieces of jade for re- to which is held by the State of Cali- search or educational purposes. fornia; or (e) The Director may consider such (6) Will allow the removal, without other factors as he or she deems appro- the use of pneumatic, mechanical, elec- priate. trical, hydraulic or explosive tools, of (f) Applications. (1) Applications for loose jade from the Jade Cove area permits should be addressed to the Di- under § 922.132(a)(1)(iv). rector, Office of National Marine Sanc- (c) In deciding whether to issue a per- tuaries; ATTN: Superintendent, Mon- mit, the Director shall consider such terey Bay National Marine Sanctuary, factors as: 299 Foam Street, Monterey, CA 93940. (1) Will the activity be conducted by (2) In addition to the information an applicant that is professionally listed in 15 CFR 922.48(b), all applica- qualified to conduct and complete the tions must include information the Di- activity; rector needs to make the findings in (2) Will the activity be conducted by paragraph (b) of this section and infor- an applicant with adequate financial mation to be considered by the Direc- resources available to conduct and tor pursuant to paragraph (c) of this complete the activity; section. (3) Is the activity proposed for no (g) In addition to any other terms longer than necessary to achieve its stated purpose; and conditions that the Director deems appropriate, a permit issued pursuant (4) Must the activity be conducted within the Sanctuary; to this section must require that the permittee agree to hold the United (5) Will the activity be conducted using methods and procedures that are States harmless against any claims appropriate to achieve the goals of the arising out of the conduct of the per- proposed activity, especially in rela- mitted activities. tion to the potential effects of the proposed activity on Sanctuary resources § 922.134 Notification and review. and qualities; (a) [Reserved] (6) Will the activity be conducted in (b)(1) NOAA has entered into a a manner compatible with the primary Memorandum of Agreement (MOA) objective of protection of Sanctuary with the State of California, EPA, and resources and qualities, considering the the Association of Monterey Bay Area extent to which the conduct of the ac- Governments regarding the Sanctuary tivity may diminish or enhance Sanc- regulations relating to water quality tuary resources and qualities, any po- within State waters within the Sanc- tential indirect, secondary, or cumu- tuary. lative effects of the activity, and the With regard to permits, the MOA en- duration of such effects; compasses: (7) Will the activity be conducted in (i) National Pollutant Discharge a manner compatible with the value of Elimination System (NPDES) permits the Sanctuary as a source of recreation issued by the State of California under and as a source of educational and sci- section 13377 of the California Water entific information, considering the extent to which the conduct of the activ- Code; and ity may result in conflicts between dif- (ii) Waste Discharge Requirements ferent users of the Sanctuary and the issued by the State of California under duration of such effects; and section 13263 of the California Water (8) Does the reasonably expected end Code. value of the activity to the furtherance (2) The MOA specifies how the proc- of the Sanctuary goals and objectives ess of 15 CFR 922.49 will be adminis- outweigh any potential adverse effects tered within State waters within the on Sanctuary resources and qualities Sanctuary in coordination with the from the conduct of the activity. State permit program.

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APPENDIX A TO SUBPART M OF PART (1) From mean high water to 3 nautical 922—MONTEREY BAY NATIONAL MA- miles (nmi) offshore between a line extend- RINE SANCTUARY BOUNDARY COORDI- ing from Point Santa Cruz on a southwesterly bearing of 220° true and a line extending NATES from 2.0 nmi north of Pescadero Point on a ° Coordinates listed in this Appendix are southwesterly bearing of 240 true; unprojected (Geographic) and based on the (2) From mean high water to 3 nmi offshore North American Datum of 1983. between a line extending from the Carmel River mouth on a westerly bearing of 270° Point ID No. Latitude Longitude true and a line extending due west along latitude parallel 35.55488 N off of Cambria; Seaward Boundary (3) From mean high water and within a 5 nmi seaward arc drawn from a center point 1 ...... 37.88225 ¥122.62753 of 36.80129 N, 121.79034 W (the end of the Moss ¥ 2 ...... 37.66641 122.75105 Landing ocean pier as it appeared on the 3 ...... 37.61622 ¥122.76937 4 ...... 37.57147 ¥122.80399 most current NOAA nautical charts as of 5 ...... 37.52988 ¥122.85988 January 1, 1993); and 6 ...... 37.50948 ¥122.90614 (4) Over the Sanctuary’s jurisdictional 7 ...... 37.49418 ¥123.00770 waters of Elkhorn Slough east of the High- 8 ...... 37.50819 ¥123.09617 way One bridge to Elkhorn Road. 9 ...... 37.52001 ¥123.12879 10 ...... 37.45304 ¥123.14009 [75 FR 53571, Sept. 1, 2010] 11 ...... 37.34316 ¥123.13170 12 ...... 37.23062 ¥123.10431 APPENDIX C TO SUBPART M OF PART 13 ...... 37.13021 ¥123.02864 922—DREDGED MATERIAL DISPOSAL ¥ 14 ...... 37.06295 122.91261 SITES WITHIN THE SANCTUARY 15 ...... 37.03509 ¥122.77639 16 ...... 36.92155 ¥122.80595 [Coordinates in this appendix are ¥ 17 ...... 36.80632 122.81564 unprojected (Geographic Coordinate System) 18 ...... 36.69192 ¥122.80539 19 ...... 36.57938 ¥122.77416 and are calculated using the North American 20 ...... 36.47338 ¥122.72568 Datum of 1983] 21 ...... 36.37242 ¥122.65789 22 ...... 36.27887 ¥122.57410 Point ID No. Latitude Longitude 23 ...... 36.19571 ¥122.47699 24 ...... 36.12414 ¥122.36527 Santa Cruz Harbor/Twin Lakes Dredge Disposal Site 25 ...... 36.06864 ¥122.24438 1 ...... 36.9625 ¥122.00056 26 ...... 36.02451 ¥122.11672 2 ...... 36.9625 ¥121.99861 27 ...... 35.99596 ¥121.98232 ¥ ¥ 3 ...... 36.96139 121.99833 28 ...... 35.98309 121.84069 4 ...... 36.96139 ¥122.00083 29 ...... 35.98157 ¥121.75634 30 ...... 35.92933 ¥121.71119 SF–12 Dredge Disposal Site 31 ...... 35.83773 ¥121.71922 32 ...... 35.72063 ¥121.71216 1 ...... 36.80207 ¥121.79207 33 ...... 35.59497 ¥121.69030 2 ...... 36.80157 ¥121.79218 34 ...... 35.55327 ¥121.63048 3 ...... 36.80172 ¥121.79325 35 ...... 35.55483 ¥121.10399 4 ...... 36.80243 ¥121.79295 36 ...... 37.59421 ¥122.52001 37 ...... 37.61367 ¥122.61673 SF–14 Dredge Disposal Site 38 ...... 37.76694 ¥122.65011 39 ...... 37.81777 ¥122.53008 (circle with 500 yard radius) 1 ...... 36.79799 ¥121.81907 Harbor Exclusions Monterey Harbor/Wharf II Dredge Disposal Site 40 ...... 37.49414 ¥122.48483 ¥ 41 ...... 37.49540 ¥122.48576 1 ...... 36.60297 121.88942 ¥ 42 ...... 36.96082 ¥122.00175 2 ...... 36.60283 121.88787 ¥ 3 ...... 36.60092 ¥121.88827 43 ...... 36.96143 122.00112 ¥ 44 ...... 36.80684 ¥121.79145 4 ...... 36.60120 121.88978 45 ...... 36.80133 ¥121.79047 ¥ 46 ...... 36.60837 121.88970 APPENDIX D TO SUBPART M OF PART 47 ...... 36.60580 ¥121.88965 922—DREDGED MATERIAL DISPOSAL SITES ADJACENT TO THE MONTEREY [75 FR 53571, Sept. 1, 2010] BAY NATIONAL MARINE SANCTUARY APPENDIX B TO SUBPART M OF PART [Coordinates in this appendix are 922—ZONES WITHIN THE SANCTUARY unprojected (Geographic Coordinate System) WHERE OVERFLIGHTS BELOW 1000 and are calculated using the North American FEET ARE PROHIBITED Datum of 1983] As of January 1, 1993, the U.S. Army Corps The four zones are: of Engineers operates the following dredged

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material disposal site adjacent to the Sanc- Point ID No. Latitude Longitude tuary off of the Golden Gate: 5 (red and white bell 36.79833 ¥121.80167 Point ID No. Latitude Longitude buoy). 6 ...... 36.81500 ¥121.80333 1 ...... 37.76458 ¥122.56900 ¥ 2 ...... 37.74963 122.62281 (4) The approximately five [5.0] nmi2 area 3 ...... 37.74152 ¥122.61932 4 ...... 37.75677 ¥122.56482 off of Monterey Harbor from harbor launch 5 ...... 37.76458 ¥122.56900 ramps to the seaward end of the U.S. Coast Guard Pier, and then along a 100-yard wide access route northeast along a bearing of ap- APPENDIX E TO SUBPART M OF PART proximately 15° true (0° magnetic) to the 922—MOTORIZED PERSONAL southern boundary of Zone Four bounded by: WATERCRAFT ZONES AND ACCESS ROUTES WITHIN THE SANCTUARY Point ID No. Latitude Longitude

[Coordinates in this appendix are 1 ...... 36.64500 ¥121.92333 unprojected (Geographic Coordinate System) 2 ...... 36.61500 ¥121.87500 and are calculated using the North American 3 ...... 36.63833 ¥121.85500 Datum of 1983] 4 ...... 36.66667 ¥121.90667 The five zones and access routes are: (1) The approximately one [1.0] nmi2 area (5) The approximately one-tenth [0.10] nmi2 off Pillar Point Harbor from harbor launch area near Pillar Point from the Pillar Point ramps, through the harbor entrance to the Harbor entrance along a 100-yard wide access northern boundary of Zone One: route southeast along a bearing of approximately 174° true (159° magnetic) to the green Point ID No. Latitude Longitude bell buoy (identified as ‘‘Buoy 3’’) at 37.48154 1 (flashing 5-second 37.49395 ¥122.48477 N, 122.48156 W and then along a 100-yard wide breakwater en- access route northwest along a bearing of ap- trance light and proximately 284° true (269° magnetic) to the horn located at the green gong buoy (identified as ‘‘Buoy 1’’) at seaward end of the outer west break- 37.48625 N, 122.50603 W, the southwest bound- water). ary of Zone Five. Zone Five exists only when 2 (bell buoy) ...... 37.48167 ¥122.48333 a High Surf Warning has been issued by the 3 ...... 37.48000 ¥122.46667 National Weather Service and is in effect for ¥ 4 ...... 37.49333 122.46667 San Mateo County and only during Decem- ber, January, and February. Zone Five is (2) The approximately five [5.0] nmi2 area bounded by: off of Santa Cruz Small Craft Harbor from harbor launch ramps, through the harbor en- Point ID No. Latitude Longitude trance, and then along a 100-yard wide access route southwest along a bearing of approxi- 1 (gong buoy identi- 37.48625 ¥122.50603 mately 196° true (180° magnetic) to the red fied as ‘‘Buoy 1’’). and white whistle buoy at 36.93833 N, 2 ...... 37.49305 ¥122.50603 122.01000 W. Zone Two is bounded by: 3 (Sail Rock) ...... 37.49305 ¥122.50105 4 ...... 37.48625 ¥122.50105 Point ID No. Latitude Longitude

1 ...... 36.91667 ¥122.03333 [75 FR 53571, Sept. 1, 2010] 2 ...... 36.91667 ¥121.96667 ¥ 3 ...... 36.94167 121.96667 APPENDIX F TO SUBPART M OF PART 4 ...... 36.94167 ¥122.03333 922—DAVIDSON SEAMOUNT MANAGE- (3) The approximately six [6.0] nmi2 area MENT ZONE off of Moss Landing Harbor from harbor launch ramps, through harbor entrance, and [Coordinates in this appendix are then along a 100-yard wide access route unprojected (Geographic Coordinate System) southwest along a bearing of approximately and are calculated using the North American 230° true (215° magnetic) to the red and white Datum of 1983] bell buoy at the eastern boundary of Zone Three bounded by: Point ID No. Latitude Longitude ¥ Point ID No. Latitude Longitude 1 ...... 35.90000 123.00000 2 ...... 35.90000 ¥122.50000 1 ...... 36.83333 ¥121.82167 3 ...... 35.50000 ¥122.50000 2 ...... 36.83333 ¥121.84667 4 ...... 35.50000 ¥123.00000 3 ...... 36.77833 ¥121.84667 4 ...... 36.77833 ¥121.81667

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Subpart N—Stellwagen Bank Industrial material means mineral, as National Marine Sanctuary defined in § 922.3. Traditional fishing means those com- § 922.140 Boundary. mercial or recreational fishing meth- (a) The Stellwagen Bank National ods which have been conducted in the Marine Sanctuary (Sanctuary) consists past within the Sanctuary. of an area of approximately 638 square nautical miles (NM) of Federal marine § 922.142 Prohibited or otherwise regulated activities. waters and the submerged lands thereunder, over and around Stellwagen (a) Except as specified in paragraphs Bank and other submerged features off (b) through (f) of this section, the fol- the coast of Massachusetts. The bound- lowing activities are prohibited and ary encompasses the entirety of thus are unlawful for any person to Stellwagen Bank; Tillies Bank, to the conduct or to cause to be conducted: northeast of Stellwagen Bank; and por- (1)(i) Discharging or depositing, from tions of Jeffreys Ledge, to the north of within the boundary of the Sanctuary, Stellwagen Bank. any material or other matter except: (b) The Sanctuary boundary is identi- (A) Fish, fish parts, chumming mate- fied by the following coordinates, indi- rials or bait used in or resulting from cating the most northeast, southeast, traditional fishing operations in the southwest, west-northwest, and north- Sanctuary; northwest points: (B) Biodegradable effluent incidental 42°45′59.83″N×70°13′01.77″W (NE); to vessel use and generated by marine 42°05′35.51″N×70°02′08.14″W (SE); sanitation devices approved in accord- 42°07′44.89″W×70°28′15.44″W (SW); ance with section 312 of the Federal 42°32′53.52″N×70°35′52.38″W (WNW); and Water Pollution Control Act, as 42°39′04.08″N×70°30′11.29″W (NNW). The amended, (FWPCA), 33 U.S.C. 1322 et western border is formed by a straight seq.; line connecting the most southwest (C) Water generated by routine vessel and the west-northwest points of the operations (e.g., cooling water, deck Sanctuary. At the most west-northwest wash down and graywater as defined by point, the Sanctuary border follows a section 312 of the FWPCA) excluding line contiguous with the three-mile ju- oily wastes from bilge pumping; or risdictional boundary of Massachusetts (D) Engine exhaust. to the most north-northwest point. From this point, the northern border is (ii) Discharging or depositing, from formed by a straight line connecting beyond the boundary of the Sanctuary, the most north-northwest point and any material or other matter, except the most northeast point. The eastern those listed in paragraphs (a)(1)(i) (A) border is formed by a straight line con- through (D) of this section, that subse- necting the most northeast and the quently enters the Sanctuary and in- most southeast points of the Sanc- jures a Sanctuary resource or quality. tuary. The southern border follows a (2) Exploring for, developing or pro- straight line between the most south- ducing industrial materials within the west point and a point located at Sanctuary. 42°06′54.57″N × 70°16′42.7″ W. From that (3) Drilling into, dredging or other- point, the southern border then con- wise altering the seabed of the Sanc- tinues in a west-to-east direction along tuary; or constructing, placing or a line contiguous with the three-mile abandoning any structure, material or jurisdictional boundary of Massachu- other matter on the seabed of the setts until reaching the most southeast Sanctuary, except as an incidental re- point of the Sanctuary. The boundary sult of: coordinates are listed in appendix A to (i) Anchoring vessels; this subpart. (ii) Traditional fishing operations; or (iii) Installation of navigation aids. § 922.141 Definitions. (4) Moving, removing or injuring, or In addition to those definitions found attempting to move, remove or injure, at § 922.3, the following definitions a Sanctuary historical resource. This apply to this subpart: prohibition does not apply to moving,

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removing or injury resulting inciden- ing from an untoward incident, includ- tally from traditional fishing oper- ing but not limited to spills and ations. groundings caused by the Department (5) Taking any marine reptile, ma- of Defense, the Department of Defense rine mammal or seabird in or above the shall promptly coordinate with the Di- Sanctuary, except as permitted by the rector for the purpose of taking appro- Marine Mammal Protection Act, as priate actions to respond to and miti- amended, (MMPA), 16 U.S.C. 1361 et gate the harm and, if possible, restore seq., the Endangered Species Act, as or replace the Sanctuary resource or amended, (ESA), 16 U.S.C. 1531 et seq., quality. and the Migratory Bird Treaty Act, as (d) The prohibitions in paragraphs (a) amended, (MBTA), 16 U.S.C. 703 et seq. (1) and (3) through (7) of this section do (6) Lightering in the Sanctuary. not apply to any activity executed in (7) Possessing within the Sanctuary accordance with the scope, purpose, (regardless of where taken, moved or terms and conditions of a National Ma- removed from), except as necessary for rine Sanctuary permit issued pursuant valid law enforcement purposes, any to § 922.48 and § 922.143 or a Special Use historical resource, or any marine permit issued pursuant to section 310 of mammal, marine reptile or seabird the Act. taken in violation of the MMPA, ESA (e) The prohibitions in paragraphs or MBTA. (a)(1) and (3) through (7) of this section (8) Interfering with, obstructing, de- do not apply any activity authorized laying or preventing an investigation, by any lease, permit, license, approval search, seizure or disposition of seized or other authorization issued after the property in connection with enforce- effective date of Sanctuary designation ment of the Act or any regulation or (November 4, 1992) and issued by any permit issued under the Act. Federal, State or local authority of (b) The prohibitions in paragraphs (a) competent jurisdiction, provided that (1), and (3) through (8) of this section the applicant complies with § 922.49, the do not apply to any activity necessary Director notifies the applicant and au- to respond to an emergency threat- thorizing agency that he or she does ening life, property or the environ- not object to issuance of the authoriza- ment. tion, and the applicant complies with (c)(1)(i) All Department of Defense any terms and conditions the Director military activities shall be carried out deems necessary to protect Sanctuary in a manner that avoids to the max- resources and qualities. Amendments, imum extent practicable any adverse renewals and extensions of authoriza- impacts on Sanctuary resources and tions in existence on the effective date qualities. of designation constitute authoriza- (ii) Department of Defense military tions issued after the effective date. activities may be exempted from the (f) Notwithstanding paragraphs (d) prohibitions in paragraphs (a) (1) and and (e) of this section, in no event may (3) through (7) of this section by the Di- the Director issue a permit under rector after consultation between the § 922.48 and § 922.143, or under section Director and the Department of De- 310 of the act, authorizing, or otherwise fense. approving, the exploration for, develop- (iii) If it is determined that an activ- ment or production of industrial mate- ity may be carried out, such activity rials within the Sanctuary, or the dis- shall be carried out in a manner that posal of dredged materials within the avoids to the maximum extent prac- Sanctuary (except by a certification, ticable any advance impact on Sanc- pursuant to § 922.47, of valid authoriza- tuary resources and qualities. Civil en- tions in existence on November 4, 1992) gineering and other civil works and any leases, licenses, permits, ap- projects conducted by the U.S. Army provals or other authorizations author- Corps of Engineers are excluded from izing the exploration for, development the scope of this paragraph(c). or production of industrial materials in (2) In the event of threatened or ac- the Sanctuary issued by other authori- tual destruction of, loss of, or injury to ties after November 4, 1992, shall be in- a Sanctuary resource or quality result- valid.

