Vol. 79 Monday, No. 71 April 14, 2014

Part II

Department of Commerce

National Oceanic and Atmospheric Administration 15 CFR Part 922 Proposed Expansion and Regulatory Revision of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries; Proposed Rule

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DEPARTMENT OF COMMERCE Location: Gualala Community Center. mammals. GFNMS is located along and Address: 47950 Center St., Gualala, offshore California’s north-central coast, National Oceanic and Atmospheric CA 95445. west of northern San Mateo, San Administration Time: 6 p.m. Francisco, Marin and southern Sonoma Counties. GFNMS is composed of (4) Bodega Bay, CA 15 CFR Part 922 approximately 1,279 square statute Date: June 18, 2014. [Docket No. 130405335–4240–01] miles (966 square nautical miles) of Location: Grange Hall. offshore waters extending out to and RIN 0648–BD18 Address: 1370 Bodega Ave., Bodega around the Farallon Islands and Bay, CA 94923. nearshore waters (up to the mean high Proposed Expansion and Regulatory Time: 6 p.m. water line) from Bodega Head to Rocky Revision of Gulf of the Farallones and ADDRESSES: You may submit comments Point in Marin. The Farallon Islands lie Cordell Bank National Marine on this document, identified by NOAA– along the outer edge of the continental Sanctuaries NOS–2012–0228, by any of the shelf, between 15 and 22 statute miles AGENCY: Office of National Marine following methods: (13 and 19 nmi) southwest of Point • Sanctuaries (ONMS), National Ocean Electronic Submissions: Submit all Reyes and approximately 30 miles (26 Service (NOS), National Oceanic and electronic public comments via the nmi) due west of San Francisco. In Atmospheric Administration (NOAA), Federal e-Rulemaking Portal. Go to addition to sandy beaches, rocky cliffs, Department of Commerce (DOC). www.regulations.gov/ small coves, and offshore stacks, GFNMS includes open bays (Bodega ACTION: Proposed rule. #!docketDetail;D=NOAA-NOS-2012- 0228, click the ‘‘Comment Now!’’ icon, Bay, Drakes Bay) and enclosed bays or SUMMARY: The National Oceanic and complete the required fields and enter estuaries (Bolinas Lagoon, Tomales Bay, Atmospheric Administration (NOAA) is or attach your comments. Estero Americano, and Estero de San proposing to expand the boundaries of • Mail: Submit written comments to Antonio). GFNMS is located inshore of Gulf of the Farallones National Marine Maria Brown, Sanctuary the California current, and its waters are Sanctuary (GFNMS) and Cordell Bank Superintendent, Gulf of the Farallones characterized by wind-driven National Marine Sanctuary (CBNMS) to National Marine Sanctuary, 991 Marine upwelling, localized eddies, counter- an area north and west of their current Drive, The Presidio, San Francisco, CA current gyres, high nutrient supply, and boundaries, as well as to amend existing 94129. high levels of phytoplankton. sanctuary regulations and add new Instructions: Comments sent by any Cordell Bank National Marine Sanctuary regulations. NOAA is also proposing to other method, to any other address or revise the corresponding sanctuary individual, or received after the end of CBNMS was designated in 1989, and terms of designation and management the comment period, may not be was established to protect and preserve plans. The purpose of this action is to considered by NOAA. All comments the extraordinary ecosystem, including extend national marine sanctuary received are a part of the public record invertebrates, marine birds, mammals, protections to an area that has and will generally be posted for public and other natural resources, of Cordell nationally significant marine resources viewing on www.regulations.gov Bank and its surrounding waters. and habitats and is the source of without change. All personal identifying CBNMS is located offshore of nutrient-rich upwelled waters for the information (e.g., name, address, etc.), California’s north-central coast, off of Marin County. CBNMS protects an area existing sanctuaries. A draft confidential business information, or of 529 square statute miles (399 square environmental impact statement and otherwise sensitive information nautical miles). The main feature of the draft revised management plans have submitted voluntarily by the sender will sanctuary is Cordell Bank, an offshore been prepared for this proposed action. be publicly accessible. ONMS will granite bank located on the edge of the NOAA is soliciting public comment on accept anonymous comments (enter ‘‘N/ continental shelf, about 49 miles (43 the proposed rule, draft environmental A’’ in the required fields if you wish to nmi) northwest of the Golden Gate impact statement, and draft revised remain anonymous). Attachments to Bridge and 23 miles (20 nmi) west of the management plans. electronic comments will be accepted in Point Reyes lighthouse. CBNMS is DATES: Comments on this proposed rule Microsoft Word, Excel, or Adobe PDF file formats only. entirely offshore and shares its southern will be considered if received by June and eastern boundary with GFNMS. 30, 2014. Public hearings will be held as FOR FURTHER INFORMATION CONTACT: Similar to GFNMS, CBNMS is located in detailed below: Maria Brown at [email protected] a major coastal upwelling system. The or 415–561–6622; or Dan Howard at (1) Sausalito, CA combination of oceanic conditions and [email protected] or 415–663– undersea topography provides for a Date: May 22, 2014. 0314. highly productive environment in a Location: U.S. Army Corps of SUPPLEMENTARY INFORMATION: discrete offshore area. Prevailing Engineers Bay Model Visitor Center. currents push nutrients from upwelling Address: 2100 Bridgeway Blvd., I. Introduction southward along the coast, moving Sausalito, CA 94965. Time: 6 p.m. A. Gulf of the Farallones and Cordell nutrients and other prey over the upper Bank National Marine Sanctuaries levels of the Bank. The vertical relief (2) Point Arena, CA and hard substrate of the Bank provide Gulf of the Farallones National Marine benthic habitat with near-shore Date: June 16, 2014. Sanctuary Location: Point Arena City Hall. characteristics in an open ocean Address: 451 School St., Point Arena, GFNMS was designated in 1981, and environment 23 miles (20 nmi) from CA 95468. was established to protect and preserve shore. The combination of sedentary Time: 6 p.m. a unique and fragile ecological plants and animals typical of nearshore community, including the largest waters in close proximity to open ocean (3) Gualala, CA seabird colony in the contiguous United species like blue whales and albatross Date: June 17, 2014. States and diverse and abundant marine creates a rare mix of species and a

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unique biological community at #!docketDetail;D=NOAA-NOS-2012- In addition, the proposed action CBNMS. 0228 or http://farallones.noaa.gov/ would protect significant submerged The National Marine Sanctuaries Act manage/expansion_cbgf.html or may be cultural resources and historical (NMSA) (16 U.S.C. 1431 et seq.) gives obtained by contacting the individual properties, as defined by the National NOAA the authority to expand national listed under the heading FOR FURTHER Historic Preservation Act and its marine sanctuaries to meet the purposes INFORMATION CONTACT. regulations (historical properties and policies of the NMSA, including: include but are not limited to: Artifacts, B. Need for Action • ‘‘. . . to provide authority for records, remains related to or located in comprehensive and coordinated The proposed action would expand the properties and properties of conservation and management of these the boundaries of GFNMS and CBNMS traditional religious and cultural marine areas [national marine north and west of the sanctuaries’ importance to an Indian tribe and that sanctuaries], and activities affecting current boundaries and would include meet the National Register criteria). them, in a manner which complements waters and submerged lands off of There are several existing state and existing regulatory authorities (16 U.S.C. Marin, Sonoma and Mendocino federal laws that provide some degree of 1431(b)(2)); [and] Counties. This expansion would add to protection of historical resources, but • to maintain the natural biological the National Marine Sanctuary System a the State of California regulations only communities in the national marine globally significant coastal upwelling extend 3 nautical miles offshore and sanctuaries, and to protect, and, where center originating off of Point Arena and existing federal regulations do not appropriate, restore and enhance natural flowing into GFNMS and CBNMS via provide comprehensive protection of habitats, populations and ecological wind-driven currents. The proposed these resources. Records document over processes . . .’’ (16 U.S.C. 1431(b)(3)). action would also apply existing 200 vessel and aircraft losses between The NMSA also requires NOAA to regulations into the expansion area, 1820 and 1961 along California’s north- periodically review and evaluate amend current regulations for GFNMS central coast from Bodega Head north to and CBNMS, and add new regulations. progress in implementing the Point Arena. Submerged archaeological Together these regulatory changes management plan and goals for each remnants related to a number of former would provide comprehensive national marine sanctuary. The doghole ports, are likely to exist in the management and protection of the management plans and regulations must area. Doghole ports were small ports on nationally significant resources of the be revised as necessary to fulfill the the Pacific Coast between Central area encompassed by the current purposes and policies of the NMSA (16 California and Southern Oregon that sanctuaries and the expansion area. operated between the mid-1800s until U.S.C. 1434(e)) to ensure that each The proposed expansion area, from sanctuary continues to best conserve, 1939. Such archaeological remnants the upwelling off the Point Arena coast could include landings, wire, trapeze protect, and enhance their nationally and the waters south to GFNMS and significant living and cultural resources. loading chutes and offshore moorings. CBNMS, is an integral geographic While there is no documentation of In addition to expanding the component of the overall marine submerged Native American human boundaries of GFNMS and CBNMS, the ecosystem for these sanctuaries. The settlements in the proposed boundary proposed action would revise the upwelled water, rich with nutrients, expansion area, some may exist there, sanctuaries’ management plans. that flows from the Point Arena since Coast Miwok and Pomo peoples Application of the NMSA to the upwelling center is the regional have lived and harvested the resources expanded sanctuary boundaries through ecosystem driver for productivity in of this abundant marine landscape for the proposed action would provide coastal waters of north-central thousands of years. Sea level rise at the comprehensive and coordinated California. Flowing south from Point end of the last great Ice Age inundated management for the Point Arena Arena, the area supports a marine food a large area that was likely used by these upwelling area and south to the existing web made up of many species of algae, peoples when it was dry land. The national marine sanctuaries. Some of invertebrates, fish, seabirds, and marine proposed action would prohibit the GFNMS and CBNMS regulations mammals. Some species are transitory, possession, moving, removing, or would be extended to the expansion travelling hundreds or thousands of injuring sanctuary historical resources. area without changes, some regulations miles to the region, such as endangered would be altered, and some new blue whales, albatross, shearwaters, king C. History of the Proposed Boundary regulations would be added in order to salmon, white and salmon sharks, while Expansion best suit the resource protection needs others live year round in the In 2001, NOAA received public of the expanded sanctuaries. The sanctuaries, such as Dungeness crab, comment during the joint management regulatory changes are described in sponges, other benthic invertebrates and plan review scoping meetings detail below in the ‘‘Summary of the many species of rockfish. Of note, the requesting that GFNMS and CBNMS be Regulatory Amendments’’ section. The largest assemblage of breeding seabirds expanded north and west. Since 2003, boundary expansion, regulatory in the contiguous United States is at the sanctuary advisory councils for both changes, and new management plans Farallon Islands, and each year their national marine sanctuaries have would result in additional safeguards breeding success depends on a healthy regularly discussed and supported for the resources of the area while and productive marine ecosystem to boundary expansion northward and facilitating uses compatible with allow nesting adults and fledgling westward at advisory council meetings, resource protection. young to feed and flourish. Given that which are open to the public. In The environmental effects of the these sensitive resources are particularly addition to the public and advisory proposed expansion of sanctuary susceptible to damage from human council input, legislation was proposed boundaries and revisions to sanctuary activities, including this area within between 2004 and 2011 by then- regulations and management plans are CBNMS and GFNMS would conserve Congresswoman Lynn Woolsey, Senator analyzed in the DEIS. The public is and protect critical resources by Barbara Boxer, and cosponsors, to invited to comment on the DEIS and preventing or reducing human-caused expand and protect GFNMS and draft management plans, which are impacts such as marine pollution, and CBNMS, but was never passed by available at www.regulations.gov/ wildlife and seabed disturbance. Congress. Congressional, public, and

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NOAA interest in expanding CBNMS several hundred people. NOAA received regulation by NOAA to protect those and GFNMS stemmed from a desire to more than 300 written submissions, characteristics. This section also protect the biologically rich underwater along with the oral comments received specifies that the terms of the habitat and important upwelling center during the three public scoping designation may be modified only by off Point Arena, which, as described, is meetings, posted under docket number the same procedures by which the the source of nationally significant NOAA–NOS–2012–0228 on original designation is made. nutrient-rich waters. www.regulations.gov. To implement this action, NOAA is The sanctuary advisory councils Comments received during this proposing changes to the GFNMS and formally expressed support for the process were analyzed by ONMS staff, CBNMS terms of designation, which proposed boundary expansion and and are addressed in the accompanying were last published in the Federal protection legislation in four draft environmental impact statement, Register on November 20, 2008 (73 FR resolutions. On April 19, 2007, the Gulf with analysis of the proposed action and 70488). of the Farallones Advisory Council four alternatives. Scoping revealed wide passed a resolution supporting support for the protection of areas in A. Revisions to the GFNMS Terms of sanctuary boundary expansion. On Sonoma and southern Mendocino Designation September 19, 2007, the CBNMS Counties, as well support for the area NOAA is proposing to revise the Advisory Council passed a resolution included in the proposed expansion. GFNMS terms of designation to: supporting protection for Bodega Some commenters also suggested the 1. Update the title by adding ‘‘Terms Canyon via proposed legislation. On protection of areas further north and of’’ and removing ‘‘Document.’’ December 13, 2007, the GFNMS south of the proposed expansion or 2. Modify the geographical Advisory Council passed another other alternate boundary configurations description of the sanctuary in the resolution supporting legislation to for expanding the boundaries of GFNMS preamble. expand the sanctuaries. On November and CBNMS. Whereas some 3. Modify Article I ‘‘Effect of 11, 2011, the GFNMS Advisory Council commenters were opposed to expanding Designation’’ by referring specifically to passed a third resolution which the sanctuaries or specific sanctuary Gulf of the Farallones National Marine acknowledged the legislation under regulations, there was generally strong Sanctuary. consideration at that time and again support for extending existing sanctuary 4. Modify Article II ‘‘Description of supported expanding the GFNMS and regulations to the proposed expanded the Area’’ by updating the description of CBNMS boundaries. area, including prohibitions on oil and the size of the sanctuary and describing As a result of the public interest in gas development. Many commenters the proposed new boundary for the boundary expansion and the potential also indicated opposition to any future sanctuary. need for and benefits from additional regulations of fishing under the NMSA. 5. Modify Article III ‘‘Characteristics resource protection, in 2008 NOAA Other comments focused on: Operation of the Area That Give It Particular included boundary expansion actions in of motorized personal watercraft use in Value’’ by updating the description of the revised management plans for the expanded portions of GFNMS; the nationally significant characteristics CBNMS and GFNMS. The strategies protection of wildlife from human of the area to include the globally (GFNMS Resource Protection Action disturbance; and future development of significant coastal upwelling center. Plan, Strategy RP–9 and CBNMS alternative energy and aquaculture. Administration Action Plan, Strategy During the development of this 6. Modify Article IV ‘‘Scope of AD–10) indicated the sanctuary action, it became clear that a wholesale Regulation’’ by updating Section 1 to managers would develop a framework to extension of GFNMS and CBNMS include: A more complete description of evaluate boundary alternatives, with regulations to the respective expansion ‘‘hydrocarbon operations’’; adding public input. Some of the recommended areas would not be the most judicious ‘‘minerals’’ to what had been criteria included consideration of approach in order to meet the goals of ‘‘hydrocarbon operations’’; and adding a boundary changes that would: Be providing resource protection and new subsection I, ‘‘Interfering with an inclusive and ensure the maintenance of allowing compatible uses. Therefore, investigation, search, seizure, or the area’s natural ecosystem, including NOAA is proposing to extend some of disposition of seized property in its contribution to biological the regulations unchanged to the connection with enforcement of the Act productivity; be biogeographically proposed expansion area, amend some or Sanctuary regulations’’, and ‘‘In representative; facilitate, to the extent of the existing regulations that would addition, under no circumstances would compatible with the primary objective apply to both the existing sanctuaries a permit or authorization be issued for of resource protection, public and and the proposed expansion area, and exploring for, developing or producing private uses of the marine resources; add some new regulations. oil, gas, or minerals within the and provide additional comprehensive Additional information on the Sanctuary.’’ and coordinated management of the background of the proposed action is 7. Modify Article V ‘‘Relation to Other area. available at http://farallones.noaa.gov/ Regulatory Programs’’ by updating Due to continued interest in manage/expansion_cbgf.html. Section 3 to include the dates of expanding GFNMS and CBNMS, NOAA, designation and expansion used for in compliance with Section 304(e) of the II. Summary of Proposed Changes to certification. NMSA, conducted public scoping from the Sanctuary Terms of Designation The revised terms of designation are December 21, 2012, to March 1, 2013 Section 304(a)(4) of the NMSA proposed to read as follows (new text in (77 FR 75601), to identify issues requires that the terms of designation for quotes and deleted text in brackets and associated with a proposed expansion. national marine sanctuaries include: (1) italics): This proposed rule provides NOAA held three public scoping The geographic area included within the only those articles and sections of the meetings during this period: One in Sanctuary; (2) the characteristics of the terms of designation for GFNMS for Bodega Bay in January 2013, one in area that give it conservation, which NOAA proposes a change. The Point Arena in February 2013, and one recreational, ecological, historical, full text for the current GFNMS terms of in Gualala in February 2013. These research, educational, or esthetic value; designation may be found at: public meetings were attended by and (3) the types of activities subject to Farallones.noaa.gov/manage/pdf/

