59338 Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 0648–AT14: 060809214–6214– 

01] 

RIN 0648–AT14 

Gulf of the Farallones National Marine 

Sanctuary Regulations 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Proposed rule; notice of public 

availability of draft management plan/ 

draft environmental impact statement. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

proposing a draft revised management 

plan and revised regulations for the Gulf 

of the Farallones National Marine 

Sanctuary (GFNMS or Sanctuary). The 

proposed set of regulations includes 

new regulations, modifications, as well 

as clarifications to existing regulations. 

Proposed new regulations include 

changes to the permit issuance criteria 

and procedures, and new or revised 

prohibitions on: Discharging or 

depositing from within or into the 

Sanctuary any material or matter from a 

cruise ship; 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; taking or possessing marine 

mammals, birds and sea turtles within 

the Sanctuary; releasing introduced 

species into the Sanctuary; attracting or 

approaching a white shark; deserting a 

vessel or leaving harmful matter aboard 

a grounded or deserted vessel; 

possessing, moving, removing, or 

injuring, or attempting to possess, move, 

remove, or injure, a Sanctuary historical 

resource; and anchoring a vessel in a 

designated no-anchoring seagrass 

protection zone in Tomales Bay. The 

proposed actions would also 

permanently fix the shoreward 

boundary adjacent to Point Reyes 

National Seashore and add a manager’s 

permit. The revised regulations would 

clarify: The description of the 

Sanctuary’s boundaries; that the 

Sanctuary includes the submerged lands 

within its boundary; the exceptions for 

the prohibition on discharging or 

depositing materials and matter into the 

Sanctuary; and the exceptions for 

disturbing the submerged lands. Finally, 

the proposed regulations would revise 

the prohibition against dredging or 

otherwise altering the submerged lands 

by removing the exceptions for 

ecological maintenance and 

construction of outfalls; prohibit 

discharging or depositing into the 

Sanctuary food waste resulting from 

meals onboard vessels; and remove the 

exception for discharge of dredge 

materials disposed of at the interim 

dumpsite. 

No changes are proposed to be made 

to the ‘‘Defense Activities’’ section of 

the Designation Document. 

DATES: Public hearings will be held as 

detailed in the SUPPLEMENTARY

INFORMATION section. 

Comments will be considered if 

received by January 5, 2007. 

ADDRESSES: Written comments should 

be sent by mail to: Brady Phillips, JMPR 

Management Plan Coordinator, NOAA 

National Marine Sanctuary Program, 

1305 East-West Highway, N/ORM–6, 

Silver Spring, MD 20910, by e-mail to 

jointplancomments@noaa.gov, or by fax 

to (301) 713–0404. Copies of the DMP/ 

DEIS are available from the same 

address and on the Web at http:// 

www.sanctuaries.nos.noaa.gov/ 

jointplan. Comments can also be 

submitted to the Federal e-Rulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions for submitting 

comments. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to David Bizot, 

National Permit Coordinator, National 

Marine Sanctuary Program, 1305 EastWest Highway, N/ORM–6, Silver 

Spring, Maryland 20910, by e-mail to 

David.Bizot@noaa.gov, or by fax to 301– 

713–0404; and by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Maria Brown, Sanctuary Superintendent 

at (415) 561–6622, Extension 301 or 

Maria.Brown@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

Pursuant to section 304(e) of the 

National Marine Sanctuaries Act (16 

U.S.C. 1434 (e)) the National Marine 

Sanctuary Program (NMSP) has 

completed its review of the management 

plan for Gulf of the Farallones National 

Marine Sanctuary (GFNMS or 

Sanctuary), located off the coast of 

northern California. The review has 

resulted in a proposed new management 

plan for the Sanctuary, some proposed 

changes to existing regulations, and 

some proposed new regulations. The 

proposed new regulations include 

prohibitions on: 

• Discharging or depositing from 

within or into the Sanctuary any 

material or matter from a cruise ship, 

except vessel engine cooling water; 

• 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; 

• Taking and possessing marine 

mammals, birds and sea turtles, except 

as authorized by the Marine Mammal 

Protection Act, as amended (16 U.S.C. 

1361 et seq.), the Endangered Species 

Act, as amended (16 U.S.C. 1531 et 

seq.), the Migratory Bird Treaty Act, as 

amended (16 U.S.C. 703 et seq.), and 

any regulations, as amended, 

promulgated under these acts; 

• 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, and 

except 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 this regulation; 

• Attracting a white shark in the 

Sanctuary, and approaching within 50 

meters of any white shark within the 

line approximating 2 nmi around the 

Farallon Islands; 

• Deserting a vessel within the 

Sanctuary adrift, at anchor or aground; 

• Leaving harmful matter aboard a 

grounded or deserted vessel in the 

Sanctuary; and 

• Anchoring a vessel in designated 

no-anchoring seagrass protection zones 

in Tomales Bay, except as necessary for 

mariculture operations conducted 

pursuant to a valid lease, permit or 

license. 

These measures would afford better 

protection to the nationally significant 

natural and cultural resources of 

GFNMS. 

Existing regulations would also be 

revised to: 

• Clarify that the Sanctuary includes 

the submerged lands within the 

Sanctuary boundary; 

• Permanently fix the shoreward 

boundary adjacent to Point Reyes 

National Seashore; 

• Clarify that discharges allowed from 

marine sanitation devices apply only to 

Type I and Type II marine sanitation 

devices, and that the vessel operators 

are required to lock all marine 

sanitation devices in a manner that 

prevents discharge of untreated sewage; 


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• Specify that the existing exception 

for discharging or depositing fish, fish 

parts, or chumming materials (bait) 

applies only to lawful fishing activities 

within the Sanctuary; 

• Remove an exception for 

discharging or depositing food waste 

resulting from meals on board vessels; 

• Remove an exception for 

discharging dredge material disposed of 

at the interim dumpsite; 

• Specify that attempting to move, 

remove or injure a sanctuary historical 

resource is prohibited; 

• Remove the exceptions to the 

discharging or depositing prohibition 

that pertain to discharge of municipal 

sewage; 

• Clarify that the exception for laying 

of pipelines is specific to pipelines 

related to hydrocarbon operations in 

leases adjacent to the Sanctuary; 

• Clarify that the routine maintenance 

exception to dredging or otherwise 

altering the seabed applies to docks and 

piers in Tomales Bay; and 

• Remove the ecological maintenance 

exception to the disturbing of the 

submerged lands prohibition. 