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§ 922.143 Permit procedures and cri- (f) The Director may, inter alia, make teria. it a condition of any permit issued that (a) A person may conduct an activity a NOAA official be allowed to observe prohibited by § 922.142 (a) (1) and (3) any activity conducted under the per- through (7) if conducted in accordance mit and/or that the permit holder sub- with scope, purpose, manner, terms and mit one or more reports on the status, conditions of a permit issued under progress or results of any activity au- this section and § 922.48. thorized by the permit. (b) Applications for such permits APPENDIX TO UBPART OF ART should be addressed to the Director, Of- A S N P fice of Ocean and Coastal Resource 922—STELLWAGEN BANK NATIONAL Management; ATTN: Manager, MARINE SANCTUARY BOUNDARY CO- Stellwagen Bank National Marine ORDINATES Sanctuary, 14 Union Street, Plymouth, [Appendix Based on North American Datum of 1927] MA 02360. Loran (c) The Director, at his or her discre- Pt. Latitude Longitude tion may issue a permit, subject to 9960W 9960X such terms and conditions as he or she E1 42°45′59.83″ 70°13′01.77″ 13,607.19 25,728.57 deems appropriate, to conduct an ac- E2 42°05′35.51″ 70°02′08.14″ 13,753.39 25,401.78 ° ′ ″ ° ′ ″ tivity prohibited by § 922.142(a) (1) and E3 42 06 8.25 70 03 17.55 13,756.72 25,412.46 E4 42°06′2.53″ 70°04′03.36″ 13,760.30 25,417.53 (3) through (7), if the Director finds E5 42°07′02.70″ 70°05′13.61″ 13,764.52 25,427.27 that the activity will have only neg- E6 42°07′13.0″ 70°06′23.75″ 13,770.54 25,434.45 ligible short-term adverse effects on E7 42°07′35.95″ 70°07′27.89″ 13,775.08 25,442.51 E8 42°07′42.33″ 70°08′26.07″ 13,780.35 25,448.27 Sanctuary resources and qualities and E9 42°07′59.94″ 70°09′19.78″ 13,784.24 25,455.02 will: further research related to Sanc- E10 42°08′04.95″ 70°10′24.40″ 13,790.27 25,461.28 tuary resources and qualities; further E11 42°07′55.19″ 70°11′47.67″ 13,799.38 25,467.56 ° ′ ″ ° ′ ″ the educational, natural or historical E12 42 07 59.84 70 13 03.35 13,806.58 25,474.95 E13 42°07′46.55″ 70°14′21.91″ 13,815.52 25,480.62 resource value of the Sanctuary; fur- E14 42°07′27.29″ 70°15′22.95″ 13,823.21 25,484.05 ther salvage or recovery operations in E15 42°06′54.57″ 70°16′42.71″ 13,833.88 25,487.79 or near the Sanctuary in connection E16 42°07′44.89″ 70°28′15.44″ 13,900.14 25,563.22 E17 42°32′53.52″ 70°35′52.38″ 13,821.60 25,773.51 with a recent air or marine casualty; E18 42°33′30.24″ 70°35′14.96″ 13,814.43 25,773.54 or assist in managing the Sanctuary. E19 42°33′48.14″ 70°35′03.81″ 13,811.68 25,774.28 In deciding whether to issue a permit, E20 42°34′30.45″ 70°34′22.98″ 13,803.64 25,774.59 ° ′ ″ ° ′ ″ the Director may consider such factors E21 42 34 50.37 70 33 21.93 13,795.43 25,770.55 E22 42°35′16.08″ 70°32′32.29″ 13,787.92 25,768.31 as: the professional qualifications and E23 42°35′41.80″ 70°31′44.20″ 13,780.57 25,766.25 financial ability of the applicant as re- E24 42°36′23.08″ 70°30′58.98″ 13,772.14 25,766.14 lated to the proposed activity; the du- E25 42°37′15.51″ 70°30′23.01″ 13,763.69 25,768.12 E26 42°37′58.88″ 70°30′06.60″ 13,758.09 25,771.07 ration of the activity and the duration E27 42°38′32.46″ 70°30′06.54″ 13,755.07 25,774.58 of its effects; the appropriateness of E28 42°39′04.08″ 70°30′11.29″ 13,752.75 25,778.35 the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the con- Subpart O—Olympic Coast duct of the activity may diminish or National Marine Sanctuary enhance Sanctuary resources and qualities; the cumulative effects of the § 922.150 Boundary. activity; and the end value of the ac- (a) The Olympic Coast National Ma- tivity. In addition, the Director may rine Sanctuary (Sanctuary) consists of consider such other factors as he or she an area of approximately 2,408 square deems appropriate. nautical miles (nmi) of coastal and (d) It shall be a condition of any per- ocean waters, and the submerged lands mit issued that the permit or a copy thereunder, off the central and north- thereof be displayed on board all ves- ern coast of the State of Washington. sels or aircraft used in the conduct of (b) The Sanctuary boundary extends the activity. from Koitlah Point due north to the (e) The Director may, inter alia, make United States/Canada international it a condition of any permit issued that boundary. The Sanctuary boundary any data or information obtained then follows the U.S./Canada inter- under the permit be made available to national boundary seaward to the 100 the public. fathom isobath. The seaward boundary

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of the Sanctuary approximates the 100 Treaty means a formal agreement be- fathom isobath in a southerly direction tween the United States Government from the U.S./Canada international and an Indian tribe. boundary to a point due west of the [76 FR 67360, Nov. 1, 2011] mouth of the Copalis River cutting across the heads of Nitnat, Juan de § 922.152 Prohibited or otherwise reg- Fuca and Quinault Canyons. The coast- ulated activities. al boundary of the Sanctuary is the (a) Except as specified in paragraphs mean higher high water line when adja- (b) through (g) of this section, the fol- cent to Federally managed lands cut- lowing activities are prohibited and ting across the mouths of all rivers and thus are unlawful for any person to streams, except where adjacent to In- conduct or to cause to be conducted: dian reservations, State and county (1) Exploring for, developing or pro- owned lands; in such case, the coastal ducing oil, gas or minerals within the boundary is the mean lower low water Sanctuary. line. La Push harbor is excluded from (2)(i) Discharging or depositing, from the Sanctuary boundary shoreward of within or into the Sanctuary, other the International Collision at Sea regu- than from a cruise ship, any material lation (Colreg.) demarcation lines. The or other matter except: boundary coordinates are listed in ap- (A) Fish, fish parts, chumming mate- pendix A to this subpart. rials or bait used in or resulting from lawful fishing operations in the Sanc- [60 FR 66877, Dec. 27, 1995, as amended at 76 tuary; FR 67360, Nov. 1, 2011] (B) Biodegradable effluent incidental to vessel use and generated by marine § 922.151 Definitions. sanitation devices approved in accord- In addition to those definitions found ance with section 312 of the Federal at § 922.3, the following definitions Water Pollution Control Act, as apply to this subpart: amended, (FWPCA), 33 U.S.C. 1322 et Clean means not containing detect- seq.; able levels of harmful matter. (C) Water generated by routine vessel Cruise ship means a vessel with 250 or operations (e.g., cooling water, deck more passenger berths for hire. wash down, and graywater as defined Harmful matter means any substance, by section 312 of the FWPCA) excluding or combination of substances, that be- oily wastes from bilge pumping; cause of its quantity, concentration, or (D) Engine exhaust; or physical, chemical, or infectious char- (E) Dredge spoil in connection with acteristics may pose a present or po- beach nourishment projects related to tential threat to Sanctuary resources the Quillayute River Navigation Project. or qualities, including but not limited (ii) Discharging or depositing, from to: Fishing nets, fishing line, hooks, beyond the boundary of the Sanctuary, fuel, oil, and those contaminants (re- any material or other matter, except gardless of quantity) listed pursuant to those listed in paragraphs (a)(2)(i)(A) 42 U.S.C. 101(14) of the Comprehensive through (E) of this section, that subse- Environmental Response, Compensa- quently enters the Sanctuary and in- tion and Liability Act at 40 CFR 302.4. jures a Sanctuary resource or quality. Indian reservation means a tract of (3) Discharging or depositing, from land set aside by the Federal Govern- within or into the Sanctuary, any ma- ment for use by a federally recognized terials or other matter from a cruise American Indian tribe and includes, ship except clean vessel engine cooling but is not limited to, the Makah, water, clean vessel generator cooling Quileute, Hoh, and Quinault Reserva- water, clean bilge water, engine ex- tions. haust, or anchor wash. Lawful fishing means fishing author- (4) Moving, removing or injuring, or ized by a tribal, State or Federal entity attempting to move, remove or injure, with jurisdiction over the activity. a Sanctuary historical resource. This prohibition does not apply to moving,

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removing or injury resulting inciden- (8) Possessing within the Sanctuary tally from lawful fishing operations. (regardless of where taken, moved or (5) Drilling into, dredging or other- removed from) any historical resource, wise altering the submerged lands of or any marine mammal, sea turtle, or the Sanctuary; or constructing, placing seabird taken in violation of the or abandoning any structure, material MMPA, ESA, or MBTA, to the extent or other matter on the submerged that they apply. lands of the Sanctuary, except as an in- (9) Interfering with, obstructing, de- cidental result of: laying or preventing an investigation, (i) Anchoring vessels; search, seizure or disposition of seized (ii) Lawful fishing operations; property in connection with enforce- (iii) Installation of navigation aids; ment of the Act or any regulation or permit issued under the Act. (iv) Harbor maintenance in the areas (b) The prohibitions in paragraph necessarily associated with the (a)(2) through (5), (7), and (8) of this Quillayute River Navigation Project, section do not apply to activities nec- including dredging of entrance chan- essary to respond to emergencies nels and repair, replacement or reha- threatening life, property, or the envi- bilitation of breakwaters and jetties, ronment. and related beach nourishment; (c) The prohibitions in paragraphs (v) Construction, repair, replacement (a)(2) through (5), (7), and (8) of this or rehabilitation of boat launches, section do not apply to activities nec- docks or piers, and associated break- essary for valid law enforcement pur- waters and jetties; or poses. (vi) Beach nourishment projects re- (d)(1) All Department of Defense lated to harbor maintenance activities. military activities shall be carried out (6) Taking any marine mammal, sea in a manner that avoids to the max- turtle or seabird in or above the Sanc- imum extent practicable any adverse tuary, except as authorized by the Ma- impacts on Sanctuary resources and rine Mammal Protection Act, as qualities. amended, (MMPA), 16 U.S.C. 1361 et (i) Except as provided in paragraph seq., the Endangered Species Act, as (d)(2) of this section, the prohibitions amended, (ESA), 16 U.S.C. 1531 et seq., in paragraphs (a)(2) through (8) of this and the Migratory Bird Treaty Act, as section do not apply to the following amended, (MBTA), 16 U.S.C. 703 et seq., military activities performed by the or pursuant to any Indian treaty with Department of Defense in W–237A, W– an Indian tribe to which the United 237B, and Military Operating Areas States is a party, provided that the In- Olympic A and B in the Sanctuary: dian treaty right is exercised in accord- (A) Hull integrity tests and other ance with the MMPA, ESA, and MBTA, deep water tests; to the extent that they apply. (B) Live firing of guns, missiles, tor- (7) Disturbing marine mammals or pedoes, and chaff; seabirds by flying motorized aircraft at (C) Activities associated with the less than 2,000 feet over the waters Quinault Range including the in-water within one nautical mile of the Flat- testing of non-explosive torpedoes; and tery Rocks, Quillayute Needles, or (D) Anti-submarine warfare oper- Copalis National Wildlife Refuges or ations. within one nautical mile seaward from (ii) New activities may be exempted the coastal boundary of the Sanctuary, from the prohibitions in paragraphs except for activities related to tribal (a)(2) through (8) of this section by the timber operations conducted on res- Director after consultation between ervation lands, or to transport persons the Director and the Department of De- or supplies to or from reservation lands fense. If it is determined that an activ- as authorized by a governing body of ity may be carried out such activity an Indian tribe. Failure to maintain a shall be carried out in a manner that minimum altitude of 2,000 feet above avoids to the maximum extent prac- ground level over any such waters is ticable any adverse impact on Sanc- presumed to disturb marine mammals tuary resources and qualities. Civil en- or seabirds. gineering and other civil works

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projects conducted by the U.S. Army (h) Notwithstanding paragraphs (e) Corps of Engineers are excluded from and (g) of this section, in no event may the scope of this paragraph (d). the Director issue a National Marine (2) The Department of Defense is pro- Sanctuary permit under §§ 922.48 and hibited from conducting bombing ac- 922.153 or a Special Use permit under tivities within the Sanctuary. section 310 of the Act authorizing, or (3) In the event of threatened or ac- otherwise approve: The exploration for, tual destruction of, loss of, or injury to development or production of oil, gas a Sanctuary resource or quality result- or minerals within the Sanctuary; the ing from an untoward incident, includ- discharge of primary-treated sewage ing but not limited to spills and within the Sanctuary; the disposal of groundings caused by the Department dredged material within the Sanctuary of Defense, the Department of Defense other than in connection with beach shall promptly coordinate with the Di- nourishment projects related to the Quillayute River Navigation Project; rector for the purpose of taking appro- or bombing activities within the Sanc- priate actions to respond to and miti- tuary. Any purported authorizations gate the harm and, if possible, restore issued by other authorities after July or replace the Sanctuary resource or 22, 1994 for any of these activities with- quality. in the Sanctuary shall be invalid. (e) The prohibitions in paragraphs (a)(2) through (8) of this section do not [76 FR 67360, Nov. 1, 2011, as amended at 77 apply to any activity executed in ac- FR 3922, Jan. 26, 2012] cordance with the scope, purpose, § 922.153 Permit procedures and cri- terms and conditions of a National Ma- teria. rine Sanctuary permit issued pursuant (a) A person may conduct an activity to §§ 922.48 and 922.153 or a Special Use prohibited by § 922.152(a)(2) through (8) permit issued pursuant to section 310 of if conducted in accordance with the the Act. scope, purpose, terms and conditions of (f) Members of a federally recognized a permit issued under this section and Indian tribe may exercise aboriginal § 922.48. and treaty-secured rights, subject to (b) Applications for such permits the requirements of other applicable should be addressed to the Director, Of- law, without regard to the require- fice of National Marine Sanctuaries; ments of this part. The Director may Attn: Superintendent, Olympic Coast consult with the governing body of a National Marine Sanctuary, 115 East tribe regarding ways the tribe may ex- Railroad Avenue, Suite 301, Port Ange- ercise such rights consistent with the les, WA 98362–2925. purposes of the Sanctuary. (c) The Director, at his or her discre- (g) The prohibitions in paragraphs tion, may issue a permit, subject to (a)(2) through (8) of this section do not such terms and conditions as he or she apply to any activity authorized by deems appropriate, to conduct an ac- any lease, permit, license, or other au- tivity prohibited by § 922.152(a)(2) thorization issued after July 22, 1994, through (8), if the Director finds that and issued by any Federal, State or the activity will not substantially in- local authority of competent jurisdic- jure Sanctuary resources and qualities tion, provided that the applicant com- and will: Further research related to plies with § 922.49, the Director notifies Sanctuary resources and qualities; fur- the applicant and authorizing agency ther the educational, natural or histor- that he or she does not object to ical resource value of the Sanctuary; issuance of the authorization, and the further salvage or recovery operations applicant complies with any terms and in or near the Sanctuary in connection conditions the Director deems nec- with a recent air or marine casualty; essary to protect Sanctuary resources assist in managing the Sanctuary; fur- and qualities. Amendments, renewals ther salvage or recovery operations in and extensions of authorizations in ex- connections with an abandoned ship- istence on the effective date of designa- wreck in the Sanctuary title to which tion constitute authorizations issued is held by the State of Washington; or after the effective date. be issued to an American Indian tribe

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adjacent to the Sanctuary, and/or its tivities, development, and threats to designee as certified by the governing Sanctuary resources. body of the tribe, to promote or en- (b) The Director shall, when re- hance tribal self-determination, tribal quested by such governments, enter government functions, the exercise of into a memorandum of understanding treaty rights, the economic develop- regarding such consultations. ment of the tribe, subsistence, ceremo- nial and spiritual activities, or the edu- APPENDIX A TO SUBPART O OF PART cation or training of tribal members. 922—OLYMPIC COAST NATIONAL MA- For the purpose of this part, American RINE SANCTUARY BOUNDARY COORDI- Indian tribes adjacent to the sanctuary NATES mean the Hoh, Makah, and Quileute In- [Based on North American Datum of 1983] dian Tribes and the Quinault Indian Nation. In deciding whether to issue a Point Latitude Longitude permit, the Director may consider such 1 ...... 47°07′45″ 124°11′02″ factors as: The professional qualifica- 2 ...... 47°07′45″ 124°58′12″ tions and financial ability of the appli- 3 ...... 47°35′05″ 125°00′00″ 4 ...... 47°40′05″ 125°04′44″ cant as related to the proposed activ- 5 ...... 47°50′01″ 125°05′42″ ity; the duration of the activity and 6 ...... 47°57′13″ 125°29′13″ the duration of its effects; the appro- 7 ...... 48°07′33″ 125°38′20″ priateness of the methods and proce- 8 ...... 48°15′00″ 125°40′54″ 9 ...... 48°18′21.2″ 125°30′02.9″ dures proposed by the applicant for the 10 ...... 48°20′15.2″ 125°22′52.9″ conduct of the activity; the extent to 11 ...... 48°26′46.2″ 125°09′16.9″ which the conduct of the activity may 12 ...... 48°27′09.2″ 125°08′29.9″ diminish or enhance Sanctuary re- 13 ...... 48°28′08.2″ 125°05′51.9″ 14 ...... 48°29′43.2″ 125°00′10.9″ sources and qualities; the cumulative 15 ...... 48°29′56.2″ 124°59′19.9″ effects of the activity; the end value of 16 ...... 48°30′13.2″ 124°54′56.9″ the activity; and the impacts of the ac- 17 ...... 48°30′21.2″ 124°50′25.9″ tivity on adjacent American Indian 18 ...... 48°30′10.2″ 124°47′17.9″ 19 ...... 48°29′36.4″ 124°43′38.1″ tribes. Where the issuance or denial of 20 ...... 48°28′08″ 124°38′13″ a permit is requested by the governing 21 ...... 48°23′17″ 124°38′13″ body of an American Indian tribe, the Director shall consider and protect the interests of the tribe to the fullest ex- Subpart P—Florida Keys National tent practicable in keeping with the Marine Sanctuary purposes of the Sanctuary and his or her fiduciary duties to the tribe. The SOURCE: 62 FR 32161, June 12, 1997, unless Director may also deny a permit appli- otherwise noted. cation pursuant to this section, in whole or in part, if it is determined § 922.160 Purpose. that the permittee or applicant has (a) The purpose of the regulations in acted in violation of the terms or con- this subpart is to implement the com- ditions of a permit or of these regula- prehensive management plan for the tions. In addition, the Director may Florida Keys National Marine Sanc- consider such other factors as he or she tuary by regulating activities affecting deems appropriate. the resources of the Sanctuary or any [76 FR 67361, Nov. 1, 2011] of the qualities, values, or purposes for which the Sanctuary is designated, in § 922.154 Consultation with the State order to protect, preserve and manage of Washington, affected Indian the conservation, ecological, rec- tribes, and adjacent county govern- reational, research, educational, his- ments. torical, and aesthetic resources and (a) The Director shall regularly con- qualities of the area. In particular, the sult with the State of Washington, the regulations in this part are intended to governing bodies of tribes with reserva- protect, restore, and enhance the living tions adjacent to the Sanctuary, and resources of the Sanctuary, to con- adjacent county governments regard- tribute to the maintenance of natural ing areas of mutual concern, including assemblages of living resources for fu- Sanctuary programs, permitting, ac- ture generations, to provide places for