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GFNMS_Revised_Designation_11-20- Article III. Characteristics of the Area That In addition, a permit or authorization may 2008.pdf. Give It Particular Value not be issued for exploring for, developing or The Sanctuary ‘‘encompasses a globally producing oil, gas, or minerals within the Terms of Designation for the Gulf of the significant coastal upwelling center that’’ Sanctuary under any circumstances.’’ Farallones National Marine Sanctuary includes a rich and diverse marine ecosystem ... Preamble and a wide variety of marine habitats, Article V. Relation to Other Regulatory Under the authority of Title III of the including habitat for over 36 species of Programs marine mammals. Rookeries for over half of Marine Protection, Research and Sanctuaries ... Act of 1972, Public Law 92–532 (the Act), the California’s nesting marine bird populations waters and submerged lands along the Coast and nesting areas for at least 12 of 16 known Section 3. Other Programs of California [north and ]south of ‘‘Alder U.S. nesting marine bird species are found All applicable regulatory programs will Creek along the 39th parallel’’[Point Reyes within the boundaries. Abundant remain in effect, and all permits, licenses, Headlands], between ‘‘Manchester Beach in populations of fish and shellfish are also ‘‘approvals,’’ and other authorizations issued Mendocino County’’[Bodega Head] and found within the Sanctuary. The Sanctuary [pursuant thereto] ‘‘after January 16, 1981, Rocky Point ‘‘in Marin County’’ and also has one of the largest seasonal with respect to activities conducted within surrounding the Farallon Islands ‘‘and concentrations of adult white sharks the original Sanctuary boundary and after the Noonday Rock along the northern coast of (Carcharodon carcharias) in the world. ‘‘The effective date of the expansion of the California,’’ are hereby designated a National area adjacent to and offshore of Point Arena, Sanctuary with respect to activities Marine Sanctuary for the purposes of due to seasonal winds, currents and conducted within the expansion area’’ will preserving and protecting this unique and oceanography, drives one of the most be valid within the Sanctuary unless fragile ecological community. prominent and persistent upwelling centers authorizing any activity prohibited by any in the world, supporting the productivity of regulation implementing Article IV. ‘‘No Article I. Effect of Designation the sanctuary. The nutrient-rich water carried valid lease, permit, license, approval or other Within the area [designated in 1981 as The down coast by currents promote thriving authorization for activities in the expansion Point Reyes/Farallon Islands National nearshore kelp forests, productive area of the Sanctuary issued by any federal, Marine Sanctuary (the Sanctuary) ]described commercial and recreational fisheries, and State, or local authority of competent in Article II, the Act authorizes the diverse wildlife assemblages. Large jurisdiction and in effect on the effective date promulgation of such regulations as are predators, such as white sharks, sea lions, of the expansion may be terminated by the reasonable and necessary to protect the killer whales, and baleen whales, travel from Secretary of Commerce or by his or her values of the ‘‘Gulf of the Farallones National thousands of miles away to feed in these designee provided the holder of such Marine’’ Sanctuary ‘‘(the Sanctuary)’’. productive waters. Rocky shores along the authorization complies with the certification Section 1 of Article IV of th‘‘ese’’[is] ‘‘Terms Sonoma and Mendocino County coastlines procedures established by Sanctuary of’’ Designation [ Document] lists activities of are largely intact, and teem with crustaceans, regulations.’’ [The Sanctuary regulations the types that are either to be regulated on algae, fish and birds.’’ shall set forth any necessary pertaining to the effective date of final rulemaking or may certification procedures in order for them to Article IV. Scope of Regulation have to be regulated at some later date in remain valid.] order to protect Sanctuary resources and Section 1. Activities Subject to Regulation ... qualities. Listing does not necessarily mean that a type of activity will be regulated; The following activities are subject to [End Of Terms Of Designation] however, if a type of activity is not listed it regulation, including prohibition, as may be necessary to ensure the management, B. Revisions to the CBNMS Terms of may not be regulated, except on an Designation emergency basis, unless section 1 of Article protection, and preservation of the IV is amended to include the type of activity conservation, recreational, ecological, NOAA is revising the CBNMS terms of by the same procedures by which the original historical, cultural, archeological, scientific, designation to: designation was made. educational, and aesthetic resources and 1. Update the title by adding ‘‘Terms of’’, qualities of this area: removing ‘‘Document’’, and making minor Article II. Description of the Area a. [Hydrocarbon operations] ‘‘Exploring technical changes. The Sanctuary consists of an area of the for, developing or producing oil, gas, or 2. Modify the Preamble to add ‘‘Bodega waters and the submerged lands thereunder minerals within the Sanctuary’’; Canyon’’ and ‘‘submerged lands’’ as part of adjacent to the coast of California of b. Discharging or depositing any substance the area designated the Cordell Bank approximately ‘‘2,490’’[966] square nautical within or from beyond the boundary of the National Marine Sanctuary, and making miles (nmi)[,]. ‘‘The boundary’’ Sanctuary; minor technical changes. extend‘‘s’’[ing] seaward to a distance of c. Drilling into, dredging, or otherwise 3. Modify Article I ‘‘Effect of Designation’’ ‘‘30’’[6] nmi ‘‘west’’ from the mainland ‘‘at altering the submerged lands of the by making minor technical changes. Manchester Beach and extends south Sanctuary; or constructing, placing, or 4. Modify Article II ‘‘Description of the approximately 45 nmi to the northwestern abandoning any structure, material, or other Area’’ by changing the description of the size corner of Cordell Bank National Marine matter on or in the submerged lands of the of the sanctuary and describing the proposed Sanctuary (CBNMS), and extends Sanctuary; new boundary for the sanctuary. approximately 38 nmi east along the northern d. Activities regarding cultural or historical 5. Modify Article III ‘‘Characteristics of the boundary of CBNMS, approximately 7 nmi resources; Area That Give It Particular Value’’ by west of Bodega Head. The boundary extends’’ e. Introducing or otherwise releasing from updating the description of the nationally from [ Point Reyes to] Bodega Bay ‘‘to Point within or into the Sanctuary an introduced significant characteristics of the area to Reyes’’ and 12 nmi west from the Farallon species; include Bodega Canyon and the additional Islands and Noonday Rock, and f. Taking or possessing any marine area in the Sanctuary. includ‘‘es’’[ing] the intervening waters and mammal, marine reptile, or bird within or 6. Modify Article IV ‘‘Scope of Regulation’’ submerged lands. ‘‘The Sanctuary includes above the Sanctuary except as permitted by by updating section 1, subsection c, to Bolinas Lagoon, Tomales Bay, Giacomini the Marine Mammal Protection Act, include a more complete description of Wetland, Estero de San Antonio (to the tide Endangered Species Act, and Migratory Bird ‘‘hydrocarbon operations’’ and adding gate at Valley Ford-Franklin School Road) Treaty Act; ‘‘minerals’’ to what had been ‘‘hydrocarbon and Estero Americano (to the bridge at Valley g. Attracting or approaching any animal; operations’’; and by adding a new subsection Ford-Estero Road), as well as Bodega Bay, but h. Operating a vessel (i.e., watercraft of any i to section 1, ‘‘Interfering with an does not include Bodega Harbor, the Salmon description) within the Sanctuary[.] ‘‘; and investigation, search, seizure, or disposition Creek Estuary, the Russian River Estuary, the i. Interfering with an investigation, search, of seized property in connection with Gualala River Estuary, the Arena Cove Pier or seizure, or disposition of seized property in enforcement of the Act or Sanctuary the Garcia River Estuary’’. The precise connection with enforcement of the Act or regulations’’, and by adding ‘‘In addition, boundaries are defined by regulation. Sanctuary regulations. under no circumstances would a permit or

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authorization be issued for exploring for, National Marine Sanctuary (GFNMS). ‘‘From abandoning any structure, material, or other developing or producing oil, gas, or minerals that point, the western boundary of the matter on or in the submerged lands of the within the Sanctuary.’’ Sanctuary extends south approximately 34 Sanctuary; 7. Modify Article V ‘‘Relation to Other nautical miles. From that point, the southern g. Taking or possessing any marine Regulatory Programs’’ by updating section 3 boundary of the Sanctuary continues east 15 mammal, marine reptile, or bird except as to include the dates of designation and nautical miles, where it intersects the permitted under the Marine Mammal expansion used for certification. GFNMS boundary. The eastern boundary of Protection Act, Endangered Species Act or This proposed rule provides only those the Sanctuary is coterminous with the Migratory Bird Treaty Act; [and] articles and sections for the terms of GFNMS boundary, and is a series of straight h. Introducing or otherwise releasing from designation for CBNMS for which NOAA lines connecting in sequence,’’ [to the 1,000 within or into the Sanctuary an introduced proposes a change. The full text for the fathom isobath northwest of the Bank, then species[.]’’; and current CBNMS terms of designation may be south along this isobath to the GFNMS i. Interfering with an investigation, search, found at cordellbank.noaa.gov/library/74_fr_ boundary and back to the northeast along seizure, or disposition of seized property in 12088.pdf. The revised CBNMS terms of this boundary] to the beginning point. The connection with enforcement of the Act or designation are proposed to read as follows precise boundaries are set forth in the Sanctuary regulations. (new text in quotes and deleted text in regulations. In addition, a permit or authorization may brackets and italics): not be issued for exploring for, developing or Article III. Characteristics of the Area That producing oil, gas, or minerals within the Terms Of Designation For The Cordell Bank Give It Particular Value Sanctuary under any circumstances.’’ National Marine Sanctuary Cordell Bank ‘‘and Bodega Canyon are’’ [is] ... Preamble characterized by a combination of oceanic conditions and undersea topography that Article V. Relation to Other Regulatory Under the authority of Title III of the provides for a highly productive environment Programs Marine Protection, Research, and Sanctuaries in a discrete, well-defined area. In addition, ... Act of 1972, as amended, 16 U.S.C. 1431 et the Bank, ‘‘Canyon,’’ and ‘‘their’’ [its] seq. (the ‘‘Act’’), [the ]Cordell Bank, ‘‘Bodega surrounding waters may contain historical Section 3. Other Programs Canyon,’’ and ‘‘their’’[its] surrounding waters resources of national significance. The Bank All applicable regulatory programs shall ‘‘and submerged lands’’ offshore northern consists of a series of steep-sided ridges and remain in effect, and all permits, licenses, California, as described in Article ‘‘II’’[2], are narrow pinnacles rising from the edge of the approvals, and other authorizations issued hereby designated as the Cordell Bank continental shelf. ‘‘The Bank is’’ [It lies on a ‘‘after July 31, 1989, with respect to activities National Marine Sanctuary (the Sanctuary) plateau] 300–400 feet (91–122 meters) deep conducted within the original Sanctuary for the purpose of protecting and conserving and ascends to within [about] 115 feet (35 boundary and after the effective date of the that special, discrete, highly productive meters) of the surface at its shallowest point. expansion of the Sanctuary with respect to marine area and ensuring the continued ‘‘Bodega Canyon is about 12 miles (10.8 activities conducted within the expansion availability of the conservation, ecological, nautical miles) long and is over 5,000 feet area’’ pursuant to those programs shall be research, educational, aesthetic, historical, (1,524 m) deep.’’ The seasonal upwelling of valid unless prohibited by regulations and recreational resources therein. nutrient-rich bottom waters and wide depth implementing Article IV. Article 1. Effect of Designation ranges in the vicinity, have led to a unique ... association of subtidal and oceanic species. The Sanctuary was designated on May 24, [End Of Terms Of Designation] The vigorous biological community 1989 (54 FR 22417). Section 308 of the flourishing at Cordell Bank ‘‘and Bodega National Marine Sanctuaries Act, 16 U.S.C. III. Summary of the Regulatory Amendments Canyon’’ includes an exceptional assortment 1431 et seq. (NMSA), authorizes the issuance With this action, NOAA is proposing to do of [algae,] invertebrates, fishes, marine of such regulations as are necessary to the following: mammals and seabirds. ‘‘Predators travel implement the designation, including from thousands of miles away to feed in —Amend the regulations describing the managing, protecting and conserving the these productive waters.’’ sanctuary boundaries in order to expand conservation, recreational, ecological, the sanctuaries; historical, cultural, archeological, scientific, Article IV. Scope of Regulation —Extend existing sanctuary regulations to educational, and aesthetic resources and the expansion area without any changes; Section 1. Activities Subject to Regulation qualities of the Sanctuary. Section 1 of —Amend existing sanctuary regulations that Article IV of th‘‘ese’’[is] ‘‘Terms of’’ The following activities are subject to apply in either or both existing and Designation [Document] lists activities of the regulation, including prohibition, as may be expansion areas; and types that are either to be regulated on the necessary to ensure the management, —Add new regulations. effective date of final rulemaking or may protection, and preservation of the have to be regulated at some later date in conservation, recreational, ecological, Gulf of the Farallones National Marine order to protect Sanctuary resources and historical, cultural, archeological, scientific, Sanctuary Regulations qualities. Listing does not necessarily mean educational, and aesthetic resources and The proposed new boundary for GFNMS that a type of activit‘‘y’’[ies] will be qualities of this area: would increase the size of the sanctuary from regulated; however, if a type of activity is not a. Depositing or discharging any material approximately 1,279 square miles to 3,297 listed it may not be regulated, except on an or substance; square miles and would extend protection to emergency basis, unless Section 1 of Article b. Removing, taking, or injuring or the submerged lands and the globally- IV is amended to include the type of activity attempting to remove, take, or injure benthic significant coastal upwelling center at Point by the same procedures by which the original invertebrates or algae located on the Bank or Arena and the nutrient-rich waters that flow designation was made. on or within the line representing the 50 via wind-driven currents from the upwelling fathom isobath surrounding the Bank; center into the existing portions of GFNMS. Article II. Description of the Area c. ‘‘Exploring for, developing or producing These nutrients are the foundation of the The Sanctuary consists of a‘‘n oil, gas or minerals within the food-rich environment of the sanctuary. approximately 971’’[399] square nautical Sanctuary’’[Hydrocarbon (oil and gas) This section describes the changes NOAA mile area of marine waters and the activities within the Sanctuary]; is proposing to make to the regulations for submerged lands thereunder encompassed by d. Anchoring on the Bank or on or within GFNMS to implement the proposed a ‘‘northern’’ boundary [extending the line representing the 50 fathom contour expansion of the sanctuary, which is the approximately 250° from the northernmost]’’ surrounding the Bank; basis for this rulemaking. It is organized by that begins approximately 6 nautical miles e. Activities regarding cultural or historical type of regulatory amendments as follows: west of Bodega Head in Sonoma County, resources; —It includes proposed changes to the California and extends west approximately f. Drilling into, dredging, or otherwise boundary description; 38 nautical miles, coterminous with the’’ altering the submerged lands of the —It would apply existing regulations without boundary of the Gulf of the Farallones Sanctuary; or constructing, placing, or changes to the proposed expansion area for

