Publication--National Ocean Service--U.S. Coast Pilot 7, Pacific Coast:
California, Oregon, Washington, Hawaii, and Pacific Islands, 2009 (41st)
Edition. Change No. 03.

Coast Pilot 7 41st 2009 Corrections

Page 56-Paragraph 263 through Page 62-Paragraph 359; read:

**Subpart K---Cordell Bank National Marine Sanctuary**

**§922.110 Boundary.**

The Cordell Bank National Marine Sanctuary (Sanctuary) boundary
encompasses a total area of approximately 399 square nautical miles
(nmi) of ocean waters, and submerged lands thereunder, off the northern
coast of California approximately 50 miles west-northwest of San
Francisco, California. The Sanctuary boundary extends westward
(approximately 250 degrees) from the northwestern most point of the Gulf
of the Farallones National Marine Sanctuary (GFNMS) to the 1,000 fathom
isobath northwest of Cordell Bank. The Sanctuary boundary then generally
follows this isobath in a southerly direction to the western-most point
of the GFNMS boundary. The Sanctuary boundary then follows the GFNMS
boundary again to the northwestern corner of the GFNMS. The exact
boundary coordinates are listed in Appendix A to this subpart.

**§922.111 Definitions.**

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

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

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

*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.

*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.

**§922.112 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)(i) Discharging or depositing from within or into the Sanctuary,
other than from a cruise ship, any material or other matter except:

\(A\) 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;

\(B\) 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 and generated by an operable Type I or II
marine sanitation device (U.S. Coast Guard classification) 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;

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

\(D\) Vessel engine or generator exhaust.

\(ii\) 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.

\(iii\) 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 as listed
in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.

\(2\) On or within the line representing the 50-fathom isobath
surrounding Cordell Bank, removing, taking, or injuring or attempting to
remove, take, or injure benthic invertebrates or algae located on
Cordell Bank. This prohibition does not apply to use of bottom contact
gear used during fishing activities, which is prohibited pursuant to 50
CFR part 660 (Fisheries off West Coast States). There is a rebuttable
presumption that any such resource found in the possession of a person
within the Sanctuary was taken or removed by that person.

\(3\) Exploring for, or developing or producing, oil, gas, or minerals
in any area of the Sanctuary.

(4)(i) On or within the line representing the 50-fathom isobath
surrounding Cordell Bank, drilling into, dredging, or otherwise altering
the submerged lands; or constructing, placing, or abandoning any
structure, material or other matter on or in the submerged lands. This
prohibition does not apply to use of bottom contact gear used during
fishing activities, which is prohibited pursuant to 50 CFR part 660
(Fisheries off West Coast States).

\(ii\) In the Sanctuary beyond the line representing the 50-fathom
isobath surrounding Cordell Bank, drilling into, dredging, or otherwise
altering the submerged lands; or constructing, placing, or abandoning
any structure, material or matter on the submerged lands except as
incidental and necessary for anchoring any vessel or lawful use of any
fishing gear during normal fishing activities.

\(5\) 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, as
amended, (ESA), 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.

\(6\) 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.

\(7\) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except striped bass (*Morone
saxatilis*) released during catch and release fishing activity.

\(b\) 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 §922.113.

\(c\) All activities being carried out by the Department of Defense
(DOD) within the Sanctuary on the effective date of designation that are
necessary for national defense are exempt from the prohibitions
contained in the regulations in this subpart. Additional DOD activities
initiated after the effective date of designation that are necessary for
national defense will be exempted by the Director after consultation
between the Department of Commerce and DOD. DOD activities not necessary
for national defense, such as routine exercises and vessel operations,
are subject to all prohibitions contained in the regulations in this
subpart.

\(d\) Where necessary to prevent immediate, serious, and irreversible
damage to a Sanctuary resource, any activity may be regulated within the
limits of the Act on an emergency basis for no more than 120 days.

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

\(a\) A person may conduct an activity prohibited by §922.112 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 the Sanctuary;

\(3\) Further salvage or recovery operations in or near the Sanctuary in
connection with a recent air or marine casualty; or

\(4\) Assist in managing the Sanctuary.