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species dependent on such living re- Adverse effect means any factor, force, sources to survive and propagate, to fa- or action that independently or cumu- cilitate to the extent compatible with latively damages, diminishes, degrades, the primary objective of resource pro- impairs, destroys, or otherwise harms tection all public and private uses of any Sanctuary resource, as defined in the resources of the Sanctuary not pro- section 302(8) of the NMSA (16 U.S.C. hibited pursuant to other authorities, 1432(8)) and in this section, or any of to reduce conflicts between such com- the qualities, values, or purposes for patible uses, and to achieve the other which the Sanctuary is designated. policies and purposes of the Florida Airboat means a vessel operated by Keys National Marine Sanctuary and means of a motor driven propeller that Protection Act and the National Ma- pushes air for momentum. rine Sanctuaries Act. Areas To Be Avoided means the areas (b) Section 304(e) of the NMSA re- in which vessel operations are prohib- quires the Secretary to review manage- ited pursuant to section 6(a)(1) of the ment plans and regulations every five FKNMSPA (see § 922.164(a)). Appendix years, and make necessary revisions. VII to this subpart sets forth the geo- Upon completion of the five year re- graphic coordinates of these areas, in- view of the Sanctuary management plan and regulations, the Secretary cluding any modifications thereto will repropose the regulations in their made in accordance with section 6(a)(3) entirety with any proposed changes of the FKNMSPA. thereto, including those regulations in Closed means all entry or use is pro- subparts A and E of this part that hibited. apply to the Sanctuary. The Governor Coral means but is not limited to the of the State of Florida will have the corals of the Class Hydrozoa (stinging opportunity to review the re-proposed and hydrocorals); Class Anthozoa, Sub- regulations before they take effect and class Hexacorallia, Order Scleractinia if the Governor certifies such regula- (stony corals); Class Anthozoa, Sub- tions as unacceptable, they will not class Ceriantipatharia, Order take effect in State waters of the Sanc- Antipatharia (black corals); and Class tuary. Anthozoa, Subclass Ocotocorallia, Order Gorgonacea, species Gorgonia § 922.161 Boundary. ventalina and Gorgonia flabellum (sea The Sanctuary consists of an area of fans). approximately 2900 square nautical Coral area means marine habitat miles (9,800 square kilometers) of where coral growth abounds including coastal and ocean waters, and the sub- patch reefs, outer bank reefs, deep- merged lands thereunder, surrounding water banks, and hardbottoms. the Florida Keys in Florida. Appendix I Coral reefs means the hard bottoms, to this subpart sets forth the precise deep-water banks, patch reefs, and Sanctuary boundary. outer bank reefs. [66 FR 4369, Jan. 17, 2001] Ecological Reserve means an area of the Sanctuary consisting of contig- § 922.162 Definitions. uous, diverse habitats, within which (a) The following definitions apply to uses are subject to conditions, restric- the Florida Keys National Marine tions and prohibitions, including access Sanctuary regulations. To the extent restrictions, intended to minimize that a definition appears in § 922.3 and human influences, to provide natural this section, the definition in this sec- spawning, nursery, and permanent resi- tion governs. dence areas for the replenishment and Acts means the Florida Keys National genetic protection of marine life, and Marine Sanctuary and Protection Act, also to protect and preserve natural as- as amended, (FKNMSPA) (Pub. L. 101– semblages of habitats and species with- 605), and the National Marine Sanc- in areas representing a broad diversity tuaries Act (NMSA), also known as of resources and habitats found within Title III of the Marine Protection, Re- the Sanctuary. Appendix IV to this search, and Sanctuaries Act, as amend- subpart sets forth the geographic co- ed, (MPRSA) (16 U.S.C. 1431 et seq.). ordinates of these areas.

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Existing Management Area means an foremost part of the stem and the area of the Sanctuary that is within or aftermost part of the stern, excluding is a resource management area estab- bowsprits, rudders, outboard motor lished by NOAA or by another Federal brackets, and similar fittings or at- authority of competent jurisdiction as tachments. of the effective date of these regula- Live rock means any living marine or- tions where protections above and be- ganism or an assemblage thereof at- yond those provided by Sanctuary-wide tached to a hard substrate, including prohibitions and restrictions are need- dead coral or rock but not individual ed to adequately protect resources. Ap- mollusk shells (e.g., scallops, clams, pendix II to this subpart sets forth the oysters). Living marine organisms as- geographic coordinates of these areas. sociated with hard bottoms, banks, Exotic species means a species of reefs, and live rock may include, but plant, invertebrate, fish, amphibian, are not limited to: sea anemones (Phy- reptile or mammal whose natural lum Cnidaria: Class Anthozoa: Order zoogeographic range would not have in- Actinaria); sponges (Phylum Porifera); cluded the waters of the Atlantic tube worms (Phylum Annelida), includ- Ocean, Caribbean, or Gulf of Mexico ing fan worms, feather duster worms, without passive or active introduction and Christmas tree worms; bryozoans to such area through anthropogenic (Phylum Bryzoa); sea squirts (Phylum means. Chordata); and marine algae, including Fish means finfish, mollusks, crusta- Mermaid’s fan and cups (Udotea spp.), ceans, and all forms of marine animal corraline algae, green feather, green and plant life other than marine mam- grape algae (Caulerpa spp.) and water- mals and birds. cress (Halimeda spp.). Fishing means: Marine life species means any species (1) The catching, taking, or har- of fish, invertebrate, or plant included vesting of fish; the attempted catching, in sections (2), (3), or (4) of Rule 46– taking, or harvesting of fish; any other 42.001, Florida Administrative Code, re- activity which can reasonably be ex- printed in appendix VIII to this sub- pected to result in the catching, tak- part. ing, or harvesting of fish; or any oper- Military activity means an activity ation at sea in support of, or in prepa- conducted by the Department of De- ration for, any activity described in fense with or without participation by this subparagraph (1). foreign forces, other than civil engi- (2) Such term does not include any neering and other civil works projects scientific research activity which is conducted by the U.S. Army Corps of conducted by a scientific research ves- Engineers. sel. No-access buffer zone means a portion Hardbottom means a submerged ma- of the Sanctuary where vessels are pro- rine community comprised of orga- hibited from entering regardless of the nisms attached to exposed solid rock method of propulsion. substrate. Hardbottom is the substrate No motor zone means an area of the to which corals may attach but does Sanctuary where the use of internal not include the corals themselves. combustion motors is prohibited. A Idle speed only/no-wake means a speed vessel with an internal combustion at which a boat is operated that is no motor may access a no motor zone only greater than 4 knots or does not through the use of a push pole, paddle, produce a wake. sail, electric motor or similar means of Idle speed only/no-wake zone means a operation but is prohibited from using portion of the Sanctuary where the it’s internal combustion motor. speed at which a boat is operated may Not available for immediate use means be no greater than 4 knots or may not not readily accessible for immediate produce a wake. use, e.g., by being stowed unbaited in a Length overall (LOA) or length means, cabin, locker, rod holder, or similar as used in § 922.167 with respect to a storage area, or by being securely cov- vessel, the horizontal distance, rounded ered and lashed to a deck or bulkhead. to the nearest foot (with 0.5 ft and Officially marked channel means a above rounded upward), between the channel marked by Federal, State of

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Florida, or Monroe County officials of could result in significant declines in competent jurisdiction with naviga- species populations or habitat, to re- tional aids except for channels marked duce conflicts between uses, to protect idle speed only/no wake. areas that are critical for sustaining Personal watercraft means any jet or important marine species or habitats, air-powered watercraft operated by or to provide opportunities for sci- standing, sitting, or kneeling on or be- entific research. Appendix V to this hind the vessel, in contrast to a con- subpart sets forth the geographic co- ventional boat, where the operator ordinates of these areas. stands or sits inside the vessel, and Sanctuary wildlife means any species that uses an inboard engine to power a of fauna, including avifauna, that oc- water jet pump for propulsion, instead cupy or utilize the submerged re- of a propeller as in a conventional sources of the Sanctuary as nursery boat. areas, feeding grounds, nesting sites, Prop dredging means the use of a ves- shelter, or other habitat during any sel’s propulsion wash to dredge or oth- portion of their life cycles. erwise alter the seabed of the Sanc- Seagrass means any species of marine tuary. Prop dredging includes, but is angiosperms (flowering plants) that in- not limited to, the use of propulsion habit portions of the seabed in the wash deflectors or similar means of Sanctuary. Those species include, but dredging or otherwise altering the sea- are not limited to: Thalassia bed of the Sanctuary. Prop dredging testudinum (turtle grass); Syringodium does not include the disturbance to filiforme (manatee grass); Halodule bottom sediments resulting from nor- wrightii (shoal grass); Halophila mal vessel propulsion. decipiens, H. engelmannii, H. johnsonii; Prop scarring means the injury to and Ruppia maritima. seagrasses or other immobile orga- Special-use Area means an area of the nisms attached to the seabed of the Sanctuary set aside for scientific re- Sanctuary caused by operation of a search and educational purposes, recov- vessel in a manner that allows its pro- ery or restoration of Sanctuary re- peller or other running gear, or any sources, monitoring, to prevent use or part thereof, to cause such injury (e.g., user conflicts, to facilitate access and cutting seagrass rhizomes). Prop scar- use, or to promote public use and un- ring does not include minor disturb- derstanding of Sanctuary resources. ances to bottom sediments or seagrass Appendix VI to this subpart sets forth blades resulting from normal vessel the geographic coordinates of these propulsion. areas. Residential shoreline means any man- Stem means the foremost part of a made or natural: vessel, consisting of a section of timber (1) Shoreline, or fiberglass, or cast, forged, or rolled (2) Canal mouth, metal, to which the sides of the vessel (3) Basin, or are united at the fore end, with the (4) Cove adjacent to any residential lower end united to the keel, and with land use district, including improved the bowsprit, if one is present, resting subdivision, suburban residential or on the upper end. suburban residential limited, sparsely Stern means the aftermost part of the settled, urban residential, and urban vessel. residential mobile home under the Tank vessel means any vessel that is Monroe County land development regu- constructed or adapted to carry, or lations. that carries, oil or hazardous material Sanctuary means the Florida Keys in bulk as cargo or cargo residue, and National Marine Sanctuary. that— Sanctuary Preservation Area means an (1) Is a United States flag vessel; area of the Sanctuary that encom- (2) Operates on the navigable waters passes a discrete, biologically impor- of the United States; or tant area, within which uses are sub- (3) Transfers oil or hazardous mate- ject to conditions, restrictions and pro- rial in a port or place subject to the ju- hibitions, including access restrictions, risdiction of the United States [46 to avoid concentrations of uses that U.S.C. 2101].

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Traditional fishing means those com- ploring for, developing, or producing mercial or recreational fishing activi- minerals or hydrocarbons within the ties that were customarily conducted Sanctuary. within the Sanctuary prior to its des- (2) Removal of, injury to, or possession ignation as identified in the Environ- of coral or live rock. (i) Moving, remov- mental Impact Statement and Manage- ing, taking, harvesting, damaging, dis- ment Plan for this Sanctuary. turbing, touching, breaking, cutting, Tropical fish means any species in- or otherwise injuring, or possessing (re- cluded in section (2) of Rule 46–42.001, gardless of where taken from) any liv- Florida Administrative Code, repro- ing or dead coral, or coral formation, duced in appendix VIII to this subpart, or attempting any of these activities, or any part thereof. except as permitted under 50 CFR part Vessel means a watercraft of any de- 622. scription, including, but not limited to, motorized and non-motorized (ii) Harvesting, or attempting to har- watercraft, personal watercraft, air- vest, any live rock from the Sanctuary, boats, and float planes while maneu- or possessing (regardless of where vering on the water, capable of being taken from) any live rock within the used as a means of transportation in/on Sanctuary, except as authorized by a the waters of the Sanctuary. For pur- permit for the possession or harvest poses of this part, the terms ‘‘vessel,’’ from aquaculture operations in the Ex- ‘‘watercraft,’’ and ‘‘boat’’ have the clusive Economic Zone, issued by the same meaning. National Marine Fisheries Service pur- Wildlife Management Area means an suant to applicable regulations under area of the Sanctuary established for the appropriate Fishery Management the management, protection, and pres- Plan, or as authorized by the applica- ervation of Sanctuary wildlife re- ble State authority of competent juris- sources, including such an area estab- diction within the Sanctuary for live lished for the protection and preserva- rock cultured on State submerged tion of endangered or threatened spe- lands leased from the State of Florida, cies or their habitats, within which ac- pursuant to applicable State law. See cess is restricted to minimize disturb- § 370.027, Florida Statutes and imple- ances to Sanctuary wildlife; to ensure menting regulations. protection and preservation consistent (3) Alteration of, or construction on, the with the Sanctuary designation and seabed. Drilling into, dredging, or oth- other applicable law governing the pro- erwise altering the seabed of the Sanc- tection and preservation of wildlife re- tuary, or engaging in prop-dredging; or sources in the Sanctuary. Appendix III constructing, placing or abandoning to this subpart lists these areas and any structure, material, or other mat- their access restrictions. ter on the seabed of the Sanctuary, ex- (b) Other terms appearing in the reg- cept as an incidental result of: ulations in this part are defined at 15 CFR 922.3, and/or in the Marine Protec- (i) Anchoring vessels in a manner not tion, Research, and Sanctuaries Act otherwise prohibited by this part (see (MPRSA), as amended, 33 U.S.C. 1401 et §§ 922.163(a)(5)(ii) and 922.164(d)(1)(v)); seq. and 16 U.S.C. 1431 et seq. (ii) Traditional fishing activities not otherwise prohibited by this part; [62 FR 32161, June 12, 1997, as amended at 66 (iii) Installation and maintenance of FR 4369, Jan. 17, 2001; 74 FR 38094, July 31, 2009] navigational aids by, or pursuant to valid authorization by, any Federal, § 922.163 Prohibited activities—Sanc- State, or local authority of competent tuary-wide. jurisdiction; (a) Except as specified in paragraph (iv) Harbor maintenance in areas nec- (b) through (e) of this section, the fol- essarily associated with Federal water lowing activities are prohibited and resource development projects in exist- thus are unlawful for any person to ence on July 1, 1997, including mainte- conduct or to cause to be conducted: nance dredging of entrance channels (1) Mineral and hydrocarbon explo- and repair, replacement, or rehabilita- ration, development and production. Ex- tion of breakwaters or jetties;

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(v) Construction, repair, replace- greater than 4 knots or in manner ment, or rehabilitation of docks, sea- which creates a wake: walls, breakwaters, piers, or marinas (A) Within an area designated idle with less than ten slips authorized by speed only/no wake; any valid lease, permit, license, ap- (B) Within 100 yards of navigational proval, or other authorization issued aids indicating emergent or shallow by any Federal, State, or local author- reefs (international diamond warning ity of competent jurisdiction. symbol); (4) Discharge or deposit of materials or (C) Within 100 yards of the red and other matter. (i) Discharging or depos- white ‘‘divers down’’ flag (or the blue iting, from within the boundary of the and white ‘‘alpha’’ flag in Federal Sanctuary, any material or other mat- waters); ter, except: (D) Within 100 yards of residential (A) Fish, fish parts, chumming mate- shorelines; or rials, or bait used or produced inci- (E) Within 100 yards of stationary dental to and while conducting a tradi- vessels. tional fishing activity in the Sanc- (iv) Operating a vessel in such a man- tuary; ner as to injure or take wading, roost- (B) Water generated by routine vessel ing, or nesting birds or marine mam- operations (e.g., deck wash down and mals. graywater as defined in section 312 of (v) Operating a vessel in a manner the FWPCA), excluding oily wastes which endangers life, limb, marine re- from bilge pumping; or sources, or property. (C) Cooling water from vessels or en- (vi) Having a marine sanitation de- gine exhaust; vice that is not secured in a manner that prevents discharges or deposits of (ii) Discharging or depositing, from treated and untreated sewage. Accept- beyond the boundary of the Sanctuary, able methods include, but are not lim- any material or other matter that sub- ited to, all methods that have been ap- sequently enters the Sanctuary and in- proved by the U.S. Coast Guard (at 33 jures a Sanctuary resource or quality, CFR 159.7(b) and (c)). except: (6) Conduct of diving/snorkeling with- (A) Those listed in paragraph out flag. Diving or snorkeling without (a)(4)(i)(A) through (a)(4)(i)(C) of this flying in a conspicuous manner the red section; and white ‘‘divers down’’ flag (or the (B) Sewage incidental to vessel use blue and white ‘‘alpha’’ flag in Federal and generated by a marine sanitation waters). device approved in accordance with (7) Release of exotic species. Intro- section 312 of the Federal Water Pollu- ducing or releasing an exotic species of tion Control Act (FWPCA), as amend- plant, invertebrate, fish, amphibian, or ed, 33 U.S.C. 1322 et seq.; mammals into the Sanctuary. (C) Those authorized under Monroe (8) Damage or removal of markers. County land use permits; or Marking, defacing, or damaging in any (D) Those authorized under State way or displacing, removing, or tam- permits. pering with any official signs, notices, (5) Operation of vessels. (i) Operating a or placards, whether temporary or per- vessel in such a manner as to strike or manent, or with any navigational aids, otherwise injure coral, seagrass, or any monuments, stakes, posts, mooring other immobile organism attached to buoys, boundary buoys, trap buoys, or the seabed, including, but not limited scientific equipment. to, operating a vessel in such a manner (9) Movement of, removal of, injury to, as to cause prop-scarring. or possession of Sanctuary historical re- (ii) Having a vessel anchored on liv- sources. Moving, removing, injuring, or ing coral other than hardbottom in possessing, or attempting to move, re- water depths less than 40 feet when vis- move, injure, or possess, a Sanctuary ibility is such that the seabed can be historical resource. seen. (10) Take or possession of protected (iii) Except in officially marked wildlife. Taking any marine mammal, channels, operating a vessel at a speed sea turtle, or seabird in or above the

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Sanctuary, except as authorized by the issued after the effective date of these Marine Mammal Protection Act, as regulations. amended, (MMPA), 16 U.S.C. 1361 et (d)(1) All military activities shall be seq., the Endangered Species Act, as carried out in a manner that avoids to amended, (ESA), 16 U.S.C. 1531 et seq., the maximum extent practical any ad- and the Migratory Bird Treaty Act, as verse impacts on Sanctuary resources amended, (MBTA) 16 U.S.C. 703 et seq. and qualities. The prohibitions in para- (11) Possession or use of explosives or graph (a) of this section and § 922.164 do electrical charges. Possessing, or using not apply to existing classes of mili- explosives, except powerheads, or retary activities which were conducted leasing electrical charges within the prior to the effective date of these reg- Sanctuary. ulations, as identified in the Environ- (12) Harvest or possession of marine life mental Impact Statement and Manage- species. Harvesting, possessing, or land- ment Plan for the Sanctuary. New ing any marine life species, or part military activities in the Sanctuary thereof, within the Sanctuary, except are allowed and may be exempted from in accordance with rules 68B–42 of the the prohibitions in paragraph (a) of Florida Administrative Code, and such this section and in § 922.164 by the Di- rules shall apply mutatis mutandis rector after consultation between the (with necessary editorial changes) to Director and the Department of De- all Federal and State waters within the fense pursuant to section 304(d) of the Sanctuary. NMSA. When a military activity is (13) Interference with law enforcement. modified such that it is likely to de- Interfering with, obstructing, delaying stroy, cause the loss of, or injure a or preventing an investigation, search, Sanctuary resource or quality in a seizure, or disposition of seized prop- manner significantly greater than was erty in connection with enforcement of considered in a previous consultation the Acts or any regulation or permit under section 304(d) of the NMSA, or it issued under the Acts. is likely to destroy, cause the loss of, (b) Notwithstanding the prohibitions or injure a Sanctuary resource or qual- in this section and in § 922.164, and any ity not previously considered in a pre- access and use restrictions imposed vious consultation under section 304(d) pursuant thereto, a person may con- of the NMSA, the activity is considered duct an activity specifically authorized a new activity for purposes of this by, and conducted in accordance with paragraph. If it is determined that an the scope, purpose, terms, and condi- activity may be carried out, such actions of, a National Marine Sanctuary tivity shall be carried out in a manner permit issued pursuant to § 922.166. that avoids to the maximum extent (c) Notwithstanding the prohibitions practical any adverse impact on Sanc- in this section and in § 922.164, and any tuary resources and qualities. access and use restrictions imposed (2) In the event of threatened or ac- pursuant thereto, a person may con- tual destruction of, loss of, or injury to duct an activity specifically authorized a Sanctuary resource or quality result- by any valid Federal, State, or local ing from an untoward incident, includ- lease, permit, license, approval, or ing but not limited to spills and other authorization issued after the ef- groundings caused by the Department fective date of these regulations, pro- of Defense, the cognizant component vided that the applicant complies with shall promptly coordinate with the Di- § 922.49, the Director notifies the appli- rector for the purpose of taking appro- cant and authorizing agency that he or priate actions to prevent, respond to or she does not object to issuance of the mitigate the harm and, if possible, re- authorization, and the applicant com- store or replace the Sanctuary resource plies with any terms and conditions or quality. the Director deems reasonably nec- (e) The following prohibitions do not essary to protect Sanctuary resources apply to Federal, State and local offi- and qualities. Amendments, renewals cers while performing enforcement du- and extensions of authorizations in ex- ties in their official capacities or re- istence on the effective date of these sponding to emergencies that threaten regulations constitute authorizations life, property, or the environment:

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(1) Those contained in paragraph (a) Areas to be avoided. Operating a (a)(4) of this section only as it pertains tank vessel or a vessel greater than 50 to discharges of sewage incidental to meters in registered length is prohib- vessel use and generated by a marine ited in all areas to be avoided, except if sanitation device approved in accord- such vessel is a public vessel and its op- ance with section 312 of the Federal eration is essential for national de- Water Pollution Control Act (FWPCA), fense, law enforcement, or responses to as amended, 33 U.S.C. 1322 et seq.; and emergencies that threaten life, prop- (2) Those contained in paragraph erty, or the environment. Appendix VII (a)(5) of this section. to this subpart sets forth the geo- (f) Notwithstanding paragraph (b) of graphic coordinates of these areas. this section and paragraph (a) of (b) Existing management areas—(1) Key § 922.168, in no event may the Director Largo and Looe Key Management Areas. issue a permit under § 922.166 author- The following activities are prohibited izing, or otherwise approve, the explo- within the Key Largo and Looe Key ration for, leasing, development, or Management Areas (also known as the production of minerals or hydrocarbons Key Largo and Looe Key National Ma- within the Sanctuary, the disposal of rine Sanctuaries) described in appendix dredged material within the Sanctuary II to this subpart: other than in connection with beach (i) Removing, taking, damaging, renourishment or Sanctuary restora- harmfully disturbing, breaking, cut- tion projects, or the discharge of un- ting, spearing or similarly injuring any treated or primary treated sewage (ex- coral or other marine invertebrate, or cept by a certification, pursuant to any plant, soil, rock, or other material, § 922.167, of a valid authorization in ex- except commercial taking of spiny lob- istence on the effective date of these ster and stone crab by trap and rec- regulations), and any purported au- reational taking of spiny lobster by thorizations issued by other authori- hand or by hand gear which is con- ties after the effective date of these sistent with these regulations and the regulations for any of these activities applicable regulations implementing within the Sanctuary shall be invalid. the applicable Fishery Management Plan. (g) Any amendment to these regula- (ii) Taking any tropical fish. tions shall not take effect in Florida (iii) Fishing with wire fish traps, bot- State waters until approved by the tom trawls, dredges, fish sleds, or simi- Board of Trustees of the Internal Im- lar vessel-towed or anchored bottom provement Trust Fund of the State of fishing gear or nets. Florida. Any fishery regulations in the (iv) Fishing with, carrying or pos- Sanctuary shall not take effect in Flor- sessing, except while passing through ida State waters until established by without interruption or for law en- the Florida Marine Fisheries Commis- forcement purposes: pole spears, air ri- sion. fles, bows and arrows, slings, Hawaiian [62 FR 32161, June 12, 1997, as amended at 74 slings, rubber powered arbaletes, pneu- FR 38094, July 31, 2009; 75 FR 72659, Nov. 26, matic and spring-loaded guns or simi- 2010] lar devices known as spearguns. (2) Great White Heron and Key West § 922.164 Additional activity regula- National Wildlife Refuge Management tions by Sanctuary area. Areas. Operating a personal watercraft, In addition to the prohibitions set operating an airboat, or water skiing forth in § 922.163, which apply through- except within Township 66 South, out the Sanctuary, the following regu- Range 29 East, Sections 5, 11, 12 and 14; lations apply with respect to activities Township 66 South, Range 28 East, Sec- conducted within the Sanctuary areas tion 2; Township 67 South, Range 26 described in this section and in Appen- East, Sections 16 and 20, all Tallahas- dix (II) through (VII) to this subpart. see Meridian, are prohibited within the Activities located within two or more marine portions of the Great White overlapping Sanctuary areas are con- Heron and Key West National Wildlife currently subject to the regulations ap- Refuge Management Areas described in plicable to each overlapping area. appendix II to this subpart.

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(c) Wildlife management areas. (1) Ma- tions described in paragraph (c)(2) (i)– rine portions of the Wildlife Manage- (iv) of this section within the marine ment Areas listed in appendix III to portions of a Wildlife Management this subpart or portions thereof may be Area if the Director finds that such ac- designated ‘‘idle speed only/no-wake,’’ tion is reasonably necessary to mini- ‘‘no-motor’’ or ‘‘no-access buffer’’ zones mize disturbances to Sanctuary wild- or ‘‘closed’’. The Director, in coopera- life, or to ensure protection and preser- tion with other Federal, State, or local vation of Sanctuary wildlife consistent resource management authorities, as with the purposes of the Sanctuary appropriate, shall post signs conspicu- designation and other applicable law ously, using mounting posts, buoys, or governing the protection and preserva- other means according to location and tion of wildlife resources in the Sanc- purpose, at appropriate intervals and tuary. The Director will effect such locations, clearly delineating an area modification by: as an ‘‘idle speed only/no wake’’, a ‘‘no- (i) Publishing in the FEDERAL REG- motor’’, or a ‘‘no-access buffer’’ zone or ISTER, after notice and an opportunity as ‘‘closed’’, and allowing instant, long- for public comments in accordance, an range recognition by boaters. Such amendment to the list of such areas set signs shall display the official logo of forth in appendix III to this subpart, the Sanctuary. and a notice regarding the time and (2) The following activities are pro- place where maps depicting the precise hibited within the marine portions of locations of such restrictions will be the Wildlife Management Areas listed made available for public inspection, in appendix III to this subpart: and (i) In those marine portions of any (ii) Posting official signs delineating Wildlife Management Area designated such restrictions in accordance with an ‘‘idle speed only/no wake’’ zone in paragraph (c)(1) of this section. appendix III to this subpart, operating (d) Ecological Reserves, Sanctuary Pres- a vessel at a speed greater that idle ervation Areas, and Special Use (Research speed only/no wake. (ii) In those marine portions of any only) Areas. (1) The following activities Wildlife Management Area designated are prohibited within the Ecological a ‘‘no-motor’’ zone in appendix III to Reserves described in appendix IV to this subpart, using internal combus- this subpart, within the Sanctuary tion motors or engines for any pur- Preservation Areas described in appen- poses. A vessel with an internal com- dix V to this subpart, and within the bustion motor or engine may access a Special Use (Research only Areas) de- ‘‘no-motor’’ zone only through the use scribed in appendix VI to this subpart: of a push pole, paddle, sail, electric (i) Discharging or depositing any ma- motor or similar means of propulsion. terial or other matter except cooling (iii) In those marine portions of any water or engine exhaust. Wildlife Management Area designated (ii) Possessing, moving, harvesting, a ‘‘no-access buffer’’ zone in appendix removing, taking, damaging, dis- III of this subpart, entering the area by turbing, breaking, cutting, spearing, or vessel. otherwise injuring any coral, marine (iv) In those marine portions of any invertebrate, fish, bottom formation, Wildlife Management Area designated algae, seagrass or other living or dead as closed in appendix III of this sub- organism, including shells, or attempt- part, entering or using the area. ing any of these activities. However, (3) The Director shall coordinate fish, invertebrates, and marine plants with other Federal, State, or local re- may be possessed aboard a vessel in an source management authorities, as ap- Ecological Reserve or Sanctuary Pres- propriate, in the establishment and en- ervation Area, provided such resources forcement of access restrictions de- can be shown not to have been har- scribed in paragraph (c)(2) (i)–(iv) of vested within, removed from, or taken this section in the marine portions of within, the Ecological Reserve or Sanc- Wildlife Management Areas. tuary Preservation Area, as applicable, (4) The Director may modify the by being stowed in a cabin, locker, or number and location of access restric- similar storage area prior to entering

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and during transit through such re- of monitoring pursuant to paragraph serves or areas, provided further that (d)(2) of this section: entering the in an Ecological Reserve or Sanctuary Tortugas South area of the Tortugas Preservation Area located in Florida Ecological Reserve; or entering the State waters, such vessel is in contin- Tortugas North area of the Tortugas uous transit through the Ecological Ecological Reserve without a valid ac- Reserve or Sanctuary Preservation cess permit issued pursuant to § 922.167 Area. or entering or leaving the Tortugas (iii) Except for catch and release fish- North area with a valid access permit ing by trolling in the Conch Reef, Alli- issued pursuant to § 922.167 without no- gator Reef, Sombrero Reef, and Sand tifying FKNMS staff at the Dry Key SPAs, fishing by any means. How- Tortugas National Park office by tele- ever, gear capable of harvesting fish phone or radio no less than 30 minutes may be aboard a vessel in an Ecological and no more than 6 hours, before enter- Reserve or Sanctuary Preservation ing and upon leaving the Tortugas Eco- Area, provided such gear is not avail- logical Reserve. able for immediate use when entering and during transit through such Eco- (ix) Tying a vessel greater than 100 logical Reserve or Sanctuary Preserva- feet (30.48 meters) LOA, or tying more tion Area, and no presumption of fish- than one vessel (other than vessels car- ing activity shall be drawn therefrom. ried on board a vessel) if the combined (iv) Touching living or dead coral, in- lengths would exceed 100 feet (30.48 me- cluding but not limited to, standing on ters) LOA, to a mooring buoy or to a a living or dead coral formation. vessel tied to a mooring buoy in the (v) Anchoring in the Tortugas Ecologi- Tortugas Ecological Reserve. cal Reserve. In all other Ecological Re- (2) The Director may temporarily reserves and Sanctuary Preservation strict access to any portion of any Areas, placing any anchor in a way Sanctuary Preservation Area or Eco- that allows the anchor or any portion logical Reserve if the Director, on the of the anchor apparatus (including the basis of the best available data, infor- anchor, chain or rope) to touch living mation and studies, determines that a or dead coral, or any attached living concentration of use appears to be organism. When anchoring dive boats, causing or contributing to significant the first diver down must inspect the degradation of the living resources of anchor to ensure that it is not touch- the area and that such action is rea- ing living or dead coral, and will not sonably necessary to allow for recovery shift in such a way as to touch such of the living resources of such area. coral or other attached organism. No The Director will provide for contin- further diving shall take place until uous monitoring of the area during the the anchor is placed in accordance with pendency of the restriction. The Direc- these requirements. tor will provide public notice of the re- (vi) Except in the Tortugas Ecologi- striction by publishing a notice in the cal Reserve where mooring buoys must FEDERAL REGISTER, and by such other be used, anchoring instead of mooring means as the Director may deem ap- when a mooring buoy is available or propriate. The Director may only re- anchoring in other than a designated anchoring area when such areas have strict access to an area for a period of been designated and are available. 60 days, with one additional 60 day re- (vii) Except for passage without newal. The Director may restrict ac- interruption through the area, for law cess to an area for a longer period pur- enforcement purposes, or for purposes suant to a notice and opportunity for of monitoring pursuant to paragraph public comment rulemaking under the (d)(2) of this section, violating a tem- Administrative Procedure Act. Such porary access restriction imposed by restriction will be kept to the min- the Director pursuant to paragraph imum amount of area necessary to (d)(2) of this section. achieve the purposes thereof. (viii) Except for passage without (e) Special-use Areas. (1) The Director interruption through the area, for law may set aside discrete areas of the enforcement purposes, or for purposes Sanctuary as Special-use Areas, and,

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by designation pursuant to this para- ditions of a valid National Marine graph, impose the access and use re- Sanctuary General or Historical Re- strictions specified in paragraph (e)(3) sources permit, or of this section. Special-use Areas are (iii) In such area designated as a ‘‘fa- described in appendix VI to this sub- cilitated-use area’’, activities specified part, in accordance with the following by the Director or specifically author- designations and corresponding objec- ized by and conducted in accordance tives: with the scope, purpose, terms, and (i) ‘‘Recovery area’’ to provide for the conditions of a valid Special-use per- recovery of Sanctuary resources from mit. degradation or other injury attrib- (4)(i) The Director may modify the utable to human uses; number of, location of, or designations (ii) ‘‘Restoration area’’ to provide for applicable to, Special-use Areas by restoration of degraded or otherwise publishing in the FEDERAL REGISTER, injured Sanctuary resources; after notice and an opportunity for (iii) ‘‘Research-only area’’ to provide public comment in accordance with the for scientific research or education re- Administrative Procedure Act, an lating to protection and management, amendment to appendix VI to this sub- through the issuance of a Sanctuary part, except that, with respect to such General permit for research pursuant areas designated as a ‘‘recovery area,’’ to § 922.166 of these regulations; and ‘‘restoration area,’’ or ‘‘research only (iv) ‘‘Facilitated-use area’’ to provide area,’’ the Director may modify the for the prevention of use or user con- number of, location of, or designation flicts or the facilitation of access and applicable to, such areas by publishing use, or to promote public use and un- a notice of such action in the FEDERAL derstanding, of Sanctuary resources REGISTER if the Director determines through the issuance of special-use per- that immediate action is reasonably mits. necessary to: (2) A Special-use Area shall be no (A) Prevent significant injury to larger than the size the Director deems Sanctuary resources where cir- reasonably necessary to accomplish the cumstances create an imminent risk to applicable objective. such resources; (3) Persons conducting activities (B) Initiate restoration activity within any Special-use Area shall com- where a delay in time would signifi- ply with the access and use restrictions cantly impair the ability of such res- specified in this paragraph and made toration activity to succeed; applicable to such area by means of its (C) Initiate research activity where designation as a ‘‘recovery area,’’ an unforeseen natural event produces ‘‘restoration area,’’ ‘‘research-only an opportunity for scientific research area,’’ or ‘‘facilitated-use area.’’ Except that may be lost if research is not ini- for passage without interruption tiated immediately. through the area or for law enforce- (ii) If the Director determines that a ment purposes, no person may enter a notice of modification must be promul- Special-use Area except to conduct or gated immediately in accordance with cause to be conducted the following ac- paragraph (e)(4)(i) of this section, the tivities: Director will, as part of the same no- (i) In such area designated as a ‘‘re- tice, invite public comment and specify covery area’’ or a ‘‘restoration area’’, that comments will be received for 15 habitat manipulation related to res- days after the effective date of the no- toration of degraded or otherwise in- tice. As soon as practicable after the jured Sanctuary resources, or activi- end of the comment period, the Direc- ties reasonably necessary to monitor tor will either rescind, modify or allow recovery of degraded or otherwise in- the modification to remain unchanged jured Sanctuary resources; through notice in the FEDERAL REG- (ii) In such area designated as a ‘‘re- ISTER. search only area’’, scientific research (5) In addition to paragraph (e)(3) of or educational use specifically author- this section no person shall conduct ac- ized by and conducted in accordance tivities listed in paragraph (d) of this with the scope, purpose, terms and con- section in ‘‘Research-only Areas.’’

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(f) Additional Wildlife Management other than an activity involving the Areas, Ecological Reserves, Sanctuary survey/inventory, research/recovery, or Preservation Areas, or Special-use deaccession/transfer of Sanctuary his- Areas, and additional restrictions in torical resources, if such activity is such areas, shall not take effect in specifically authorized by, and pro- Florida State waters unless first ap- vided such activity is conducted in ac- proved by the Board of Trustees of the cordance with the scope, purpose, Internal Improvement Trust Fund of terms and conditions of, a National the State of Florida. Marine Sanctuary General permit (g) Anchoring on Tortugas Bank. Ves- issued under this paragraph (a). sels 50 meters or greater in registered (2) The Director, at his or her discre- length, are prohibited from anchoring tion, may issue a General permit under on the portion of Tortugas Bank within this paragraph (a), subject to such the Florida Keys National Marine terms and conditions as he or she Sanctuary west of the Dry Tortugas deems appropriate, if the Director finds National Park that is outside of the that the activity will: Tortugas Ecological Reserve. The (i) Further research or monitoring boundary of the area closed to anchor- related to Sanctuary resources and ing by vessels 50 meters or greater in qualities; registered length is formed by con- (ii) Further the educational value of necting in succession the points at the the Sanctuary; following coordinates (based on the (iii) Further the natural or historical North American Datum of 1983): resource value of the Sanctuary; (1) 24 deg. 32.00′ N 83 deg. 00.05′ W (iv) Further salvage or recovery oper- (2) 24 deg. 37.00′ N 83 deg. 06.00′ W ations in or near the Sanctuary in con- (3) 24 deg. 39.00′ N 83 deg. 06.00′ W nection with a recent air or marine (4) 24 deg. 39.00′ N 83 deg. 00.05′ W casualty; (5) 24 deg. 32.00′ N 83 deg. 00.05′ W (v) Assist in managing the Sanc- [62 FR 32161, June 12, 1997, as amended at 63 tuary; or FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, (vi) Otherwise further Sanctuary pur- 2001; 74 FR 38095, July 31, 2009] poses, including facilitating multiple use of the Sanctuary, to the extent § 922.165 Emergency regulations. compatible with the primary objective Where necessary to prevent or mini- of resource protection. mize the destruction of, loss of, or in- (3) The Director shall not issue a jury to a Sanctuary resource or qual- General permit under this paragraph ity, or minimize the imminent risk of (a), unless the Director also finds that: such destruction, loss, or injury, any (i) The applicant is professionally and all activities are subject to imme- qualified to conduct and complete the diate temporary regulation, including proposed activity; prohibition. Emergency regulations (ii) The applicant has adequate finan- shall not take effect in Florida terri- cial resources available to conduct and torial waters until approved by the complete the proposed activity; Governor of the State of Florida. Any (iii) The duration of the proposed ac- temporary regulation may be in effect tivity is no longer than necessary to for up to 60 days, with one 60-day ex- achieve its stated purpose; tension. Additional or extended action (iv) The methods and procedures pro- will require notice and comment rule- posed by the applicant are appropriate making under the Administrative Pro- to achieve the proposed activity’s goals cedure Act, notice in local newspapers, in relation to the activity’s impacts on notice to Mariners, and press releases. Sanctuary resources and qualities; (v) The proposed activity will be con- § 922.166 Permits other than for access ducted in a manner compatible with to the Tortugas Ecological Re- the primary objective of protection of serve—application procedures and Sanctuary resources and qualities, con- issuance criteria. sidering the extent to which the con- (a) National Marine Sanctuary General duct of the activity may diminish or Permit. (1) A person may conduct an ac- enhance Sanctuary resources and tivity prohibited by §§ 922.163 or 922.164, qualities, any indirect, secondary or

