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. 06.

Coast Pilot 7 41st 2009 Corrections

Number range CHAPTERPage 49- Paragraph 131 through Page 51-Paragraph
182, read:

**§922.70 Boundary.**

The Channel Islands National Marine Sanctuary (Sanctuary) consists of an
area of approximately 1,110 square nautical miles (nmi) of coastal and
ocean waters, and the submerged lands thereunder, off the southern coast
of California. The Sanctuary boundary begins at the Mean High Water Line
of and extends seaward to a distance of approximately six nmi from the
following islands and offshore rocks: San Miguel Island, Santa Cruz
Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island,
Richardson Rock, and Castle Rock (the Islands). The seaward boundary
coordinates are listed in Appendix A to this subpart.

**§922.71 Definitions.**

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

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

*Graywater* means galley, bath or shower water.

*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, usually less than 16
feet in length, which uses an inboard, internal combustion engine
powering a water jet pump as its primary source of propulsion. The
vessel is intended to be operated by a person or persons sitting,
standing or kneeling on the vessel, rather than within the confines of
the hull. The length is measured from end to end over the deck excluding
sheer, meaning a straight line measurement of the overall length from
the foremost part of the vessel to the aftermost part of the vessel,
measured parallel to the centerline. Bow sprits, bumpkins, rudders,
outboard motor brackets, and similar fittings or attachments, are not
included in the measurement. Length is stated in feet and inches.

*Oceangoing ship* means a private, commercial, government or military
vessel of 300 gross registered tons or more, not including cruise ships.

*Pelagic finfish* are defined as: Northern anchovy, (*Engraulis
mordax*), barracudas (*Sphyraena*

*spp.*), billfishes *(*family *Istiophoridae),* dolphinfish (*Coryphaena
hippurus*), Pacific herring

(*Clupea pallasi*), jack mackerel (*Trachurus symmetricus*), Pacific
mackerel (*Scomber japonicus*), salmon (*Oncorhynchus spp.*), Pacific
sardine (*Sardinops sagax),* blue shark (*Prionace glauca*), salmon
shark (*Lamna ditropis*), shortfin mako shark (*Isurus oxyrichus*),
thresher sharks (*Alopias* *spp.*), swordfish (*Xiphias gladius*), tunas
(family *Scombridae*), and yellowtail (*Seriola lalandi*).

*Stowed and not available for immediate use* means not readily
accessible for immediate use, e.g., by being securely covered and lashed
to a deck or bulkhead, tied down, unbaited, unloaded, or partially
disassembled (such as spear shafts being kept separate from spear guns).

**§922.72 Prohibited or otherwise regulated
activities--Sanctuary-wide.**

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

\(1\) Exploring for, developing, or producing hydrocarbons within the
Sanctuary, except pursuant to leases executed prior to March 30, 1981,
and except the laying of pipeline pursuant to exploring for, developing,
or producing hydrocarbons.

\(2\) Exploring for, developing, or producing minerals within the
Sanctuary, except producing

byproducts incidental to hydrocarbon production allowed by paragraph (a)
(1) of this section.

(3)(i) Discharging or depositing from within or into the Sanctuary 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 an
oceangoing ship without sufficient holding tank capacity to hold sewage
while within the Sanctuary, biodegradable 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.
1321 *et seq.* Vessel operators must lock all marine sanitation devices
in a manner that prevents discharge or deposit of untreated sewage;

\(C\) Biodegradable matter from:

\(1\) Vessel deck wash down;

\(2\) Vessel engine cooling water;

\(3\) Graywater from a vessel less than 300 gross registered tons;

\(4\) Graywater from an oceangoing ship without sufficient holding tank
capacity to hold graywater while within the Sanctuary;

\(D\) Vessel engine or generator exhaust;

\(E\) Effluent routinely and necessarily discharged or deposited
incidental to hydrocarbon exploration, development, or production
allowed by paragraph (a) (1) of this section; or

\(F\) Discharge allowed under section 312(n) of the FWPCA.

\(ii\) 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)(3)(i)(B) through (F) of this section and fish,
fish parts, or chumming materials (bait) used in or resulting from
lawful fishing activity there.

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

\(i\) Anchor a vessel;

\(ii\) Install an authorized navigational aid;

\(iii\) Conduct lawful fishing activity;

\(iv\) Lay pipeline pursuant to exploring for, developing or producing
hydrocarbons; or

\(v\) Explore for, develop, or produce hydrocarbons as allowed by
paragraph (a)(1) of this section.

\(5\) Abandoning any structure, material, or other matter on or in the
submerged lands of the Sanctuary.

\(6\) Except to transport persons or supplies to or from any Island,
operating within one nmi of any Island any vessel engaged in the trade
of carrying cargo, including, but not limited to, tankers and other bulk
carriers and barges, any vessel engaged in the trade of servicing
offshore installations, or any vessel of three hundred gross registered
tons or more, except fishing or kelp harvesting vessels.

\(7\) Disturbing a sea bird or marine mammal by flying a motorized
aircraft at less than 1,000 feet over the waters within one nmi of any
Island, except (if allowed under paragraph (a)(9) of this section):

\(i\) To engage in kelp bed surveys; or

\(ii\) to transport persons or supplies to or from an Island.

\(8\) Moving, removing, injuring, or possessing, or attempting to move,
remove, injure, or possess a Sanctuary historical resource.

\(9\) Taking any marine mammal, sea turtle, or sea 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.

\(10\) Possessing within the Sanctuary (regardless of where taken from,
moved, or removed from) any marine mammal, sea turtle, or seabird,
except as authorized by the MMPA, ESA, MBTA, or any regulation, as
amended, promulgated under the MMPA, ESA, or MBTA.