The permit regulations for the 

Sanctuary are also being revised and 

clarified. Proposed permit regulations 

would add a manager’s permit, which 

would be a new type of permit for 

GFNMS. Additionally, in deciding 

whether to issue a permit, the Director 

of the NMSP would be required to 

consider factors such as: Duration; 

effects on Sanctuary resources and 

qualities; potential indirect, secondary, 

or cumulative effects; and whether it is 

necessary to conduct the activity in the 

Sanctuary. In addition, the proposed 

modifications to the permit procedures 

and criteria (15 CFR 922.83) would 

further refine current requirements and 

procedures found in the general NMSP 

regulations (15 CFR 922.48(a) and (c)). 

The revised section would add language 

to the GFNMS permit regulations about 

procedures and criteria for permit 

renewal. The proposed modifications to 

the permit regulations would also 

expressly require that the permittee 

agree to hold the United States harmless 

against any claims arising out of the 

permitted activities. 

The proposed revised management 

plan for the Sanctuary contains a series 

of action plans that outline 

management, research, education, 

operational, and performance 

measurement activities that are planned 

for the next five years. The activities are 

designed to address specific issues 

facing the Sanctuary and, in doing so, 

would help achieve the mandates of the 

NMSP and the Sanctuary’s designation. 

This document publishes the 

proposed new regulations and the 

proposed changes to existing 

regulations, publishes the text of the 

proposed Revised Designation 

Document for the Sanctuary, and 

announces the availability of the draft 

management plan and the draft 

environmental impact statement (DMP/ 

DEIS). The existing GFNMS Designation 

Document was published at the time of 

Sanctuary designation in 1981 and, per 

the NMSA (at 16 U.S.C. 1434(a)(4)), 

describes the geographic area included 

within the Sanctuary, the characteristics 

of the area that give it conservation, 

recreational, ecological, historical, 

research, educational, or esthetic value, 

and the types of activities that are 

subject to regulation by the Secretary to 

protect those characteristics. The NMSP 

is proposing certain revisions to the 

Sanctuary’s Designation Document, 

which include changes to the 

description of the area, an updated and 

more complete description of 

characteristics that give the Sanctuary 

particular value, an updated 

explanation of the relation to other 

regulatory programs, and a number of 

substantive changes to the Sanctuary’s 

scope of regulations. 

Since designation, the area of GFNMS 

has been described as approximately 

948 square nautical miles. However, as 

a result of the proposed regulation 

changes that correct inaccuracies and 

ambiguities in the coordinates and the 

description of the Sanctuary’s outer and 

shoreline boundaries, the GFNMS area 

is now calculated as approximately 966 

square nautical miles. The legal 

description of GFNMS is proposed to be 

updated to reflect this change. This 

update would not constitute a change in 

the geographic area of the Sanctuary but 

rather a more precise estimate of its size. 

Because this proposed action includes 

changes to the Sanctuary’s Designation 

Document, the DMP/DEIS is developed 

pursuant to section 304(a)(2) of the 

NMSA, 16 U.S.C. 1434(a)(2), consistent 

with, and in fulfillment of, the 

requirements of the National 

Environmental Policy Act of 1969. 

Sanctuary Environment 

Designated on January 16, 1981, (46 

FR 7936) the Gulf of the Farallones 

National Marine Sanctuary (GFNMS) 

lies off the coast of California, to the 

west and north of San Francisco. The 

GFNMS is composed of offshore waters 

extending out to and around the 

Farallon Islands and nearshore waters 

(up to the mean high tide line) from 

Bodega Head to Rocky Point in Marin. 

The GFNMS is characterized by the 

widest continental shelf on the west 

coast of the contiguous United States. In 

the Gulf of the Farallones, the shelf 

reaches a width of 32 nautical miles (59 

km). Shoreward of the Farallon Islands, 

the continental shelf is a relatively flat 

sandy/muddy plain, which slopes 

gently to the west and north from the 

mainland shoreline. It provides an 

especially large and relatively shallow 

(120 meters) habitat for coastal and 

oceanic seabirds, marine mammals, and 

fish. 

The Farallon Islands lie along the 

outer edge of the continental shelf, 

between 13 and 19 nautical miles (24 

and 35 km) southwest of Point Reyes 

and approximately 26 nautical miles (48 

km) due west of San Francisco. The 

islands are located on part of a larger 

submarine ridge that extends 

approximately 10 nautical miles along 

the shelf edge. These islands provide 

essential habitat for seabirds and marine 

mammals. 

In addition to sandy beaches, rocky 

cliffs, small coves, and offshore stacks, 

the GFNMS includes open bays (Bodega 

Bay, Drakes Bay) and enclosed bays or 

estuaries (Bolinas Lagoon, Tomales Bay, 

Estero Americano, and Estero de San 

Antonio). The open bays are sheltered 

from prevailing southward flows and 

allow some plankton to be retained 

there. Water and water-borne materials 

in the enclosed bays are exchanged with 

coastal waters through tidal currents, 

although inner bay waters may be 

resident for long periods. The mouths of 

the two Esteros are closed during 

summer and fall, but the mouths of 

Tomales and Bolinas remain open yearround. Tomales Bay, Bolinas Lagoon 

and Bodega Bay lie on the San Andreas 

Fault. 

Offshore, currents are dominated by 

the seasonal winds. Lying inshore of the 

large California Current, these waters 

are characterized by wind-driven 

upwelling, high nutrient supply and 

high levels of phytoplankton. The inner 

Gulf of Farallones is also influenced by 

outflow from San Francisco Bay. 

During the spring-summer upwelling 

season (typically March–July), strong 

northerly winds drive surface waters 

offshore (due to the Coriolis effect) and 

cold deep waters are upwelled to the 

surface over the continental shelf. These 

waters are rich in nutrients and feed 

very high levels of primary production 

near-surface. The resultant 

phytoplankton blooms are the 

foundation of the rich GFNMS food 

webs, involving zooplankton, benthic 

invertebrates, fish, birds, and mammals. 

Over the middle and outer shelf, 

currents are strongly southward, but 

nearshore flow patterns are mixed. 

During brief periods of weak winds 


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(relaxation periods), much of the inner 

and mid-shelf waters move as currents 

north along the coast past Point Reyes 

and Bodega Head. Phytoplankton levels 

peak during these relaxation periods. At 

depth along the shelf-edge, the 

California Undercurrent carries cold 

high-salinity waters north, providing a 

source for upwelling. And, nearshore, 

the San Francisco Bay and other 

outflows are carried south by the 

prevailing coastal currents. 

In the fall, upwelling winds weaken 

and water temperatures increase. 

Sometimes known as the oceanic 

season, this period (typically August–

November) is also characterized by 

onshore flow of oceanic surface waters 

(warmer and lower salinity). Periods of 

upwelling winds and phytoplankton 

blooms do still occur during the fall. 

Winter in the GFNMS is characterized 

by the passage of rain-bearing cold 

fronts, accompanied by westerly and 

southerly winds that drive northward 

flow and downwelling over the shelf. 

