Number range CHAPTERPublication--National Ocean Service--U.S. Coast
Pilot 7, Pacific Coast: California, Oregon, Washington, Hawaii, and
Pacific Islands, 2009 (41st^)^ Edition. Change No. 02.

Coast Pilot 7 41st 2009 Corrections

Page 52-Paragraph 184 through Page 54-Paragraphs 223; read:

**Subpart H---Gulf of the Farallones National Marine Sanctuary**

**§922.80 Boundary.**

The Gulf of the Farallones National Marine Sanctuary (Sanctuary)
boundary encompasses a total area of approximately 966 square nautical
miles (nmi) of coastal and ocean waters, and submerged lands thereunder,
surrounding the Farallon Islands (and Noonday Rock) off the northern
coast of California. The northernmost extent of the Sanctuary boundary
is a geodetic line extending westward from Bodega Head approximately 6
nmi to the northern boundary of the Cordell Bank National Marine
Sanctuary (CBNMS). The Sanctuary boundary then turns southward to a
point approximately 6 nmi off Point Reyes, California, where it then
turns westward again out towards the 1,000-fathom isobath. The Sanctuary
boundary then extends in a southerly direction adjacent to the
1,000-fathom isobath until it intersects the northern extent of the
Monterey Bay National Marine Sanctuary (MBNMS). The Sanctuary boundary
then follows the MBNMS boundary eastward and northward until it
intersects the Mean High Water Line at Rocky Point, California. The
Sanctuary boundary then follows the MHWL north until it intersects the
Point Reyes National Seashore (PRNS) boundary. The Sanctuary boundary
then approximates the PRNS boundary, as established at the time of
designation of the Sanctuary, to the intersection of the PRNS boundary
and the MHWL in Tomales Bay. The Sanctuary boundary then follows the
MHWL up Tomales Bay and Lagunitas Creek to the Route 1 Bridge where the
Sanctuary boundary crosses the Lagunitas Creek and follows the MHWL
until it intersects its northernmost extent near Bodega Head. The
Sanctuary boundary includes Bolinas Lagoon, Estero de San Antonio (to
the tide gate at Valley Ford Franklin School Road) and Estero Americano
(to the bridge at Valley Ford Estero Road), as well as Bodega Bay, but
not Bodega Harbor. Where the Sanctuary boundary crosses a waterway, the
Sanctuary boundary excludes these waterways shoreward of the Sanctuary
boundary line delineated by the coordinates provided. The precise
seaward boundary coordinates are listed in Appendix A to this subpart.

**§922.81 Definitions.**

In addition to those definitions found at §922.3, the following
definitions apply to this subpart:

*Areas of Special Biological Significance (ASBS)* are those areas
designated by California\'s State Water Resources Control Board as
requiring protection of species or biological communities to the extent
that alteration of natural water quality is undesirable. ASBS are a
subset of State Water Quality Protection Areas established pursuant to
California Public Resources Code section 36700 et seq.

*Attract or attracting* means the conduct of any activity that lures or
may lure any animal in the Sanctuary by using food, bait, chum, dyes,
decoys (e.g., surfboards or body boards used as decoys), acoustics or
any other means, except the mere presence of human beings (e.g.,
swimmers, divers, boaters, kayakers, surfers).

*Clean* means not containing detectable levels of harmful matter.

*Cruise ship* means a vessel with 250 or more passenger berths for hire.

*Deserting* means leaving a vessel aground or adrift without
notification to the Director of the vessel going aground or becoming
adrift within 12 hours of its discovery and developing and presenting to
the Director a preliminary salvage plan within 24 hours of such
notification, after expressing or otherwise manifesting intention not to
undertake or to cease salvage efforts, or when the owner/operator cannot
after reasonable efforts by the Director be reached within 12 hours of
the vessel\'s condition being reported to authorities; or leaving a
vessel at anchor when its condition creates potential for a grounding,
discharge, or deposit and the owner/operator fails to secure the vessel
in a timely manner.

*Harmful matter* means any substance, or combination of substances, that
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may pose a present or potential threat to
Sanctuary resources or qualities, including but not limited to: fishing
nets, fishing line, hooks, fuel, oil, and those contaminants (regardless
of quantity) listed pursuant to 42 U.S.C. 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act at 40 CFR 302.4.

*Introduced species* means any species (including, but not limited to,
any of its biological matter capable of propagation) that is non-native
to the ecosystems of the Sanctuary; or any organism into which altered
genetic matter, or genetic matter from another species, has been
transferred in order that the host organism acquires the genetic traits
of the transferred genes.

*Motorized personal watercraft* means a vessel which uses an inboard
motor powering a water jet pump as its primary source of motive power
and which is designed to be operated by a person sitting, standing, or
kneeling on the vessel, rather than the conventional manner of sitting
or standing inside the vessel.