\(c\) In deciding whether to issue a permit, the Director shall consider
such factors 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, Cordell
Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950.

\(2\) 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.

**Subpart M---Monterey Bay National Marine Sanctuary**

**§922.130 Boundary.**

The Monterey Bay National Marine Sanctuary (Sanctuary) consists of two
separate areas. (a) The first area consists of an area of approximately
4,016 square nautical miles (nmi) of coastal and ocean waters, and
submerged lands thereunder, in and surrounding Monterey Bay off the
central coast of California. The northern terminus of the Sanctuary
boundary is located along the southern boundary of the Gulf of the
Farallones National Marine Sanctuary (GFNMS) beginning at Rocky Point
just south of Stinson Beach in Marin County. The Sanctuary boundary
follows the GFNMS boundary westward to a point approximately 29 nmi
offshore from Moss Beach in San Mateo County. The Sanctuary boundary
then extends southward in a series of arcs, which generally follow the
500 fathom isobath, to a point approximately 27 nmi offshore of Cambria,
in San Luis Obispo County. The Sanctuary boundary then extends eastward
towards shore until it intersects the Mean High Water Line (MHWL) along
the coast near Cambria. The Sanctuary boundary then follows the MHWL
northward to the northern terminus at Rocky Point. The shoreward
Sanctuary boundary excludes a small area between Point Bonita and Point
San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and
Moss Landing Harbor are all excluded from the Sanctuary except for Moss
Landing Harbor, where all of Elkhorn Slough east of the Highway One
bridge, and west of the tide gate at Elkhorn Road and toward the center
channel from the MHWL is included within the Sanctuary, excluding areas
within the Elkhorn Slough National Estuarine Research Reserve.

\(b\) The Davidson Seamount Management Zone is also part of the
Sanctuary. This area, bounded by geodetic lines connecting a rectangle
centered on the top of the Davidson Seamount, consists of approximately
585 square nmi of ocean waters and the submerged lands thereunder. The
shoreward boundary of this portion of the Sanctuary is located
approximately 65 nmi off the coast of San Simeon in San Luis Obispo
County.

**§922.131 Definitions.**

In addition to those definitions found at 15 CFR 922.3, the following
definitions apply to this subpart:

*Attract or attracting* means the conduct of any activity that lures or
may lure any animal by using food, bait, chum, dyes, 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.

*Davidson Seamount Management Zone* means the area bounded by geodetic
lines connecting a rectangle centered on the top of the Davidson
Seamount, and consists of approximately 585 square nmi of ocean waters
and the submerged lands thereunder. The shoreward boundary of this
portion of the Sanctuary is located approximately 65 nmi off the coast
of San Simeon in San Luis Obispo County.

*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.

*Federal Project* means any water resources development project
conducted by the U.S. Army Corps of Engineers or operating under a
permit or other authorization issued by the Corps of Engineers and
authorized by Federal law.

*Hand tool* means a hand-held implement, utilized for the collection of
jade pursuant to 15 CFR 922.132(a)(1), that is no greater than 36 inches
in length and has no moving parts (e.g., dive knife, pry bar, or abalone
iron). Pneumatic, mechanical, electrical, hydraulic, or explosive tools
are, therefore, examples of what does not meet this definition.

*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. 9601(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 (MPWC)* means any vessel, propelled by
machinery, that is designed to be operated by standing, sitting, or
kneeling on, astride, or behind the vessel, in contrast to the
conventional manner, where the operator stands or sits inside the
vessel; any vessel less than 20 feet in length overall as manufactured
and propelled by machinery and that has been exempted from compliance
with the U.S. Coast Guard\'s Maximum Capacities Marking for Load
Capacity regulation found at 33 CFR Parts 181 and 183, except
submarines; or any other vessel that is less than 20 feet in length
overall as manufactured, and is propelled by a water jet pump or drive.