While these fronts characterize the 

months of December through March, 

northerly upwelling winds are equally 

common and many upwelling events are 

also observed (although phytoplankton 

blooms are weak owing to the lower 

levels of light in winter). During the 

downwelling events, surface waters 

move onshore and land runoff is held 

nearshore. Further, large runoff plumes 

are also subject to the Coriolis effect and 

the San Francisco Bay outflow typically 

remains nearshore and moves north 

around Point Reyes following major rain 

and runoff events. Lowest salinities are 

observed in the GFNMS during this 

winter runoff season. 

Both offshore, in the core of the 

California Current, and in the waters 

over the shelf, flows exhibit a 

complexity due to eddies. In the coastal 

waters of the GFNMS, fast flow past 

headlands like Point Reyes and Bodega 

Head creates eddies that may then move 

through the region. This interaction of 

flow with the coastline results in a 

partial retention of these rich, upwelled 

waters and helps explain the high levels 

of plankton, fish, mammals and birds 

observed in this region—marine life 

protected by the Sanctuary. 

Proposed Revised Designation 

Document 

The Designation Document for the 

Sanctuary contains the terms of 

designation as defined in the NMSA (16 

U.S.C. 1434(a)(4)). NOAA is proposing 

some changes to the Designation 

Document as part of this management 

plan review process. Specifically, 

NOAA is proposing to clarify in the 

Designation Document that the 

submerged lands at GFNMS are legally 

part of the Sanctuary and are included 

in the boundary description. At the time 

the Sanctuary was designated in 1981, 

Title III of the Marine Protection, 

Research, and Sanctuaries Act (now also 

known as the NMSA) characterized 

national marine sanctuaries as 

consisting of coastal and ocean waters 

but did not expressly mention 

submerged lands thereunder. NOAA has 

consistently interpreted its authority 

under the NMSA as extending to 

submerged lands, and amendments to 

the NMSA in 1984 (Pub. L. 98–498) 

clarified that submerged lands may be 

designated by the Secretary of 

Commerce as part of a national marine 

sanctuary (16 U.S.C. 1432(3)). Therefore, 

NOAA is updating the Designation 

Document and the boundary 

description, and is also replacing the 

term ‘‘seabed’’ with ‘‘submerged lands.’’

Additionally, boundary coordinates in 

the revised Designation Document and 

in the sanctuary regulations would be 

expressed by coordinates based on the 

North American Datum of 1983 (NAD 

83). 

NOAA also proposes to modify the 

Designation Document to authorize 

Sanctuary regulation of: Discharging or 

depositing from beyond the boundary of 

the Sanctuary; possessing, moving, 

removing, or injuring, or attempting to 

possess, move, remove, or injure, a 

Sanctuary historical resource; taking or 

possessing any marine mammal, sea 

turtle, or bird within or above the 

Sanctuary except as permitted by the 

Marine Mammal Protection Act, 

Endangered Species Act, and the 

Migratory Bird Treaty Act; releasing or 

otherwise introducing from within or 

into the Sanctuary an introduced 

species; attracting or approaching any 

animal; and operating a vessel (i.e., 

watercraft of any description) within the 

Sanctuary, including but not limited to, 

anchoring or deserting. These proposed 

revisions to and addition of new 

activities subject to Sanctuary regulation 

would enable new and emerging 

resource management issues to be 

addressed, and are necessary in order to 

ensure the protection, preservation, and 

management of the conservation, 

recreational, ecological, historical, 

cultural, educational, archeological, 

scientific, and esthetic resources and 

qualities of the Sanctuary. 

Additional proposed changes to the 

Designation Document would provide: 

An updated and more complete 

description of characteristics that give 

the Sanctuary particular value; greater 

clarity on the applicability of Sanctuary 

emergency regulations (and consistent 

with the National Marine Sanctuary 

Program regulations of general 

applicability, 15 CFR part 922, subpart 

E); an updated explanation of the effect 

of Sanctuary authority on preexisting 

leases, permits, licenses, and rights; and 

various minor revisions to conform 

wording of the Designation Document, 

where appropriate, to wording used for 

more recently designated sanctuaries. In 

Article V (Relation to Other Regulatory 

Programs), the ‘‘Fishing and Waterfowl 

Hunting’’ section is being revised to 

clarify the original intent that, although 

the Sanctuary does not have authority to 

regulate fishing, fishing vessels may be 

regulated with respect to discharge and 

anchoring in accordance with Article 

IV. No changes are proposed to be made 

to the ‘‘Defense Activities’’ section of 

the Designation Document. 

An additional proposed change to the 

Designation Document would update 

Article VI regarding the process to 

modify the Designation. This change 

would delete the requirement that 

modifications to the Designation must 

be approved by the President of the 

United States and would require instead 

that changes be approved by the 

Secretary of Commerce or his or her 

designee. This would be consistent with 

amendments to the NMSA that were 

enacted after the Sanctuary was 

designated in 1981 and which removed 

Presidential approval as a requirement 

for designation. 

The NMSP has carefully considered 

existing state and federal authorities in 

proposing new regulatory authorities to 

ensure protection and management of 

sanctuary resources. Proposed new 

authorities are intended to complement 

existing authorities. 

Proposed Revised Designation 

Document for Gulf of the Farallones 

National Marine Sanctuary 

Preamble 

Under the authority of Title III of the 

Marine Protection, Research and 

Sanctuaries Act of 1972, Public Law 92–

532 (the Act), the waters and submerged 

lands along the Coast of California north 

and south of Point Reyes Headlands, 

between Bodega Head and Rocky Point 

and surrounding the Farallon Islands, 

are hereby designated a Marine 

Sanctuary for the purposes of preserving 

and protecting this unique and fragile 

ecological community. 

Article I. Effect of Designation 

Within the area designated in 1981 as 

The Point Reyes/ Farallon Islands 

Marine Sanctuary (the Sanctuary) 

described in Article II, the Act 

authorizes the promulgation of such 

regulations as are reasonable and 


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necessary to protect the values of the 

Sanctuary. Section 1 of Article IV of this 

Designation Document lists activities of 

the types that are either to be regulated 

on the effective date of final rulemaking 

or may have to be regulated at some 

later date in order to protect Sanctuary 

resources and qualities. Listing does not 

necessarily mean that a type of activity 

will be regulated; however, if a type of 

activity is not listed it may not be 

regulated, except on an emergency 

basis, unless section 1 of Article IV is 

amended to include the type of activity 

by the same procedures by which the 

original designation was made. 

Article II. Description of the Area 

The Sanctuary consists of an area of 

the waters and the submerged lands 

thereunder adjacent to the coast of 

California of approximately 966 square 

nautical miles (nmi), extending seaward 

to a distance of 6 nmi from the 

mainland and 12 nmi from the Farallon 

Islands and Noonday Rock, and 

including the intervening waters and 

submerged lands. The precise 

boundaries are defined by regulation. 