*Routine maintenance* means customary and standard procedures for
maintaining docks or piers.

*Seagrass* means any species of marine angiosperms (flowering plants)
that inhabit portions of the submerged lands in the Sanctuary. Those
species include, but are not limited to: *Zostera asiatica* and *Zostera
marina*.

**§922.82 Prohibited or otherwise regulated activities.**

\(a\) The following activities are prohibited and thus are unlawful for
any person to conduct or to cause to be conducted within the Sanctuary:

\(1\) Exploring for, developing, or producing oil or gas except that
pipelines related to hydrocarbon operations adjacent to the Sanctuary
may be placed at a distance greater than 2 nmi from the Farallon
Islands, Bolinas Lagoon and Areas of Special Biological Significance
(ASBS) where certified to have no significant effect on Sanctuary
resources in accordance with §922.84.

\(2\) Discharging or depositing from within or into the Sanctuary, other
than from a cruise ship, any material or other matter except:

\(i\) Fish, fish parts, or chumming materials (bait) used in or
resulting from lawful fishing activity within the Sanctuary, provided
that such discharge or deposit is during the conduct of lawful fishing
activity within the Sanctuary;

\(ii\) For a vessel less than 300 gross registered tons (GRT), or a
vessel 300 GRT or greater without sufficient holding tank capacity to
hold sewage while within the Sanctuary, clean effluent generated
incidental to vessel use by an operable Type I or II marine sanitation
device (U.S. Coast Guard classification) that is approved in accordance
with section 312 of the Federal Water Pollution Control Act, as amended
(FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine
sanitation devices in a manner that prevents discharge or deposit of
untreated sewage;

\(iii\) Clean vessel deck wash down, clean vessel engine cooling water,
clean vessel generator cooling water, clean bilge water, or anchor wash;
or

\(iv\) Vessel engine or generator exhaust.

\(3\) Discharging or depositing, from within or into the Sanctuary, any
material or other matter from a cruise ship except clean vessel engine
cooling water, clean vessel generator cooling water, clean bilge water,
or anchor wash.

\(4\) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter that subsequently enters the
Sanctuary and injures a Sanctuary resource or quality, except for the
exclusions listed in paragraphs (a)(2)(i) through (iv) and (a)(3) of
this section.

\(5\) Constructing any structure other than a navigation aid on or in
the submerged lands of the Sanctuary; placing or abandoning any
structure on or in the submerged lands of the Sanctuary; or drilling
into, dredging, or otherwise altering the submerged lands of the
Sanctuary in any way, except:

\(i\) By anchoring vessels (in a manner not otherwise prohibited by this
part (see §922.82(a)(16)) ;

\(ii\) While conducting lawful fishing activities;

\(iii\) The laying of pipelines related to hydrocarbon operations in
leases adjacent to the Sanctuary in accordance with paragraph (a)(1) of
this section;

\(iv\) Routine maintenance and construction of docks and piers on
Tomales Bay; or

\(v\) Mariculture activities conducted pursuant to a valid lease,
permit, license or other authorization issued by the State of
California.

\(6\) Operating any vessel engaged in the trade of carrying cargo within
an area extending 2 nmi from the Farallon Islands, Bolinas Lagoon or any
ASBS. This includes but is not limited to tankers and other bulk
carriers and barges, or any vessel engaged in the trade of servicing
offshore installations, except to transport persons or supplies to or
from the Islands or mainland areas adjacent to Sanctuary waters or any
ASBS. In no event shall this section be construed to limit access for
fishing, recreational or research vessels.

\(7\) Operation of motorized personal watercraft, except for the
operation of motorized personal watercraft for emergency search and
rescue missions or law enforcement operations (other than routine
training activities) carried out by the National Park Service, U.S.
Coast Guard, Fire or Police Departments or other Federal, State or local
jurisdictions.

\(8\) Disturbing birds or marine mammals by flying motorized aircraft at
less than 1,000 feet over the waters within one nmi of the Farallon
Islands, Bolinas Lagoon, or any ASBS except to transport persons or
supplies to or from the Islands or for enforcement purposes.

\(9\) Possessing, moving, removing, or injuring, or attempting to
possess, move, remove or injure, a Sanctuary historical resource.

\(10\) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except:

\(i\) Striped bass (Morone saxatilis) released during catch and release
fishing activity; or

\(ii\) Species cultivated by mariculture activities in Tomales Bay
pursuant to a valid lease, permit, license or other authorization issued
by the State of California and in effect on the effective date of the
final regulation.

\(11\) Taking any marine mammal, sea turtle, or bird within or above the
Sanctuary, except as authorized by the Marine Mammal Protection Act, as
amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species Act (ESA),
as amended, 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as
amended, (MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended,
promulgated under the MMPA, ESA, or MBTA.