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certain regulations and exceptions related published concurrently with this proposed the DEIS published concurrently with this to discharge, altering the seabed, taking rule. NOAA is proposing to extend the proposed rule. and possessing certain species, disturbing following exceptions to the GFNMS Prohibit the Disturbance of Historic historical resources, introducing discharge/deposit prohibition to the Resources introduced species, attracting white sharks, expansion area: deserting a vessel, exemptions for 1. The discharge/deposit of fish, fish parts, NOAA proposes to extend to the proposed Department of Defense and emergency chumming materials or bait would be expansion area for GFNMS an existing response, and permit criteria and allowed as long as it occurred during the provision that would prohibit possessing, requirements; conduct of lawful fishing activities within moving, removing, or injuring, or attempting —It would amend several existing the sanctuary. to possess, move, remove or injure a regulations and apply them to either or 2. The discharge/deposit of clean effluent sanctuary historical resource in the both the existing sanctuary and proposed generated incidental to vessel use and sanctuary. A description of the impacts of expansion area including prohibiting oil, generated by a Type I or II marine sanitation this regulation can be found in the discussion gas and minerals exploration, discharging device approved by the United States Coast of the proposed action in the DEIS published graywater, operating motorized personal Guard in accordance to section 312 of the concurrently with this proposed rule. watercrafts, flying aircrafts below 1,000 Federal Water Pollution Control Act, as Prohibit the Introduction of Introduced feet in certain designated zones, sailing amended, (FWPCA; 33 U.S.C. 1322) would be Species cargo vessels in certain designated zones, allowed for vessels less than 300 gross approaching white sharks in certain registered tons (GRT) or for vessels 300 GRT Currently, the introduction of introduced designated zones, and minor technical or above without sufficient holding tank species is prohibited in the federal waters of changes to boundary coordinates; capacity to hold sewage while within the GFNMS, with the exception of catch and —It would add new regulations related to sanctuary. release of striped bass (Morone saxatilis). In interference with an investigation and the 3. The discharge/deposit of clean vessel a separate rulemaking, NOAA proposed to ability for NOAA to authorize certain engine cooling water, clean vessel generator amend the regulation pertaining to introduced species (79 FR 17073). This activities otherwise prohibited. cooling water, clean bilge water, anchor separate rulemaking would provide an wash, vessel engine or generator exhaust Boundary Expansion exception for the introduction of non-native from all vessels, including cruise ships, shellfish species for cultivation by NOAA is proposing to modify the would be allowed. An additional exception mariculture activities in Tomales Bay, if such boundary of GFNMS to include the coastal of clean vessel deck wash down would apply activity is specifically authorized by any waters and submerged lands north of the to all vessels other than cruise ships. The valid Federal, State, or local lease, permit, current sanctuary extending to the 39th discharge/deposit of oily waste from bilge license, approval, or other authorization and parallel, just north of Point Arena in pumping would be prohibited from any Mendocino County, and extending seaward subsequently authorized by the sanctuary vessel if the waste contained any detectable to the continental slope to approximately the pursuant to 15 CFR 922.49 and 922.82. It levels of harmful matter. In this case, a 10,000-foot (1,667-fathom) depth contour. would also give NOAA the ability to consider detectable level of oil would be interpreted NOAA is also proposing to clarify that the and authorize new or amended existing to include anything that produced a visible boundary of GFNMS includes the restored operations of commercial mariculture sheen. Giacomini Wetland at the northeastern end of activities in state waters involving certain Tomales Bay to the Mean High Water Line Prohibition on Construction on and introduced species of shellfish that are consistent with current sanctuary Alteration to the Seabed determined to be non-invasive, including in Tomales Bay. regulations. The combined expanded NOAA proposes to extend to the proposed With this action, NOAA proposes to extend boundary would increase the size of the expansion area for GFNMS a provision that sanctuary from 1,279 square miles (966 to the proposed expansion area for GFNMS would prohibit constructing any structure square nautical miles) to 3,297 square miles the existing provision that prohibits the other than a navigation aid on or in the (2,490 square nautical miles). The expanded introduction of introduced species in the submerged lands of the Sanctuary; placing or area would extend shoreward to the Mean sanctuary as well as the new provisions that abandoning any structure on or in the High Water Line, but would not include will result from the ongoing separate submerged lands of the Sanctuary; or drilling Salmon Creek Estuary, the Russian River rulemaking mentioned above. into, dredging, or otherwise altering the Estuary, the Gualala River Estuary, Arena submerged lands of the Sanctuary in any Prohibit White Shark Attraction and Cove east of the pier or the Garcia River way. This provision would include four Approach Estuary. The southern boundary and portions of the western boundary of GFNMS would be existing exceptions to this prohibition: (1) NOAA proposes to extend to the proposed coterminous with CBNMS. A map of the area Anchoring vessels; (2) while conducting expansion area for GFNMS an existing under consideration may be found online at lawful fishing activities; (3) routine provision that would prohibit attracting a http://farallones.noaa.gov/manage/ maintenance and construction of docks and white shark anywhere within GFNMS. expansion_cbgf.html. piers on Tomales Bay; or (4) mariculture activities conducted pursuant to a valid Prohibit the Desertion of Vessels Application of Existing Regulations Without lease, permit, license or other authorization NOAA proposes to extend to the proposed Changes to Proposed Expansion Area issued by the State of California. expansion area for GFNMS an existing provision that would prohibit deserting a Prohibition on Certain Discharges Prohibit the Take and Possession of Certain vessel aground, at anchor, or adrift in the Species Generally, discharging or depositing any Sanctuary. NOAA also proposes to extend to material or other matter from within or into NOAA proposes to extend to the proposed the proposed expansion area for GFNMS an the sanctuary are prohibited in the existing expansion area for GFNMS an existing existing provision that would prohibit sanctuary and would be prohibited in the provision that would prohibit the taking or leaving harmful matter aboard a grounded or proposed expansion area as well. The possession of any marine mammal, sea turtle deserted vessel in the GFNMS. A description exceptions currently in place for some or bird within or above the sanctuary unless of the impacts of this regulation can be found activities would apply in the proposed it is authorized by the Marine Mammal in the discussion of the proposed action in expansion area as well and are described Protection Act, as amended, (MMPA; 16 the DEIS published concurrently with this below. The prohibition would apply not only U.S.C. 1361 et seq.), Endangered Species Act, proposed rule. to discharges and deposits originating in the as amended, (ESA), 16 U.S.C. 1531 et seq., sanctuary (e.g., from vessels in the Migratory Bird Treaty Act, as amended, Exemption for Department of Defense sanctuary), but also, for example, from (MBTA), 16 U.S.C. 703 et seq., or any Activities discharges and deposits occurring above the regulation, as amended, promulgated under NOAA proposes to extend to the GFNMS sanctuaries. A description of the impacts of the MMPA, ESA, or MBTA. A description of expansion area an existing exemption for this discharge regulation can be found in the the impacts of this regulation can be found Department of Defense (DOD) activities discussion of the proposed action in the DEIS in the discussion of the proposed action in necessary for national defense, provided such

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activities are conducted on or prior to the oil or gas development projects or leases that reaches of the sanctuary by such craft are effective date of GFNMS designation or would necessitate pipelines. Should an oil or likely to pose a threat to wildlife and other GFNMS expansion. DOD activities necessary gas pipeline be proposed in the future, the ocean users. Some MPWC operators for national defense initiated after the new proposed authorization process commonly accelerate and decelerate effective date of designation or expansion (described below) could be used to allow repeatedly and unpredictably, travel at rapid could be exempted after consultation with such a use. speeds directly toward shore, and may the Sanctuary Superintendent, with authority Prohibition on Certain Discharges maneuver close to rocks. Thus wildlife delegated from the ONMS Director. DOD disturbance impacts from MPWC tend to be activities not necessary for national defense, The discharge/deposit of graywater as more likely than those from motorboat use, such as routine exercises and vessel defined by section 312 of the FWPCA by due to impacts in ecologically sensitive areas, operations, would be subject to all vessels less than 300 GRT, or vessels 300 often in nearshore locations. More detailed prohibitions that apply to GFNMS. GRT or greater without sufficient holding information on the impacts of MPWC can be tank capacity to hold graywater while within found in the discussion of the proposed Exemption for Emergencies the sanctuary would be excepted from the action in the DEIS published concurrently NOAA proposes to extend to the proposed discharge prohibition. This new exception is with this proposed rule. expansion area for GFNMS a provision that intended to allow small vessels producing a NOAA proposes to extend the current would exempt from sanctuary regulations for small amount of clean graywater to continue regulation to the proposed expanded area, activities necessary to respond to an operating within the sanctuary. This new but would modify it to allow for the use of emergency threatening life, property, or the exception would not apply to cruise ships. It a MPWC equipped with a functioning Global environment. would allow some vessels to discharge clean Positioning System (GPS) unit within four graywater within the sanctuary (which is newly designated zones within the sanctuary Exemption for Permitted Activities currently prohibited) as well as in the expansion area, as described in the next NOAA proposes to extend to the expanded proposed expansion area. Since the sanctuary section. area an exemption for activities that are would be expanded and the adjacent CBNMS permitted by the Sanctuary Superintendent, would be expanded, the larger area may Regulations That Would Apply Only to with authority delegated from the ONMS make it difficult for some larger vessels Existing Sanctuary Area Director, in accordance with the permit lacking holding capacity to hold graywater Prohibit Low Flying Aircraft in Designated issuance criteria found in 15 CFR 922.48 and discharges while transiting through the Zones 15 CFR 922.83. It is important to note that sanctuaries. By allowing this discharge, non- Currently NOAA prohibits disturbing permits would only be available for activities cruise ship vessels would not be forced to marine mammals or seabirds by flying that violate the regulations at 15 CFR hold all graywater and would have the option motorized aircraft at less than 1,000 feet over 922.83(a)(2) through (a)(16). No permit could of discharging clean graywater in the the waters within one nautical mile of the be issued for activities that violate 15 CFR sanctuary, consistent with the existing Farallon Islands, Bolinas Lagoon, or any Area 922.83(a)(1) which prohibit the exploration provisions in MBNMS and state and federal of Special Biological Significance (ASBS, see for, development, or production of oil, gas or regulations. However, larger vessels greater description below), except to transport minerals within the sanctuary. A Sanctuary than 300 GRT that have holding capacity persons or supplies to or from the Islands or Superintendent may issue a sanctuary permit would be prohibited from discharging gray for enforcement purposes. NOAA presumes to: (1) Further research or monitoring related water anywhere in the sanctuary. that a failure to maintain a minimum altitude to sanctuary resources and qualities; (2) This rule would extend to the proposed of 1,000 feet above ground level over such further the educational value of the expansion area for GFNMS an existing waters disturbs marine mammals or seabirds. sanctuary; (3) further salvage or recovery provision that also prohibits the discharge/ NOAA is proposing to rename the areas of operations; or (4) assist in managing the deposit originating outside the boundary of overflight regulation ‘‘Special Wildlife sanctuary. GFNMS that subsequently would enter the sanctuary and injure a sanctuary resource or Protection Zones’’ (SWPZs) and make small Amend Existing Regulations quality. This existing regulation would be changes to the areas of overflight regulation within the existing boundaries of GFNMS. Regulations That Would Apply to Both applied to the expansion area with the addition of the exception for a vessel less The new SWPZs would implement Existing Sanctuary and Proposed Expansion restrictions to disturbing marine mammals or Area than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold seabirds by flying a motorized aircraft as well Prohibition on Oil, Gas, or Minerals the graywater while within the Sanctuary, as as to the sailing of cargo vessels. In this Exploration mentioned above. A description of the section, NOAA describes changing the zones NOAA is proposing to extend the current impacts of this regulation can be found in the from using existing state designated Areas of GFNMS regulations pertaining to oil and gas discussion of the proposed action in the DEIS Special Biological Significance and specific exploration, development, and production to published concurrently with this proposed area names to a new slightly modified the proposed expanded area, as well as rule. configuration of Special Wildlife Protection making some amendments to the regulation Zones; NOAA describes overflight Modification of the Prohibition on Operating regulations below and describes the that would apply both to the current GFNMS Motorized Personal Watercraft as well as the proposed expanded area, as restrictions to cargo vessel use in a separate described below. GFNMS regulations prohibit the operation section below. A map of the zones under 1. NOAA is proposing to amend the of all motorized personal watercraft (MPWC), consideration may be found in the DEIS current GFNMS regulation to also prohibit except for emergency search and rescue posted online at http://farallones.noaa.gov/ exploring for, developing, or producing missions or law enforcement operations manage/expansion_cbgf.html. minerals within the current boundary as well (other than routine training activities) carried 1. NOAA is proposing to no longer use the as the expansion area of GFNMS to be out by the National Park Service, U.S. Coast location of State-designated ASBS to define consistent with CBNMS and Monterey Bay Guard, Fire or Police Departments or other the areas where the low flying aircraft National Marine Sanctuary, which are both Federal, State or local jurisdictions. MPWC, prohibition applies. Instead, NOAA would adjacent to and abutting GFNMS. No which are often referred to as ‘‘jetskis’’® or designate SWPZs as defined below. NOAA commercial exploration, development, or simply ‘‘skis,’’ include several small vessel would delete the definition of ASBS in production of minerals is currently designs that share similar performance sanctuary regulations, although those areas conducted, nor is such activity anticipated in characteristics. NOAA has restricted the use are designated by the state of California for the near future. of MPWC within various sanctuaries when water quality purposes and they would 2. NOAA is proposing to remove the MPWC operation poses a unique and continue to exist in that capacity. The exception for laying pipelines related to significant threat of disturbance to sanctuary existing GFNMS regulations use a hydrocarbon operations adjacent to the habitats and wildlife through repetitive combination of specified locations and State sanctuary. There are no existing or proposed operation within sensitive environments. ASBS to protect sensitive seabird and oil or gas pipelines in the vicinity and no NOAA’s assessments of MPWC impacts pinniped areas from cargo vessel disturbance currently planned or reasonably foreseeable indicate that unrestricted access to all or discharge, and from low flying aircraft

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disturbance. ASBS are those areas designated subject to prohibitions on low flying aircraft: and landmarks, which can be identified from by California’s State Water Resources Control Tomales Point, Point Reyes, Duxbury Reef- the air would likely facilitate compliance Board as requiring protection of species or Bolinas Lagoon, and two zones at the from pilots. Therefore, NOAA estimates that biological communities to the extent that Farallon Islands. In the existing sanctuary this proposed change in boundaries would alteration of natural water quality is boundaries, the proposed boundaries of the result in a negligible change of operations for undesirable. ASBS are a subset of State Water SWPZs would remain similar in size and low flying aircrafts above the existing Quality Protection Areas established location to the areas currently protected from sanctuary. pursuant to California Public Resources Code low flying aircraft. The shape would change Prohibit Cargo Vessels in Designated Zones section 36700 et seq. These areas were from circles to polygons and would be designated based on the presence of certain delineated around known points, islands and Currently NOAA prohibits cargo vessels species or biological communities that, landmarks, instead of following ASBS from transiting closer than two nautical miles because of their value or fragility, deserve boundaries with either one or two nautical of the Farallon Islands, Bolinas Lagoon, or special protection by preserving and mile buffers. The proposed changes are any ASBS to prevent wildlife disturbance maintaining natural water quality conditions designed to aid compliance with the low and minimize the risk of oil spills in these to the extent practicable. Within the existing overflight restriction zones by allowing for areas. NOAA is proposing to amend the GFNMS boundaries, ASBS coincide with visual recognition of the zones from the air. current prohibition on cargo vessels areas of high biological diversity and/or The proposed new SWPZs would result in a transiting close to sensitive wildlife areas in abundance of species, which is why NOAA slight increase in zone size for some areas the sanctuary to the proposed expanded area originally prohibited low overflights above and a decrease in size in other areas as with the following two changes. A map of the these ASBS areas and within one nautical defined below. For the Tomales Point zone, zones under consideration may be found in the DEIS posted online at http:// mile of the edge of their boundaries. SWPZ 3, the boundaries would encompass _ However, the ASBS in the expansion area are the area within the sanctuary surrounding farallones.noaa.gov/manage/expansion not in locations that would provide adequate Tomales Point and the northern portion of cbgf.html. NOAA would replace the current protection to wildlife if used for low flying Tomales Bay to the east shore at Toms Point, zones including a two-nautical-mile buffer aircraft prohibitions. Therefore, NOAA is and north to Estero de San Antonio. The around the Farallon Islands, Bolinas Lagoon, proposing to standardize the nomenclature proposed change would increase the area by or any ASBS with SWPZs that would extend for the zones where low overflight is approximately 5 square miles. However, it 1 nautical mile into the same waters. Cargo prohibited by naming all of them SWPZs in would only increase the time an aircraft vessels would be required to sail at least one both the existing sanctuary and the proposed would have to stay above 1,000 feet by nautical mile from any SWPZ. Although the expansion area. approximately 35 seconds if traveling at a new proposed regulation would change the buffer in the existing zones from two nautical 2. Instead of continuing to use ASBS speed of 120 miles per hour, assuming the miles to one nautical mile, the proposed new boundaries with a one nautical mile buffer flight line is roughly parallel to the coast. For SWPZs would encompass the same areas that and other specified locations, the new the Point Reyes zone, SWPZ 4, the were previously identified in the regulations. proposed regulation would prohibit boundaries would encompass the area within Therefore, the proposed new cargo vessel disturbing marine mammals or seabirds by the sanctuary surrounding Point Reyes. This prohibition would remain similar in size and flying motorized aircraft at less than 1000 change in shape would increase area by location to the areas currently protected from feet over the waters within the newly approximately 1.8 square miles, but it would cargo vessels. designated SWPZs (except to transport not increase the time an aircraft would have As proposed, the cargo vessel prohibition to stay above 1,000 feet if traveling at a speed persons or supplies to or from the Farallon zones in the existing sanctuary (which would Islands or for enforcement purposes.) Failure of 120 miles per hour. For the Duxbury Reef- encompass an area covering the SWPZs as to maintain a minimum altitude of 1000 feet Bolinas Lagoon zone, SWPZ 5, the boundary well as a one-mile buffer around them) above ground level over such waters would would encompass all of Bolinas Lagoon, but would be very similar to the areas currently still be presumed to disturb marine mammals not Seadrift Lagoon, and extend west to protected from transiting cargo vessels, or seabirds. This presumption of disturbance Bolinas Bay, south to Rocky Point and north meaning that overall size and location of the could be overcome by contrary evidence that to Millers Point. The proposed change would zones would not significantly differ from the disturbance did not, in fact, occur (e.g., increase area by approximately 4.5 square existing protected areas. The changes to the evidence that no marine mammals or miles and increase the time an aircraft would areas in the existing sanctuary would result seabirds were present in the area at the time have to stay above 1,000 feet by in a total area that would only be 6.4 square of the low overflight). approximately 20 seconds if traveling at a miles larger than the existing cargo vessel 3. SWPZs would be defined as areas of speed of 120 miles per hour. The Southeast prohibition zones. Therefore, this proposed high biological diversity and/or abundance of Farallon Islands Zone, SWPZ 6, extends change in the current boundaries would species including federally listed and approximately 1 nautical mile seaward of result in a negligible change for transiting specially protected species. In particular Southeast Farallon Island and Maintop cargo vessels. these areas are white shark, seabird, and Island. The proposed change would decrease marine mammal (pinniped) ‘‘hotspots’’. the area by approximately 2.2 square miles Prohibit White Shark Attraction and White shark hotspots contain globally and decrease the time an aircraft would have Approach significant concentrations of white sharks. to stay above 1,000 feet by approximately 60 NOAA also prohibits approaching within Seabird hotspots are areas with large historic seconds if traveling at a speed of 120 miles 50 meters of a white shark within 2 nautical populations, species diversity, and high per hour. The North Farallon Islands Zone, miles of the Farallon Islands to prevent concentration of nesting and roosting birds. SWPZ 7, extends approximately 1 nautical harassment and to reduce wildlife Pinniped hotpots provide critical habitat for mile seaward of North Farallon Island and disturbance to white sharks. The proposed pupping seals and sea lions. In the proposed Isle of St. James. The proposed change would rule would amend the approach regulation in new boundaries for GFNMS, SWPZs would increase the area by approximately 1.4 square the current GFNMS regulations, as described be established where such hotspots are miles, but would not increase the time an below. susceptible to disturbance by low flying aircraft would have to stay above 1,000 feet 1. NOAA is proposing to refine and further aircraft, cargo vessel operations, or in the if traveling at a speed of 120 miles per hour. delineate the zone in which it is prohibited case of white sharks, tourism vessels. Using points, landmarks and islands changes to approach a white shark within 2 nautical Therefore, SWPZs are proposed to better the shape of the five existing zones from miles of the Farallon Islands by creating two encompass areas needing protection from circular to a polygon. However, the zones zones that encompass both the Southeast and certain human activities and to provide encompass the same wildlife hotspots as the North Farallon Islands. The location and size consistency between the existing and current zones and NOAA believes such small of the zones would effectively remain similar proposed areas of GFNMS. changes in size of the new SWPZs would be to the current prohibition at both the 4. There would be a total of five SWPZs in inconsequential when flying an aircraft due Southeast and North Farallon Islands, the current sanctuary boundaries coinciding to the short amount of additional flight time however, the area around Middle Farallon with previous state ASBS boundaries, which in which it would result. Also, the change in Island would be removed resulting in a total were previously used to delineate the areas shape and the use of known points, islands area that is smaller than the existing zone.