Article III. Characteristics of the Area 

That Give it Particular Value 

The Sanctuary includes a rich and 

diverse marine ecosystem and a wide 

variety of marine habitats, including 

habitat for over 36 species of marine 

mammals. Rookeries for over half of 

California’s nesting marine bird and 

nesting areas for at least 12 of 16 known 

U.S. nesting marine bird species are 

found within the boundaries. Abundant 

fish and shellfish are also found within 

the Sanctuary. 

Article IV. Scope of Regulation 

Section 1. Activities Subject to 

Regulation. The following activities are 

subject to regulation, including 

prohibition, as may be necessary to 

ensure the management, protection, and 

preservation of the conservation, 

recreational, ecological, historical, 

cultural, archeological, scientific, 

educational, and aesthetic resources and 

qualities of this area: 

a. Hydrocarbon operations. 

b. Discharging or depositing any 

substance within or from beyond the 

boundary of the Sanctuary. 

c. 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. 

d. Activities regarding cultural or 

historical resources. 

e. Introducing or otherwise releasing 

from within or into the Sanctuary an 

introduced species. 

f. Taking or possessing any marine 

mammal, marine reptile, or bird within 

or above the Sanctuary except as 

permitted by the Marine Mammal 

Protection Act, Endangered Species Act 

and Migratory Bird Treaty Act. 

g. Attracting or approaching any 

animal. 

h. Operating a vessel (i.e., watercraft 

of any description) within the 

Sanctuary, including, but not limited to, 

anchoring or deserting. 

Section 2. Consistency with 

International Law. The regulations 

governing the activities listed in section 

1 of this Article will apply to foreign 

flag vessels and persons not citizens of 

the United States only to the extent 

consistent with recognized principles of 

international law, including treaties and 

international agreements to which the 

United States is signatory. 

Section 3. Emergency Regulations. 

Where necessary to prevent or minimize 

the destruction of, loss of, or injury to 

a Sanctuary resource or quality, or 

minimize the imminent risk of such 

destruction, loss, or injury, any and all 

activities, including those not listed in 

section 1 of this Article, are subject to 

immediate temporary regulation, 

including prohibition. 

Article V. Relation to Other Regulatory 

Programs 

Section 1. Fishing and Waterfowl 

Hunting. The regulation of fishing, 

including fishing for shellfish and 

invertebrates, and waterfowl hunting, is 

not authorized under Article IV. 

However, fishing vessels may be 

regulated with respect to vessel 

operations in accordance with Article 

IV, section 1, paragraphs (b) and (h), and 

mariculture activities involving 

alterations of or construction on the 

seabed, or release of introduced species 

by mariculture activities not covered by 

a valid lease from the State of California 

and in effect on the effective date of the 

final regulation, can be regulated in 

accordance with Article IV, section 1, 

paragraph (c) and (e). All regulatory 

programs pertaining to fishing, and to 

waterfowl hunting, including 

regulations promulgated under the 

California Fish and Game Code and 

Fishery Management Plans promulgated 

under the Magnuson-Stevens Fishery 

Conservation and Management Act of 

1976, 16 U.S.C 1801 et seq., will remain 

in effect, and all permits, licenses, and 

other authorizations issued pursuant 

thereto will be valid within the 

Sanctuary unless authorizing any 

activity prohibited by any regulation 

implementing Article IV. 

The term ‘‘fishing’’ as used in this 

Article and in Article IV includes 

mariculture. 

Section 2. Defense Activities. The 

regulation of activities listed in Article 

IV shall not prohibit any Department of 

Defense activity that is essential for 

national defense or because of 

emergency. Such activities shall be 

consistent with the regulations to the 

maximum extent practicable. 

Section 3. Other Programs. All 

applicable regulatory programs will 

remain in effect, and all permits, 

licenses, and other authorizations 

issued pursuant thereto will be valid 

within the Sanctuary unless authorizing 

any activity prohibited by any 

regulation implementing Article IV. The 

Sanctuary regulations will set forth any 

necessary certification procedures. 

Article VI. Alterations to This 

Designation 

The terms of designation, as defined 

under section 304(a) of the Act, may be 

modified only by the same procedures 

by which the original designation is 

made, including public hearings, 

consultation with interested Federal, 

State, and local agencies, review by the 

appropriate Congressional committees 

and Governor of the State of California, 

and approval by the Secretary of 

Commerce or designee. 

[END OF DESIGNATION DOCUMENT] 

Summary of the Proposed Regulatory 

Amendments 

The proposed regulatory changes 

would clarify that ‘‘submerged lands’’

are within the Sanctuary boundary, i.e. 

part of the Sanctuary. This would 

update the boundary regulation to make 

it consistent with the NMSA and the 

revised Designation Document. (See 

explanation of boundary clarification in 

preceding discussion of proposed 

revised Designation Document.) The 

Sanctuary’s outer boundary coordinates 

and description of the shoreline 

boundary demarcation are also 

proposed for technical corrections using 

the North American Datum of 1983, and 

to clarify that the shoreline boundary is 

the Mean High Water Line (MHWL) of 

island shores. Since designation the area 

of GFNMS has been described as 

approximately 948 square nautical 

miles. However, adjusting for technical 

corrections and using updated 

technologies, the GFNMS area is now 

calculated as approximately 966 square 

nautical miles. The legal description of 

GFNMS is proposed to be updated to 

reflect this change. This update would 


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not constitute a change in the 

geographic area of the Sanctuary but 

rather a more precise estimate of its size. 

The proposed regulatory changes 

would include permanently fixing the 

shoreward boundary of the Sanctuary 

that is adjacent to Point Reyes National 

Seashore (PRNS). The 1981 sanctuary 

designation linked that portion of the 

boundary to the seaward limit of PRNS. 

Since then, PRNS has made at least two 

boundary modifications in areas 

adjacent to the sanctuary, requiring the 

sanctuary to redefine its own boundary, 

the geographic extent of its authority, 

and enforcement and implementation of 

programs. Fixing the shoreward 

boundary of the Sanctuary that is 

adjacent to PRNS as it was at the time 

of Sanctuary designation in 1981 by 

coordinates using the North American 

Datum of 1983 would ensure 

consistency and continuity for the 

sanctuary boundary, sanctuary 

management and user groups. 

