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Navigation Regulations 19 SEP 2021 U.S. Coast Pilot 5, Chapter 2 ¢ 35 Navigation Regulations (1) This chapter contains extracts from Code of Federal (6) United States Coast Guard–33 CFR 26, 80, 81, 82, Regulations (CFR) that are of importance to mariners 88, 89, 90, 110, 117, 150, 160, 161, 162, 164, 165, 166, in the area covered by this Coast Pilot. Sections of little 167 and 169 value to the mariner are sometimes omitted. Omitted (7) United States Army Corps of Engineers–33 CFR sections are signified by the following [...] 207 and 334 (2) Extracts from the following titles are contained in (8) Environmental Protection Agency–40 CFR 140 this chapter. (3) (9) Title 15: Commerce and Foreign Trade TITLE 15–COMMERCE AND FOREIGN TRADE Part 922—National Marine Sanctuary Program Regulations Title 33: Navigation and Navigable Waters Part 26—Vessel Bridge-to-Bridge Radiotelephone Regulations (10) Part 80—COLREGS Demarcation Lines Part 922–National Marine Sanctuary Program Part 81—72 COLREGS: Implementing Rules Regulations Part 82—72 COLREGS: Interpretive Rules Part 88—Annex V: Pilot Rules Part 89—Inland Navigation Rules: Implementing Rules (11) Part 90—Inland Rules: Interpretive Rules Subpart A–General Part 110—Anchorage Regulations Part 117—Drawbridge Operation Regulations (12) Part 147—Safety Zones §922.1 Applicability of regulations. Part 150—Deepwater Ports: Operations (in part) (13) Unless noted otherwise, the regulations in subparts Part 156—Oil and Hazardous Material Transfer Operations A, D, and E of this part apply to all National Marine Part 157—Rules for the Protection of the Marine Environment Sanctuaries and related site-specific regulations set forth Relating to Tank Vessels Carrying Oil in Bulk (in part) in this part. Subparts B and C of this part apply to the Part 160—Ports and Waterways Safety-General sanctuary nomination process and to the designation of Part 161—Vessel Traffic Management future Sanctuaries. Part 162—Inland Waterways Navigation Regulations Part 164—Navigation Safety Regulations (in part) (14) Part 165—Regulated Navigation Areas and Limited Access Areas §922.2 Mission, goals, and special policies. Part 166—Shipping Safety Fairways (15) (a) In accordance with the standards set forth in title Part 167—Offshore Traffic Separation Schemes III of the Marine Protection, Research, and Sanctuaries Act Part 169—Ship Reporting Systems of 1972, as amended, also known as the National Marine Part 207—Navigation Regulations Sanctuaries Act (Act) the mission of the National Marine Part 334—Danger Zones and Restricted Area Regulations Sanctuary program (Program) is to identify, designate Title 40: Protection of Environment and manage areas of the marine environment of special Part 140—Marine Sanitation Device Standard national, and in some cases international, significance due Title 50: Wildlife and Fisheries to their conservation, recreational, ecological, historical, Part 224—Endangered Marine and Anadromous Species research, educational, or aesthetic qualities. Part 226—Designated Critical Habitat (16) (b) The goals of the Program are to carry out the mission to: (4) These regulations can only be amended by the (17) (1) Identify and designate as National Marine enforcing agency or other authority cited in the regulations. Sanctuaries areas of the marine environment which are Accordingly, requests for changes to these regulations of special national significance; should be directed to the appropriate agency for action. (18) (2) Provide authority for comprehensive and In those regulations where the enforcing agency is not coordinated conservation and management of these cited or is unclear, recommendations for changes should marine areas, and activities affecting them, in a manner be directed to the following Federal agencies for action: which complements existing regulatory authorities; (5) National Oceanic and Atmospheric (19) (3) Support, promote, and coordinate scientific Administration–15 CFR 922; 50 CFR 224 and 226 research on, and monitoring of, the resources of these 36 ¢ U.S. Coast Pilot 5, Chapter 2 19 SEP 2021 marine areas, especially long-term monitoring and program by consulting the Uniform Regulations, ARPA research of these areas; (43 CFR part 7) and other relevant Federal regulations. (20) (4) Enhance public awareness, understanding, The Secretary of the Interior’s Standards and Guidelines appreciation, and wise use of the marine environment; for Archeology may also be consulted for guidance. (21) (5) Facilitate to the extent compatible with the These guidelines are available from the Office of Ocean primary objective of resource protection, all public and and Coastal Management at (301) 713–3125. private uses of the resources of these marine areas not (31) prohibited pursuant to other authorities; §922.3 