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cumulative effects of the activity, and once a permit is issued for an area, the duration of such effects; other survey/inventory permits will (vi) It is necessary to conduct the not be issued for the same area during proposed activity within the Sanctuary the period for which the permit is to achieve its purposes; and valid. (vii) The reasonably expected end (2) The Director, at his or her discre- value of the activity to the furtherance tion, may issue a Survey/Inventory of Sanctuary goals and purposes out- permit under this paragraph (b), sub- weighs any potential adverse impacts ject to such terms and conditions as he on Sanctuary resources and qualities or she deems appropriate, if the Direc- from the conduct of the activity. tor finds that such activity: (4) For activities proposed to be con- (i) Satisfies the requirements for a ducted within any of the areas de- permit issued under paragraph (a)(3) of scribed in § 922.164 (b)–(e), the Director this section; shall not issue a permit unless he or she further finds that such activities (ii) Either will be non-intrusive, not will further and are consistent with the include any excavation, removal, or re- purposes for which such area was es- covery of historical resources, and not tablished, as described in §§ 922.162 and result in destruction of, loss of, or in- 922.164 and in the management plan for jury to Sanctuary resources or quali- the Sanctuary. ties, or if intrusive, will involve no (b) National Marine Sanctuary Survey/ more than the minimum manual alter- Inventory of Historical Resources Permit. ation of the seabed and/or the removal (1) A person may conduct an activity of artifacts or other material necessary prohibited by §§ 922.163 or 922.164 involv- for evaluative purposes and will cause ing the survey/inventory of Sanctuary no significant adverse impacts on historical resources if such activity is Sanctuary resources or qualities; and specifically authorized by, and is con- (iii) That such activity will be conducted in accordance with the scope, ducted in accordance with all require- purpose, terms and conditions of, a ments of the Programmatic Agreement Survey/Inventory of Historical Re- for the Management of Submerged Cul- sources permit issued under this para- tural Resources in the Florida Keys graph (b). Such permit is not required National Marine Sanctuary among if such survey/inventory activity does NOAA, the Advisory Council on His- not involve any activity prohibited by toric Preservation, and the State of §§ 922.163 or 922.164. Thus, survey/inven- Florida (hereinafter SCR Agreement), tory activities that are non-intrusive, and that such permit issuance is in ac- do not include any excavation, re- cordance with such SCR Agreement. moval, or recovery of historical re- Copies of the SCR Agreement may also sources, and do not result in destruc- be examined at, and obtained from, the tion of, loss of, or injury to Sanctuary Sanctuaries and Reserves Division, Of- resources or qualities do not require a permit. However, if a survey/inventory fice of Ocean and Coastal Resource activity will involve test excavations Management, National Ocean Service, or removal of artifacts or materials for National Oceanic and Atmospheric Ad- evaluative purposes, a Survey/Inven- ministration, 1305 East-West Highway, tory of Historical Resources permit is 12th floor, Silver Spring, MD 20910; or required. Regardless of whether a Sur- from the Florida Keys National Marine vey/Inventory permit is required, a per- Sanctuary Office, P.O. Box 500368, Mar- son may request such permit. Persons athon, FL 33050. who have demonstrated their profes- (c) National Marine Sanctuary Re- sional abilities under a Survey/Inven- search/Recovery of Sanctuary Historical tory permit will be given preference Resources Permit. (1) A person may con- over other persons in consideration of duct any activity prohibited by the issuance of a Research/Recovery §§ 922.163 or 922.164 involving the re- permit. While a Survey/Inventory per- search/recovery of Sanctuary historical mit does not grant any rights with re- resources if such activity is specifi- gards to areas subject to pre-existing cally authorized by, and is conducted rights of access which are still valid, in accordance with the scope, purpose,

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terms and conditions of, a Research/Re- Sanctuary resource, and if for the covery of Historical Resources permit deaccession/transfer of Sanctuary His- issued under this paragraph (c). torical Resources, unless such permit (2) The Director, at his or her discre- issuance is in accordance with, and tion, may issue a Research/Recovery of that the activity will be conducted in Historical Resources permit, under this accordance with, all requirements of paragraph (c), and subject to such the SCR Agreement. terms and conditions as he or she (3) The Director may assess and col- deems appropriate, if the Director finds lect fees for the conduct of any activity that: authorized by a Special-use permit (i) Such activity satisfies the re- issued pursuant to this paragraph (d). quirements for a permit issued under No Special-use permit shall be effective paragraph (a)(3) of this section; until all assessed fees are paid, unless (ii) The recovery of the resource is in otherwise provided by the Director by the public interest as described in the a fee schedule set forth as a permit SCR Agreement; condition. In assessing a fee, the Direc- (iii) Recovery of the resource is part tor shall include: of research to preserve historic infor- (i) All costs incurred, or expected to mation for public use; and be incurred, in reviewing and proc- (iv) Recovery of the resource is nec- essing the permit application, includ- essary or appropriate to protect the re- ing, but not limited to, costs for: source, preserve historical informa- (A) Number of personnel; tion, and/or further the policies and (B) Personnel hours; purposes of the NMSA and the (C) Equipment; FKNMSPA, and that such permit (D) Biological assessments; issuance is in accordance with, and (E) Copying; and that the activity will be conducted in (F) Overhead directly related to re- accordance with, all requirements of viewing and processing the permit ap- the SCR Agreement. plication; (d) National Marine Sanctuary Special- (ii) All costs incurred, or expected to use Permit. (1) A person may conduct be incurred, as a direct result of the any commercial or concession-type ac- conduct of the activity for which the tivity prohibited by §§ 922.163 or 922.164, Special-use permit is being issued, in- if such activity is specifically author- cluding, but not limited to: ized by, and is conducted in accordance (A) The cost of monitoring the con- with the scope, purpose, terms and conduct both during the activity and after ditions of, a Special-use permit issued the activity is completed in order to under this paragraph (d). A Special-use assess the impacts to Sanctuary re- permit is required for the deaccession/ sources and qualities; transfer of Sanctuary historical re- (B) The use of an official NOAA ob- sources. server, including travel and expenses (2) The Director, at his or her discre- and personnel hours; and tion, may issue a Special-use permit in (C) Overhead costs directly related to accordance with this paragraph (d), and the permitted activity; and subject to such terms and conditions as (iii) An amount which represents the he or she deems appropriate and the fair market value of the use of the mandatory terms and conditions of sec- Sanctuary resource and a reasonable tion 310 of the NMSA, if the Director return to the United States Govern- finds that issuance of such permit is ment. reasonably necessary to: establish con- (4) Nothing in this paragraph (d) ditions of access to and use of any shall be considered to require a person Sanctuary resource; or promote public to obtain a permit under this para- use and understanding of any Sanc- graph for the conduct of any fishing ac- tuary resources. No permit may be tivities within the Sanctuary. issued unless the activity is compatible (e) Applications. (1) Applications for with the purposes for which the Sanc- permits should be addressed to the Di- tuary was designated and can be con- rector, Office of Ocean and Coastal Re- ducted in a manner that does not de- source Management; ATTN: Sanctuary stroy, cause the loss of, or injure any Superintendent, Florida Keys National

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Marine Sanctuary, P.O. Box 500368, conditions. In order to renew the per- Marathon, FL 33050. All applications mit, the Director must find that the: must include: (1) Activity will continue to further (i) A detailed description of the pro- the purposes for which the Sanctuary posed activity including a timetable was designated in accordance with the for completion of the activity and the criteria applicable to the initial equipment, personnel and methodology issuance of the permit; to be employed; (2) Permittee has at no time violated (ii) The qualifications and experience the permit, or these regulations; and of all personnel; (3) The activity has not resulted in (iii) The financial resources available any unforeseen adverse impacts to to the applicant to conduct and com- Sanctuary resources or qualities. plete the proposed activity; (g) The Director may amend, suspend, or revoke a permit for good (iv) A statement as to why it is nec- cause. The Director may deny a permit essary to conduct the activity within application, in whole or in part, if it is the Sanctuary; determined that the permittee or ap- (v) The potential impacts of the ac- plicant has acted in violation of a pre- tivity, if any, on Sanctuary resources vious permit, of these regulations, of and qualities; the NMSA or FKNMSPA, or for other (vi) The benefit to be derived from good cause. Any such action shall be the activity; and communicated in writing to the per- (vii) Such other information as the mittee or applicant by certified mail Director may request depending on the and shall set forth the reason(s) for the type of activity. Copies of all other re- action taken. Procedures governing quired licenses, permits, approvals, or permit sanctions and denials for en- other authorizations must be attached forcement reasons are set forth in Sub- to the application. part D of 15 CFR part 904. (2) Upon receipt of an application, (h) The applicant for or holder of a the Director may request such addi- National Marine Sanctuary permit tional information from the applicant may appeal the denial, conditioning, as he or she deems reasonably nec- amendment, suspension or revocation essary to act on the application and of the permit in accordance with the may seek the views of any persons. The procedures set forth in § 922.50. Director may require a site visit as (i) A permit issued pursuant to this part of the permit evaluation. Unless section other than a Special-use permit otherwise specified, the information re- is nontransferable. Special-use permits quested must be received by the Direc- may be transferred, sold, or assigned tor within 30 days of the postmark date with the written approval of the Direc- of the request. Failure to provide such tor. The permittee shall provide the Di- additional information on a timely rector with written notice of any pro- basis may be deemed by the Director to posed transfer, sale, or assignment no constitute abandonment or withdrawal less than 30 days prior to its proposed of the permit application. consummation. Transfers, sales, or as- (f) A permit may be issued for a pe- signments consummated in violation of riod not exceeding five years. All per- this requirement shall be considered a mits will be reviewed annually to de- material breach of the Special-use per- termine the permittee’s compliance mit, and the permit shall be considered with permit scope, purpose, terms and void as of the consummation of any conditions and progress toward reach- such transfer, sale, or assignment. ing the stated goals and appropriate (j) The permit or a copy thereof shall action taken under paragraph (g) of be maintained in legible condition on this section if warranted. A permittee board all vessels or aircraft used in the may request permit renewal pursuant conduct of the permitted activity and to the same procedures for applying for be displayed for inspection upon the re- a new permit. Upon the permittee’s request of any authorized officer. quest for renewal, the Director shall (k) Any permit issued pursuant to review all reports submitted by the this section shall be subject to the fol- permittee as required by the permit lowing terms and conditions:

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(1) All permitted activities shall be ant to this section is subject to such conducted in a manner that does not other terms and conditions, including destroy, cause the loss of, or injure conditions governing access to, or use Sanctuary resources or qualities, ex- of, Sanctuary resources, as the Direc- cept to the extent that such may be tor deems reasonably necessary or ap- specifically authorized. propriate and in furtherance of the pur- (2) The permittee agrees to hold the poses for which the Sanctuary is des- United States harmless against any ignated. Such terms and conditions claims arising out of the conduct of the may include, but are not limited to: permitted activities. (1) Any data or information obtained (3) All necessary Federal, State, and under the permit shall be made avail- local permits from all agencies with ju- able to the public. risdiction over the proposed activities (2) A NOAA official shall be allowed shall be secured before commencing to observe any activity conducted field operations. under the permit. (l) In addition to the terms and con- (3) The permittee shall submit one or ditions listed in paragraph (k) of this more reports on the status, progress, or section, any permit authorizing the re- results of any activity authorized by search/recovery of historical resources the permit. shall be subject to the following terms (4) The permittee shall submit an an- and conditions: nual report to the Director not later (1) A professional archaeologist shall than December 31 of each year on ac- be in charge of planning, field recovery tivities conducted pursuant to the per- operations, and research analysis. mit. The report shall describe all ac- (2) An agreement with a conservation tivities conducted under the permit laboratory shall be in place before field and all revenues derived from such ac- recovery operations are begun, and an tivities during the year and/or term of approved nautical conservator shall be the permit. in charge of planning, conducting, and (5) The permittee shall purchase and supervising the conservation of any ar- maintain general liability insurance or tifacts and other materials recovered. other acceptable security against po- (3) A curation agreement with a mu- tential claims for destruction, loss of, seum or facility for curation, public ac- or injury to Sanctuary resources aris- cess and periodic public display, and ing out of the permitted activities. The maintenance of the recovered histor- amount of insurance or security should ical resources shall be in place before be commensurate with an estimated commencing field operations (such value of the Sanctuary resources in the agreement for the curation and display permitted area. A copy of the insur- of recovered historical resources may ance policy or security instrument provide for the release of public arti- shall be submitted to the Director. facts for deaccession/transfer if such deaccession/transfer is consistent with § 922.167 Permits for access to the preservation, research, education, or Tortugas Ecological Reserve. other purposes of the designation and (a) A person may enter the Tortugas management of the Sanctuary. North area of the Tortugas Ecological Deaccession/transfer of historical re- Reserve other than for passage without sources requires a Special-use permit interruption through the reserve, for issued pursuant to paragraph (d) and law enforcement purposes, or for pur- such deaccession/transfer shall be exe- poses of monitoring pursuant to para- cuted in accordance with the require- graph (d)(2) of § 922.164 , if authorized ments of the SCR Agreement). by a valid access permit issued pursu- (4) The site’s archaeological informa- ant to § 922.167. tion is fully documented, including (b)(1) Access permits must be re- measured drawings, site maps drawn to quested at least 72 hours but no longer professional standards, and photo- than one month before the date the graphic records. permit is desired to be effective. Access (m) In addition to the terms and con- permits do not require written applica- ditions listed in paragraph (k) and (l) of tions or the payment of any fee. Per- this section, any permit issued pursu- mits may be requested via telephone or

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radio by contacting FKNMS at any of (c) Then runs southwesterly approximating the following numbers: the 300-foot isobath and connects in succession the points at the following coordinates: Key West office: telephone: (305) 292–0311 (i) 25 degrees 07 minutes north latitude, 80 Marathon office: telephone: (305) 743–2437 degrees 13 minutes west longitude, (2) The following information must (ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes west longitude, be provided, as applicable: (iii) 24 degrees 39 minutes north latitude, (i) Vessel name. 80 degrees 52 minutes west longitude, (ii) Name, address, and telephone (iv) 24 degrees 30 minutes north latitude, 81 number of owner and operator. degrees 23 minutes west longitude, (iii) Name, address, and telephone (v) 24 degrees 25 minutes north latitude, 81 number of applicant. degrees 50 minutes west longitude, (iv) USCG documentation, state li- (vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes west longitude, cense, or registration number. (vii) 24 degrees 37 minutes north latitude, (v) Home port. 83 degrees 06 minutes west longitude, (vi) Length of vessel and propulsion (viii) 24 degrees 46 minutes north latitude, type (i.e., motor or sail). 83 degrees 06 minutes west longitude, (vii) Number of divers. (ix) 24 degrees 46 minutes north latitude, 82 (viii) Requested effective date and degrees 54 minutes west longitude, duration of permit (2 weeks, max- (x) 24 degrees 44 minutes north latitude, 81 imum). degrees 55 minutes west longitude, (c) The Sanctuary Superintendent (xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes west longitude, and will issue a permit to the owner or to (xii) 24 degrees 55 minutes north latitude, the owner’s representative for the ves- 80 degrees 56 minutes west longitude; sel when all applicable information has (d) Then follows the boundary of Ever- been provided. The Sanctuary Super- glades National Park in a southerly then intendent will provide a permit number northeasterly direction through Florida Bay, to the applicant and confirm the effec- Buttonwood Sound, Tarpon Basin, and tive date and duration period of the Blackwater Sound; (e) After Division Point, then departs from permit. Written confirmation of permit the boundary of Everglades National Park issuance will be provided upon request. and follows the western shoreline of Manatee [66 FR 4370, Jan. 17, 2001] Bay, Barnes Sound, and Card Sound; (f) then follows the southern boundary of § 922.168 [Reserved] Biscayne National Park to the southeastern- most point of Biscayne National Park; and APPENDIX I TO SUBPART P OF PART 922— (g) then follows the eastern boundary of Biscayne National Park to the beginning FLORIDA KEYS NATIONAL MARINE point specified in paragraph (a). SANCTUARY BOUNDARY COORDI- (2) The shoreward boundary of the Florida NATES Keys National Marine Sanctuary is the mean high-water mark except around the Dry (APPENDIX BASED ON NORTH AMERICAN DATUM Tortugas where the boundary is coterminous OF 1983) with that of the Dry Tortugas National (1) The boundary of the Florida Keys Na- Park, formed by connecting in succession tional Marine Sanctuary— the points at the following coordinates: (a) Begins at the northeasternmost point (a) 24 degrees 34 minutes 0 seconds north of Biscayne National Park located at ap- latitude, 82 degrees 54 minutes 0 seconds proximately 25 degrees 39 minutes north lati- west longitude; tude, 80 degrees 05 minutes west longitude, (b) 24 degrees 34 minutes 0 seconds north then runs eastward to the point at 25 degrees latitude, 82 degrees 58 minutes 0 second west 39 minutes north latitude, 80 degrees 04 min- longitude; utes west longitude; and (c) 24 degrees 39 minutes 0 seconds north (b) Then runs southward and connects in latitude, 82 degrees 58 minutes 0 seconds succession the points at the following coordi- west longitude; nates: (d) 24 degrees 43 minutes 0 seconds north (i) 25 degrees 34 minutes north latitude, 80 latitude, 82 degrees 54 minutes 0 seconds degrees 04 minutes west longitude, west longitude; (ii) 25 degrees 28 minutes north latitude, 80 (e) 24 degrees 43 minutes 32 seconds north degrees 05 minutes west longitude, and latitude, 82 degrees 52 minutes 0 seconds (iii) 25 degrees 21 minutes north latitude, west longitude; 80 degrees 07 minutes west longitude; (f) 24 degrees 43 minutes 32 seconds north (iv) 25 degrees 16 minutes north latitude, 80 latitude, 82 degrees 48 minutes 0 seconds degrees 08 minutes west longitude; west longitude;