The proposed regulations would also 

clarify and otherwise modify the 

existing (1981) regulation prohibiting 

discharging or depositing any material 

or other matter. Clarifications would be 

made to make it clear that the regulation 

applies to discharges and deposits 

‘‘from within or into the Sanctuary’’

(‘‘into’’ is intended to make clear that 

the prohibition would apply not only to 

discharges and deposits originating in 

the Sanctuary (e.g., from vessels in the 

Sanctuary), but also, for example, from 

discharges and deposits above the 

Sanctuary, such as from aircraft and 

from outside the Sanctuary such as 

outfall pipes). The exception for fish, 

fish parts, or chumming materials (bait) 

is clarified so that it applies only to 

such discharges or deposits made 

during the conduct of lawful fishing 

activity within the Sanctuary. The 

exception for biodegradable effluent 

discharges from marine sanitation 

devices is clarified to apply only to 

operable Type I or II marine sanitation 

devices approved by the United States 

Coast Guard in accordance with the 

Federal Water Pollution Control Act, as 

amended. Although the existing 

exception for vessel wastes ‘‘generated 

by marine sanitation devices’’ was 

intended to prohibit the discharge of 

untreated sewage into the Sanctuary, the 

proposed change would clarify that 

such discharges are only allowed if 

generated by Type I or II marine 

sanitation devices. (Type I and Type II 

marine sanitation devices treat wastes, 

but Type III marine sanitation devices 

store waste until it is removed at 

designated pump-out stations on shore 

or discharged at sea.) 

The discharge and deposit regulation 

would be modified by removing the 

exception for discharging or depositing 

food waste resulting from meals 

onboard vessels. Coast Guard 

regulations prohibit discharge of food 

wastes (garbage) within three nmi and 

prohibit discharge of food wastes unless 

ground to less than one inch within 

three to twelve nmi. The proposed 

Sanctuary regulation modification 

would mirror the Coast Guard 

regulations within three nmi and 

provide increased protection to 

Sanctuary resources and qualities from 

such marine debris vis-a`-vis the Coast 

Guard regulations in the area of the 

Sanctuary beyond three nmi. 

No other changes are being made to 

the exceptions that allow discharge of 

water (including vessel cooling water) 

and other biodegradable effluents 

incidental to vessel use of the Sanctuary 

generated by routine vessel maintenance 

(e.g., deck wash down) and engine 

exhaust. These exceptions do not 

include and, therefore, it continues to be 

prohibited to discharge, ballast water or 

oily wastes resulting from bilge 

pumping. Ballast water is a known 

vector for introduced species and other 

contaminants from the source area. The 

discharge of oily wastes from bilge 

pumping is interpreted here to mean 

any waste that produces a visible sheen. 

The proposed clarifications and 

modifications are intended to achieve 

increased protection of Sanctuary 

resources and qualities. 

The discharge and deposit regulation 

would be augmented by adding a 

prohibition on discharging or depositing 

any material or other matter from 

beyond the boundary of the Sanctuary 

that subsequently enters the Sanctuary 

and injures a Sanctuary resource or 

quality. ‘‘Sanctuary resource’’ is defined 

at 15 CFR 922.3 as ‘‘any living or nonliving resource of a National Marine 

Sanctuary that contributes to the 

conservation, recreational, ecological, 

historical, research, educational, or 

aesthetic value of the Sanctuary, 

including, but not limited to, the 

substratum of the area of the Sanctuary, 

other submerged features and the 

surrounding seabed, carbonate rock, 

corals and other bottom formations, 

coralline algae and other marine plants 

and algae, marine invertebrates, brineseep biota, phytoplankton, zooplankton, 

fish, seabirds, sea turtles and other 

marine reptiles, marine mammals and 

historical resources.’’ ‘‘Sanctuary 

quality’’ is defined at 15 CFR 922.3 as 

‘‘any of those ambient conditions, 

physical-chemical characteristics and 

natural processes, the maintenance of 

which is essential to the ecological 

health of the Sanctuary, including, but 

not limited to, water quality, sediment 

quality and air quality.’’ This 

modification would provide consistency 

with the regulatory language of other 

more recently designated sanctuaries, 

and help to protect Sanctuary resources 

and qualities from harmful influences 

originating outside the boundaries of the 

GFNMS. The coastal waters of the 

sanctuary, particularly the estuarine 

habitats of Bolinas Lagoon, Tomales 

Bay, Estero Americano and Estero de 

San Antonio, are vulnerable to landbased nonpoint source pollution from 

outside the sanctuary. Sources of 

concern include runoff, agriculture, 

marinas and boating activities, past 

mining, and aging and undersized septic 

systems. Water quality in offshore areas 

of the sanctuary could be threatened or 

impacted by large or continuous 

discharges from shore, spills by vessels, 

illegal dumping activities or residual 

contaminants from past dumping 

activities. The threat of an offshore oil 

spill is a constant reality near the busy 

shipping lanes in and adjacent to the 

sanctuary. This new proposed 

regulatory action would contribute to 

increased protection of water quality, 

impacting both physical and biological 

resources in the sanctuary. 

The proposed regulations would also 

modify the existing (1981) regulation 

prohibiting discharging or depositing 

any material or other matter by 

removing the exception of dredge 

material disposed of at the interim 

dumpsite, and the discharge of 

municipal sewage if certified in 

accordance with 922.84. The interim 

dumpsite, located approximately 10 nmi 

south of Southeast Farallon Island, is no 

longer in use as the permanent 

dumpsite has been selected and in use 

for more than fifteen years, making this 

a remnant and an outdated exception to 

the discharge regulation. Additionally, 

at the time of designation of the 

sanctuary in 1981, there was no permit, 

license or authorization that had been 

issued within the sanctuary for 

municipal sewage discharge. No 

applications have been submitted for 

more than 25 years, thus NOAA finds it 

unnecessary to maintain this exception 

to the discharge regulation. By removing 

these two exceptions, the discharge 

regulation has been streamlined, 

focusing on current and necessary 

exceptions to the prohibition. 

The proposed exceptions to the 

revised discharge and deposit regulation 

would restrict cruise ships to 

discharging only vessel cooling water 

into the Sanctuary. ‘‘Cruise ship’’ is 

defined to mean: A vessel with 250 or 

more passenger berths for hire. The 


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prohibition would protect Sanctuary 