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The previous zone was circular and and incorporate these changes without all sanctuaries (including modifications to surrounded all the Farallon Islands. The two significantly altering the size or location of definition of MPWC) in a separate new zones would be changed to a polygon the seagrass protection zones. rulemaking (78 FR 5998) published January and match the cargo vessel prohibition zones 28, 2013. The reasoning behind and impacts by creating a one nautical mile buffer around Regulations That Would Apply Only to of this proposal are being analyzed as part of proposed SWPZs 6 and 7. The proposed Proposed Expansion Area the separate rulemaking with a separate regulation would prohibit disturbing white Motorized Personal Watercraft Zones public review process. A final rule is sharks by approaching within 50 meters of a Operation of MPWC would be allowed currently in development for this separate white shark while within one nautical mile only within four designated zones within the action. of, and inside, the newly designated SWPZs proposed expansion area and would limit Prohibit Low Flying Aircraft in Designated 6 and 7 around Southeast and North Farallon access to the nearshore. The proposed Zones Islands. Middle Farallon Island would not be regulations specify that an operable GPS unit included in the approach prohibition. Middle NOAA proposes to prohibit disturbing in working condition must be carried on all marine mammals or seabirds by flying Farallon Island is not considered to be a MPWC accessing each zone in order to location of primary food source (i.e., motorized aircraft at less than 1,000 feet over accurately and precisely navigate to MPWC the waters within one nautical mile of pinnipeds) for white sharks. According to zones and to ensure that the MPWC stays data collected by Point Blue Conservation SWPZs except for enforcement purposes. within the designated zones. The proposed Similar to the current regulations applying to Science (1987–2011) only one confirmed action would allow use of MPWC in areas white shark predation event has occurred the existing sanctuary, NOAA would totaling 33.4 square nautical miles. A map of presume that a failure to maintain a near middle Farallon Island during the fall the zones under consideration may be found season. Only a small number (30 or less) of minimum altitude of 1,000 feet above ground in the DEIS posted online at http:// level over such waters disturbs marine sea lions are able to haul out on Middle farallones.noaa.gov/manage/expansion_ Farallon Island at a time. In 2011, island mammals or seabirds. NOAA is proposing to cbgf.html. add two discrete SWPZs with overflight biologists observed a shark thrashing several The sites of the four zones have been times over a number of hours, but no carcass restrictions in the proposed expanded area, specifically proposed to minimize or prevent as described below. The new SWPZs would or blood was ever observed, therefore the impacts on nearshore wildlife, and to protect attack was not confirmed. Additionally, implement restrictions to disturbing marine known wildlife hotspots (which include mammals or seabirds by flying a motorized researchers and tourism operators have not areas of high biological diversity or been observed or reported in their logs aircraft as well as to the sailing of cargo abundance of species) or federally listed and vessels. In this section, NOAA describes the approaching white sharks near Middle specially protected species, while still Farallon Island. effect of the new SWPZs to low overflight allowing access to important recreational regulations and describes the restrictions to 2. SWPZs 6 and 7 would be the only two areas for surfing and where species of SWPZs in the current sanctuary boundaries cargo vessel use in the following section. concern have a low likelihood of disturbance. SWPZs would be defined as areas of high where approaching white sharks would be Access to the proposed zones by prohibited. The proposed boundaries of the biological diversity and/or abundance of conventional vessels would continue species including federally listed and new SWPZs are very similar to the areas unchanged. currently protected from approaching white specially protected species. In particular NOAA is proposing three year-round these areas are white shark, seabird, and sharks around the Southeast and North MPWC use zones and one seasonal MPWC Farallon Islands meaning that overall size marine mammal (pinniped) ‘‘hotspots’’. zone within the GFNMS expansion area. White shark hotspots contain globally and location would generally be the same as Zone 1 is approximately 8.5 square miles and the existing protected areas. The combined significant concentrations of white sharks. is proposed from latitude 39 to Arena Cove. Seabird hotspots are areas with important area of the current white shark protection This seasonal zone would be open from zone is approximately 52.3 square miles. The populations, species diversity, and which October through February. It would be closed support a high concentration of nesting and combined area of the two new white shark from March through September to limit protection zones would be approximately roosting birds. Pinniped hotpots provide vital potential negative interactions with MPWC habitat for pupping seals and sea lions. In the 47.7 square miles. This is a reduction of 4.6 landing on Manchester Beach during the time sq mi or approximately 10% of the current proposed new boundaries for GFNMS, Snowy Plovers, listed as threatened by the SWPZs would be established where such area, but that reduction is due to the removal Endangered Species Act, nest on beaches. of the Middle Farallon Island from the zone. hotspots are susceptible to disturbance by Zone 2 is approximately 26.2 square miles low flying aircraft, cargo vessel operations, or Therefore, NOAA believes this proposed and is proposed from Arena Cove to Havens change in boundaries would result in a in the case of white sharks, tourism vessels. Neck. Prominent visual markers at Arena Therefore, SWPZs are proposed to better negligible change for researchers and tourism Cove, Moat, Saunders Landing, Iverson operators in the existing sanctuary, and that encompass areas needing protection from Landing and Haven’s Neck would be used to certain human activities and to provide the reconfiguration of SWPZs would result in define the eastern boundary. The proposed more effective resource protection. consistency between the existing and zone would require MPWC users to stay proposed areas of GFNMS. Technical Changes to Boundaries seaward of all the listed points at all times. Two new SWPZs would be created in the Minor technical changes were needed for Use of waypoints at each of the shoreside proposed expansion area. The first zone, the textual descriptions and point locations locations would help operators with SWPZ 1, would extend south along the coast of the No-Anchoring Seagrass Protection compliance. Zone 3 is approximately 3.8 from Havens Neck in Mendocino County Zones in Tomales Bay. Metric values square miles and is offshore of Timber Cove. approximately 10 miles to Del Mar Point in (hectares and meters) were converted to Zone 3 would be accessed through a boat Sonoma County and from the Mean High English units to be consistent with the rest ramp at Timber Cove. Zone 4 is Water Line approximately 1.75 miles of the document. All zones with a shoreline approximately 6.1 square miles including the seaward. The size of the zone would be component to their boundary are now access route area and is proposed offshore of approximately 10.5 square miles. The described in language that complies with Bodega Head to Coleman Beach. A 100-yard overflight time would be about 200 seconds current ONMS conventions for boundary access route from Bodega Harbor using the (3.33 minutes) for an aircraft traveling at 120 descriptions. In addition to modifying the harbor entrance and two navigational buoys miles per hour. SWPZ 1 would include text, the index numbers of some coordinate would allow entrance to the southern observed pinniped haul-out areas, 3 species pairs were reordered and some coordinates boundary of the zone. Seasonal access would of breeding seabird colonies and one roosting were modified to accommodate the edited also be available through Salmon Creek, at seabird species at Fish Rocks; and observed text. No change was made to the existing Bean Avenue and the Ranger Station. pinniped haul-out areas and 5 species of zone locations or areas, except that the NOAA is not proposing to change the breeding seabirds at Gualala Point Island. boundary coordinates of Zone 5 were definition of MPWC used by current GFNMS The second zone, SWPZ 2, would extend modified slightly so that the zone better align regulations in this proposed rule. However, south along the coast from Windermere with GFNMS boundaries. Therefore, this NOAA has proposed to consolidate and Point, north of the Russian River in Sonoma proposed rule would correct minor errors standardize definitions that are common to County, approximately 14 miles to Duncans

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Point and from the Mean High Water Line separate rulemaking to add to GFNMS current sanctuary. The larger boundary for approximately 1.85 miles seaward. The size regulations the authority to authorize new or CBNMS would include Bodega Canyon, a of the zone would be approximately 21.4 amended existing operations of commercial significant bathymetric feature that square miles. The overflight time would be mariculture activities in state waters contributes directly to the biological about 375 seconds (6.25 minutes) for an involving certain introduced species of productivity of the existing sanctuary aircraft traveling at 120 miles per hour. shellfish that are determined to be non- ecosystem but is not currently part of SWPZ 2 would include observed Steller Sea invasive (79 FR 17073). In the case of CBNMS. Submarine canyons support deep Lion haul out areas at Northwest Cape (Fort authorization, the activity would have to water communities and affect local and Ross); and harbor seal haul out areas and 5 comply with such terms, but would not have regional water circulation patterns. The species of breeding seabirds throughout the to fit within the categories of activities for eastern and northern boundaries of CBNMS entire Russian River Colony Complex, which which a sanctuary permit may be obtained. would be coterminous with GFNMS. is a system of offshore rocks north and south The activities would have to be authorized by Extension of Existing Regulations Without of the Russian River. The seven zones would the Sanctuary Superintendent, with authority Changes to Proposed Expansion Area include 11 seabird hotspots and 9 pinniped delegated from the ONMS Director, under 15 hotspots within the existing sanctuary and CFR 922.83(d)and 15 CFR 922.49. This Prohibition on Certain Discharges the proposed sanctuary expansion area. authorization provision is similar to that in Generally, discharging or depositing any Many of these ‘‘hotspots’’ are ‘‘colony the existing regulations for MBNMS and five material or other matter from within or into complexes’’ which means that the area may other national marine sanctuaries. The the sanctuary are prohibited in the existing include cliffs (used by seabirds), clusters of Sanctuary Superintendent may also deny an sanctuary and would be prohibited in the rocks, or tidal mudflat islands (used by authorization or condition an approval to proposed expansion area as well. The pinnipeds). The combined area for all 7 protect sanctuary resources. exceptions currently in place for some SWPZs would cover 2.77% of sanctuary The exemption for authorized activities in activities would apply in the proposed waters (approximately 91.5 square miles). this proposed rule would result in a new expansion area as well and are described Prohibit Cargo Vessels in Designated Zones management authority in GFNMS as it below. The prohibition would apply not only currently stands as well as in the proposed to discharges and deposits originating in the Currently NOAA prohibits cargo vessels expanded sanctuary. sanctuary (e.g., from vessels in the from transiting closer than two nautical miles In addition, NOAA is proposing to amend sanctuary), but also, for example, from of the Farallon Islands, Bolinas Lagoon, or in the GFNMS regulations the explanation of discharges and deposits occurring above the any ASBS to prevent wildlife disturbance the procedure by which preexisting leases, sanctuaries. A description of the impacts of and minimize the risk of oil spills in these permits, licenses, or rights of subsistence use this discharge regulation can be found in the areas. NOAA is proposing to extend the or access applying to the expansion area and discussion of the proposed action in the DEIS current prohibition on cargo vessels in existence on the effective date of the published concurrently with this proposed transiting close to sensitive wildlife areas in sanctuary expansion may be certified (see 15 rule. NOAA is proposing to extend the the sanctuary to the proposed expanded area CFR 922.84), to clarify that the certification following exceptions to the CBNMS by proposing a total of two new cargo process would only be in place in the discharge/deposit prohibition to the prohibition zones in the proposed expansion expansion area. expansion area: area. 1. The discharge/deposit of fish, fish parts, The two proposed new cargo vessel Cordell Bank National Marine Sanctuary chumming materials or bait would be restriction zones in the proposed expansion Regulations allowed as long as they were made during the area would be based on the proposed SWPZs, This section describes the changes NOAA conduct of lawful fishing activities within as described above. Combined area of new is proposing to make to the regulations for the sanctuary. This existing regulation would proposed cargo vessel zones in expansion CBNMS to implement the proposed be applied to the expansion area without area would be approximately 61.7 square expansion of the sanctuary, which is the amendment. A description of the impacts of miles. These two new SWPZs would be basis for this rulemaking. It is organized by this regulation can be found in the discussion inshore of known cargo vessel traffic routes, type of regulatory amendments as follows: therefore NOAA does not expect them to of the proposed action in the DEIS published interfere significantly with current cargo —It includes proposed changes to the concurrently with this proposed rule. vessel traffic. boundary description; 2. The discharge/deposit of clean effluent —It would apply existing regulations without generated incidental to vessel use and Add New Regulations changes to the proposed expansion area for generated by a Type I or II marine sanitation Prohibit Interference With an Investigation certain regulations and exceptions related device approved by the United States Coast to discharge, prohibiting oil, gas and Guard in accordance to section 312 of the NOAA proposes to add a new regulation to minerals exploration, taking and Federal Water Pollution Control Act, as enhance an existing statutory prohibition on possessing certain species, introducing amended, (FWPCA; 33 U.S.C. 1322) would be interfering with, obstructing, delaying, or allowed for vessels less than 300 gross preventing an investigation, search or seizure introduced species, exemptions for Department of Defense and emergency registered tons (GRT) or for vessels 300 GRT in connection with an enforcement action or above without sufficient holding tank related to the National Marine Sanctuaries response, permit criteria and requirements, capacity to hold sewage while within the Act (NMSA; 16 U.S.C. 1431 et seq.). and issuance of emergency regulations; —It would amend an existing regulation sanctuary. This existing regulation would be Exemption for Authorized Activities regarding graywater discharge and apply it applied to the expansion area without Current GFNMS permit regulations do not to both the existing sanctuary and amendment. A description of the impacts of allow NOAA to authorize any prohibited proposed expansion area; this regulation can be found in the discussion activity other than through the issuance of a —It would add new regulations related to of the proposed action in the DEIS published national marine sanctuary permit. With this disturbing historical resources, interference concurrently with this proposed rule. action, NOAA is proposing to add to GFNMS with an investigation and the ability for 3. The discharge/deposit of clean vessel regulations the authority to authorize certain NOAA to authorize certain activities engine cooling water, clean vessel generator activities such as the discharge, construction, otherwise prohibited. cooling water, clean bilge water, anchor drilling, dredging or other disturbance on wash, vessel engine or generator exhaust submerged land, taking and possessing a Boundary Expansion from all vessels, including cruise ships, marine mammal, sea turtle, or bird, and NOAA is proposing to modify the would be allowed. An additional exception possessing historical resources, as long as boundary of CBNMS. The proposed new of clean vessel deck wash down would apply those activities are permitted or licensed by boundary for CBNMS would increase the size to all vessels other than cruise ships as another federal, State, or local agency, and as of the sanctuary from approximately 528 defined above in the existing sanctuary and long as the applicant complies with any square miles (399 nautical square miles) to the expansion area. The discharge/deposit of terms and conditions deemed necessary to 1,286 square miles (971 nautical square oily waste from bilge pumping would be protect sanctuary resources and qualities. In miles) and would include the waters and prohibited from any vessel if the waste addition, NOAA is proposing as part of a submerged lands north and west of the contained any detectable levels of harmful