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(g) 24 degrees 42 minutes 0 seconds north UNITED STATES FISH AND WILDLIFE SERVICE latitude, 82 degrees 46 minutes, 0 seconds west longitude; GREAT WHITE HERON NATIONAL WILDLIFE (h) 24 degrees 40 minutes 0 seconds north REFUGE latitude, 82 degrees 46 minutes 0 seconds [Based on the North American Datum of 1983] west longitude; (i) 24 degrees 37 minutes 0 seconds north Point Latitude Longitude latitude, 82 degrees 48 minutes 0 seconds 1 ...... 24 deg.43.8′ N 81 deg.48.6′ W. west longitude; and 2 ...... 24 deg.43.8′ N 81 deg.37.2′ W. (j) 24 degrees 34 minutes 0 seconds north 3 ...... 24 deg.49.2′ N 81 deg.37.2′ W. ′ ′ latitude, 82 degrees 54 minutes 0 seconds 4 ...... 24 deg.49.2 N 81 deg.19.8 W. 5 ...... 24 deg.48.0′ N 81 deg.19.8′ W. west longitude. 6 ...... 24 deg.48.0′ N 81 deg.14.4′ W. (3) The Florida Keys National Marine 7 ...... 24 deg.49.2′ N 81 deg.14.4′ W. Sanctuary also includes the area located 8 ...... 24 deg.49.2′ N 81 deg.08.4′ W. within the boundary formed by connecting in 9 ...... 24 deg.43.8′ N 81 deg.08.4′ W. 10 ...... 24 deg.43.8′ N 81 deg.14.4′ W. succession the points at the following coordi- 11 ...... 24 deg.43.2′ N 81 deg.14.4′ W. nates: 12 ...... 24 deg.43.2′ N 81 deg.16.2′ W. (a) 24 degrees 33 minutes north latitude, 83 13 ...... 24 deg.42.6′ N 81 deg.16.2′ W. degrees 09 minutes west longitude, 14 ...... 24 deg.42.6′ N 81 deg.21.0′ W. 15 ...... 24 deg.41.4′ N 81 deg.21.0′ W. (b) 24 degrees 33 minutes north latitude, 83 16 ...... 24 deg.41.4′ N 81 deg.22.2′ W. degrees 05 minutes west longitude, and 17 ...... 24 deg.43.2′ N 81 deg.22.2′ W. (c) 24 degrees 18 minutes north latitude, 83 18 ...... 24 deg.43.2′ N 81 deg.22.8′ W. degrees 05 minutes west longitude; 19 ...... 24 deg.43.8′ N 81 deg.22.8′ W. 20 ...... 24 deg.43.8′ N 81 deg.24.0′ W. (d) 24 degrees 18 minutes north latitude, 83 21 ...... 24 deg.43.2′ N 81 deg.24.0′ W. degrees 09 minutes west longitude; and 22 ...... 24 deg.43.2′ N 81 deg.26.4′ W. (e) 24 degrees 33 minutes north latitude, 83 23 ...... 24 deg.43.8′ N 81 deg.26.4′ W. degrees 09 minutes west longitude. 24 ...... 24 deg.43.8′ N 81 deg.27.0′ W. 25 ...... 24 deg.43.2′ N 81 deg.27.0′ W. [66 FR 4370, Jan. 17, 2001] 26 ...... 24 deg.43.2′ N 81 deg.29.4′ W. 27 ...... 24 deg.42.6′ N 81 deg.29.4′ W. 28 ...... 24 deg.42.6′ N 81 deg.30.6′ W. APPENDIX II TO SUBPART P OF PART 29 ...... 24 deg.41.4′ N 81 deg.30.6′ W. 922—EXISTING MANAGEMENT AREAS 30 ...... 24 deg.41.4′ N 81 deg.31.2′ W. BOUNDARY COORDINATES 31 ...... 24 deg.40.8′ N 81 deg.31.2′ W. 32 ...... 24 deg.40.8′ N 81 deg.32.4′ W. ′ ′ (1) The boundary of each of the Existing 33 ...... 24 deg.41.4 N 81 deg.32.4 W. 34 ...... 24 deg.41.4′ N 81 deg.34.2′ W. Management Areas is formed by connecting 35 ...... 24 deg.40.8′ N 81 deg.34.2′ W. in succession the points at the following co- 36 ...... 24 deg.48.0′ N 81 deg.35.4′ W. ordinates: 37 ...... 24 deg.39.6′ N 81 deg.35.4′ W. 38 ...... 24 deg.39.6′ N 81 deg.36.0′ W. NATIONAL OCEANIC AND ATMOSPHERIC 39 ...... 24 deg.39.0′ N 81 deg.36.0′ W. 40 ...... 24 deg.39.0′ N 81 deg.37.2′ W. ADMINISTRATION 41 ...... 24 deg.37.8′ N 81 deg.37.2′ W. 42 ...... 24 deg.37.8′ N 81 deg.37.8′ W. KEY LARGO-MANAGEMENT AREA 43 ...... 24 deg.37.2′ N 81 deg.37.8′ W. [Based on differential Global Positioning Systems data] 44 ...... 24 deg.37.2′ N 81 deg.40.2′ W. 45 ...... 24 deg.36.0′ N 81 deg.40.2′ W. ′ ′ Point Latitude Longitude 46 ...... 24 deg.36.0 N 81 deg.40.8 W. 47 ...... 24 deg.35.4′ N 81 deg.40.8′ W. ′ ″ ′ ″ 48 ...... 24 deg.35.4′ N 81 deg.42.0′ W. 1 ...... 25 deg.19 45 N 80 deg.12 00 W. ′ ′ ′ ″ ′ ″ 49 ...... 24 deg.36.0 N 81 deg.42.0 W. 2 ...... 25 deg.16 02 N 80 deg.08 07 W. 50 ...... 24 deg.36.0′ N 81 deg.48.6′ W. ′ ″ ′ ″ 3 ...... 25 deg.07 05 N 80 deg.12 05 W. 51 ...... 24 deg.43.8′ N 81 deg.48.6′ W. 4 ...... 24 deg.58′03″ N 80 deg.19′08″ W. 5 ...... 25 deg.02′02″ N 80 deg.25′25″ W. 6 ...... 25 deg.19′45″ N 80 deg.12′00″ W. KEY WEST NATIONAL WILDLIFE REFUGE [Based on the North American Datum of 1983]

LOOE KEY MANAGEMENT AREA Point Latitude Longitude [Based on differential Global Positioning Systems data] 1 ...... 24 deg.40.0′ N 81 deg.49.0′ W. ′ ′ Point Latitude Longitude 2 ...... 24 deg.40.0 N 82 deg.10.0 W. 3 ...... 24 deg.27.0′ N 82 deg.10.0′ W. 4 ...... 24 deg.27.0′ N 81 deg.49.0′ W. 1 ...... 24 deg.31′62″ N 81 deg.26′00″ W. 5 ...... 24 deg.40.0′ N 81 deg.49.0′ W. 2 ...... 24 deg.33′57″ N 81 deg.26′00″ W. 3 ...... 24 deg.34′15″ N 81 deg.23′00″ W. (2) When differential Global Positioning 4 ...... 24 deg.32′20″ N 81 deg.23′00″ W. Systems data becomes available, these co- 5 ...... 24 deg.31′62″ N 81 deg.26′00″ W. ordinates may be publication in the FEDERAL

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

Area Access restrictions

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

APPENDIX IV TO SUBPART P OF PART (2) The Tortugas Ecological Reserve con- 922—ECOLOGICAL RESERVES BOUNDARY sists of two discrete areas, Tortugas North and Tortugas South. Coordinates (3) The boundary of Tortugas North is formed by connecting in succession the (1) The boundary of the Western Sambo Ec- points at the following coordinates: ological Reserve is formed by connecting in succession the points at the following coordinates: TORTUGAS NORTH Point Latitude Longitude WESTERN SAMBO [Based on differential Global Positioning Systems data] 1 ...... 24 deg.46.00′ N ...... 83 deg.06.00′ W. 2 ...... 24 deg.46.00′ N ...... 82 deg.54.00′ W. Point Latitude Longitude 3 ...... 24 deg.45.80′ N ...... 82 deg.48.00′ W. 4 ...... 24 deg.43.53′ N ...... 82 deg.48.00′ W. 1 ...... 24 deg.33.70′ N ...... 81 deg.40.80′ W. 5 ...... 24 deg.43.53′ N ...... 82 deg.52.00′ W. 2 ...... 24 deg.28.85′ N ...... 81 deg.41.90′ W. 6 ...... 24 deg.43.00′ N ...... 82 deg.54.00′ W. 3 ...... 24 deg.28.50′ N ...... 81 deg.43.70′ W. 7 ...... 24 deg.39.00′ N ...... 82 deg.58.00′ W. 4 ...... 24 deg.33.50′ N ...... 81 deg.43.10′ W. 8 ...... 24 deg.39.00′ N ...... 83 deg.06.00′ W. 5 ...... 24 deg.33.70′ N ...... 81 deg.40.80′ W. 9 ...... 24 deg.46.00′ N ...... 83 deg.06.00′ W.

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(4) The boundary of Tortugas South is COFFINS PATCH—Continued formed by connecting in succession the [Based on differential Global Positioning Systems data] points at the following coordinates: Point Latitude Longitude TORTUGAS SOUTH 5 ...... 24 deg.41.47′ N 80 deg.57.68′ W. Point Latitude Longitude

1 ...... 24 deg.33.00′ N ...... 83 deg.09.00′ W. CONCH REEF ′ ′ 2 ...... 24 deg.33.00 N ...... 83 deg.05.00 W. [Based on differential Global Positioning Systems data] 3 ...... 24 deg.18.00′ N ...... 83 deg.05.00′ W. 4 ...... 24 deg.18.00′ N ...... 83 deg.09.00′ W. 5 ...... 24 deg.33.00′ N ...... 83 deg.09.00′ W. Point Latitude Longitude 1 ...... 24 deg.57.48′ N 80 deg.27.47′ W. [66 FR 4372, Jan. 17, 2001] 2 ...... 24 deg.57.34′ N 80 deg.27.26′ W. 3 ...... 24 deg.56.78′ N 80 deg.27.52′ W. APPENDIX V TO SUBPART P OF PART 4 ...... 24 deg.56.96′ N 80 deg.27.73′ W. 922—SANCTUARY PRESERVATION 5 ...... 24 deg.57.48′ N 80 deg.27.47′ W. AREAS BOUNDARY COORDINATES Catch and release fishing by trolling only The boundary of each of the Sanctuary is allowed in this SPA. Preservation Areas (SPAs) is formed by connecting in succession the points at the fol- DAVIS REEF lowing coordinates: [Based on differential Global Positioning Systems data]

ALLIGATOR REEF Point Latitude Longitude [Based on differential Global Positioning Systems data] 1 ...... 24 deg.55.61′ N 80 deg.30.27′ W. Point Latitute Longitude 2 ...... 24 deg.55.41′ N 80 deg.30.05′ W. 3 ...... 24 deg.55.11′ N 80 deg.30.35′ W. ′ ′ 1 ...... 24 deg.50.98 N 80 deg.36.84 W. 4 ...... 24 deg.55.34′ N 80 deg.30.52′ W. 2 ...... 24 deg.50.51′ N 80 deg.37.35′ W. 5 ...... 24 deg.55.61′ N 80 deg.30.27′ W. 3 ...... 24 deg.50.81′ N 80 deg.37.63′ W. 4 ...... 24 deg.51.23′ N 80 deg.37.17′ W. 5 ...... 24 deg.50.98′ N 80 deg.36.84′ W. DRY ROCKS Catch and release fishing by trolling only [Based on differential Global Positioning Systems data] is allowed in this SPA. Point Latitude Longitude

CARYSFORT/SOUTH CARYSFORT REEF 1 ...... 25 deg.07.59′ N 80 deg.17.91′ W. [Based on differential Global Positioning Systems data] 2 ...... 25 deg.07.41′ N 80 deg.17.70′ W. 3 ...... 25 deg.07.25′ N 80 deg.17.82′ W. Point Latitude Longitude 4 ...... 25 deg.07.41′ N 80 deg.18.09′ W. ′ ′ 1 ...... 25 deg.13.78′ N 80 deg.12.00′ W. 5 ...... 25 deg.07.59 N 80 deg.17.91 W. 2 ...... 25 deg.12.03′ N 80 deg.12.98′ W. 3 ...... 25 deg.12.24′ N 80 deg.13.77′ W. 4 ...... 25 deg.14.13′ N 80 deg.12.78′ W. GRECIAN ROCKS 5 ...... 25 deg.13.78′ N 80 deg.12.00′ W. [Based on differential Global Positioning Systems data]

Point Latitude Longitude CHEECA ROCKS [Based on differential Global Positioning Systems data] 1 ...... 25 deg.06.91′ N 80 deg.18.20′ W. 2 ...... 25 deg.06.67′ N 80 deg.18.06′ W. Point Latitude Longitude 3 ...... 25 deg.06.39′ N 80 deg.18.32′ W. 4 ...... 25 deg.06.42′ N 80 deg.18.48′ W. ′ ′ 1 ...... 24 deg.54.42 N 80 deg.36.91 W. 5 ...... 25 deg.06.81′ N 80 deg.18.44′ W. 2 ...... 24 deg.54.25′ N 80 deg.36.77′ W. 6 ...... 25 deg.06.91′ N 80 deg.18.20′ W. 3 ...... 24 deg.54.10′ N 80 deg.37.00′ W. 4 ...... 24 deg.54.22′ N 80 deg.37.15′ W. 5 ...... 24 deg.54.42′ N 80 deg.36.91′ W. EASTERN DRY ROCKS [Based on differential Global Positioning Systems data] COFFINS PATCH [Based on differential Global Positioning Systems data] Point Latitude Longitude

Point Latitude Longitude 1 ...... 24 deg.27.92′ N 81 deg.50.55′ W. 2 ...... 24 deg.27.73′ N 81 deg.50.33′ W. 1 ...... 24 deg.41.47′ N 80 deg.57.68′ W. 3 ...... 24 deg.27.47′ N 81 deg.50.80′ W. 2 ...... 24 deg.41.12′ N 80 deg.57.53′ W. 4 ...... 24 deg.27.72′ N 81 deg.50.86′ W. ′ ′ 3 ...... 24 deg.40.75 N 80 deg.58.33 W. 5 ...... 24 deg.27.92′ N 81 deg.50.55′ W. 4 ...... 24 deg.41.06′ N 80 deg.58.48′ W.

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THE ELBOW ROCK KEY [Based on differential Global Positioning Systems data] [Based on differential Global Positioning Systems data]

Point Latitude Longitude Point Latitude Longitude ′ ′ 1 ...... 25 deg.08.97′ N 80 deg.15.63′ W. 1 ...... 24 deg.27.48 N 81 deg.51.35 W. ′ ′ 2 ...... 24 deg.27.30′ N 81 deg.51.15′ W. 2 ...... 25 deg.08.95 N 80 deg.15.22 W. ′ ′ ′ ′ 3 ...... 24 deg.27.21 N 81 deg.51.60 W. 3 ...... 25 deg.08.18 N 80 deg.15.64 W. 4 ...... 24 deg.27.45′ N 81 deg.51.65′ W. ′ ′ 4 ...... 25 deg.08.50 N 80 deg.16.07 W. 5 ...... 24 deg.27.48′ N 81 deg.51.35′ W. 5 ...... 25 deg.08.97′ N 80 deg.15.63′ W.

SAND KEY FRENCH REEF [Based on differential Global Positioning Systems data] [Based on differential Global Positioning Systems data] Point Latitude Longitude Point Latitude Longitude 1 ...... 24 deg.27.58′ N 81 deg.52.29′ W. ′ ′ 1 ...... 25 deg.02.20′ N 80 deg.20.63′ W. 2 ...... 24 deg.27.01 N 81 deg.52.32 W. ′ ′ ′ ′ 3 ...... 24 deg.27.02 N 81 deg.52.95 W. 2 ...... 25 deg.01.81 N 80 deg.21.02 W. ′ ′ ′ ′ 4 ...... 24 deg.27.61 N 81 deg.52.94 W. 3 ...... 25 deg.02.36 N 80 deg.21.27 W. 5 ...... 24 deg.27.58′ N 81 deg.52.29′ W. 4 ...... 25 deg.02.20′ N 80 deg.20.63′ W. Catch and release fishing by trolling only HEN AND CHICKENS is allowed in this SPA. [Based on differential Global Positioning Systems data] SOMBRERO KEY Point Latitude Longitude [Based on differential Global Positioning Systems data]

1 ...... 24 deg.56.38′ N 80 deg.32.86′ W. Point Latitude Longitude ′ ′ 2 ...... 24 deg.56.21 N 80 deg.32.63 W. ′ ′ ′ ′ 1 ...... 24 deg.37.91 N 81 deg.06.78 W. 3 ...... 24 deg.55.86 N 80 deg.32.95 W. 2 ...... 24 deg.37.50′ N 81 deg.06.19′ W. ′ ′ 4 ...... 24 deg.56.04 N 80 deg.33.19 W. 3 ...... 24 deg.37.25′ N 81 deg.06.89′ W. 5 ...... 24 deg.56.38′ N 80 deg.32.86′ W. 4 ...... 24 deg.37.91′ N 81 deg.06.78′ W.

Catch and release fishing by trolling only LOOE KEY is allowed in this SPA. [Based on differential Global Positioning Systems data] [66 FR 4373, Jan. 17, 2001] Point Latitude Longitude APPENDIX VI TO SUBPART P OF PART ′ ′ 1 ...... 24 deg.33.24 N 81 deg.24.03 W. 922—SPECIAL-USE AREAS BOUNDARY 2 ...... 24 deg.32.70′ N 81 deg.23.85′ W. COORDINATES AND USE DESIGNA- 3 ...... 24 deg.32.52′ N 81 deg.24.70′ W. 4 ...... 24 deg.33.12′ N 81 deg.24.81′ W. TIONS ′ ′ 5 ...... 24 deg.33.24 N 81 deg.24.03 W. The boundary of each of the Special-Use is formed by connecting in succession the MOLASSES REEF points at the following coordinates: [Based on differential Global Positioning Systems data] CONCH REEF Point Latitude Longitude (Research Only)—[Based on differential Global Positioning Systems data] 1 ...... 25 deg.01.00′ N 80 deg.22.53′ W. 2 ...... 25 deg.01.06′ N 80 deg.21.84′ W. Point Latitude Longitude ′ ′ 3 ...... 25 deg.00.29 N 80 deg.22.70 W. 1 ...... 24 deg.56.83′ N 80 deg.27.26′ W. ′ ′ 4 ...... 25 deg.00.72 N 80 deg.22.83 W. 2 ...... 24 deg.57.10′ N 80 deg.26.93′ W. 5 ...... 25 deg.01.00′ N 80 deg.22.53′ W. 3 ...... 24 deg.56.99′ N 80 deg.27.42′ W. 4 ...... 24 deg.57.34′ N 80 deg.27.26′ W. 5 ...... 24 deg.56.83′ N 80 deg.27.26′ W. NEWFOUND HARBOR KEY [Based on differential Global Positioning Systems data] EASTERN SAMBO Point Latitude Longitude (Research Only)—[Based on differential Global Positioning Systems data] 1 ...... 24 deg.37.10′ N 81 deg.23.34′ W. 2 ...... 24 deg.36.85′ N 81 deg.23.28′ W. Point Latitude Longitude ′ ′ 3 ...... 24 deg.36.74 N 81 deg.23.80 W. 1 ...... 24 deg.29.84′ N 81 deg.39.59′ W. 4 ...... 24 deg.37.00′ N 81 deg.23.86′ W. 2 ...... 24 deg.29.55′ N 81 deg.39.35′ W. 5 ...... 24 deg.37.10′ N 81 deg.23.34′ W. 3 ...... 24 deg.29.37′ N 81 deg.39.96′ W. 4 ...... 24 deg.29.77′ N 81 deg.40.03′ W.

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EASTERN SAMBO—Continued IN THE VICINITY OF KEY WEST HARBOR (Research Only)—[Based on differential Global Positioning [Reference Chart: United States 11434, 21st Edition—August Systems data] 11, 1990]

Point Latitude Longitude Point Latitude Longitude

5 ...... 24 deg.29.84′ N 81 deg.39.59′ W. 24 ...... 24 deg.27.95’ N 81 deg.48.65’ W. 25 ...... 24 deg.23.00’ N 81 deg.53.50’ W. 26 ...... 24 deg.26.60’ N 81 deg.58.50’ W. LOOE KEY 27 ...... 24 deg.27.75’ N 81 deg.55.70’ W. (Research Only)—[Based on differential Global Positioning 28 ...... 24 deg.29.35’ N 81 deg.53.40’ W. Systems data] 29 ...... 24 deg.29.35’ N 81 deg.50.00’ W. 30 ...... 24 deg.27.95’ N 81 deg.48.65’ W. Point Latitude Longitude

1 ...... 24 deg.34.17′ N 81 deg.23.01′ W. AREA SURROUNDING THE MARQUESAS KEYS 2 ...... 24 deg.33.98′ N 81 deg.22.96′ W. [Reference Chart: United States 11434, 21st Edition—August 3 ...... 24 deg.33.84′ N 81 deg.23.60′ W. 11, 1990] 4 ...... 24 deg.34.23′ N 81 deg.23.68′ W. Point Latitude Longitude 5 ...... 24 deg.34.17′ N 81 deg.23.01′ W. 31 ...... 24 deg.26.60’ N 81 deg.59.55’ W. 32 ...... 24 deg.23.00’ N 82 deg.03.50’ W. ENNESSEE EEF T R 33 ...... 24 deg.23.60’ N 82 deg.27.80’ W. (Research Only)—[Based on differential Global Positioning 34 ...... 24 deg.34.50’ N 82 deg.37.50’ W. Systems data] 35 ...... 24 deg.43.00’ N 82 deg.26.50’ W. 36 ...... 24 deg.38.31’ N 81 deg.54.06’ W. Point Latitude Longitude 37 ...... 24 deg.37.91’ N 81 deg.53.40’ W. 38 ...... 24 deg.36.15’ N 81 deg.51.78’ W. ′ ′ 1 ...... 24 deg.44.77 N 80 deg.47.12 W. 39 ...... 24 deg.34.40’ N 81 deg.50.60’ W. 2 ...... 24 deg.44.57′ N 80 deg.46.98′ W. 40 ...... 24 deg.33.44’ N 81 deg.49.73’ W. 3 ...... 24 deg.44.68′ N 80 deg.46.59′ W. 41 ...... 24 deg.31.20’ N 81 deg.52.10’ W. 4 ...... 24 deg.44.95′ N 80 deg.46.74′ W. 42 ...... 24 deg.28.70’ N 81 deg.56.80’ W. 5 ...... 24 deg.44.77′ N 80 deg.47.12′ W. 43 ...... 24 deg.26.60’ N 81 deg.59.55’ W.