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

\(a\) Except as specified in paragraphs (b) through (e) of this section,
the following activities are prohibited and thus are unlawful for any
person to conduct or to cause to be conducted:

\(1\) Exploring for, developing, or producing oil, gas, or minerals
within the Sanctuary, except: Jade may be collected (meaning removed)
from the area bounded by the 35.92222 N latitude parallel (coastal
reference point: Beach access stairway at south Sand Dollar Beach), the
35.88889 N latitude parallel (coastal reference point: Westernmost tip
of Cape San Martin), and from the mean high tide line seaward to the
90-foot isobath (depth line) (the "authorized area") provided that:

\(i\) Only jade already loose from the submerged lands of the Sanctuary
may be collected;

\(ii\) No tool may be used to collect jade except:

\(A\) A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the
jade or scratch the surface of a stone as necessary to determine if it
is jade;

\(B\) A lift bag or multiple lift bags with a combined lift capacity of
no more than two hundred pounds; or

\(C\) A vessel (except for motorized personal watercraft) (see paragraph
(a)(7) of this section) to provide access to the authorized area;

\(iii\) Each person may collect only what that person individually
carries; and

\(iv\) For any loose piece of jade that cannot be collected under
paragraphs (a)(1) (ii) and (iii) of this section, any person may apply
for a permit to collect such a loose piece by following the procedures
in 15 CFR 922.133.

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

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

\(B\) 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) 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;

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

\(D\) For a vessel less than 300 gross registered tons (GRT), or a
vessel 300 GRT or greater without sufficient holding capacity to hold
graywater while within the Sanctuary, clean graywater as defined by
section 312 of the FWPCA;

\(E\) Vessel engine or generator exhaust; or

\(F\) Dredged material deposited at disposal sites authorized by the
U.S. Environmental Protection Agency (EPA) (in consultation with the
U.S. Army Corps of Engineers (COE)) prior to the effective date of
Sanctuary designation (January 1, 1993), provided that the activity is
pursuant to, and complies with the terms and conditions of, a valid
Federal permit or approval existing on January 1, 1993.

\(ii\) 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.

\(iii\) 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 those
listed in paragraphs (a)(2)(i)(A) through (E) and (a)(2)(ii) of this
section and dredged material deposited at the authorized disposal sites,
provided that the dredged material disposal is pursuant to, and complies
with the terms and conditions of, a valid Federal permit or approval.

\(3\) Possessing, moving, removing, or injuring, or attempting to
possess, move, remove, or injure, a Sanctuary historical resource. This
prohibition does not apply to, moving, removing, or injury resulting
incidentally from kelp harvesting, aquaculture, or lawful fishing
activities.

\(4\) Drilling into, dredging, or otherwise altering the submerged lands
of the Sanctuary; or constructing, placing, or abandoning any structure,
material, or other matter on or in the submerged lands of the Sanctuary,
except as incidental and necessary to:

\(i\) Conduct lawful fishing activities;

\(ii\) Anchor a vessel;

\(iii\) Conduct aquaculture or kelp harvesting;

\(iv\) Install an authorized navigational aid;

\(v\) Conduct harbor maintenance in an area necessarily associated with
a Federal Project in existence on January 1, 1993, including dredging of
entrance channels and repair, replacement, or rehabilitation of
breakwaters and jetties;

\(vi\) Construct, repair, replace, or rehabilitate a dock or pier; or

\(vii\) Collect jade pursuant to paragraph (a)(1) of this section,
provided that there is no constructing, placing, or abandoning any
structure, material, or other matter on or in the submerged lands of the
Sanctuary, other than temporary placement of an authorized hand tool as
provided in paragraph (a)(1) of this section. The exceptions listed in
paragraphs (a)(4)(ii) through (a)(4)(vii) of this section do not apply
within the Davidson Seamount Management Zone.

\(5\) 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, as
amended, (ESA), 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.

\(6\) Flying motorized aircraft, except as necessary for valid law
enforcement purposes, at less than 1,000 feet above any of the four
zones within the Sanctuary.

\(7\) Operating motorized personal watercraft within the Sanctuary
except within the five designated zones and access routes within the
Sanctuary described in Appendix E to this subpart. Zone Five (at Pillar
Point) exists only when a High Surf Warning has been issued by the
National Weather Service and is in effect for San Mateo County, and only
during December, January, and February.

\(8\) Possessing within the Sanctuary (regardless of where taken, moved,
or removed from), any marine mammal, sea turtle, or bird, 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.