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matter. In this case, a detectable level of oil Exemption for Permitted Activities description of the impacts of this regulation would be interpreted to include anything that NOAA proposes to provide an exemption can be found in the discussion of the produced a visible sheen. A description of for activities that are permitted by the proposed action in the DEIS published the impacts of this regulation can be found Sanctuary Superintendent, with authority concurrently with this proposed rule. in the discussion of the proposed action in delegated from the ONMS Director, in Add New Regulations the DEIS published concurrently with this accordance with the permit issuance criteria Prohibit the Disturbance of Historic proposed rule. found in 15 CFR 922.48 and 15 CFR 922.113. Resources Prohibit Oil, Gas, or Minerals Exploration The Sanctuary Superintendent may issue a NOAA is proposing to apply to the sanctuary permit to: (1) Further research or NOAA is proposing to prohibit the proposed expansion area for CBNMS an monitoring related to sanctuary resources disturbance of, or attempts to disturb, a existing provision that would prohibit and qualities; (2) further the educational sanctuary historical resource. This exploring for, developing or producing oil, value of the sanctuary; (3) further salvage or modification would add protection to these gas, or minerals within CBNMS. recovery operations; or (4) assist in managing fragile, finite, and non-renewable resources the sanctuary. It is important to note that so they may be studied, and appropriate Prohibit the Take and Possession of Certain permits would only be available for activities information may be made available for the Species that otherwise violate the regulations at 15 benefit of the public. This rule would also NOAA is proposing to extend to the CFR 922.112, (a)(2) through (a)(7). No permit prohibit the possession of a sanctuary proposed expansion area for CBNMS an could be issued for activities that violate 15 historical resource, and would provide for existing provision that prohibits the taking or CFR 922.112(a)(1), which prohibits the comprehensive protection of sanctuary possession of any marine mammal, sea turtle exploration for, development, or production resources by making it illegal to possess or bird within or above the sanctuary unless of oil, gas or minerals within the sanctuary. historical resources in any geographic it is authorized by the Marine Mammal location. For example, this rule would make Provision for Emergency Regulation Protection Act, as amended, (MMPA; 16 it illegal for anyone to possess an artifact U.S.C. 1361 et seq.), Endangered Species Act, NOAA proposes to extend to the proposed taken from a shipwreck in CBNMS even if as amended, (ESA), 16 U.S.C. 1531 et seq., expansion area for CBNMS a provision that the individual is no longer in the sanctuary. Migratory Bird Treaty Act, as amended, would allow NOAA to issue emergency While the presence of historical resources on (MBTA), 16 U.S.C. 703 et seq., or any regulations, within the limits of the NMSA, Cordell Bank or in its surrounding waters is regulation, as amended, promulgated under for no more than 120 days in order to prevent not known, such resources could exist. Since the MMPA, ESA, or MBTA. A description of immediate, serious, and irreversible damage the proposed expanded sanctuary would be the impacts of this regulation can be found to a sanctuary resource. considerably larger in size, there may be in the discussion of the proposed action in submerged resources requiring protection Amend Existing Regulations the DEIS published concurrently with this that have yet to be discovered. proposed rule. Regulations That Would Apply to Both Prohibit Interference With an Investigation Prohibit the Introduction of Introduced Existing Sanctuary and Proposed Expansion NOAA proposes to add a new regulation to Species Area implement an existing statutory prohibition NOAA is proposing to extend to the Prohibition on Certain Discharges on interfering with, obstructing, delaying, or proposed expansion area for CBNMS a The discharge/deposit of graywater, as preventing an investigation, search or seizure provision that would prohibit introducing or defined by section 312 of the FWPCA, by in connection with an enforcement action otherwise releasing from within or into the vessels less than 300 GRT, or vessels 300 related to the National Marine Sanctuaries sanctuary an introduced species, except GRT or greater without sufficient holding Act (NMSA; 16 U.S.C. 1431 et seq.). striped bass (Morone saxatilis) released in the tank capacity to hold graywater while within Exemption for Authorized Activities sanctuary during catch and release fishing. the sanctuary would be excepted. This Current CBNMS permit regulations do not The rationale for this proposed regulation is exception is intended to allow small vessels allow the authorization of any prohibited the same as that for the proposed introduced producing a small amount of waste to activity other than through the issuance of a species regulation for GFNMS. continue operating within the sanctuary. national marine sanctuary permit. Exemption for Department of Defense This exception would not apply to cruise NOAA is proposing to add to CBNMS Activities ships, as defined above. This regulation does regulations the authority to authorize certain NOAA proposes to extend to the proposed not currently exist in CBNMS; its activities such as the discharge, construction, expansion area for CBNMS the existing promulgation would result in new sanctuary drilling, dredging or other disturbance on provision that would exempt the Department protection measure in both CBNMS as it submerged land outside of the line of Defense (DOD) from sanctuary regulations currently stands as well as in the proposed representing the 50-fathom isobath around for activities carried out before the effective expanded sanctuary. This new exemption Cordell Bank, taking and possessing a marine date of designation (for current CBNMS would allow some vessels to discharge clean mammal, sea turtle, or bird, and possessing boundary) or before the effective date of graywater within the sanctuary (which is historical resources, as long as those expansion (for proposed expanded area) that currently prohibited) as well as in the activities are permitted or licensed by are necessary for national defense. DOD proposed expansion area. However, larger another federal or State agency, and as long activities necessary for national defense vessels greater than 300 GRT that have as the applicant complies with any terms and initiated after the effective date of holding capacity would be prohibited from conditions deemed necessary to protect designation (for current CBNMS boundary) or discharging gray water anywhere in either sanctuary resources and qualities. In the case expansion date (for proposed expanded area) sanctuary. A description of the impacts of of authorization, the activity would have to could be exempted after consultation this regulation can be found in the discussion comply with such terms, but would not have between DOD and the Sanctuary of the proposed action in the DEIS published to fit within the categories of activities for Superintendent, with authority delegated concurrently with this proposed rule. which a sanctuary permit may be obtained. from the ONMS Director. DOD activities not This rule would extend to the proposed The activities would have to be authorized by necessary for national defense, such as expansion area for CBNMS a provision that the Sanctuary Superintendent, with authority routine exercises and vessel operations, also prohibits the discharge/deposit delegated from the ONMS Director, under 15 would be subject to all prohibitions that originating outside the boundary of CBNMS CFR 922.112(d) and 15 CFR 922.49. This apply to CBNMS. that subsequently would enter the sanctuary authorization provision is similar to that in and injure a sanctuary resource or quality. the existing regulations for MBNMS and five Exemption for Emergencies This existing regulation would be applied to other national marine sanctuaries. The NOAA proposes to apply to the proposed the expansion area, with the addition of the Sanctuary Superintendent may also deny an expansion area for CBNMS the existing exception for a vessel less than 300 GRT or authorization or condition an approval to exemption for activities necessary to respond a vessel 300 GRT or greater without sufficient protect sanctuary resources. to an emergency threatening life, property, or holding capacity to hold the graywater while The exemption for authorized activities in the environment. within the Sanctuary, as mentioned above. A this proposed rule would result in a new

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management authority in CBNMS as it recreation businesses and scenic and NOAA assessed three types of regulations currently stands as well as in the proposed sightseeing transportation businesses are included in the proposed action (discharges, expanded sanctuary. considered small businesses if they have submerged lands—seabed alterations, and annual receipts not in excess of $6 million introduced species), plus the impact of all IV. Classification (13 CFR 121.201). According to these limits, regulations combined. Oil and gas National Environmental Policy Act each of the businesses potentially affected by regulations addressed in the full regulatory the proposed rule, except those in the oil and impact review are not discussed here since NOAA has prepared a draft environmental gas and commercial marine transportation the oil and gas industry is judged not to impact statement to evaluate the businesses would most likely be small involve small businesses. environmental effects of the proposed businesses. rulemaking. Copies are available at the Proposed Action The analysis presented here is based on address and Web site listed in the ADDRESSES limited quantitative information on how Discharge Regulations. Under the proposed section of this proposed rule. Responses to much activity occurs within the boundaries rule, NOAA would require commercial comments received on this proposed rule of the proposed expansion areas for CBNMS fishing operations and businesses involved in will be published in the final environmental and GFNMS, except for commercial fishing providing guide services in the recreation- impact statement and preamble to the final operations. tourism industry (e.g. charter and party boat rule. In 2013, NOAA conducted a study on the fishing operations and whale-watching or Coastal Zone Management Act economic impact of California’s commercial other wildlife observation or guide fisheries in all four California national businesses) to hold and dispose of wastes Section 307 of the Coastal Zone prohibited by the regulations from discharge Management Act (CZMA; 16 U.S.C. 1456) marine sanctuaries, including the expansion area for the CBNMS and GFNMS. NOAA or deposit within the sanctuary until they are requires Federal agencies to consult with a obtained commercial fishing data from the outside sanctuary boundaries. NOAA expects state’s coastal program on potential Federal California Department of Fish and Wildlife negligible costs from these regulations for all regulations having an effect on state waters. (CDFW) for years 2000 to 2012. In 2012, there these operations. NOAA’s proposed NOAA will submit a copy of this proposed were a little over 200 fishing operations that exemption for graywater discharges for rule and supporting documents to the made some catch from the CBNMS–GFNMS vessels under 300 gross registered tons (GRT) California Coastal Commission for evaluation expansion area. These operations had harvest or over 300 GRT but without sufficient of Federal consistency under the CZMA. holding tank capacity, would lessen the revenue of $6.55 million (measured in 2013 impact of the regulation in the sanctuary, and Executive Order 12866: Regulatory Impact dollars using the Consumer Price Index, therefore would reduce the cost of which generated income (including Under Executive Order 12866, if the compliance. NOAA expects both the multiplier impacts) of $5.45 million and 246 proposed regulations are ‘‘significant,’’ as commercial fishing industry and the full and part-time jobs. defined in section 3(f) of the Order, an recreation-tourism industry to receive Methodology. Due to the lack of assessment of the potential costs and benefits moderate net benefits from these regulations quantitative data on the number of of the regulatory action must be prepared and in that habitat qualities would improve businesses directly affected by the proposed submitted to the Office of Management and generating increased fish stocks for Budget. This proposed rule has been regulations and their levels of revenues, costs commercial and recreational fishing and determined to be not significant within the and profits from their activities in the improvements in the qualities that the meaning of Executive Order 12866. CBNMS–GFNMS expansion area, the recreation-tourism industry depends upon assessment here is qualitative. resulting in increased business revenues and Executive Order 13132: Federalism Scales Used for Assessing Impacts. For profits. Thus, NOAA expects that the Assessment assessing levels of impacts within an commercial fishing and recreation-tourism NOAA has concluded that this regulatory alternative, NOAA used three levels plus ‘‘no industries would benefit from the discharge action does not have federalism implications impacts’’. The three levels are ‘‘negligible’’, regulations. NOAA expects the proposed sufficient to warrant preparation of a ‘‘moderate’’ and ‘‘high.’’ action to generate a mid-range level of costs federalism assessment under Executive Order For levels of impacts within a proposed and mid-range levels of costs with a mid- 13132. alternative, negligible means very low range level of net benefits compared with all benefits, costs, or net benefits (less than 1% other regulatory alternatives. Land use and Executive Order 13175: Tribal Consultation change). Moderate impacts would be more development businesses would not be and Collaboration than 1% and less than or equal to 10%), and directly affected by the discharge regulations. Representatives from the Manchester Band high impacts would be more than 10%. For Submerged lands—Seabed Alteration of Pomo Indians, Kashia Band of Pomo market economic values (revenue, costs, and Regulations. Regulations prohibiting Indians of Stewarts Point Rancheria, and profits), negligible would mean no likely disturbances of the seabed would impact the Federated Indians of Graton Rancheria were impact whereas moderate and high could commercial fishing industry, the recreation- invited in writing to consult with NOAA mean some measurable impact on market tourism industry, and land use and under Executive Order 13175. As of economic values at the levels noted above. development industry. NOAA expects all of publication date of this notice of proposed NOAA analyzed five regulatory alternatives these industries to receive moderate net rulemaking, NOAA has not received answers (Proposed Action, No Action, Existing benefits from these regulations because of the to the consultation letters. However, NOAA Regulations, Arena Cove Boundary, and improvement or maintenance of habitat will continue to seek their participation in Alternative Motorized Personal Watercraft qualities that these industries depend upon. the development of this rulemaking. (MPWC) Zones.) User groups that entail NOAA also expects businesses in these small businesses included commercial industries to experience negligible increases Regulatory Flexibility Act fishing operation, recreation-tourism related in costs of operations. The land use— The Chief Counsel for Regulation of the businesses, and land use and development development industry would be expected to Department of Commerce certified to the businesses. Other user groups included in the benefit through increased property values. Chief Counsel for Advocacy of the Small full regulatory impact review and not There are many examples in the economics Business Administration that this proposed included here are research and education, literature showing that property values are rule, if adopted, would not have a significant people who receive passive economic use enhanced when located near protected areas. economic impact on a substantial number of value from improvements in natural resource Because of the exemptions, permit, and small entities. The factual basis for this qualities/quantities, businesses in offshore authorization processes in the proposed certification is as follows: energy (oil and gas industry and alternative action, which may allow for some activities The Small Business Administration has energy such as wave and wind energy firms) that disturb the seabed, costs are less than the established thresholds on the designation of and those firms involved in marine alternative of extending existing regulations businesses as ‘‘small entities’’. A fish- transportation. Firms involved in offshore in the current sanctuaries to the proposed harvesting business is considered a small energy and marine transportation directly expansion area and would be expected to be business if has annual receipts not in excess affected by the proposed regulations were in the mid-range of costs across all of $3.5 million (13 CFR 121.201). Sports and judged not to be small businesses. alternatives.

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Introduced Species Regulations. Baiting number 0648–0141. An update to this control Sanctuary after the effective date of the and processing can be pathways for number for the processing of ONMS permits regulations in subpart P, provided that: introduction of invasive species. The would be requested as part of the final rule * * * * * proposed action could potentially require for sanctuary expansion. commercial and recreational fishing Send comments regarding the burden (b) Any potential applicant for an operations to alter their baiting methods to estimate for this data collection requirement, authorization described in paragraph (a) reduce the likelihood for the introduction of or any other aspect of this data collection, of this section may request the Director invasive species into the proposed sanctuary including suggestions for reducing the to issue a finding as to whether the expansion areas, but this is not likely because burden, to NOAA (see ADDRESSES) and by activity for which an application is no known non-native species are currently email to [email protected], or intended to be made is prohibited by being used as bait in these areas. No current fax to (202) 395–7285. Notwithstanding any subpart H, subparts K through P, or operations involving fish processing vessels other provision of law, no person is required subpart R, as appropriate. within the expansion area are known. NOAA to respond to, nor shall any person be subject (c) Notification of filings of expects the proposed action to limit to a penalty for failure to comply with a applications should be sent to the competition between introduced and native collection of information subject to the Director, Office of Ocean and Coastal species and provide ongoing stability to requirements of the Paperwork Reduction native populations of harvested species. Act, unless that collection of information Resource Management at the address Thus, NOAA expects these regulations to displays a currently valid OMB control specified in subpart H, subparts K result in moderate benefits and net benefits number. through P, or subpart R, as appropriate. to the commercial fishing industry, the A copy of the application must recreation-tourism industry and businesses V. Request for Comments accompany the notification. in the land use and development industry as NOAA requests comments on this * * * * * habitat qualities are maintained or improved, proposed rule by June 30, 2014. ■ 3. Revise part 922 Subpart H to read while resulting in negligible costs to as follows: businesses in the commercial and VI. References A complete list of all references cited recreational fishing industry. Again, the Subpart H—Gulf of the Farallones businesses in land use and development herein is available upon request (see would benefit through enhanced property ADDRESSES section). National Marine Sanctuary values. The proposed action is in the mid- § 922.80 Boundary. range of benefits, costs and net benefits for List of Subjects in 15 CFR Part 922 (a) Gulf of the Farallones National the commercial fishing and recreation- Administrative practice and tourism industry businesses across all Marine Sanctuary (Sanctuary) procedure, Coastal zone, Historic encompasses an area of approximately regulatory alternatives, while land use and preservation, Intergovernmental development would be expected to be in the 2,490 square nautical miles (3,297 relations, Marine resources, Natural mid-range of benefits and net benefits and no square miles) of coastal and ocean costs. resources, Penalties, Recreation and waters, and submerged lands All Regulations. NOAA expects the recreation areas, Reporting and thereunder, surrounding the Farallon combined effects of all of the regulations in recordkeeping requirements, Wildlife. Islands and Noonday Rock along the the proposed action to generate moderate Dated: April 4, 2014. northern coast of California. The precise benefits and net benefits to businesses in all Holly A. Bamford, boundary coordinates are listed in three industries, while imposing negligible costs. NOAA also expects the proposed Assistant Administrator, for Ocean Services Appendix A to this subpart. action to result in a mid-range of benefits and and Coastal Zone Management. (b) The western boundary of the net benefits to businesses in all three Accordingly, for the reasons Sanctuary extends south from Point 1 industries, while imposing next to the lowest discussed in the preamble, the National approximately 45 nautical miles (52 costs across all regulatory alternatives Oceanic and Atmospheric miles) to Point 2, which is the analyzed in the draft environmental impact Administration proposes to amend 15 northwestern corner of Cordell Bank statement. CFR part 922 as follows: National Marine Sanctuary (CBNMS). Because the impacts of this proposed rule The Sanctuary boundary then extends on commercial fishing, recreational tourism, PART 922—NATIONAL MARINE from Point 2 approximately 38 nautical and land use and development businesses are miles (43 miles) east along the northern minimal, the Chief Counsel for Regulation SANCTUARY PROGRAM certified to the Chief Counsel for Advocacy REGULATIONS boundary of CBNMS to Point 3, which at SBA that this rulemaking would not have is approximately 7 nautical miles (8 a significant economic impact on a ■ 1. The authority citation for part 922 miles) west of Bodega Head. From Point substantial number of small entities. continues to read as follows: 3 the Sanctuary boundary continues to south and west to Points 4 through Paperwork Reduction Act Authority: 16 U.S.C. 1431 et seq. ■ Point 19 (in numerical sequence) and is ONMS has a valid Office of Management 2. Amend § 922.49 by revising paragraphs (a),(b), and(c) to read as coterminous with the eastern boundary and Budget (OMB) control number (0648– of CBNMS. From Point 19 the Sanctuary 0141) for the collection of public information follows: related to the processing of ONMS permits boundary continues south and east to across the National Marine Sanctuary § 922.49 Notification and review of Points 20 through 25 (in numerical System. NOAA’s proposal to expand GFNMS applications for leases, licenses, permits, sequence) until it intersects the and CBNMS would likely result in an approvals, or other authorizations to boundary for Monterey Bay National increase in the number of requests for ONMS conduct a prohibited activity. Marine Sanctuary (MBNMS) at Point 26. general permits, special use permits, and (a) A person may conduct an activity From Point 26 the Sanctuary boundary authorizations due to the increase in the prohibited by subpart H, subparts K extends eastward and northward, spatial extent of the applicable regulations through P, or subpart R, if such activity coterminous with MBNMS, to Points 27 for these sanctuaries and the addition of the is specifically authorized by any valid through 33 (in numerical sequence). authority to authorize other valid federal, state, or local leases, permits, licenses, Federal, State, or local lease, permit, From Point 33 the boundary proceeds approvals, or other authorizations. An license, approval, or other authorization along a straight line arc towards Point increase in the number of ONMS permit issued after the effective date of 34 until it intersects the Mean High requests would require a change to the Sanctuary designation, or in the case of Water Line at Rocky Point, California. reporting burden certified for OMB control the Florida Keys National Marine From this intersection the Sanctuary