Definitions. (22) (6) Develop and implement coordinated plans for (32) Act means title III of the Marine Protection, Research, the protection and management of these areas with and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 appropriate Federal agencies, State and local governments, et seq., also known as the National Marine Sanctuaries Native American tribes and organizations, international Act. organizations, and other public and private interests (33) Assistant Administrator means the Assistant concerned with the continuing health and resilience of Administrator for Ocean Services and Coastal Zone these marine areas; Management, National Oceanic and Atmospheric (23) (7) Create models of, and incentives for, ways to Administration (NOAA), or designee. conserve and manage these areas; (34) Benthic community means the assemblage of (24) (8) Cooperate with global programs encouraging organisms, substrate, and structural formations found at conservation of marine resources; and or near the bottom that is periodically or permanently (25) (9) Maintain, restore, and enhance living resources covered by water. by providing places for species that depend upon these (35) Commercial fishing means any activity that results marine areas to survive and propagate. in the sale or trade for intended profit of fish, shellfish, (26) (c) To the extent consistent with the policies set forth algae, or corals. in the Act, in carrying out the Program’s mission and (36) Conventional hook and line gear means any fishing goals: apparatus operated aboard a vessel and composed of a (27) (1) Particular attention will be given to the single line terminated by a combination of sinkers and establishment and management of marine areas as hooks or lures and spooled upon a reel that may be hand National Marine Sanctuaries for the protection of the or electrically operated, hand-held or mounted. This term area’s natural resource and ecosystem values; particularly does not include bottom longlines. for ecologically or economically important or threatened (37) Cultural resources means any historical or cultural species or species assemblages, and for offshore areas feature, including archaeological sites, historic structures, where there are no existing special area protection shipwrecks, and artifacts. mechanisms; (38) Director means, except where otherwise specified, (28) (2) The size of a National Marine Sanctuary, while the Director of the Office of Ocean and Coastal Resource highly dependent on the nature of the site’s resources, Management, NOAA, or designee. will be no larger than necessary to ensure effective (39) Exclusive economic zone means the exclusive management; economic zone as defined in the Magnuson Fishery (29) (d) Management efforts will be coordinated to the Conservation and Management Act, 16 U.S. 1801 et seq. extent practicable with other countries managing marine (40) Fish wastes means waste materials resulting from protected areas; commercial fish processing operations. (30) (e) Program regulations, policies, standards, (41) Historical resource means a resource possessing guidelines, and procedures under the Act concerning historical, cultural, archaeological or paleontological the identification, evaluation, registration, and treatment significance, including sites, contextual information, of historical resources shall be consistent, to the extent structures, districts, and objects significantly associated practicable, with the declared national policy for the with or representative of earlier people, cultures, maritime protection and preservation of these resources as stated heritage, and human activities and events. Historical in the National Historic Preservation Act of 1966, 16 resources include “submerged cultural resources”, and U.S.C. 470 et seq., the Archeological and Historical also include “historical properties,” as defined in the Preservation Act of 1974, 16 U.S.C. 469 et seq., and the National Historic Preservation Act, as amended, and its Archeological Resources Protection Act of 1979 (ARPA), implementing regulations, as amended. 16 U.S.C. 470aa et seq. The same degree of regulatory (42) Indian tribe means any American Indian tribe, band, protection and preservation planning policy extended group, or community recognized as such by the Secretary to historical resources on land shall be extended, to the of the Interior. extent practicable, to historical resources in the marine (43) Injure means to change adversely, either in the short environment within the boundaries of designated National or long term, a chemical, biological or physical attribute Marine Sanctuaries. The management of historical of, or the viability of. This includes, but is not limited to, resources under the authority of the Act shall
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