\(9\) Deserting a vessel aground, at anchor, or adrift in the Sanctuary.

\(10\) Leaving harmful matter aboard a grounded or deserted vessel in
the Sanctuary.

\(11\) (i) Moving, removing, taking, collecting, catching, harvesting,
disturbing, breaking, cutting, or otherwise injuring, or attempting to
move, remove, take, collect, catch, harvest, disturb, break, cut, or
otherwise injure, any Sanctuary resource located more than 3,000 feet
below the sea surface within the Davidson Seamount Management Zone. This
prohibition does not apply to fishing below 3,000 feet within the
Davidson Seamount Management Zone, which is prohibited pursuant to 50
CFR part 660 (Fisheries off West Coast States).

\(ii\) Possessing any Sanctuary resource the source of which is more
than 3,000 feet below the sea surface within the Davidson Seamount
Management Zone. This prohibition does not apply to possession of fish
resulting from fishing below 3,000 feet within the Davidson Seamount
Management Zone, which is prohibited pursuant to 50 CFR part 660
(Fisheries off West Coast States).

\(12\) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except striped bass (*Morone
saxatilis*) released during catch and release fishing activity.

\(13\) Attracting any white shark within the Sanctuary.

\(14\) Interfering with, obstructing, delaying, or preventing an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Act or any regulation or permit
issued under the Act.

\(b\) The prohibitions in paragraphs (a)(2) through (11) of this section
do not apply to an activity necessary to respond to an emergency
threatening life, property, or the environment.

(c)(1) All Department of Defense activities must be carried out in a
manner that avoids to the maximum extent practicable any adverse impacts
on Sanctuary resources and qualities. The prohibitions in paragraphs
(a)(2) through (12) of this section do not apply to existing military
activities carried out by the Department of Defense, as specifically
identified in the Final Environmental Impact Statement and Management
Plan for the Proposed Monterey Bay National Marine Sanctuary (NOAA,
1992). (Copies of the FEIS/MP are available from the Monterey Bay
National Marine Sanctuary, 299 Foam Street, Monterey, CA 93940.) For
purposes of the Davidson Seamount Management Zone, these activities are
listed in the 2008 Final Environmental Impact Statement. New activities
may be exempted from the prohibitions in paragraphs (a)(2) through (12)
of this section by the Director after consultation between the Director
and the Department of Defense.

\(2\) In the event of destruction of, loss of, or injury to a Sanctuary
resource or quality resulting from an incident, including but not
limited to discharges, deposits, and groundings, caused by a Department
of Defense activity, the Department of Defense, in coordination with the
Director, must promptly prevent and mitigate further damage and must
restore or replace the Sanctuary resource or quality in a manner
approved by the Director.

\(d\) The prohibitions in paragraph (a)(1) of this section as it
pertains to jade collection in the Sanctuary, and paragraphs (a)(2)
through (11) and (a)(13) of this section, do not apply to any activity
conducted under and in accordance with the scope, purpose, terms, and
conditions of a National Marine Sanctuary permit issued pursuant to 15
CFR 922.48 and 922.133 or a Special Use permit issued pursuant to
section 310 of the Act.

\(e\) The prohibitions in paragraphs (a)(2) through (a)(8) of this
section do not apply to any activity authorized by any lease, permit,
license, approval, or other authorization issued after the effective
date of Sanctuary designation (January 1, 1993) and issued by any
Federal, State, or local authority of competent jurisdiction, provided
that the applicant complies with 15 CFR 922.49, the Director notifies
the applicant and authorizing agency that he or she does not object to
issuance of the authorization, and the applicant complies with any terms
and conditions the Director deems necessary to protect Sanctuary
resources and qualities. Amendments, renewals, and extensions of
authorizations in existence on the effective date of designation
constitute authorizations issued after the effective date of Sanctuary
designation.