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boundary follows the Mean High Water River. From this intersection the presenting to the Director a preliminary Line northward until it intersects the boundary follows the Mean High Water salvage plan within 24 hours of such boundary for Point Reyes National Line to Arena Cove in Mendocino notification, after expressing or Seashore approximately 0.7 nautical County. At Arena Cove the boundary otherwise manifesting intention not to miles (0.8 miles) south and east of continues along the Mean High Water undertake or to cease salvage efforts, or Bolinas Point in Marin County, Line of the southern shore of Arena when the owner/operator cannot after California. The Sanctuary boundary Cove until it intersects a straight line arc reasonable efforts by the Director be then approximates the boundary for connecting Point 41 and Point 42. At reached within 12 hours of the vessel’s Point Reyes National Seashore, as that intersection the boundary extends condition being reported to authorities; established at the time of designation of across the cove towards Point 42 until or leaving a vessel at anchor when its the Sanctuary, to the intersection of the it intersects the Mean High Water Line condition creates potential for a Point Reyes National Seashore boundary of the northern shore of Arena Cove. grounding, discharge, or deposit and the and the Mean High Water Line From this intersection the boundary owner/operator fails to secure the vessel approximately 0.13 nautical miles (0.15 follows the Mean High Water Line north in a timely manner. miles) south and east of Duck Cove in to the Garcia River. At the Garcia River Harmful matter means any substance, Tomales Bay. The Sanctuary boundary the boundary continues along the Mean or combination of substances, that then follows the Mean High Water Line High Water Line of the southern shore because of its quantity, concentration, or along Tomales Bay and Giacomini of the Garcia River until it intersects a physical, chemical, or infectious Wetland and up Lagunitas Creek to the straight line arc connecting Point 43 and characteristics may pose a present or U.S. Highway 1 Bridge. Here the Point 44. At that intersection the potential threat to Sanctuary resources or qualities, including but not limited Sanctuary boundary crosses Lagunitas boundary extends across the river to: Fishing nets, fishing line, hooks, Creek and follows the Mean High Water towards Point 44 until it intersects the fuel, oil, and those contaminants Line north to the Estero de San Antonio Mean High Water Line of the northern (regardless of quantity) listed pursuant and up the Estero to the tide gate at shore of the Garcia River. The Sanctuary to 42 U.S.C. 101(14) of the Valley Ford-Franklin School Road. Here boundary then continues to follow the Comprehensive Environmental the Sanctuary boundary crosses the Mean High Water Line until it intersects Response, Compensation and Liability Estero de San Antonio and proceeds the rhumb line connecting Point 45 at Manchester Beach in Mendocino Act at 40 CFR 302.4. west and north following the Mean High Introduced species means any species Water Line to the Estero Americano and County, California and Point 46. From this intersection the Sanctuary (including, but not limited to, any of its up the Estero to the bridge at Valley biological matter capable of Ford-Estero Road. Here the Sanctuary boundary continues west along its northernmost extent to Point 46. The propagation) that is non-native to the boundary crosses the Estero Americano ecosystems of the Sanctuary; or any and proceeds west and north following Sanctuary includes Bolinas Lagoon, Estero de San Antonio (to the tide gate organism into which altered genetic the Mean High Water Line to the matter, or genetic matter from another Salmon Creek Estuary. At the Salmon at Valley Ford-Franklin School Road) and Estero Americano (to the bridge at species, has been transferred in order Creek Estuary the boundary continues that the host organism acquires the along the Mean High Water Line of the Valley Ford-Estero Road), as well as Bodega Bay, but does not include genetic traits of the transferred genes. southern shore of the Salmon Creek Motorized personal watercraft means Estuary until it intersects a straight line Bodega Harbor, the Salmon Creek Estuary, the Russian River Estuary, the any vessel, propelled by machinery, that arc connecting Point 35 and Point 36. At is designed to be operated by standing, that intersection the boundary extends Gualala River Estuary, the portion of Arena Cove from the end of the pier sitting, or kneeling on, astride, or across the estuary towards Point 36 behind the vessel, in contrast to the until it intersects the Mean High Water eastward, or the Garcia River Estuary. Unless otherwise specified, where the conventional manner, where the Line of the northern shore of the Salmon operator stands or sits inside the vessel; Creek Estuary. From this intersection Sanctuary boundary crosses a waterway, the Sanctuary excludes this waterway. any vessel less than 20 feet in length the boundary follows the Mean High overall as manufactured and propelled Water Line to the Russian River. At the § 922.81 Definitions. by machinery and that has been Russian River the boundary continues In addition to those definitions found exempted from compliance with the along the Mean High Water Line of the at § 922.3, the following definitions U.S. Coast Guard’s Maximum Capacities southern shore of the Russian River apply to this subpart: Marking for Load Capacity regulation until it intersects a straight line arc Attract or attracting means the found at 33 CFR Parts 181 and 183, connecting Point 37 and Point 38. At conduct of any activity that lures or may except submarines; or any other vessel that intersection the boundary extends lure any animal in the Sanctuary by that is less than 20 feet in length overall across the river towards Point 38 until using food, bait, chum, dyes, decoys as manufactured, and is propelled by a it intersects the Mean High Water Line (e.g., surfboards or body boards used as water jet pump or drive. of the northern shore of the Russian decoys), acoustics or any other means, Routine maintenance means River. From this intersection the except the mere presence of human customary and standard procedures for boundary follows the Mean High Water beings (e.g., swimmers, divers, boaters, maintaining docks or piers. Line to the Gualala River. At the Gualala kayakers, surfers). Seagrass means any species of marine River the boundary continues along the Clean means not containing angiosperms (flowering plants) that Mean High Water Line of the southern detectable levels of harmful matter. inhabit portions of the submerged lands shore of the Gualala River until it Cruise ship means a vessel with 250 in the Sanctuary. Those species include, intersects a straight line arc between or more passenger berths for hire. but are not limited to: Zostera asiatica Point 39 and Point 40. At that Deserting means leaving a vessel and Zostera marina. intersection the boundary extends aground or adrift without notification to Special Wildlife Protection Zones are across the river towards Point 40 until the Director of the vessel going aground areas of high biological diversity and/or it intersects the Mean High Water Line or becoming adrift within 12 hours of its abundance of species that are of the northern shore of the Gualala discovery and developing and susceptible to disturbance, including

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federally listed and specially protected water, vessel engine or generator remove or injure, a Sanctuary historical species. In particular these areas are exhaust, clean bilge water, or anchor resource. white shark, seabird and marine wash. (10) Introducing or otherwise mammal (pinniped) ‘‘hotspots’’. White (4) Discharging or depositing, from releasing from within or into the shark ‘‘hotspots’’ are where there are beyond the boundary of the Sanctuary, Sanctuary an introduced species, globally significant concentrations of any material or other matter that except: white sharks. Seabird ‘‘hotspots’’ are subsequently enters the Sanctuary and (i) Striped bass (Morone saxatilis) areas with important populations, injures a Sanctuary resource or quality, released during catch and release species diversity, and which support except for the exclusions listed in fishing activity; or high concentration of nesting and paragraphs (a)(2)(i) through (v) and (ii) Species cultivated by mariculture roosting birds. Pinniped ‘‘hotpots’’ (a)(3) of this section. activities in Tomales Bay pursuant to a provided vital habitat for pupping seals (5) Constructing any structure other valid lease, permit, license or other and sea lions. Special Wildlife than a navigation aid on or in the authorization issued by the State of Protection Zones are established where submerged lands of the Sanctuary; California and in effect on the effective ‘‘hotspots’’ are susceptible to placing or abandoning any structure on date of the final regulation. disturbance and their coordinates are or in the submerged lands of the (11) Disturbing marine mammals or found in Appendix D of this Subpart. Sanctuary; or drilling into, dredging, or seabirds by flying motorized aircraft at otherwise altering the submerged lands less than 1,000 feet over the waters § 922.82 Prohibited or otherwise regulated of the Sanctuary in any way, except: activities. within the seven designated Special (i) By anchoring vessels (in a manner Wildlife Protection Zones described in (a) The following activities are not otherwise prohibited by this part Appendix D to this subpart, except prohibited and thus are unlawful for (see § 922.82(a)(16)); transiting Zone 6 to transport authorized any person to conduct or to cause to be (ii) While conducting lawful fishing persons or supplies to or from Southeast conducted within the Sanctuary: activities; Farallon Island or for enforcement (1) Exploring for, developing, or (iii) Routine maintenance and purposes. Failure to maintain a producing oil, gas or minerals. minimum altitude of 1,000 feet above (2) Discharging or depositing from construction of docks and piers on ground level over such waters is within or into the Sanctuary, other than Tomales Bay; or presumed to disturb marine mammals from a cruise ship, any material or other (iv) Mariculture activities conducted or seabirds. matter except: pursuant to a valid lease, permit, license (i) Fish, fish parts, chumming or other authorization issued by the (12) Operating any vessel engaged in materials or bait used in or resulting State of California. the trade of carrying cargo within an from lawful fishing activities within the (6) Operating motorized personal area extending 1 nautical mile from a Sanctuary, provided that such discharge watercraft (MPWC), except for: designated Special Wildlife Protection or deposit is during the conduct of (i) Emergency search and rescue Zone described in Appendix D to this lawful fishing activity within the missions or law enforcement operations subpart. This includes but is not limited Sanctuary; (other than routine training activities) to tankers and other bulk carriers and (ii) For a vessel less than 300 gross carried out by the National Park Service, barges, or any vessel engaged in the registered tons (GRT), or a vessel 300 U.S. Coast Guard, Fire or Police trade of servicing offshore installations, GRT or greater without sufficient Departments or other Federal, State or except to transport persons or supplies holding tank capacity to hold sewage local jurisdictions; or to or from the Islands or mainland areas while within the Sanctuary, clean (ii) An MPWC equipped with an adjacent to Sanctuary waters. In no effluent generated incidental to vessel operable Global Positional System (GPS) event shall this section be construed to use by an operable Type I or II marine unit in working condition within the limit access for fishing, recreational or sanitation device (U.S. Coast Guard four designated zones within the research vessels. classification) that is approved in Sanctuary described in Appendix C to (13) Attracting a white shark accordance with section 312 of the this subpart. anywhere in the Sanctuary; or Federal Water Pollution Control Act, as (7) Taking any marine mammal, sea approaching within 50 meters of any amended (FWPCA), 33 U.S.C. 1322. turtle, or bird within or above the white shark within the line Vessel operators must lock all marine Sanctuary, except as authorized by the approximating 1 nautical mile around sanitation devices in a manner that Marine Mammal Protection Act, as Special Wildlife Protection Zone 6 and prevents discharge or deposit of amended, (MMPA), 16 U.S.C. 1361 et 7 described in Appendix D. untreated sewage; seq., Endangered Species Act (ESA), as (14) Deserting a vessel aground, at (iii) Clean vessel deck wash down, amended, 16 U.S.C. 1531 et seq., anchor, or adrift in the Sanctuary. clean vessel engine cooling water, clean Migratory Bird Treaty Act, as amended, (15) Leaving harmful matter aboard a vessel generator cooling water, clean (MBTA), 16 U.S.C. 703 et seq., or any grounded or deserted vessel in the bilge water, or anchor wash; regulation, as amended, promulgated Sanctuary. (iv) For a vessel less than 300 GRT or under the MMPA, ESA, or MBTA. (16) Anchoring a vessel in a a vessel 300 GRT or greater without (8) Possessing within the Sanctuary designated seagrass protection zone in sufficient holding capacity to hold the (regardless of where taken, moved or Tomales Bay, except as necessary for graywater while within the Sanctuary, removed from), any marine mammal, mariculture operations conducted clean graywater as defined by section sea turtle, or bird taken, except as pursuant to a valid lease, permit or 312 of the FWPCA; or authorized by the MMPA, ESA, MBTA, license. The coordinates for the no- (v) Vessel engine or generator exhaust. by any regulation, as amended, anchoring seagrass protection zones are (3) Discharging or depositing from promulgated under the MMPA, ESA, or listed in Appendix B to this subpart. within or into the Sanctuary any MBTA, or as necessary for valid law (17) Interfering with, obstructing, material or other matter from a cruise enforcement purposes. delaying, or preventing an investigation, ship except clean vessel engine cooling (9) Possessing, moving, removing, or search, seizure, or disposition of seized water, clean vessel generator cooling injuring, or attempting to possess, move, property in connection with

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enforcement of the Act or any regulation (1) Further research or monitoring § 922.84 Certification of other permits. or permit issued under the Act. related to Sanctuary resources and A permit, license, or other (b) All activities currently carried out qualities; authorization allowing activities by the Department of Defense within the (2) Further the educational value of prohibited by sanctuary regulations, Sanctuary are essential for the national the Sanctuary; occurring prior to the effective date of defense and, therefore, not subject to the (3) Further salvage or recovery sanctuary expansion and within the prohibitions in this section. The operations; or sanctuary expansion area, must be exemption of additional activities shall (4) Assist in managing the Sanctuary. certified by the Director as consistent be determined in consultation between (c) In deciding whether to issue a with the purpose of the Sanctuary and the Director and the Department of permit, the Director shall consider having no significant effect on Defense. factors such as: Sanctuary resources. Such certification (c) The prohibitions in paragraph (a) (1) The applicant is qualified to may impose terms and conditions as of this section do not apply to activities conduct and complete the proposed deemed appropriate to ensure necessary to respond to an emergency activity; consistency. In considering whether to threatening life, property, or the (2) The applicant has adequate make the certifications called for in this environment. financial resources available to conduct section, the Director may seek and (d) The prohibitions in paragraphs and complete the proposed activity; consider the views of any other person (a)(2) through (9) and (a)(11) through (3) The methods and procedures or entity, within or outside the Federal (16) of this section do not apply to any proposed by the applicant are government, and may hold a public activity executed in accordance with the appropriate to achieve the goals of the hearing as deemed appropriate. Any scope, purpose, terms, and conditions of proposed activity, especially in relation request for certification called for in this a National Marine Sanctuary permit to the potential effects of the proposed section must be received by the Director issued pursuant to 15 CFR 922.48 and activity on Sanctuary resources and within 60 days of the effective date of 922.83 or a Special Use permit issued qualities; sanctuary expansion. The Director may (4) The proposed activity will be pursuant to section 310 of the Act. amend, suspend, or revoke any conducted in a manner compatible with (e) The prohibitions in paragraphs certification made under this section the primary objective of protection of (a)(2) through (9) and (10), for the whenever continued operation would Sanctuary resources and qualities, introduction of a introduced species violate any terms or conditions of the considering the extent to which the from shellfish mariculture in state certification. Any such action shall be conduct of the activity may diminish or waters determined to be non-invasive, forwarded in writing to both the holder enhance Sanctuary resources and of this section do not apply to any of the certified permit, license, or other qualities, any potential indirect, activity authorized by any lease, permit, authorization and the issuing agency secondary or cumulative effects of the license, approval, or other authorization and shall set forth reason(s) for the activity, and the duration of such issued after the effective date of action taken. Sanctuary designation or expansion and effects; issued by any Federal, State, or local (5) The proposed activity will be Appendix A to Subpart H of Part 922— authority of competent jurisdiction, conducted in a manner compatible with Gulf of the Farallones National Marine provided that the applicant complies the value of the Sanctuary, considering Sanctuary Boundary Coordinates with 15 CFR 922.49, the Director the extent to which the conduct of the Coordinates listed in this Appendix are notifies the applicant and authorizing activity may result in conflicts between unprojected (Geographic) and based on the agency that he or she does not object to different users of the Sanctuary, and the North American Datum of 1983. issuance of the authorization, and the duration of such effects; applicant complies with any terms and (6) It is necessary to conduct the Point ID Latitude Longitude conditions the Director deems necessary proposed activity within the Sanctuary; No. to protect Sanctuary resources and (7) The reasonably expected end value ¥ of the proposed activity to the 1 ...... 39.00000 124.33350 qualities. Amendments, renewals, and 2 ...... 38.29989 ¥123.99988 extensions of authorizations in furtherance of Sanctuary goals and 3 ...... 38.29989 ¥123.20005 existence on the effective date of purposes outweighs any potential 4 ...... 38.26390 ¥123.18138 designation or expansion constitute adverse effects on Sanctuary resources 5 ...... 38.21001 ¥123.11913 authorizations issued after the effective and qualities from the conduct of the 6 ...... 38.16576 ¥123.09207 activity; and 7 ...... 38.14072 ¥123.08237 date of Sanctuary designation or ¥ expansion. (8) Any other factors as the Director 8 ...... 38.12829 123.08742 deems appropriate. 9 ...... 38.10215 ¥123.09804 § 922.83 Permit procedures and issuance 10 ...... 38.09069 ¥123.10387 (d) Applications. (1) Applications for ¥ criteria. permits should be addressed to the 11 ...... 38.07898 123.10924 12 ...... 38.06505 ¥123.11711 (a) A person may conduct an activity Director, Office of National Marine 13 ...... 38.05202 ¥123.12827 prohibited by § 922.82(a)(2) through (9) Sanctuaries; ATTN: Superintendent, 14 ...... 37.99227 ¥123.14137 and (a)(11) through (16) if such activity Gulf of the Farallones National Marine 15 ...... 37.98947 ¥123.23615 is specifically authorized by, and Sanctuary, 991 Marine Dr., The 16 ...... 37.95880 ¥123.32312 conducted in accordance with the Presidio, San Francisco, CA 94129. 17 ...... 37.90464 ¥123.38958 scope, purpose, terms and conditions of, (2) In addition to the information 18 ...... 37.83480 ¥123.42579 a permit issued under § 922.48 and this listed in § 922.48(b), all applications 19 ...... 37.76687 ¥123.42694 20 ...... 37.75932 ¥123.42686 section. must include information to be ¥ (b) The Director, at his or her considered by the Director in paragraph 21 ...... 37.68892 123.39274 22 ...... 37.63356 ¥123.32819 discretion, may issue a National Marine (b) and (c) of this section. 23 ...... 37.60123 ¥123.24292 Sanctuary permit under this section, (e) The permittee must agree to hold 24 ...... 37.59165 ¥123.22641 subject to terms and conditions as he or the United States harmless against any 25 ...... 37.56305 ¥123.19859 she deems appropriate, if the Director claims arising out of the conduct of the 26 ...... 37.52001 ¥123.12879 finds that the activity will: permitted activities. 27 ...... 37.50819 ¥123.09617

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Point ID Zone 2 Latitude Longitude Zone 4 No. Latitude Longitude Point ID Point ID Latitude Longitude