\(11\) Marking, defacing, damaging, moving, removing, or tampering with
any sign, notice, or placard, whether temporary or permanent, or any
monument, stake, post, or other boundary marker related to the
Sanctuary.

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

\(13\) Operating a motorized personal watercraft within waters of the
Sanctuary that are coextensive with the Channel Islands National Park,
established by 16 U.S.C. 410 (ff).

(b)(1) The prohibitions in paragraphs (a)(3) through (13) of this
section and in §922.73 do not apply to military activities carried out
by DOD as of the effective date of these regulations and specifically
identified in section 3.5.9 (Department of Defense Activities) of the
Final Channel Islands Marine Sanctuary Management Plan/ Final
Environmental Impact Statement (FMP/FEIS), Volume II: Environmental
Impact Statement, 2008, authored and published by NOAA ("pre-existing
activities"). Copies of the document are available from the Channel
Islands National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA
93109. Other military activities carried out by DOD may be exempted by
the Director after consultation between the Director and DOD.

\(2\) A military activity carried out by DOD as of the effective date of
these regulations and specifically identified in the section entitled
"Department of Defense Activities" of the FMP/FEIS is not considered a
pre-existing activity if:

\(i\) It is modified in such a way that requires the preparation of an
environmental assessment or environmental impact statement under the
National Environmental Policy Act, 42 U.S.C. 4321 *et seq.,* relevant to
a Sanctuary resource or quality;

\(ii\) It is modified, including but not limited to changes in location
or frequency, in such a way that its possible adverse effects on
Sanctuary resources or qualities are significantly greater than
previously considered for the unmodified activity;

\(iii\) It is modified, including but not limited to changes in location
or frequency, in such a way that its possible adverse effects on
Sanctuary resources or qualities are significantly different in manner
than previously considered for the unmodified activity; or

\(iv\) There are new circumstances or information relevant to a
Sanctuary resource or quality that was not addressed in the FMP/FEIS.

\(3\) 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 DOD
activity, DOD, 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.

\(4\) All DOD activities must be carried out in a manner that avoids to
the maximum extent practicable any adverse impacts on Sanctuary
resources and qualities.

\(c\) The prohibitions in paragraphs (a)(3) through (10), (a)(12), and
(a)(13) of this section and in § 922.73 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 922.74.

\(d\) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of
this section and in §922.73 do not apply to any activity necessary to
respond to an emergency threatening life, property, or the environment.

\(e\) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of
this section and in § 922.73 do not apply to any activity necessary for
valid law enforcement purposes in the Sanctuary.

**§922.73 Additional prohibited or otherwise regulated
activities--marine reserves and marine conservation area.**

\(a\) Marine reserves. The following activities are prohibited and thus
unlawful for any person to conduct or cause to be conducted within a
marine reserve, except as specified in paragraphs (b) through (e) of §
922.72:

\(1\) Harvesting, removing, taking, injuring, destroying, collecting,
moving, or causing the loss of any Sanctuary resource, or attempting any
of these activities.

\(2\) Possessing fishing gear on board a vessel unless such gear is
stowed and not available for immediate use.

\(3\) Possessing any Sanctuary resource, except legally harvested fish
on board a vessel at anchor or in transit.

\(b\) Marine conservation area. The following activities are prohibited
and thus unlawful for any person to conduct or cause to be conducted
within the marine conservation area as specified in paragraphs (b)
through (e) of §922.72.

\(1\) Harvesting, removing, taking, injuring, destroying, collecting,
moving, or causing the loss of any Sanctuary resource, or attempting any
of these activities, except:

\(i\) Recreational fishing of pelagic finfish; or

\(ii\) Commercial and recreational fishing for lobster.

\(2\) Possessing fishing gear on board a vessel, except legal fishing
gear used to fish for lobster or pelagic finfish unless such gear is
stowed and not available for immediate use.

\(3\) Possessing any Sanctuary resource except for legally harvested
fish.

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

\(a\) A person may conduct an activity prohibited by §922.72 (a)(3)
through (10), (a)(12), and (a)(13), and §922.73, 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 sole discretion, may issue a permit,
subject to terms and conditions as he or she deems appropriate, to
conduct an activity prohibited by §922.72(a)(3) through (10), (a)(12),
and (a)(13), and §922.73, if the Director finds that the activity:

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

\(2\) Will further the educational value of the Sanctuary;

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

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

\(5\) 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.

\(c\) The Director may not issue a permit under §922.48 and this section
unless the Director also finds that:

\(1\) The proposed activity will have at most short-term and negligible
adverse effects on Sanctuary resources and qualities;

\(2\) The applicant is professionally qualified to conduct and complete
the proposed activity;

\(3\) The applicant has adequate financial resources available to
conduct and complete the proposed activity;

\(4\) The duration of the proposed activity is no longer than necessary
to achieve its stated purpose;

\(5\) 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;

\(6\) 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;

\(7\) The proposed activity will 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;

\(8\) It is necessary to conduct the proposed activity within the
Sanctuary;

\(9\) The reasonably expected end value of the proposed activity
furthers Sanctuary goals and purposes and outweighs any potential
adverse effects on Sanctuary resources and qualities from the conduct of
the activity; and

\(10\) Any other matters the Director deems appropriate do not make the
issuance of a permit for the proposed activity inappropriate.

\(d\) Applications. (1) Applications for permits should be addressed to
the Director, Office of National Marine Sanctuaries; ATTN: Manager,
Channel Islands National Marine Sanctuary, 113 Harbor Way, Santa
Barbara, CA 93109.

\(2\) In addition to the information listed in §922.48(b), all
applications must include information the Director needs to make the
findings in paragraphs (b) and (c) of this section.

\(e\) 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.

(FR 1/16/2009)