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95 Part 922—National Marine Sanctuary Program Regula

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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 pre- cipitation 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 sedi- ments. 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, result- ing 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. 95 VerDate Mar<15>2010 11:22 Feb 15, 2013 Jkt 229052 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\229052.XXX 229052 pmangrum on DSK3VPTVN1PROD with CFR Pt. 922 15 CFR Ch. IX (1–1–13 Edition) 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 con- duct 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 96 VerDate Mar<15>2010 11:22 Feb 15, 2013 Jkt 229052 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\229052.XXX 229052 pmangrum on DSK3VPTVN1PROD with CFR Nat’l Oceanic and Atmospheric Adm., Commerce Pt. 922 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.
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