\(f\) Notwithstanding paragraphs (d) and (e) of this section, in no
event may the Director issue a National Marine Sanctuary permit under 15
CFR 922.48 and 922.133 or a Special Use permit under section 310 of the
Act authorizing, or otherwise approve: the exploration for, development,
or production of oil, gas, or minerals within the Sanctuary, except for
the collection of jade pursuant to paragraph (a)(1) of this section; the
discharge of primary-treated sewage within the Sanctuary (except by
certification, pursuant to 15 CFR 922.47, of valid authorizations in
existence on January 1, 1993 and issued by other authorities of
competent jurisdiction); or the disposal of dredged material within the
Sanctuary other than at sites authorized by EPA (in consultation with
COE) prior to January 1, 1993. Any purported authorizations issued by
other authorities within the Sanctuary shall be invalid.

**§922.133 Permit procedures and criteria.**

\(a\) A person may conduct an activity prohibited by §922.132(a)(1) as
it pertains to jade collection in the Sanctuary, §922.132(a)(2) through
(11), and §922.132(a)(13), if such activity is specifically authorized
by, and conducted in accordance with the scope, purpose, terms, and
conditions of, a permit issued under this section and 15 CFR 922.48.

\(b\) The Director, at his or her sole discretion, may issue a permit,
subject to terms and conditions as he or she deems appropriate, to
conduct an activity prohibited by §922.132(a)(1) as it pertains to jade
collection in the Sanctuary, §922.132(a)(2) through (11), and
§922.132(a)(13), if the Director finds that the activity will have at
most short-term and negligible adverse effects on Sanctuary resources
and qualities and:

\(1\) Is research designed to further understanding of Sanctuary
resources and qualities;

\(2\) Will further the educational, natural, or historical value of the
Sanctuary;

\(3\) Will further salvage or recovery operations within or near the
Sanctuary in connection with a recent air or marine casualty;

\(4\) Will assist in managing the Sanctuary;

\(5\) Will further salvage or recovery operations in connection with an
abandoned shipwreck in the Sanctuary title to which is held by the State
of California; or

\(6\) Will allow the removal, without the use of pneumatic, mechanical,
electrical, hydraulic or explosive tools, of loose jade from the Jade
Cove area under §922.132(a)(1)(iv).

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

\(1\) Will the activity be conducted by an applicant that is
professionally qualified to conduct and complete the activity;

\(2\) Will the activity be conducted by an applicant with adequate
financial resources available to conduct and complete the activity;

\(3\) Is the activity proposed for no longer than necessary to achieve
its stated purpose;

\(4\) Must the activity be conducted within the Sanctuary;

\(5\) Will the activity be conducted using methods and procedures that
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;

\(6\) Will the activity 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;

\(7\) Will the activity be conducted in a manner compatible with the
value of the Sanctuary as a source of recreation and as a source of
educational and scientific information, 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; and

\(8\) Does the reasonably expected end value of the activity to the
furtherance of the Sanctuary goals and objectives outweigh any potential
adverse effects on Sanctuary resources and qualities from the conduct of
the activity.

\(d\) For jade collection, preference will be given for applications
proposing to collect loose pieces of jade for research or educational
purposes.

\(e\) The Director may consider such other factors as he or she deems
appropriate.

\(f\) Applications.

\(1\) Applications for permits should be addressed to the Director,
Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey
Bay National Marine Sanctuary, 299 Foam Street, Monterey, CA 93940.

\(2\) In addition to the information listed in 15 CFR 922.48(b), all
applications must include information the Director needs to make the
findings in paragraph (b) of this section and information to be
considered by the Director pursuant to paragraph (c) of this section.

\(g\) In addition to any other terms and conditions that the Director
deems appropriate, a permit issued pursuant to this section must require
that the permittee agree to hold the United States harmless against any
claims arising out of the conduct of the permitted activities.

**§922.134 Notification and review.**

\(a\) \[Reserved\]

(b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the
State of California, EPA, and the Association of Monterey Bay Area
Governments regarding the Sanctuary regulations relating to water
quality within State waters within the Sanctuary.

With regard to permits, the MOA encompasses:

\(i\) National Pollutant Discharge Elimination System (NPDES) permits
issued by the State of California under section 13377 of the California
Water Code; and

\(ii\) Waste Discharge Requirements issued by the State of California
under section 13263 of the California Water Code.

\(2\) The MOA specifies how the process of 15 CFR 922.49 will be
administered within State waters within the Sanctuary in coordination
with the State permit program.

(FR 11/10/08)