water quality from the potentially large 

volume of wastewater that may be 

discharged by cruise ships, while 

allowing for them to transit the 

Sanctuary. Currently 643,000 cruise 

ship passengers embark annually from 

California ports in San Francisco Bay, 

Los Angeles, and San Diego. Ninety 

cruise ship arrivals and departures 

(Metropolitan Stevedore Company) are 

estimated at the San Francisco 

Passenger Terminal in 2006. Many of 

these cruise ships will be entering and 

exiting the Bay through the northbound 

vessel traffic lanes, which transit 

through the Sanctuary. Although partly 

constrained by the lack of local docking 

facilities, cruise ship visits are likely to 

continue to increase as the fleet shifts 

from international to more domestic 

cruises, and begins using a new cruise 

ship docking facility planned for San 

Francisco Bay. Due to their sheer size 

and passenger capacity, cruise ships can 

cause serious impacts to the marine 

environment. The main pollutants 

generated by a cruise ship are: Sewage, 

also referred to as black water; gray 

water; oily bilge water; hazardous 

wastes, and solid wastes. Based on EPA 

estimates, in one week a 3,000- 

passenger cruise ship generates about 

210,000 gallons of sewage, 1,000,000 

gallons of gray water, 37,000 gallons of 

oily bilge water, more than 8 tons of 

solid waste, millions of gallons of 

ballast water containing potentially 

invasive species, and toxic wastes from 

dry cleaning and photo-processing 

laboratories. Although cruise ships 

discharge waste from a single source, 

they are exempted from regulation 

under the Clean Water Act (CWA) point 

source permitting system. The CWA 

allows the discharge of untreated black 

water anywhere beyond three miles 

from shore, and does not require any 

treatment of gray or ballast water. 

The proposed regulatory changes 

would also modify the existing 

prohibition against altering the seabed 

of the Sanctuary or constructing a 

structure thereupon. The term ‘‘seabed’’

would be replaced with ‘‘submerged 

lands’’ to be consistent with language 

used in the NMSA. The proposed 

regulations would clarify that the 

existing (1981) regulation prohibiting 

disturbance to the submerged lands 

except for the laying of pipelines is 

specific to pipelines related to 

hydrocarbon operations in leases 

adjacent to the Sanctuary as referenced 

in 15 CFR 922.82 (1) and in accordance 

with section 922.84: ‘‘Pipelines related 

to hydrocarbon operations outside the 

sanctuary may be placed at a distance 

greater than 2 nmi from the Farallon 

Islands, Bolinas Lagoon, and any Areas 

of Special Biological Significance 

(ASBS) where certified to have no 

significant effect on sanctuary resources 

in accordance with section 922.’’

Clarifying that the laying of pipelines is 

specifically limited to hydrocarbon 

operations adjacent to the Sanctuary 

(i.e., bordering) rather than anywhere 

outside the Sanctuary will protect 

sensitive sanctuary benthic habitats 

from impacts from disturbance. 

The proposed regulations would 

modify the existing (1981) regulation 

prohibiting disturbance to the 

submerged lands, by removing the 

exception for ecological maintenance. 

Ecological maintenance is not defined 

in the regulations or administrative 

record, making it difficult to interpret, 

and thus is being removed to streamline 

the regulatory language. There is no 

record of the ecological maintenance 

exception ever having been used. 

The proposed regulatory changes 

would also specify that abandoning, by 

which is meant leaving without intent 

to remove, any structure, material, or 

other matter on or in the submerged 

lands of the Sanctuary is prohibited. 

This change would be consistent with 

similar regulations at more recently 

designated sanctuaries and would help 

protect the Sanctuary from debris (e.g., 

wrecked vessels or seabed research 

equipment) abandoned by Sanctuary 

users. 

The proposed regulatory changes 

would also include a modification to the 

existing (1981) prohibition on removing 

or damaging any historical or cultural 

resource. The proposed modification 

would add ‘‘moving’’ and ‘‘possessing’’

to the existing prohibition; would 

replace ‘‘damage’’ with ‘‘injure,’’ a term 

defined at 15 CFR 922.3; and add 

‘‘attempting’’ to move, remove, injure, 

or possess as a prohibition. The intent 

of this modification is to provide added 

protection to these fragile, finite, and 

non-renewable resources so they may be 

studied, and so appropriate information 

about them may be made available for 

the benefit of the public. The proposed 

regulation would also replace 

‘‘historical or cultural resource’’ with 

‘‘Sanctuary historical resource’’ to be 

consistent with regulatory language 

used at several other more recently 

designated national marine sanctuaries. 

(‘‘Historical resource’’ is defined in 

NMSP program-wide regulations as 

‘‘any resource possessing historical, 

cultural, archaeological or 

paleontological significance, including 

sites, contextual information, structures, 

districts, and objects significantly 

associated with or representative of 

earlier people, cultures, maritime 

heritage, and human activities and 

events. Historical resources include 

‘‘submerged cultural resources,’’ and 

also include ‘‘historical properties,’’ as 

defined in the National Historic 

Preservation Act, as amended, and its 

implementing regulations, at 15 CFR 

922.3). 

The proposed regulatory changes 

would also include a new prohibition 

on take of marine mammals, birds, and 

sea turtles, except as expressly 

authorized by the Marine Mammal 

Protection Act, as amended (16 U.S.C. 

1361 et seq.) (MMPA), Endangered 

Species Act, as amended (16 U.S.C. 

1531 et seq.) (ESA), Migratory Bird 

Treaty Act, as amended (16 U.S.C. 703 

et seq.) (MBTA), or any regulation, as 

amended, promulgated under one of 

these acts. The intent of this regulation 

is to bring a special focus to protection 

of the diverse and vital marine mammal 

and bird populations and the sea turtles 

of the Sanctuary. This area-specific 

focus is complementary to the efforts of 

other resource protection agencies, 

especially given that other federal and 

state authorities must spread limited 

resources over much wider geographic 

areas. This regulation would be 

consistent with regulations at several 

other more recently designated national 

marine sanctuaries, and would provide 

additional deterrence per the higher 

civil penalties afforded under the 

NMSA than the penalties provided by 

the MMPA, ESA, and MBTA. Further, 

the prohibition would cover all marine 

mammals, sea turtles, and birds 

(including, but not limited to, seabirds, 

shorebirds and waterfowl) within or 

above the Sanctuary. The Sanctuary’s 

proposed regulation would not apply if 

an activity (including a federally or 

state-approved fishery) that does or 

might cause take of marine mammals, 

birds or sea turtles has been expressly 

authorized to do so under the MMPA, 

ESA, or MBTA or an implementing 

regulation. With this proposed 

regulation, if the National Marine 

Fisheries Service (NMFS) or the United 

States Fish and Wildlife Service 

(USFWS) issues a permit for the take of 

a marine mammal, bird, or sea turtle, 

the permitted taking would be allowed 

under NMSP regulations and therefore 

would not require a permit from the 

Sanctuary unless the activity would also 

violate another Sanctuary regulation. 