28 ...... 37.49418 ¥123.00770 1 ...... 38.13326 ¥122.87178 8 ...... 38.16227 ¥122.89650 29 ...... 37.50948 ¥122.90614 2 ...... 38.12724 ¥122.86488 9 ...... 38.16266 ¥122.89620 30 ...... 37.52988 ¥122.85988 3 ...... 38.12563 ¥122.86480 10 ...... 38.20080 ¥122.92174 31 ...... 37.57147 ¥122.80399 4 ...... 38.11899 ¥122.86731 11 ...... 38.20004 ¥122.92315 32 ...... 37.61622 ¥122.76937 5 ...... 38.11386 ¥122.85851 33 ...... 37.66641 ¥122.75105 6 ...... 38.11608 ¥122.85813 ZONE 5: Zone 5 is an area of ¥ 34 ...... 37.88225 ¥122.62753 7 ...... 38.14078 122.87433 approximately 1.3 square nautical miles (1.6 35 ...... 38.35055 ¥123.06659 8 ...... 38.13326 122.87178 square miles) that begins east of Lawsons 36 ...... 38.35559 ¥123.06663 Landing and extends approximately 2.7 37 ...... 38.44575 ¥123.12602 ZONE 3: Zone 3 is an area of nautical miles (3.1 miles) east and south 38 ...... 38.45531 ¥123.13469 approximately .01 square nautical miles (.02 along the eastern shore of Tomales Bay but 39 ...... 38.76231 ¥123.52957 square miles) that begins just south of excludes areas adjacent (approximately .32 40 ...... 38.76899 ¥123.53398 Marshall and extends approximately .5 nautical miles or .37 miles) to the mouth of nautical miles (.6 miles) south along the Walker Creek. The eastern boundary is a 41 ...... 38.91172 ¥123.71152 eastern shore of Tomales Bay. The western series of straight line arcs that connect point 42 ...... 38.91632 ¥123.71152 boundary is a straight line arc that connects 1 to point 3 listed in the coordinate table 43 ...... 38.95404 ¥123.73405 point 1 to point 2 listed in the coordinate below. From point 3 the southern boundary 44 ...... 38.96149 ¥123.71914 ¥ table below. The southern boundary is a trends eastward along the straight line arc 45 ...... 39.00000 123.69710 straight line arc that extends from point 2 ¥ that connects point 3 to point 4 until it 46 ...... 39.00000 124.33350 towards point 3 until it intersects the Mean intersects the Mean High Water Line. From High Water Line. From this intersection the this intersection the boundary follows the Appendix B to Subpart H of Part 922— eastern boundary follows the Mean High Mean High Water Line northward until it No-Anchoring Seagrass Protection Water Line northward until it intersects the intersects the straight line arc that connects Zones in Tomales Bay straight line arc that connects point 4 to point point 5 to point 6. From this intersection the 5. From this intersection the northern boundary extends westward along the Coordinates listed in this appendix are boundary extends westward along the straight line arc that connects point 5 to point unprojected (Geographic) and based on the straight line arc that connects point 4 to point 6. From point 6 the boundary follows the North American Datum of 1983. 5. All coordinates are in the Geographic straight lines arc that connects point 6 to ZONE 1: Zone 1 is an area of Coordinate System relative to the North point 7, and then extends along the straight approximately .11 square nautical miles (.15 American Datum of 1983. line arc that connects point 7 to point 8 until square miles) offshore south of Millerton it again intersects the Mean High Water Line. From this intersection the boundary follows Point. The eastern boundary is a straight line Zone 3 Latitude Longitude arc that connects points 1 and 2 listed in the Point ID the Mean High Water Line until it intersects coordinate table below. The southern the straight line arc that connects point 9 to boundary is a straight line arc that connects 1 ...... 38.15956 ¥122.89573 point 10. From this intersection the boundary ¥ points 2 and 3, the western boundary is a 2 ...... 38.15250 122.89042 extends to point 10 along the straight line arc ¥ straight line arc that connects points 3 and 3 ...... 38.15292 122.88984 that connects point 9 to point 10. All ¥ 4 and the northern boundary is a straight line 4 ...... 38.16038 122.89566 coordinates are in the Geographic Coordinate ¥ arc that connects point 4 to point 5. All 5 ...... 38.15956 122.89573 System relative to the North American Datum coordinates are in the Geographic Coordinate of 1983. System relative to the North American Datum ZONE 4: Zone 4 is an area of approximately .18 square nautical miles (.21 of 1983. Zone 5 Latitude Longitude square miles) that begins just north of Nicks Point ID Cove and extends approximately 2.7 nautical Zone 1 1 ...... 38.21825 ¥122.96041 Point ID Latitude Longitude miles (3.1 miles) south along the eastern shore of Tomales Bay to just south of Cypress 2 ...... 38.20666 ¥122.94397 3 ...... 38.19431 ¥122.93431 1 ...... 38.10571 ¥122.84565 Grove. The western boundary is a series of 4 ...... 38.20080 ¥122.92174 2 ...... 38.09888 ¥122.83603 straight line arcs that connect point 1 to point 5 ...... 38.20522 ¥122.92446 3 ...... 38.09878 ¥122.84431 8 listed in the coordinate table below. The 6 ...... 38.20366 ¥122.93246 4 ...... 38.10514 ¥122.84904 southern boundary is a straight line arc that 7 ...... 38.20938 ¥122.94153 5 ...... 38.10571 ¥122.84565 extends from point 8 towards point 9 until it intersects the Mean High Water Line. From 8 ...... 38.21106 ¥122.93742 this intersection the eastern boundary 9 ...... 38.23129 ¥122.96293 ZONE 2: Zone 2 is an area of follows the Mean High Water Line north 10 ...... 38.21825 ¥122.96041 approximately .15 square nautical miles (.19 until it intersects the straight line arc that square miles) that begins just south of connects point-10 to point 11. From this ZONE 6: Zone 6 is an area of Marconi and extends approximately 1.6 intersection the northern boundary extends approximately .01 square nautical miles (.02 nautical miles (1.9 miles) south along the westward along the straight line arc that square miles) in the vicinity of Indian Beach eastern shore of Tomales Bay. The western connects point 10 to point 11. All along the western shore of Tomales Bay. The boundary is a series of straight line arcs that coordinates are in the Geographic Coordinate eastern boundary is a straight line arc that connect point 1 to point 5 listed in the System relative to the North American Datum connects point 1 to point 2 listed in the coordinate table below. The southern of 1983. coordinate table below. The southern boundary is a straight line arc that extends boundary extends westward along the from point 5 towards point 6 until it straight line arc that connects point 2 to point Zone 4 Latitude Longitude intersects the Mean High Water Line. From Point ID 3 until it intersects the Mean High Water this intersection the eastern boundary Line. From this intersection the eastern follows the Mean High Water Line north 1 ...... 38.20004 ¥122.92315 boundary follows the Mean High Water Line until it intersects the straight line arc that 2 ...... 38.18881 ¥122.91740 northward until it intersects the straight line connects point 7 to point 8. From this 3 ...... 38.18651 ¥122.91404 arc that connects point 3 to point 4. From intersection the northern boundary extends 4 ...... 38.17919 ¥122.91021 this intersection the northern boundary to point 8. All coordinates are in the 5 ...... 38.17450 ¥122.90545 extends eastward along the straight line arc Geographic Coordinate System relative to the 6 ...... 38.16869 ¥122.90475 that connects point 4 to point 5. All North American Datum of 1983. 7 ...... 38.16535 ¥122.90308 coordinates are in the Geographic Coordinate

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System relative to the North American Datum intersects the rhumb line that connects Point approximately 2.9 square nautical miles (3.8 of 1983. 6 and Point 7. From this intersection, the square miles). The precise boundary boundary extends due west to Point 7. From coordinates are listed in the table following Point 7 the boundary extends due north this description. The western boundary of Zone 6 Latitude Longitude Point ID along the meridian that connects Point 7 and MPWCZ 3 extends due south along a Point 8 until it intersects the Mean High meridian from Point 1, west of Timber Cove 1 ...... 38.14103 ¥122.89537 Water Line on the north side of Point Arena. in Sonoma County, to Point 2, which is west 2 ...... 38.13919 ¥122.89391 From this intersection the boundary again of Fort Ross Reef. The boundary then turns 3 ...... 38.13804 ¥122.89610 follows the Mean High Water Line until it east and follows a rhumb line from Point 2 4 ...... 38.14033 ¥122.89683 intersects the rhumb line connecting Point 9 to Point 3. From Point 3 the boundary turns 5 ...... 38.14103 ¥122.89537 and Point 10. The boundary then turns due north and follows the meridian from seaward and extends due west to Point 10. Point 3 towards Point 4 until it intersects the Zone 7: Zone 7 is an area of approximately Zone 1 is bounded by: Mean High Water Line at the south end of .09 square nautical miles (.12 square miles) Timber Cove. From the south end of Timber that begins just south of Pebble Beach and Zone 1 Cove the boundary follows the Mean High extends approximately 1.6 nautical miles (1.9 Point ID Latitude Longitude Water Line until it intersects the rhumb line miles) south along the western shore of No. that connects Point 5 and Point 6. From this Tomales Bay. The eastern boundary is a intersection the boundary extends due west series of straight line arcs that connect point 1 ...... 39.00000 ¥123.75000 to Point 6. 1 to point 5 listed in the coordinate table 2 ...... 38.91024 ¥123.75000 Zone 3 is bounded by: below. The southern boundary extends along 3 ...... 38.91024 ¥123.71146 the straight line arc that connects point 5 to 4 ...... 38.91172 ¥123.71152 Zone 3 point 6 until it intersect the Mean High Water 5 ...... 38.91632 ¥123.71152 Point ID Latitude Longitude Line. From this intersection the western 6 ...... 38.91790 ¥123.72626 No. boundary extends north along the Mean High 7 ...... 38.91790 ¥123.74166 1 ...... 38.53150 ¥123.30000 Water Line until it intersects the straight line 8 ...... 38.95554 ¥123.74166 2 ...... 38.50000 ¥123.30000 arc that connects point 7 to point 8. From 9 ...... 39.00000 ¥123.69450 3 ...... 38.50000 ¥123.26896 this intersection the northern boundary 10 ...... 39.00000 ¥123.75000 4 ...... 38.52519 ¥123.26896 extends eastward along the straight line arc ¥ that connects point 7 to point 8. All 5 ...... 38.53150 123.27853 (2) Motorized Personal Watercraft Zone 2 6 ...... 38.53150 ¥123.30000 coordinates are in the Geographic Coordinate (MPWCZ 2) encompasses an area of System relative to the North American Datum approximately 19.8 square nautical miles (4) Motorized Personal Watercraft Zone 4 of 1983. (26.2 square miles). The precise boundary (MPWCZ 4) encompasses an area of coordinates are listed in the table following approximately 4.6 square nautical miles (6.1 Zone 7 this description. The southern boundary of Latitude Longitude square miles). The precise boundary Point ID MPWCZ 2 extends due east along a rhumb coordinates are listed in the table following line that connects Point 1, south of Arena ¥ this description. The western boundary of 1 ...... 38.13067 122.88620 Cove, to Point 2, just offshore of Haven’s ¥ MPWCZ 4 extends due south from Point 1, 2 ...... 38.12362 122.87984 Neck in Mendocino County. From Point 2 the ¥ off Coleman Beach in Sonoma County, to 3 ...... 38.11916 122.87491 boundary trends north and west, generally ¥ Point 2, which is east of Bodega Head. From 4 ...... 38.11486 122.86896 parallel to the shoreline, and extends, in ¥ Point 2 the boundary extends due east along 5 ...... 38.11096 122.86468 sequence, to Point 3 off Iversen Point, then ¥ a rhumb line to Point 3. The boundary 6 ...... 38.11027 122.86551 to Point 4 off Saunders Landing, and then to ¥ continues from Point 3 though Point 10 7 ...... 38.13001 122.88749 Point 5 off Moat. From Point 5 the boundary 8 ...... 38.13067 ¥122.88620 inclusive, in numerical sequence, to form an follows the straight line arc that connects access route that connects to the entrance to Point 5 and Point 6 until it intersects the Bodega Harbor. From Point 10 the boundary Appendix C to Subpart H of Part 922— Mean High Water Line at the south end of extends due north along the meridian that Motorized Personal Watercraft Zones Arena Cove. From this intersection, the connects Point 10 and Point 11. At Point 11 and Access Routes Within the boundary follows the Mean High Water Line the boundary turns west and follows a rhumb Sanctuary until it intersects the straight line arc that line to Point 12. At Point 12 the boundary connects Point 7 and Point 8. The boundary turns due north and follows the meridian Coordinates listed in this appendix are extends across Arena Cove towards Point 8 from Point 12 to Point 13. From Point 13 the unprojected (Geographic) and based on the until it intersects the Mean High Water Line boundary extends due east along a rhumb North American Datum of 1983. on the north side of Arena Cove. The line that connects Point 13 and Point 14, The four zones and access routes are: boundary then follows the Mean High Water until it intersects the Mean High Water Line (1) Motorized Personal Watercraft Zone 1 Line until it intersects the meridian that at South Salmon Creek Beach. At this (MPWCZ 1) encompasses an area of connects Point 9 and Point 10. The boundary intersection the boundary turns northward approximately 6.4 square nautical miles (8.5 then extends due south to Point 10. and follows the Mean High Water Line until square miles). The precise boundary Zone 2 is bounded by: it intersects the rhumb line that connects coordinates are listed in the table following Point 15 and Point 16. From this intersection this description. The western boundary of Zone 2 the boundary extends due west to Point 16. MPWCZ 1 extends due south along a Point ID Latitude Longitude Zone 4 is bounded by: meridian from Point 1, west of Manchester No. Beach in Mendocino County, to Point 2, ¥ Zone 4 which is west of Arena Cove. The boundary 1 ...... 38.80856 123.72378 Point ID Latitude Longitude then follows a rhumb line east from Point 2 2 ...... 38.80856 ¥123.60351 No. towards Point 3 until it intersects the Mean 3 ...... 38.84514 ¥123.64738 High Water Line at the south end of Arena 4 ...... 38.85202 ¥123.65113 1 ...... 38.36615 ¥123.10000 Cove. From this intersection, the boundary 5 ...... 38.88255 ¥123.68162 2 ...... 38.29800 ¥123.10000 follows the Mean High Water Line until it 6 ...... 38.91033 ¥123.71114 3 ...... 38.29800 ¥123.07374 intersects the straight line arc that connects 7 ...... 38.91172 ¥123.71152 4 ...... 38.27972 ¥123.07374 Point 4 and Point 5. The boundary extends 8 ...... 38.91632 ¥123.71152 5 ...... 38.28542 ¥123.03204 across Arena Cove along this arc until it 9 ...... 38.91790 ¥123.72626 6 ...... 38.30574 ¥123.04784 intersects the Mean High Water Line on the 7 ...... 38.30574 ¥123.04987 north side of Arena Cove. The boundary then (3) Motorized Personal Watercraft Zone 3 8 ...... 38.28619 ¥123.03437 follows the Mean High Water Line until it (MPWCZ 3) encompasses an area of 9 ...... 38.28142 ¥123.07182

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Zone 4 Zone 2 Zone 4 Point ID Latitude Longitude Point ID Latitude Longitude Point ID Latitude Longitude No. No. No.