[66 FR 4376, Jan. 17, 2001] AREA SURROUNDING THE DRY TORTUGAS ISLANDS APPENDIX VII TO SUBPART P OF PART [Reference Chart: United States 11434, 21st Edition—August 922—AREAS TO BE AVOIDED BOUND- 11, 1990] ARY OORDINATES C Point Latitude Longitude

IN THE VICINITY OF THE FLORIDA KEYS 44 ...... 24 deg.32.00’ N 82 deg.53.50’ W. [Reference Charts: United States 11466, 27th Edition—Sep- 45 ...... 24 deg.32.00’ N 83 deg.00.05’ W. tember 1, 1990 and United States 11450, 4th Edition—Au- 46 ...... 24 deg.39.70’ N 83 deg.00.05’ W. gust 11, 1990] 47 ...... 24 deg.45.60’ N 82 deg.54.40’ W. 48 ...... 24 deg.45.60’ N 82 deg.47.02’ W. Point Latitude Longitude 49 ...... 24 deg.42.80’ N 82 deg.43.90’ W. 50 ...... 24 deg.39.50’ N 82 deg.43.90’ W. 1 ...... 25°45.00′N 80°06.10′W 51 ...... 24 deg.35.60’ N 82 deg.46.40’ W. 2 ...... 25°38.70′N 80°02.70′W 52 ...... 24 deg.32.00’ N 82 deg.53.50’ W. 3 ...... 25°22.00′N 80°03.00′W ° ′ ° ′ 4 ...... 25 06.38 N 80 10.48 W [66 FR 4377, Jan. 17, 2001, as amended at 66 5 ...... 24°56.37′N 80°19.26′W FR 34534, June 29, 2001] 6 ...... 24°37.90′N 80°47.30′W 7 ...... 24°29.20′N 81°17.30′W 8 ...... 24°22.30′N 81°43.17′W Subpart Q—Hawaiian Islands 9 ...... 24°28.00′N 81°43.17′W 10 ...... 24°28.70′N 81°43.50′W Humpback Whale National 11 ...... 24°29.80′N 81°43.17′W Marine Sanctuary 12 ...... 24°33.10′N 81°35.15′W 13 ...... 24°33.60′N 81°26.00′W UTHORITY 14 ...... 24°38.20′N 81°07.00′W A : 16 U.S.C. 1431 et seq. and sub- 15 ...... 24°43.20′N 80°53.20′W title C, title II, Pub. L. 102–587, 106 Stat. 5055. ° ′ ° ′ 16 ...... 24 46.10 N 80 46.15 W SOURCE: 64 FR 66570, Nov. 29, 1999, unless ° ′ ° ′ 17 ...... 24 51.10 N 80 37.10 W otherwise noted. 18 ...... 24°57.50′N 80°27.50′W 19 ...... 25°09.90′N 80°16.20′W 20 ...... 25°24.00′N 80°09.10′W § 922.180 Purpose. 21 ...... 25°31.50′N 80°07.00′W (a) The purpose of the regulations in 22 ...... 25°39.70′N 80°06.85′W this subpart is to implement the des- ° ′ ° ′ 23 ...... 25 45.00 N 80 06.10 W ignation of the Hawaiian Islands

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

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HAWAII (BIG ISLAND) Sanctuary resource means any hump- Kawaihae Boat Harbor & Small Boat Basin back whale, or the humpback whale’s habitat within the Sanctuary. LANAI Shoreline means the upper reaches of Kaumalapau Harbor, Manele Harbor the wash of the waves, other than storm or seismic waves, at high tide MAUI during the season of the year in which the highest wash of the waves occurs, Lahaina Boat Harbor usually evidenced by the edge of vege- Maalaea Boat Harbor tation growth, or the upper limit of de- MOLOKAI bris left by the wash of the waves. Take or taking a humpback whale Hale o Lono Harbor means to harass, harm, pursue, hunt, Kaunakakai Harbor shoot, wound, kill, trap, capture, col- OAHU lect or injure a humpback whale, or to attempt to engage in any such conduct. Kuapa Pond (Hawaii Kai) The term includes, but is not limited (c) The coordinates of the lateral to, any of the following activities: col- extents of each boundary area within lecting any dead or injured humpback the Sanctuary boundary appear in ap- whale, or any part thereof; restraining pendix A of this subpart Q. or detaining any humpback whale, or any part thereof, no matter how tem- § 922.182 Definitions. porarily; tagging any humpback whale; (a) Acts means the Hawaiian Islands operating a vessel or aircraft or doing National Marine Sanctuary Act any other act that results in the disturbing or molesting of any humpback (HINMSA; sections 2301–2307 of Pub. L. whale. 102–587), and the National Marine Sanc- (b) Other terms appearing in the reg- tuaries Act (NMSA; also known as ulations in this subpart are defined at Title III of the Marine Protection, Re- 15 CFR 922.3, and/or in the Marine Pro- search, and Sanctuaries Act (MPRSA), tection, Research, and Sanctuaries as amended, 16 U.S.C. 1431 et seq.). Act, as amended, 33 U.S.C. 1401 et seq., Adverse impact means an impact that and 16 U.S.C. 1431 et seq. independently or cumulatively damages, diminishes, degrades, impairs, de- § 922.183 Allowed activities. stroys, or otherwise harms. (a) All activities except those prohib- Alteration of the seabed means drilling ited by § 922.184 may be undertaken in into, dredging, or otherwise altering a the Sanctuary subject to any emer- natural physical characteristic of the gency regulations promulgated pursu- seabed of the Sanctuary; or con- ant to § 922.185, subject to the inter- structing, placing, or abandoning any agency cooperation provisions of sec- structure, material, or other matter on tion 304(d) of the NMSA [16 U.S.C. the seabed of the Sanctuary. 1434(d)] and § 922.187 of this subpart, and Habitat means those areas that pro- subject to the liability established by vide space for individual and popu- section 312 of the NMSA and § 922.46 of lation growth and normal behavior of this part. All activities are also subject humpback whales, and include sites to all prohibitions, restrictions, and used for reproductive activities, includ- conditions validly imposed by any ing breeding, calving and nursing. other Federal, State, or county author- Military activities means those mili- ity of competent jurisdiction. tary activities conducted by or under (b) Included as activities allowed the auspices of the Department of De- under the first sentence of paragraph fense and any combined military ac- (a) of this § 922.183 are all classes of tivities carried out by the Department military activities, internal or exter- of Defense and the military forces of a nal to the Sanctuary, that are being or foreign nation. have been conducted before the effec- Sanctuary means the Hawaiian Is- tive date of these regulations, as iden- lands Humpback Whale National Ma- tified in the Final Environmental Im- rine Sanctuary. pact Statement/Management Plan.

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Paragraphs (a)(1) through (a)(5) of fects of the activity on Sanctuary re- § 922.184 do not apply to these classes of sources once the activity is completed. activities, nor are these activities subject to further consultation under sec- § 922.184 Prohibited activities. tion 304(d) of the NMSA. (a) The following activities are pro- (c) Military activities proposed after hibited and thus unlawful for any per- the effective date of these regulations son to conduct or cause to be con- are also included as allowed activities ducted. under the first sentence of paragraph (1) Approaching, or causing a vessel (a) of this § 922.183. Paragraphs (a)(1) or other object to approach, within the through (a)(5) of § 922.184 apply to these Sanctuary, by any means, within 100 classes of activities unless— yards of any humpback whale except as (1) They are not subject to consulta- authorized under the Marine Mammal tion under section 304(d) of the NMSA Protection Act, as amended (MMPA), and § 922.187 of this subpart, or 16 U.S.C. 1361 et seq., and the Endan- (2) Upon consultation under section gered Species Act, as amended (ESA), 304(d) of the NMSA and § 922.187 of this 16 U.S.C. 1531 et seq.; subpart, NOAA’s findings and rec- (2) Operating any aircraft above the ommendations include a statement Sanctuary within 1,000 feet of any that paragraphs (a)(1) through (a)(5) of humpback whale except as necessary § 922.184 do not apply to the military for takeoff or landing from an airport activity. or runway, or as authorized under the MMPA and the ESA; (d) If a military activity described in (3) Taking any humpback whale in paragraphs (b) or (c)(2) of this § 922.183 the Sanctuary except as authorized is modified such that it is likely to de- under the MMPA and the ESA; stroy, cause the loss of, or injure a (4) Possessing within the Sanctuary Sanctuary resource in a manner sig- (regardless of where taken) any living nificantly greater than was considered or dead humpback whale or part therein a previous consultation under sec- of taken in violation of the MMPA or tion 304(d) of the NMSA and § 922.187 of the ESA; this subpart, or if the modified activity (5) Discharging or depositing any ma- is likely to destroy, cause the loss of, terial or other matter in the Sanc- or injure any Sanctuary resource not tuary; altering the seabed of the Sanc- considered in a previous consultation tuary; or discharging or depositing any under section 304(d) of the NMSA and material or other matter outside the § 922.187 of this subpart, the modified Sanctuary if the discharge or deposit activity will be treated as a new mili- subsequently enters and injures a tary activity under paragraph (c) of humpback whale or humpback whale this section. habitat, provided that such activity: (e) If a proposed military activity (i) Requires a Federal or State per- subject to section 304(d) of the NMSA mit, license, lease, or other authoriza- and § 922.187 of this subpart is necessary tion; and to respond to an emergency situation (ii) Is conducted: and the Secretary of Defense deter- (A) Without such permit, license, mines in writing that failure to under- lease, or other authorization, or take the proposed activity during the (B) not in compliance with the terms period of consultation would impair or conditions of such permit, license, the national defense, the Secretary of lease, or other authorization. the military department concerned (6) Interfering with, obstructing, de- may request the Director that the ac- laying or preventing an investigation, tivity proceed during consultation. If search, seizure or disposition of seized the Director denies such a request, the property in connection with enforce- Secretary of the military department ment of either of the Acts or any regu- concerned may decide to proceed with lations issued under either of the Acts. the activity. In such case, the Sec- (b) The prohibitions in paragraphs retary of the military department con- (a)(1) through (a)(5) of this § 922.184 do cerned shall provide the Director with not apply to activities necessary to re- a written statement describing the ef- spond to emergencies threatening life,

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property or the environment; or to ac- § 922.187 Interagency Cooperation. tivities necessary for valid law enforce- Under section 304(d) of the NMSA, ment purposes. However, while such ac- Federal agency actions internal or ex- tivities are not subject to paragraphs ternal to a national marine sanctuary, (a)(1) through (a)(5) of this § 922.184, including private activities authorized this paragraph (b) does not exempt the by licenses, leases, or permits, that are activity from the underlying prohibi- likely to destroy, cause the loss of, or tion or restriction under other applica- injure any sanctuary resource are sub- ble laws and regulations (e.g., MMPA, ject to consultation with the Director. ESA, and CWA). The Federal agency proposing an ac- (c) Any Sanctuary fishery regulation shall determine whether the activ- tions shall not take effect in Hawaii ity is likely to destroy, cause the loss State waters until established by the of, or injure a Sanctuary resource. To State Board of Land and Natural Re- the extent practicable, consultation sources. procedures under section 304(d) of the NMSA may be consolidated with inter- § 922.185 Emergency regulations. agency cooperation procedures required by other statutes, such as the Where necessary to prevent or mini- ESA. The Director will attempt to pro- mize the destruction of, loss of, or in- vide coordinated review and analysis of jury to a Sanctuary resource, or to all environmental requirements. minimize the imminent risk of such destruction, loss, or injury, any and all APPENDIX A TO SUBPART Q OF PART activities are subject to immediate 922—HAWAIIAN ISLANDS HUMPBACK temporary regulation, including prohi- WHALE, NATIONAL MARINE SANC- bition. Before issuance of such regula- TUARY BOUNDARY DESCRIPTION AND tions the Director shall consult to the COORDINATES OF THE LATERAL extent practicable with any relevant BOUNDARY CLOSURES AND EXCLUDED Federal agency and the Governor of the AREAS. State of Hawaii. Emergency regula- Appendix A provides a text and pictoral tions shall not take effect in State (see Figures 1–3) description of the Sanc- waters of the Sanctuary until approved tuary boundary with specific lateral closure by the Governor of Hawaii. points and exclusion areas. The lateral extents (bounds) of each boundary area are § 922.186 Penalties; appeals. closed by straight lines defined by at least two points. It may be necessary to extend (a) Pursuant to section 307 of the these lines beyond the defining points to NMSA, each violation of either of the intersect the actual 100 fathom contour or Acts, or any regulation in this subpart the shoreline. Each point corresponds to a is subject to a civil penalty of not more bounds number indicated in Figure 2. Digital than $100,000. Each such violation is files of the Sanctuary boundary (available in subject to forfeiture of property or three common formats, ESRI Shape File, MapInfo Table, and an ASCII Exchange For- Sanctuary resources seized in accord- mat) are available from the Sanctuary office ance with section 307 of the NMSA. in Kihei, Maui, at the address listed above or Each day of a continuing violation con- by calling (808) 879–2818. These digital geog- stitutes a separate violation. raphies are the best available representation (b) Regulations setting forth the pro- of the verbal legal delineation and were de- cedures governing the administrative rived from: the Hawaiian shoreline as sup- plied by State of Hawaii through the Office proceedings for assessment of civil pen- of Planning GIS Office, the NOAA and State alties for enforcement reasons, of Hawaii agreed upon lateral boundary and issuance and use of written warnings, exclusion areas, and the 100 fathom isobath and release or forfeiture of seized prop- digitized from the following 1:80,000 scale erty appear at 15 CFR Part 904. NOAA nautical charts-19327—West Coast of (c) A person subject to an action Hawaii (9th ED, 4/29/89), taken for enforcement reasons for vio- 19347—Channels between Molokai, Maui, lation of these regulations or either of Lanai, and Kahoolawe (17th ED, 12/13/97), 19351—Channels between Oahu, Molokai, and the Acts may appeal pursuant to the Lanai (8th ED, 7/01/1989), applicable procedures in 15 CFR Part 19357—Island of Oahu (20th ED, 9/21/1996), and 904. 19381—Island of Kauai (8th ED, 7/17/1993)].

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For the portion of the Lanai region of the 1. To the 100-fathom (183 meter) isobath HIHWNMS west of Chart 19351,[157°42.8′ west] from Kailiu Point eastward to Mokolea the 100 fathom contour was derived from the Point, Kauai; 1:250,000 chart 19340—Hawaii to Oahu (24th 2. To the 100-fathom (183 meter) isobath ED, 1/09/1993). from Puaena Point eastward to Mahie Point, All digital geography data have been ref- and from the Kapahulu Groin in Waikiki erenced to WGS84 (NAD83) and have been eastward to Makapuu Point, Oahu; converted to geographic (latitude and lon- 3. To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and west- gitude) coordinates. ward to Ilio Point, Molokai; southwestward SANCTUARY BOUNDARY to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward A. As defined by the specific lateral bound- of the three nautical mile limit north of aries in B, and except for excluded areas de- Kahoolawe, to the Hanamanoia Lighthouse scribed in paragraph C of this section, the on Maui, and northward along the shoreline Hawaiian Islands Humpback Whale National to Lipoa Point, Maui; Marine Sanctuary consists of the submerged 4. To the deep water area of Pailolo Chan- lands and waters off the coast of the Hawai- nel from Cape Halawa, Molokai, to Lipoa ian Islands seaward from the shoreline, cut- Point, Maui, and southward; ting across the mouths of rivers and streams 5. To the 100-fathom (183 meter) isobath (see Figure 1): from Upolu Point southward to Keahole Point, Hawaii.

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

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

1 ...... Kailiu Pt., Kauai ...... 2 22°13′24.7″ ¥159°34′52.2″ 22°16′33.5″ ¥159°35′59.4″ 2 ...... Mokolea Pt., Kauai ...... 2 22°13′29.9″ ¥159°22′55.8″ 22°14′55.4″ –159°22′19.3″ 3 ...... Puaena Pt., N. Oahu ...... 2 21°38′24.6″ ¥158°8′26.0″ 21°36′8.4″ ¥158°6′24.5″ 4 ...... Mahie Pt., N. Oahu ...... 2 21°33′37.3″ ¥157°51′51.9″ 21°35′32.2″ ¥157°50′5.5″ 5 ...... Kapahulu Groin, S. Oahu ...... 3 21°15′5.7″ ¥157°50′27.5″ 21°16′6.1″ ¥157°49′25.7″ 21°16′6.2″ ¥157°49′23.8″ 6 ...... Makapuu Pt., S. Oahu ...... 2 21°18′39.6″ ¥157°38′56.7″ 21°19′44.7″ ¥157°35′46.1″ 7 ...... Ilio Pt, Molokai ...... 2 21°13′25.7″ ¥157°18′45.8″ 21°13′27.0″ ¥157°15′14.4″ 8 ...... Pailolo Channel, C. Halawa to Lipoa Pt...... 2 21°1′29.8″ ¥156°38′22.0″ 21°9′29.5″ ¥156°42′37.2″

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

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

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

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

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

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

Subpart R—Thunder Bay National State Permit means any lease, permit, Marine Sanctuary and Under- license, approval, or other authorization issued by the State of Michigan water Preserve for the conduct of activities or projects within the Thunder Bay National Ma- SOURCE: 65 FR 39056, June 22, 2000, unless rine Sanctuary and Underwater Pre- otherwise noted. serve that are prohibited by the regulations at § 922.193. § 922.190 Boundary. Traditional fishing means those com- The Thunder Bay National Marine mercial, recreational, and subsistence Sanctuary and Underwater Preserve fishing activities that were custom- (Sanctuary) consists of an area of ap- arily conducted within the Sanctuary proximately 448 square miles (1169 prior to its designation, as identified in square kilometers) of waters of Lake the Final Environmental Impact State- Huron and the submerged lands there- ment and Management Plan for this under, over, around, and under the un- Sanctuary. Copies of the Final Envi- derwater cultural resources in Thunder ronmental Impact Statement/Manage- Bay. The boundary forms an approxi- ment Plan (FEIS/MP) are available mately rectangular area by extending upon request to the Marine Sanc- along the ordinary high water mark be- tuaries Division, Office of Ocean and tween the northern and southern Coastal Resource Management, Na- boundaries of Alpena County, cutting tional Ocean Service, National Oceanic across the mouths of rivers and and Atmospheric Administration, 1305 streams, and lakeward from those East-West Highway, 11th Floor, Silver points along latitude lines to longitude Spring, MD 20910, (301) 713–3125. 83 degrees west. The coordinates of the Traditional fishing includes tribal boundary are set forth in appendix A to fishing rights as provided for in the this Subpart. 1836 Treaty of Washington and subsequent court decisions related to the § 922.191 Definitions. Treaty. Underwater cultural resource means: (a) The following terms are defined (1) Any sunken watercraft, including for purposes of Subpart R: a ship, boat, canoe, skiff, raft, or barge; Minor project means any project list- the rigging, gear, fittings, trappings, ed in appendix B to this Subpart. and equipment of any sunken Programmatic Agreement means the watercraft; the personal property of agreement among NOAA, the Federal the officers, crew, and passengers of Advisory Council on Historic Preserva- any sunken watercraft; and the cargo tion, and the State of Michigan, devel- of any sunken watercraft, that sank oped pursuant to the National Marine prior to the effective date of Sanctuary Sanctuaries Act (NMSA), 16 U.S.C. 1431 designation; and et seq. and section 106 of the National (2) Any of the above that sinks on or Historic Preservation Act of 1966 as after the date of Sanctuary designation amended, 16 U.S.C. 470 et seq., which, in determined to be an underwater cul- part, sets forth the procedures for re- tural resource by the Director pursu- view and approval of State Permits ant to § 922.198. Underwater cultural re- that authorize activities prohibited by source also means any historical rem- the Sanctuary regulations. nant of docks or piers or associated State Archaeologist means the State material, or materials resulting from Archaeologist, Michigan Historical activities of historic and prehistoric Center, Michigan Department of State. Native Americans.