\(12\) Possessing within the Sanctuary (regardless of where taken, moved
or removed from), any marine mammal, sea turtle, or bird taken, except
as authorized by the MMPA, ESA, MBTA, by any regulation, as amended,
promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law
enforcement purposes.

\(13\) Attracting a white shark in the Sanctuary; or approaching within
50 meters of any white shark within the line approximating 2 nmi around
the Farallon Islands.

\(14\) Deserting a vessel aground, at anchor, or adrift in the
Sanctuary.

\(15\) Leaving harmful matter aboard a grounded or deserted vessel in
the Sanctuary.

\(16\) Anchoring a vessel in a designated seagrass protection zone in
Tomales Bay, except as necessary for mariculture operations conducted
pursuant to a valid lease, permit or license.

\(b\) All activities currently carried out by the Department of Defense
within the Sanctuary are essential for the national defense and,
therefore, not subject to the prohibitions in this section. The
exemption of additional activities shall be determined in consultation
between the Director and the Department of Defense.

\(c\) The prohibitions in paragraph (a) of this section do not apply to
activities necessary to respond to an emergency threatening life,
property, or the environment, or except as may be permitted by the
Director in accordance with §922.48 and §922.83.

**§922.83 Permit procedures and issuance criteria.**

\(a\) A person may conduct an activity prohibited by §922.82 if such
activity is specifically authorized by, and conducted in accordance with
the scope, purpose, terms and conditions of, a permit issued under
§922.48 and this section.

\(b\) The Director, at his or her discretion, may issue a National
Marine Sanctuary permit under this section, subject to terms and
conditions as he or she deems appropriate, if the Director finds that
the activity will:

\(1\) Further research or monitoring related to Sanctuary resources and
qualities;

\(2\) Further the educational value of the Sanctuary;

\(3\) Further salvage or recovery operations; or

\(4\) Assist in managing the Sanctuary.

\(c\) In deciding whether to issue a permit, the Director shall consider
factors such as:

\(1\) The applicant is qualified to conduct and complete the proposed
activity;

\(2\) The applicant has adequate financial resources available to
conduct and complete the proposed activity;

\(3\) The methods and procedures proposed by the applicant are
appropriate to achieve the goals of the proposed activity, especially in
relation to the potential effects of the proposed activity on Sanctuary
resources and qualities;

\(4\) The proposed activity will be conducted in a manner compatible
with the primary objective of protection of Sanctuary resources and
qualities, considering the extent to which the conduct of the activity
may diminish or enhance Sanctuary resources and qualities, any potential
indirect, secondary or cumulative effects of the activity, and the
duration of such effects;

\(5\) The proposed activity will be conducted in a manner compatible
with the value of the Sanctuary, considering the extent to which the
conduct of the activity may result in conflicts between different users
of the Sanctuary, and the duration of such effects;

\(6\) It is necessary to conduct the proposed activity within the
Sanctuary;

\(7\) The reasonably expected end value of the proposed activity to the
furtherance of Sanctuary goals and purposes outweighs any potential
adverse effects on Sanctuary resources and qualities from the conduct of
the activity; and

\(8\) Any other factors as the Director deems appropriate.

\(d\) Applications.

\(1\) Applications for permits should be addressed to the Director,
Office of National Marine Sanctuaries; ATTN: Superintendent, Gulf of the
Farallones National Marine Sanctuary, 991 Marine Dr., The Presidio, San
Francisco, CA 94129.

\(2\) In addition to the information listed in §922.48(b), all
applications must include information to be considered by the Director
in paragraph (b) and (c) of this section.

\(e\) The permittee must agree to hold the United States harmless
against any claims arising out of the conduct of the permitted
activities.

**922.84 Certification of other permits**.

A permit, license, or other authorization allowing: the laying of any
pipeline related to hydrocarbon operations in leases adjacent to the
Sanctuary and placed at a distance greater than 2 nmi from the Farallon
Islands, Bolinas Lagoon, and any ASBS must be certified by the Director
as consistent with the purpose of the Sanctuary and having no
significant effect on Sanctuary resources. Such certification may impose
terms and conditions as deemed appropriate to ensure consistency. In
considering whether to make the certifications called for in this
section, the Director may seek and consider the views of any other
person or entity, within or outside the Federal government, and may hold
a public hearing as deemed appropriate. Any certification called for in
this section shall be presumed unless the Director acts to deny or
condition certification within 60 days from the date that the Director
receives notice of the proposed permit and the necessary supporting
data. The Director may amend, suspend, or revoke any certification made
under this section whenever continued operation would violate any terms
or conditions of the certification. Any such action shall be forwarded
in writing to both the holder of the certified permit and the issuing
agency and shall set forth reason(s) for the action taken.

(FR 11/10/08)