The proposed regulatory changes 

would also prohibit possessing within 

the Sanctuary (regardless of where 

taken, moved, or removed from) any 

marine mammal, bird, or sea turtle 

except as authorized under the MMPA, 

the ESA, the MBTA, and any 


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regulations, as amended, promulgated 

under these acts. This proposed 

regulation serves to provide a stronger 

deterrent for violations of existing laws 

protecting marine mammals, birds, or 

sea turtles, than that offered by those 

other laws alone. This proposed 

regulation would also be consistent with 

recent regulations adopted by other 

national marine sanctuaries and would 

enhance protection provided by the 

prohibition on take of marine mammals, 

birds and sea turtles (see above). With 

this proposed regulation, if NMFS or the 

USFWS issues a permit for the 

possession of a marine mammal, bird, or 

sea turtle, the permitted activity would 

be allowed under NMSP regulations and 

therefore would not require a permit 

from the Sanctuary unless the activity 

would also violate another Sanctuary 

regulation. 

‘‘Take’’ is defined in the NMSP 

program-wide regulations at 15 CFR 

922.3. The proposed prohibition on take 

of marine mammals, birds, and sea 

turtles would complement the current 

regulation prohibiting disturbing birds 

or marine mammals by flying motorized 

aircraft at less than 1000 feet over the 

waters within one nmi of the Farallon 

Islands, Bolinas Lagoon, or any ASBS. 

The current regulation remains unique 

and important in that it provides special 

focus on a specific type of activity, 

operation of motorized aircraft, within 

particularly sensitive environments of 

the Sanctuary. The current regulation 

includes several exceptions (for 

enforcement purposes, or to transport 

persons or supplies to or from an 

Island), that would remain subject to the 

prohibitions of the MMPA, ESA and the 

MBTA, and any regulations, as 

amended, promulgated under these acts. 

The proposed regulatory changes 

would prohibit releasing or otherwise 

introducing from within or into the 

Sanctuary an introduced species, except 

striped bass (Morone saxatilis) released 

during catch and release fishing activity; 

and except 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 this regulation, 

provided that the renewal by the State 

of any authorization does not increase 

the type of introduced species being 

cultivated or the size of the area under 

cultivation with introduced species. 

‘‘Introduced species’’ is defined to 

mean: (1) A species (including any of its 

biological matter capable of 

propagation) that is non-native to the 

ecosystems protected by the Sanctuary; 

or (2) any organism into which genetic 

matter from another species has been 

transferred in order that the host 

organism acquires the genetic traits of 

the transferred genes. The prohibition 

would not apply to activities such as the 

release of striped bass (Morone saxatilis) 

during catch and release fishing activity 

because the fish was already present in 

the Sanctuary and its release would not 

constitute an ‘‘introduction.’’ Striped 

bass were intentionally introduced in 

California in 1879, and in 1980 the 

California Department of Fish and Game 

initiated a striped bass hatchery 

program to support the striped bass 

sport fishery, which according to the 

California Department of Fish and Game 

is one of the most important fisheries on 

the Pacific Coast. The California 

Department of Fish and Game manages 

the striped bass fishery through a 

Striped Bass Management Conservation 

Plan. 

There are currently twelve active state 

water bottom mariculture leases in 

Tomales Bay managed by the California 

Department of Fish and Game. Three of 

those leases have been recently 

renewed: M–430–19 (Marin Oyster 

Company, 2001), M430–05 (Tomales 

Bay Oyster Company, 2002), and M–

430–06 (Cove Mussel Company, 2002). 

The other nine leases were issued in the 

1980s and have not yet come up for 

renewal. The exception to the 

introduced species prohibition would 

grandfather in the current lease 

agreements that are in effect on the 

effective date of the final regulation and 

allow for the introduction of introduced 

species as specified in these lease 

agreements. However, any new lease 

agreements executed after this date 

would be subject to this prohibition. 

Operations conducted under new lease 

agreements could cultivate native 

species but would be subject to the 

prohibition regarding introduced 

species. NOAA is not aware of any 

pending lease applications. 

This prohibition is designed to help 

reduce the risk from introduced species, 

including their seeds, eggs, spores, and 

other biological material capable of 

propagating. The intent of the 

prohibition is to prevent injury to 

Sanctuary resources and qualities, to 

protect the biodiversity of the Sanctuary 

ecosystems, and to preserve the native 

functional aspects of the Sanctuary 

ecosystems, all of which are put at risk 

by introduced species. Introduced 

species may become a new form of 

predator, competitor, disturber, parasite, 

or disease that can have devastating 

effects upon ecosystems. For example, 

introduced species impacts on native 

coastal marine species of the Sanctuary 

could include: Replacement of a 

functionally similar native species 

through competition; reduction in 

abundance or elimination of an entire 

population of a native species, which 

can affect native species richness; 

inhibition of normal growth or 

increased mortality of the host and 

associated species; increased intra- or 

interspecies competition with native 

species; creation or alteration of original 

substrate and habitat; hybridization 

with native species; and direct or 

indirect toxicity (e.g., toxic diatoms). 

Changes in species interactions can lead 

to disrupted nutrient cycles and altered 

energy flows that ripple with 

unpredictable results through an entire 

ecosystem. Introduced species may also 

pose threats to endangered species and 

native species diversity. A number of 

non-native species now found in the 

Gulf of the Farallones region were 

introduced elsewhere on the west coast 

but have spread through hull-fouling 

and accidental introductions. 

The proposed regulatory changes 

would prohibit approaching within 50 

meters of a white shark within 2 nmi 

around the Farallon Islands and prohibit 

attracting any white shark within the 

Sanctuary. 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). Harassment and 

disturbance related to human 

interaction is increasing from 

controversial shark diving programs 

known as adventure tourism. These 

programs may degrade the natural 

environment, impacting the species as a 

whole, and individual sharks that may 

be negatively impacted from repeated 

encounters with humans and boats. 

Implementing these regulations will 

resolve user conflicts (shark researchers 

vs. adventure tourism) and prevent 

interference with the seasonal feeding 

behavior of white sharks. Reducing 

human interaction and chumming 

would decrease the impacts on natural 

shark behavior. 

The proposed regulatory changes 

would add a new prohibition on 

deserting a vessel within the sanctuary. 

In particular, Tomales Bay is believed to 

have more than 100 derelict vessels. 

Leaving vessels unattended increases 

the likelihood of a calamitous event, or 

the risk of sinking. These events could 

result in the discharge of harmful 

toxins, chemicals or oils into the marine 

environment, reducing water quality 

and impacting biological resources and 

habitats. The proposed regulation would 

help to protect biological resources from 


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the threat posed by derelict vessels. 

Deserting means: leaving a vessel 

aground or adrift: (1) 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; (2) after 

expressing or otherwise manifesting 

intention not to undertake or to cease 

salvage efforts; or (3) 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. Deserting also 

means 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. 

The proposed regulatory changes 

would add a new prohibition on leaving 

harmful matter aboard a grounded or 

deserted vessel in the Sanctuary. Once 

a vessel is grounded there is a high risk 

of discharge/deposit of harmful matter 

into the marine environment. Harmful 

matter aboard a deserted vessel also 

poses a threat to water quality. 