10 ...... 38.29800 ¥123.07182 2 ...... 38.45095 ¥123.18564 1 ...... 38.01475 ¥123.05013 11 ...... 38.31278 ¥123.07182 3 ...... 38.39311 ¥123.12068 2 ...... 37.97536 ¥123.05482 12 ...... 38.31278 ¥123.07824 4 ...... 38.39311 ¥123.09527 3 ...... 37.96521 ¥122.93771 13 ...... 38.33200 ¥123.07824 5 ...... 38.52487 ¥123.26804 4 ...... 38.00555 ¥122.93504 14 ...... 38.33200 ¥123.06928 6 ...... 38.49854 ¥123.26804 5 ...... 38.01475 ¥123.05013 15 ...... 38.36615 ¥123.07186 ¥ 16 ...... 38.36615 123.10000 (3) Special Wildlife Protection Zone 3 (5) Special Wildlife Protection Zone 5 (SWPZ 3) encompasses an area of (SWPZ 5) encompasses an area of Appendix D to Subpart H of Part 922— approximately 7 square nautical miles (9.3 approximately 14.8 square nautical miles Special Wildlife Protection Zones square miles). The precise boundary (19.6 square miles). The precise boundary Within the Sanctuary coordinates are listed in the table following coordinates are listed in the table following this description. The western boundary of this description. The western boundary of Coordinates listed in this appendix are SWPZ 5 extends south and east from Point SWPZ 3 extends south and east from Point unprojected (Geographic) and based on the 1, near Millers Point in Marin County, to 1, southwest of the Estero de San Antonio in North American Datum of 1983. Point 2, which is south and west of Bolinas Sonoma County, to Point 2, south of Tomales (1) Special Wildlife Protection Zone 1 Point. The boundary then follows a rhumb (SWPZ 1) encompasses an area of Point in Marin County. The boundary then line east from Point 2 towards Point 3 until approximately 7.9 square nautical miles (10.5 extends north and east from Point 2 along a it intersects the Mean High Water Line at square miles). The precise boundary straight line arc connecting Point 2 and Point Rocky Point. From this intersection, the coordinates are listed in the table following 3 until it intersects the boundary of the Point boundary follows the Mean High Water Line this description. The western boundary of Reyes National Seashore. From this north to Bolinas Point and Millers Point, SWPZ 1 extends south from Point 1, west of intersection the boundary follows the Point respectively, including Bolinas Lagoon but Haven’s Neck in Mendocino County, to Point Reyes National Seashore boundary around not including Seadrift Lagoon, until it 2, west of Del Mar Point. The boundary then Tomales Point into Tomales Bay and intersects the straight line arc that connects extends east from Point 2 along a rhumb line continues until it again intersects the straight Point 4 and Point 5. From this intersection connecting Point 2 and Point 3 until it line arc that connects Point 2 and Point 3. the boundary turns seaward and continues to intersects the Mean High Water Line at Del From this intersection the boundary follows west and south along the straight line arc to Mar Point. The SWPZ 1 boundary then turns the straight line arc north and east until it Point 5. north to follow the Mean High Water Line intersects the Mean High Water Line at Toms towards Haven’s Neck and continues until it Point in Tomales Bay. The SWPZ 3 boundary Zone 5 intersects a rhumb line connecting Point 4 then follows the Mean High Water Line Point ID Latitude Longitude and Point 5. From this intersection the northward towards the Estero de San No. Sanctuary boundary continues west along its Antonio until it intersects the straight line 1 ...... 37.96579 ¥122.83284 northernmost extent to Point 5. arc that connects Point 4 and Point 5. From 2 ...... 37.88195 ¥122.73989 this intersection the Sanctuary boundary 3 ...... 37.88195 ¥122.62873 Zone 1 continues south and west to Point 5. Point ID Latitude Longitude 4 ...... 37.98554 ¥122.81172 5 ...... 37.96579 ¥122.83284 No. Zone 3 ¥ Point ID Latitude Longitude 1 ...... 38.80865 123.63227 No. (6) Special Wildlife Protection Zone 6 2 ...... 38.74096 ¥123.54306 (SWPZ 6) encompasses an area of 3 ...... 38.74096 ¥123.51051 1 ...... 38.24001 ¥123.02963 approximately 6.8 square nautical miles (9 4 ...... 38.80865 ¥123.60195 2 ...... 38.19249 ¥122.99523 square miles). The precise boundary ¥ 5 ...... 38.80865 123.63227 3 ...... 38.21544 ¥122.95286 coordinates are listed in the table following 4 ...... 38.27011 ¥122.97840 this description. The boundary of SWPZ 6 (2) Special Wildlife Protection Zone 2 5 ...... 38.24001 ¥123.02963 extends south and west from Point 1, north (SWPZ 2) encompasses an area of of Southeast Farallon Island, along a straight approximately 16.2 square nautical miles (4) Special Wildlife Protection Zone 4 line arc to Point 2, then south and east along (21.4 square miles). The precise boundary (SWPZ 4) encompasses an area of a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then coordinates are listed in the table following approximately 10.2 square nautical miles north and west along a straight line arc to this description. The western boundary of (13.5 square miles). The precise boundary Point 5. SWPZ 2 extends south and east from Point coordinates are list in the table following this 1, south of Windermere Point in Sonoma description. The western boundary of SWPZ County, to Point 2 and then to Point 3 in Zone 6 4 extends south and west from Point 1, west sequence. Point 3 is west of Duncans Point Point ID Latitude Longitude of Point Reyes in Marin County, to Point 2, in Sonoma County. The boundary then No. south and west of Point Reyes Lighthouse. extends east from Point 3 along a rhumb line The boundary then follows a straight line arc ¥ connecting Point 3 and Point 4 until it 1 ...... 37.72976 123.00961 ¥ intersects the Mean High Water Line at east and south from Point 2 to Point 3. From 2 ...... 37.69697 123.04374 ¥ Duncans Point. The boundary then turns Point 3 the boundary follows a straight line 3 ...... 37.66944 123.00176 ¥ north to follow the Mean High Water Line arc north to Point 4. From Point 4 the SWPZ 4 ...... 37.70246 122.96608 ¥ towards Windermere Point until it intersects 4 boundary proceeds west along the straight 5 ...... 37.72976 123.00961 a meridian connecting Point 5 and Point 6. line arc that connects Point 4 and Point 5 From this intersection the boundary until it intersects the Point Reyes National (7) Special Wildlife Protection Zone 7 continues due south along a meridian to Seashore boundary north of Chimney Rock. (SWPZ 7) encompasses an area of Point 6. The boundary then follows the Point Reyes approximately 6 square nautical miles (7.9 National Seashore boundary around Point square miles). The precise boundary Zone 2 Reyes until it intersects the straight line arc coordinates are listed in the table following Point ID Latitude Longitude that connects Point 4 and Point 5 north of the this description. The boundary of SWPZ 7 No. Point Reyes Lighthouse. From this extends south and west from Point 1, north intersection the boundary turns seaward and of North Farallon Island, along a straight line 1 ...... 38.49854 ¥123.26804 continues west to Point 5. arc to Point 2, then south and east along a

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straight line arc to Point 3, then north and Harmful matter means any substance, (ii) Discharging or depositing from east along a straight line arc to Point 4, then or combination of substances, that within or into the Sanctuary any north and west along a straight line arc to because of its quantity, concentration, or material or other matter from a cruise Point 5. physical, chemical, or infectious ship except clean vessel engine cooling characteristics may pose a present or water, clean vessel generator cooling Zone 7 Point ID Latitude Longitude potential threat to Sanctuary resources water, vessel engine or generator No. or qualities, including but not limited exhaust, clean bilge water, or anchor to: fishing nets, fishing line, hooks, fuel, wash. 1 ...... 37.79568 ¥123.10845 oil, and those contaminants (regardless (iii) Discharging or depositing, from ¥ 2 ...... 37.76746 123.13285 of quantity) listed pursuant to 42 U.S.C. beyond the boundary of the Sanctuary, 3 ...... 37.73947 ¥123.09341 any material or other matter that ¥ Introduced species means any species 4 ...... 37.76687 123.06330 subsequently enters the Sanctuary and 5 ...... 37.79568 ¥123.10845 (including, but not limited to, any of its biological matter capable of injures a Sanctuary resource or quality, except as listed in paragraphs (a)(2)(i) ■ propagation) that is non-native to the 4. Revise part 922 Subpart K to read and (a)(2)(ii) of this section. as follows: ecosystems of the Sanctuary; or any organism into which altered genetic (3) On or within the line representing the 50-fathom isobath surrounding Subpart K—Cordell Bank National matter, or genetic matter from another Cordell Bank, removing, taking, or Marine Sanctuary species, has been transferred in order that the host organism acquires the injuring or attempting to remove, take, § 922.110 Boundary. genetic traits of the transferred genes. or injure benthic invertebrates or algae located on Cordell Bank. This The Cordell Bank National Marine § 922.112 Prohibited or otherwise prohibition does not apply to use of Sanctuary (Sanctuary) boundary regulated activities. bottom contact gear used during fishing encompasses a total area of activities, which is prohibited pursuant approximately 971 square nautical miles (a) The following activities are to 50 CFR part 660 (Fisheries off West (1,286 square miles) of offshore ocean prohibited and thus are unlawful for Coast States). The coordinates for the waters, and submerged lands any person to conduct or to cause to be conducted within the Sanctuary: line representing the 50-fathom isobath thereunder, surrounding the submarine are listed in appendix B to this subpart. plateau known as Cordell Bank along— (1) Exploring for, developing, or producing oil, gas, or minerals. There is a rebuttable presumption that the northern coast of California, any such resource found in the approximately 45 nautical miles west- (2)(i) Discharging or depositing from within or into the Sanctuary, other than possession of a person within the northwest of San Francisco, California. Sanctuary was taken or removed by that The precise boundary coordinates are from a cruise ship, any material or other matter except: person. listed in Appendix A to this subpart. (4)(i) On or within the line The northern boundary of the Sanctuary (A) Fish, fish parts, chumming representing the 50-fathom isobath is a rhumb line that begins materials, or bait used in or resulting surrounding Cordell Bank, drilling into, approximately 6 nautical miles (8 miles) from lawful fishing activities within the dredging, or otherwise altering the west of Bodega Head in Sonoma County, Sanctuary, provided that such discharge submerged lands; or constructing, California at Point 1 and extends west or deposit is during the conduct of placing, or abandoning any structure, approximately 38 nautical miles (44 lawful fishing activity within the material or other matter on or in the miles) to Point 2. This line is part of a Sanctuary; submerged lands. This prohibition does shared boundary between the Sanctuary (B) For a vessel less than 300 gross not apply to use of bottom contact gear and Gulf of the Farallones National registered tons (GRT), or a vessel 300 used during fishing activities, which is Marine Sanctuary (GFNMS). The GRT or greater without sufficient prohibited pursuant to 50 CFR part 660 western boundary of the Sanctuary holding tank capacity to hold sewage (Fisheries off West Coast States). The extends south from Point 2 while within the Sanctuary, clean coordinates for the line representing the approximately 34 nautical miles (39 effluent generated incidental to vessel 50-fathom isobath are listed in appendix miles) to Point 3. From Point 3 the use and generated by an operable Type B to this subpart. Sanctuary boundary continues east 15 I or II marine sanitation device (U.S. (ii) In the Sanctuary beyond the line nautical miles (17 miles) to Point 4 Coast Guard classification) approved in representing the 50-fathom isobath where it intersects the GFNMS accordance with section 312 of the surrounding Cordell Bank, drilling into, boundary again. The line from Point 3 Federal Water Pollution Control Act, as dredging, or otherwise altering the to Point 4 forms the southernmost amended, (FWPCA), 33 U.S.C. 1322. submerged lands; or constructing, boundary of the Sanctuary. The eastern Vessel operators must lock all marine placing, or abandoning any structure, boundary of the Sanctuary is a series of sanitation devices in a manner that material or matter on the submerged straight lines connecting Points 4 prevents discharge or deposit of lands except as incidental and necessary through 20 in numerical sequence. The untreated sewage; for anchoring any vessel or lawful use Sanctuary is coterminous with GFNMS (C) Clean vessel deck wash down, of any fishing gear during normal along both its (the Sanctuary’s) eastern clean vessel engine cooling water, clean fishing activities. The coordinates for and northern boundaries. vessel generator cooling water, clean the line representing the 50-fathom bilge water, or anchor wash; isobath are listed in appendix B to this § 922.111 Definitions. (D) For a vessel less than 300 GRT or subpart. In addition to the definitions found in a vessel 300 GRT or greater without (5) Taking any marine mammal, sea § 922.3, the following definitions apply sufficient holding capacity to hold turtle, or bird within or above the to this subpart: graywater while within the Sanctuary, Sanctuary, except as authorized by the Clean means not containing clean graywater as defined by section Marine Mammal Protection Act, as detectable levels of harmful matter. 312 of the FWPCA; or amended, (MMPA), 16 U.S.C. 1361 et Cruise ship means a vessel with 250 (E) Vessel engine or generator seq., Endangered Species Act, as or more passenger berths for hire. exhaust. amended, (ESA), 16 U.S.C. 1531 et seq.,

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Migratory Bird Treaty Act, as amended, qualities. Amendments, renewals, and conduct of the activity may diminish or (MBTA), 16 U.S.C. 703 et seq., or any extensions of authorizations in enhance Sanctuary resources and regulation, as amended, promulgated existence on the effective date of qualities, any potential indirect, under the MMPA, ESA, or MBTA. designation or expansion constitute secondary or cumulative effects of the (6) Possessing within the Sanctuary authorizations issued after the effective activity, and the duration of such (regardless of where taken, moved or date of Sanctuary designation or effects; removed from), any marine mammal, expansion. (5) The proposed activity will be sea turtle or bird taken, except as (e) The prohibitions in paragraphs conducted in a manner compatible with authorized by the MMPA, ESA, MBTA, (a)(2) through (7) of this section do not the value of the Sanctuary, considering by any regulation, as amended, apply to any activity executed in the extent to which the conduct of the promulgated under the MMPA, ESA, or accordance with the scope, purpose, activity may result in conflicts between MBTA, or as necessary for valid law terms, and conditions of a National different users of the Sanctuary, and the enforcement purposes. Marine Sanctuary permit issued duration of such effects; (7) Possessing, moving, removing, or pursuant to 15 CFR 922.48 and 922.113 (6) It is necessary to conduct the injuring, or attempting to possess, move, or a Special Use permit issued pursuant proposed activity within the Sanctuary; remove or injure, a Sanctuary historical to section 310 of the Act. (7) The reasonably expected end value resource. (f) Where necessary to prevent of the proposed activity to the (8) Introducing or otherwise releasing immediate, serious, and irreversible furtherance of Sanctuary goals and from within or into the Sanctuary an damage to a Sanctuary resource, any purposes outweighs any potential introduced species, except striped bass activity may be regulated within the adverse effects on Sanctuary resources (Morone saxatilis) released during catch limits of the Act on an emergency basis and qualities from the conduct of the and release fishing activity. for no more than 120 days. activity; and (9) Interfering with, obstructing, (8) The Director may consider delaying, or preventing an investigation, § 922.113 Permit procedures and issuance additional factors as he or she deems search, seizure, or disposition of seized criteria. appropriate. property in connection with (a) A person may conduct an activity (d) Applications. (1) Applications for enforcement of the Act or any regulation prohibited by § 922.112, (a)(2), through permits should be addressed to the or permit issued under the Act. (a)(7), if such activity is specifically Director, Office of National Marine (b) The prohibitions in paragraph (a) authorized by, and conducted in Sanctuaries; ATTN: Superintendent, of this section do not apply to activities accordance with the scope, purpose, Cordell Bank National Marine necessary to respond to an emergency terms and conditions of, a permit issued Sanctuary, P.O. Box 159, Olema, CA threatening life, property or the under § 922.48 and this section. 94950. environment. (b) The Director, at his or her (2) In addition to the information (c) All activities being carried out by discretion, may issue a national marine listed in § 922.48(b), all applications the Department of Defense (DOD) within sanctuary permit under this section, must include information to be the Sanctuary on the effective date of subject to terms and conditions, as he or considered by the Director in paragraph designation or expansion of the she deems appropriate, if the Director (b) and (c) of this section. Sanctuary that are necessary for national finds that the activity will: (e) The permittee must agree to hold defense are exempt from the (1) Further research or monitoring the United States harmless against any prohibitions contained in the related to Sanctuary resources and claims arising out of the conduct of the regulations in this subpart. Additional qualities; permitted activities. DOD activities initiated after the (2) Further the educational value of Appendix A to Subpart K of Part 922— effective date of designation or the Sanctuary; Cordell Bank National Marine expansion that are necessary for (3) Further salvage or recovery Sanctuary Boundary Coordinates national defense will be exempted by operations in or near the Sanctuary in the Director after consultation between connection with a recent air or marine Coordinates listed in this appendix are the Department of Commerce and DOD. casualty; or unprojected (Geographic Coordinate System) DOD activities not necessary for (4) Assist in managing the Sanctuary. and based on the North American Datum of national defense, such as routine (c) In deciding whether to issue a 1983 (NAD83). exercises and vessel operations, are permit, the Director shall consider such subject to all prohibitions contained in factors as: SANCTUARY BOUNDARY COORDINATES the regulations in this subpart. (1) The applicant is qualified to (d) The prohibitions in paragraphs conduct and complete the proposed Point ID (a)(2), (a)(3), and (a)(4)(ii) through activity; No. Latitude Longitude (a)(7)of this section do not apply to any sanctuary (2) The applicant has adequate boundary activity authorized by any lease, permit, financial resources available to conduct license, approval, or other authorization and complete the proposed activity; 1 ...... 38.29989 ¥123.20005 issued after the effective date of (3) The methods and procedures 2 ...... 38.29989 ¥123.99988 Sanctuary designation or expansion and proposed by the applicant are 3 ...... 37.76687 ¥123.75143 issued by any Federal, State, or local appropriate to achieve the goals of the 4 ...... 37.76687 ¥123.42694 authority of competent jurisdiction, proposed activity, especially in relation 5 ...... 37.83480 ¥123.42579 provided that the applicant complies to the potential effects of the proposed 6 ...... 37.90464 ¥123.38958 7 ...... 37.95880 ¥123.32312 with 15 CFR 922.49, the Director activity on Sanctuary resources and ¥ notifies the applicant and authorizing 8 ...... 37.98947 123.23615 qualities; 9 ...... 37.99227 ¥123.14137 agency that he or she does not object to (4) The proposed activity will be 10 ...... 38.05202 ¥123.12827 issuance of the authorization, and the conducted in a manner compatible with 11 ...... 38.06505 ¥123.11711 applicant complies with any terms and the primary objective of protection of 12 ...... 38.07898 ¥123.10924 conditions the Director deems necessary Sanctuary resources and qualities, 13 ...... 38.09069 ¥123.10387 to protect Sanctuary resources and considering the extent to which the 14 ...... 38.10215 ¥123.09804

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SANCTUARY BOUNDARY Appendix B to Subpart K of Part 922— CORDELL BANK FIFTY FATHOM LINE— COORDINATES—Continued Line Representing the 50-Fathom Continued Isobath Surrounding Cordell Bank Point ID Point ID Latitude Longitude No. Coordinates listed in this appendix are No. sanctuary Latitude Longitude unprojected (Geographic Coordinate System) boundary and based on the North American Datum of 6 ...... 38.04684 ¥123.47920 1983 (NAD83). 7 ...... 38.07106 ¥123.48754 15 ...... 38.12829 ¥123.08742 8 ...... 38.07588 ¥123.47195 16 ...... 38.14072 ¥123.08237 CORDELL BANK FIFTY FATHOM LINE 9 ...... 38.06451 ¥123.46146 17 ...... 38.16576 ¥123.09207 10 ...... 38.07123 ¥123.44467 18 ...... 38.21001 ¥123.11913 ¥ Point ID Latitude Longitude 11 ...... 38.04446 123.40286 19 ...... 38.26390 ¥123.18138 No. 12 ...... 38.01442 ¥123.38588 20 ...... 38.29989 ¥123.20005 13 ...... 37.98859 ¥123.37533 ¥ 1 ...... 37.96034 123.40371 14 ...... 37.97071 ¥123.38605 2 ...... 37.96172 ¥123.42081 3 ...... 37.9911 ¥123.44379 4 ...... 38.00406 ¥123.46443 [FR Doc. 2014–08061 Filed 4–11–14; 8:45 am] 5 ...... 38.01637 ¥123.46076 BILLING CODE 3510–NK–P

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