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(b) Other terms appearing in the reg- (f) The Joint Management Com- ulations are defined at 15 CFR part 922 mittee may invite affected public par- subpart A, and/or in the National Ma- ties to participate in selected aspects rine Sanctuaries Act, as amended, 16 of Sanctuary management as: U.S.C. 1431 et seq. (1) Parties to the Interlocal Agree- ment pursuant to the Michigan Urban § 922.192 Joint Management Com- Cooperation Act of 1967, MCL 124.501 et mittee. seq.; and/or (a) A state/federal Joint Management (2) Pursuant to the NMSA. Committee shall be established to oversee and engage in decision-making § 922.193 Prohibited or otherwise regulated activities. authority for the Thunder Bay Na- tional Marine Sanctuary and Under- (a) Except as specified in paragraphs water Preserve. (b) through (d) of this section, the fol- (b) The Joint Management Com- lowing activities are prohibited and mittee shall be comprised of one Fed- thus are unlawful for any person to eral employee named by the NOAA Ad- conduct or to cause to be conducted: ministrator and one state employee (1) Recovering, altering, destroying, named by the Governor of Michigan. possessing, or attempting to recover, The Federal employee cannot be the alter, destroy, or possess an under- sanctuary manager (the individual who water cultural resource. exercises day-to-day management over (2) Drilling into, dredging or other- the Sanctuary) and must have a civil wise altering the lakebottom associ- service grade higher than that of the ated with underwater cultural re- sanctuary manager. sources, including contextual informa- (c) The Joint Management Com- tion; or constructing, placing or aban- mittee shall: doning any structure, material or other matter on the lakebottom associ- (1) Develop a position description for, ated with underwater cultural re- recruit prospective candidates for the sources, except as an incidental result position of, interview candidates for of: the position of, and take part in the (i) Anchoring vessels; annual performance evaluation of, the (ii) Traditional fishing operations; or sanctuary manager; (iii) Minor projects (as defined in ap- (2) Approve revisions to the Manage- pendix B of this subpart) that do not ment Plan; adversely affect underwater cultural (3) Approve annual work plans; resources. (4) Approve, on an annual basis, the (3) Using grappling hooks or other expenditure of allocated state and fed- anchoring devices on underwater cul- eral funds and other sources of revenue tural resource sites that are marked for the Thunder Bay National Marine with a mooring buoy. Sanctuary and Underwater Preserve, in (4) Interfering with, obstructing, de- accordance with the Management Plan laying or preventing an investigation, and the annual work plans; and search, seizure or disposition of seized (5) Make decisions on other key property in connection with enforce- issues related to management of the ment of the Act or any regulations Thunder Bay National Marine Sanc- issued under the Act. tuary and Underwater Preserve. (b) Members of a federally-recognized (d) The Joint Management Com- Indian tribe may exercise treaty-se- mittee shall meet as agreed to by the cured rights, subject to the require- members but not less than once annu- ments of other applicable law, without ally. regard to the requirements of this sub- (e) If the Joint Management Com- part. The Director may consult with mittee is unable to reach agreement on the governing body of a tribe regarding an issue, the members shall follow the ways the tribe may exercise such ‘‘Consultation and Conflict Resolu- rights consistent with the purposes of tion’’ procedures set forth in the the Sanctuary, provided that the rights Interlocal Agreement between NOAA are authorized by the tribe by regula- and the State of Michigan. tion, license, or permit.

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(c) The prohibitions in paragraphs Agreement, in which case such activity (a)(1) through (3) of this section do not shall be deemed to have met the re- apply to valid law enforcement activi- quirements of this section and § 922.47; ties, or any activity necessary to re- or spond to an emergency threatening life (2) In the case where either: or the environment. (i) The State Archaeologist does not (d) The prohibitions in paragraphs (a) certify that the activity authorized (1) through (3) of this section do not under a State or local lease, permit, li- apply to any activity: cense, approval, or other authorization, (1) Specifically authorized by, and or right of subsistence use is being con- conducted in accordance with the ducted consistent with the Pro- scope, purpose, terms and conditions grammatic Agreement; or of, a permit issued pursuant to § 922.195 (ii) The activity is conducted pursu- or a Special Use Permit issued pursuant only to a Federal permit, the hold- ant to section 310 of the NMSA. er of the authorization or right com- (2) Specifically authorized by any plies with paragraphs (b) through (k) of valid Federal, State, or local lease, per- this section. mit, license, approval, or other author- (b) For an activity described in para- ization in existence on the effective graph (a)(2) of this section, the holder date of these regulations, or by any of the authorization or right may con- valid right of subsistence use or access duct the activity prohibited by § 922.193 in existence on the effective date of (a)(1) through (3) provided that: these regulations, provided that the (1) The holder of such authorization holder of such authorization or right or right notifies the Director, in writ- complies with § 922.194 and § 922.47 and ing, within 90 days of the effective date with any terms and conditions for the of Sanctuary designation, of the exist- exercise of such authorization or right ence of such authorization or right and imposed by the Director as a condition requests certification of such author- of certification as he or she deems rea- ization or right; sonably necessary to achieve the pur- (2) The holder complies with the poses for which the Sanctuary was des- other provisions of § 922.194; and ignated. (3) The holder complies with any terms and conditions on the exercise of § 922.194 Certification of preexisting such authorization or right imposed as leases, licenses, permits, approvals, a condition of certification, by the Di- other authorizations, or rights to rector, to achieve the purposes for conduct a prohibited activity. which the Sanctuary was designated. (a) A person may conduct an activity (c) The holder of an authorization or prohibited by § 922.193 (a)(1) through (3) right described in paragraph (a)(2) of if such activity is specifically author- this section authorizing an activity ized by a valid Federal, State, or local prohibited by § 922.193 may conduct the lease, permit, license, approval, or activity without being in violation of other authorization in existence on the applicable provisions of § 922.193, pend- effective date of Sanctuary designa- ing final agency action on his or her tion, or by any valid right of subsist- certification request, provided the ence use or access in existence on the holder is in compliance with this effective date of Sanctuary designa- § 922.194. tion, provided that: (d) Any holder of an authorization or (1) for any State or local lease, per- right described in paragraph (a)(2) of mit, license, approval, or other author- this section may request the Director ization, or any right of subsistence use, to issue a finding as to whether the ac- the State Archaeologist certifies to the tivity for which the authorization has Director, within 90 days of the effective been issued, or the right given, is pro- date of designation, that the activity hibited by § 922.193, thus requiring cer- authorized under the State or local tification under this section. lease, permit, license, approval, or (e) Requests for findings or certifi- other authorization, or any right of cations should be addressed to the Di- subsistence use, is being conducted rector, Office of Ocean and Coastal Re- consistent with the Programmatic source Management; ATTN: Sanctuary

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Manager, Thunder Bay National Ma- § 922.195 Permit procedures and cri- rine Sanctuary and Underwater Pre- teria. serve, 1305 East-West Highway, N/ORM, (a) A person may conduct an activity Silver Spring, Maryland, 20910. A copy prohibited by § 922.193 (a)(1) through (3), of the lease, permit, license, approval, if conducted in accordance with the or other authorization must accom- scope, purpose, terms and conditions of pany the request. a State Permit provided that: (f) The Director may request addi- (1) The State Archaeologist certifies tional information from the certifi- to NOAA that the activity authorized cation requester as he or she deems under the State Permit will be con- reasonably necessary to condition ap- ducted consistent with the Pro- propriately the exercise of the certified grammatic Agreement, in which case authorization or right to achieve the such State Permit shall be deemed to purposes for which the Sanctuary was have met the requirements of § 922.49; designated. The Director must receive or the information requested within 45 (2) In the case where the State Ar- days of the postmark date of the re- chaeologist does not certify that the quest. The Director may seek the views activity to be authorized under a State of any persons on the certification re- Permit will be conducted consistent quest. with the Programmatic Agreement, (g) The Director may amend any cer- the person complies with the require- tification made under this § 922.194 ments of § 922.49 of this part. whenever additional information becomes available justifying such an (b) If no State Permit is required to amendment. conduct an activity prohibited by (h) Upon completion of review of the § 922.193 (a)(1) through (3) of this sub- authorization or right and information part, a person may conduct such activ- received with respect thereto, the Di- ity if it is conducted in accordance rector shall communicate, in writing, with the scope, purpose, terms and con- any decision on a certification request ditions of a Federal permit, provided or any action taken with respect to that the person complies with the pro- any certification made under this visions of § 922.49 of this part. § 922.194, in writing, to both the holder (c) In instances where the conduct of of the certified lease, permit, license, an activity is prohibited by § 922.193 approval, other authorization, or right, (a)(1) through (3) of this subpart is not and the issuing agency, and shall set addressed under a State or other Fed- forth the reason(s) for the decision or eral lease, license, permit or other au- action taken. thorization, a person must obtain a (i) Any time limit prescribed in or es- Sanctuary permit from NOAA pursuant tablished under this § 922.194 may be ex- to § 922.48 (c) through (f) of this part tended by the Director for good cause. and the Programmatic Agreement in (j) The holder may appeal any action order to conduct the activity. conditioning, amending, suspending, or (d) A permit for recovery of an under- revoking any certification in accord- water cultural resource may be issued ance with the procedures set forth in if: § 922.50. (1) The proposed activity satisfies the (k) Any amendment, renewal, or ex- requirements for permits described tension made after the effective date of under paragraphs (a) through (c) of this Sanctuary designation, to a lease, per- section; mit, license, approval, other authoriza- (2) The recovery of the underwater tion or right is subject to the provi- cultural resource is in the public inter- sions of § 922.195 and § 922.49. est; (l) For any activity authorized pursu- (3) Recovery of the underwater cul- ant to § 922.193 (b), the holder of such li- tural resource is part of research to cense or permit shall notify the Direc- preserve historic information for pub- tor, in writing, within 90 days of the ef- lic use; and fective date of Sanctuary designation, (4) Recovery of the underwater cul- of the existence of such authorization tural resource is necessary or appro- or right. priate to protect the resource, preserve

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historical information, or further the Sanctuary’s federal stewardship re- policies of the Sanctuary. sponsibilities under the Federal Ar- (e) A person shall file an application chaeology Program (36 CFR Part 79, for a permit with the Michigan Depart- Curation of Federally-Owned and Ad- ment of Environmental Quality, Land ministered Archaeological Collections); and Water Management Division, P.O. and Box 30458, Lansing, MI, 48909-7958. The (9) Documentation of the professional application shall contain all of the fol- standards of an archaeologist super- lowing information: vising the archaeological recovery of (1) The name and address of the ap- historical artifacts. The minimum pro- plicant; fessional qualifications in archaeology (2) Research plan that describes in are a graduate degree in archaeology, detail the specific research objectives and previous work done at the site. An anthropology, or closely related field archaeological survey must be con- plus: ducted on a site before an archae- (i) At least one year of full-time pro- ological permit allowing excavation fessional experience or equivalent spe- can be issued; cialized training in archeological re- (3) Description of significant previous search, administration or management; work in the area of interest, how the (ii) At least four months of super- proposed effort would enhance or con- vised field and analytic experience in tribute to improving the state of general North American archaeology; knowledge, why the proposed effort (iii) Demonstrated ability to carry should be performed in the Sanctuary, research to completion; and and its potential benefits to the Sanc- (iv) At least one year of full-time tuary; professional experience at a super- (4) An operational plan that describes visory level in the study of archeo- the tasks required to accomplish the logical resources in the underwater en- project’s objectives and the profes- vironment. sional qualifications of those conducting and supervising those tasks § 922.196 Emergency regulations. (see § 922.195(e)(9) of this section). The plan must provide adequate description (a) Where necessary to prevent or of methods to be used for excavation, minimize the destruction of, loss of, or recovery and the storage of artifacts injury to an underwater cultural re- and related materials on site, and de- source, or to minimize the imminent scribe the rationale for selecting the risk of such destruction, loss, or in- proposed methods over any alternative jury, any and all activities are subject methods; to immediate temporary regulation, (5) Archaeological recording, includ- including prohibition. An emergency ing site maps, feature maps, scaled regulation shall not take effect with- photographs, and field notes; out the approval of the Governor of (6) An excavation plan describing the Michigan. excavation, recovery and handling of (b) Emergency regulations remain in artifacts; effect until a date fixed in the rule or (7)(i) A conservation plan docu- six months after the effective date, menting: whichever is earlier. The rule may be (A) The conservation facility’s equip- extended once for not more than six ment; months. (B) Ventilation temperature and hu- midity control; and § 922.197 Consultation with affected (C) storage space. federally-recognized Indian tribes. (ii) Documentation of intended conservation methods and processes must The Director shall regularly consult also be included; with the governing bodies of affected (8) A curation and display plan for federally-recognized Indian tribes re- the curation of the conserved artifacts garding areas of mutual concern. to ensure the maintenance and safety of the artifacts in keeping with the

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§ 922.198 Procedures for determining (i) are of a length or size not greater than watercraft and related items which the length or size of similar structures in the sink on or after the date of Sanc- vicinity and on the watercourse involved; tuary designation to be an under- and water cultural resource. (ii) provide for the free littoral flow of water and drift material. The Director, in consultation with (b) Spring piles and pile clusters when the State of Michigan, appropriate fed- their design and purpose is usual for such eral agencies, and the governing body projects in the vicinity and on the water- of any affected federally-recognized course involved. tribe, may determine, after providing (c) Seawalls, bulkheads, and other permanent revetment structures which meet all of 45 days for public comment, that any the following purpose and design criteria: sunken watercraft, including a ship, (i) the proposed structure fulfills an identi- boat, canoe, skiff, raft, or barge; the fiable need for erosion protection, bank sta- rigging, gear, fittings, trappings, and bilization, protection of uplands, or improve- equipment of any sunken watercraft; ments on uplands; the personal property of the officers, (ii) the structure will be constructed of crew, and passengers of any sunken suitable materials free from pollutants, waste metal products, debris, or organic ma- watercraft; and the cargo of any sunk- terials; en watercraft, that sinks on or after (iii) the structure is not more than 300 feet the date of Sanctuary designation, to in length and is located in an area on the be an underwater cultural resource if body of water where other similar structures such is determined by the Director to already exist; be 50 years or older and of special na- (iv) the placement of backfill or other fill tional significance due to architectural associated with the construction does not ex- significance or association with indi- ceed an average of 3 cubic yards per running foot along the shoreline and a maximum of viduals or events that are significant 300 cubic yards; and to local or national history. (v) the structure or any associated fill will not be placed in a wetland area or placed in APPENDIX A TO SUBPART R OF PART any manner that impairs surface water flow 922—THUNDER BAY NATIONAL MA- into or out of any wetland area. RINE SANCTUARY AND UNDERWATER (d) Groins 50 feet or less in length, as meas- PRESERVE BOUNDARY COORDINATES ures from the toe to bluff, which meet all of the following criteria: [Based on North American Datum of 1983] (i) the groin is low profile, with the lakeward end not more than 1 foot above the Point Latitude Longitude existing water level; and (ii) the groin is placed at least 1⁄2 of the ° ′ ″ ° ′ ″ 1 ...... 45 12 25.5 83 23 18.6 groin length from the adjacent property line 2 ...... 45°12′25.5″ 83°00′00″ 3 ...... 44°51′30.5″ 83°00′00″ or closer with written approval of the adja- 4 ...... 44°51′30.5″ 83°19′17.3″ cent riparian. (e) Filling for restoration of existing permitted fill, fills placed incidental to con- APPENDIX B TO SUBPART R OF PART struction of other structures, and fills that 922—MINOR PROJECTS FOR PURPOSES do not exceed 300 cubic yards as a single and OF § 922.193(a)(2)(iii) complete project, where the fill is of suitable material free from pollutants, waste metal Pursuant to Michigan State Administra- products, debris, or organic materials. tive Rule R 322.1013 of Part 325, Great Lakes (f) Dredging for the maintenance of pre- Submerged Lands of Public Act 451 (Michi- viously dredged areas or dredging of not gan State Statute), the Michigan Depart- more than 300 cubic yards as a single and ment of Environmental Quality (Depart- complete project when both of the following ment) issues permits for projects that are of criteria are met: a minor nature which are not controversial, (i) No reasonable expectation exists that which have minimal adverse environmental the materials to be dredged are polluted; and impact, which will be constructed of clean, (ii) All dredging materials will be removed non-polluting materials, which do not impair to an upland site exclusive of wetland areas. the use of the adjacent bottomlands by the (g) Structural repair of man-made struc- public, and which do not adversely affect ri- tures, except as exempted by Michigan State parian interests of adjacent owners. The fol- Administrative Rule R 322.1008(3), when their lowing projects are minor projects: design and purpose meet both of the fol- (a) Noncommercial single piers, docks, and lowing criteria: boat hoists which meet the following design (i) The repair does not alter the original criteria: use of a recently serviceable structure; and

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(ii) The repair will not adversely affect Subpart B—Uses Subject to Management public trust values or interests, including navigation and water quality. 923.10 General. (h) Fish or wildlife habitat structures 923.11 Uses subject to management. which meet both of the following criteria: 923.12 Uses of regional benefit. (i) Are placed so the structures do not im- 923.13 Energy facility planning process. pede or create a navigational hazard; and (ii) Are anchored to the bottomlands. Subpart C—Special Management Areas (i) Scientific structures such as staff gauges, water monitoring devices, water 923.20 General. quality testing devices, survey devices, and 923.21 Areas of particular concern. core sampling devices, if the structures do 923.22 Areas for preservation or restoration. not impede or create a navigational hazard. 923.23 Other areas of particular concern. (j) Navigational aids which meet both of 923.24 Shorefront access and protection the following criteria: planning. (i) Are approved by the United States 923.25 Shoreline erosion/mitigation plan- Coast Guard; and ning. (ii) Are approved under Michigan State Act No. 303 of the Public Acts of 1967, as amend- Subpart D—Boundaries ed, being Section 281.1001 et seq. of the Michi- gan Compiled Laws, and known as the Ma- 923.30 General. rine Safety Act. 923.31 Inland boundary. (k) Extension of a project where work is 923.32 Lakeward or seaward boundary. being performed under a current permit and which will result in no damage to natural re- 923.33 Excluded lands. sources. 923.34 Interstate boundary. (l) A sand trap wall which meets all of the following criteria: Subpart E—Authorities and Organization (i) The wall is 300 feet or less in length 923.40 General. along the shoreline; 923.41 Identification of authorities. (ii) The wall does not extend more than 30 feet lakeward of the toe of bluff; 923.42 State establishment of criteria and (iii) The wall is low profile, that is, it is standards for local implementation— not more than 1 foot above the existing Technique A. water level; and 923.43 Direct State land and water use plan- (iv) The wall is constructed of wood or ning and regulation—Technique B. steel or other non-polluting material. 923.44 State review on a case-by-case basis (m) Physical removal of man-made struc- of actions affecting land and water uses tures or natural obstructions which meet all subject to the management program— of the following criteria: Technique C. (i) The debris and spoils shall be removed 923.45 Air and water pollution control re- to an upland site, not in a wetland, in a man- quirements. ner which will not allow erosion into public 923.46 Organizational structure. waters; 923.47 Designated State agency. (ii) The shoreline and bottom contours 923.48 Documentation. shall be restored to an acceptable condition; and Subpart F—Coordination, Public (iii) Upon completion of structure removal, Involvement and National Interest the site does not constitute a safety or navigational hazard. Department staff shall con- 923.50 General. sider fisheries and wildlife resource values 923.51 Federal-State consultation. when evaluating applications for natural ob- 923.52 Consideration of the national interest struction removal. in facilities. 923.53 Federal consistency procedures. PART 923—COASTAL ZONE MAN- 923.54 Mediation. AGEMENT PROGRAM REGULA- 923.55 Full participation by State and local TIONS governments, interested parties, and the general public. Subpart A—General 923.56 Plan coordination. 923.57 Continuing consultation. Sec. 923.58 Public hearings. 923.1 Purpose and scope. 923.2 Definitions. 923.3 General requirements.

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