Currently, preemptive removal of 

harmful substance (e.g., motor oil) is not 

required by regulation. This prohibition 

would help reduce or avoid harm to 

Sanctuary resources and qualities from 

potential leakage of hazardous or other 

harmful matter from a vessel. 

The proposed regulatory changes 

would add a new prohibition on 

anchoring a vessel in a designated noanchoring seagrass protection zone in 

Tomales Bay. This prohibition would 

not apply to vessels anchoring as 

necessary for mariculture operations 

that are conducted pursuant to a valid 

lease, permit, or license. For the 

purposes of this regulation, anchoring 

refers to the dropping and placement of 

an anchor that is attached to a vessel, 

and which, being cast overboard, retains 

the vessel in a particular station. There 

are a total of seven no-anchoring zones 

proposed as part of this regulation, 

which comprise 22% of the surface area 

of Tomales Bay. The zones encompass 

the known seagrass coverage areas, as 

based upon data provided by California 

Department of Fish and Game from 

1992, 2000, 2001 and 2002. The location 

and coverage area of seagrass beds can 

change over time. The adequacy of these 

zones will be reviewed and updated 

periodically, as needed, based on new 

seagrass monitoring data. 

This prohibition is intended to protect 

seagrass beds in Tomales Bay from the 

destructive effects of anchoring vessels. 

Seagrass means any species of marine 

angiosperms (flowering plants) that 

inhabit portions of the seabed in the 

Sanctuary. Those species include, but 

are not limited to: Zostera asiatica and 

Zostera marina. Seagrass beds are 

commonly found in tidal and upper 

subtidal zones and foster high levels of 

biological productivity. Seagrass beds 

are located throughout the sanctuary in 

estuaries, bays and lagoons, such as 

Tomales Bay and Bolinas Lagoon. 

Seagrass species, including Zostera 

marina and Gracilaria spp., cover about 

397 hectares (1.5 mi2) or 13% of 

Tomales Bay. The seagrass beds help 

trap sediments and reduce excess 

nutrients and pollutants in the water 

column and thereby contribute towards 

the Bay’s high water quality. Seagrass 

provides breeding and nursery grounds 

for fish such as herring, which attach 

their eggs to the seagrass blades. 

Seagrass beds also provide important 

habitats for migratory birds, such as 

shorebirds, who feed upon the abundant 

fish and invertebrate species that live in 

the seagrass beds. The rapid 

disappearance of this habitat, 

undergoing conversion for agriculture 

and aquaculture, poses a particular 

threat to these vulnerable species. 

Seagrass beds also serve as buffer zones 

in protecting coastal erosion and are a 

filter for pollutants. In 2003 a Technical 

Committee (TC), consisting of 7 state 

and federal agencies, was formed to 

address boater impacts in Tomales Bay. 

In 2005, members of the TC discussed 

the need for no-anchor zones in the 

seagrass beds as a way to prevent habitat 

damage in Tomales Bay. It was 

determined that the Gulf of the 

Farallones National Marine Sanctuary 

has the broadest jurisdictional authority 

over the waters of Tomales Bay, and 

should propose an action to prohibit 

anchoring by vessels on seagrass beds. 

This action would afford direct and 

indirect protection to biological 

resources and habitats, and the 

ecological services they provide. 

Since 2005, Tomales Bay has been the 

subject of a collaborative effort among 

ten local, state and Federal agencies 

(including NOAA/GFNMS) to develop 

additional conservation measures to 

better protect the Bay’s sensitive 

habitats and resources. The framework 

for the multi-agency Tomales Bay plan 

is proposed to be included in the 

GFNMS draft management plan as a 

strategy in the Resource Protection 

section. Although the multi-agency plan 

for Tomales Bay is not part of this 

proposed rule, it would include 

narrowing the current exception for the 

construction of docks and piers in 

Tomales Bay to allow only the 

reconstruction of existing docks and 

piers, and only within their existing 

footprint; construction of new docks 

and piers would be prohibited in 

Tomales Bay. GFNMS is publishing 

notice of this element of the multiagency plan and this possible future 

regulatory change to the GFNMS 

regulation regarding docks and piers in 

Tomales Bay in order to advise the 

public of this potential change and to 

seek comment on it at this time, together 

with public comment on the proposed 

changes to GFNMS regulations that are 

the subject of this Notice. 

The proposed regulatory changes 

would also modify the Sanctuary’s 

permit regulations by adding a 

manager’s permit to ‘‘assist in the 

managing of the Sanctuary.’’ Activities 

that ‘‘assist in managing the Sanctuary’’

would be added to the types of activities 

(i.e., research, education, and salvage) 

for which the Director may issue a 

permit. This addition provides a 

mechanism by which the Director may 

issue permits for otherwise prohibited 

activities that will further Sanctuary 

management. 

Another proposed modification to the 

permit regulations would, based on the 

decades of permitting experience the 

NMSP now has, strengthen and augment 

the criteria that the Director considers 

when evaluating permit applications. 

Whereas the existing regulation simply 

indicates that the Director shall consider 

certain matters in deciding whether to 

grant a permit, the proposed modified 

regulation would state that the Director 

may not issue a permit unless the 

Director first considers certain factors, 

including but not limited to whether: 

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; and it is necessary to conduct 

the proposed activity within the 

Sanctuary. 

The proposed modifications would 

also add permit application 

requirements. Permit applicants would 

be required to submit information 

addressing the criteria that the Director 

must consider in order to issue a permit. 

Additionally, the permit regulation 

would stipulate that Sanctuary permits 

are nontransferable. 

The proposed modifications to the 

permit regulations would also stipulate 

that Sanctuary permits must contain 

certain terms and conditions. These 

terms and conditions would include 


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information deemed appropriate by the 

Director of the National Marine 

Sanctuary Program. The proposed modifications to the 

permit regulations would also expressly 

require that in addition to any other 

terms and conditions that the Director 

deems appropriate, Sanctuary permits 

must require that the permittee agree to 

hold the United States harmless against 

any claims arising out of the permitted 

activities. 

Public Hearings 

NOAA is publishing this proposed 

rule to provide notice to the public and 

invite advice, recommendations, 

information, and other comments from 

interested parties on the proposed rule 

and Draft Management Plan/Draft 

Environmental Impact Statement (DMP/ 

DEIS). These are joint public hearings 

conducted by CBNMS, GFNMS and 

MBNMS and will be held as detailed 

below: 

(1) November 29, 2006, 6:30 p.m. at 

the Cambria Pines Lodge, 2905 Burton 

Drive, Cambria, CA 93428. 

(2) November 29, 2006, 6:30 p.m. at 

the Bodega Marine Laboratory, 2099 

Westside Road, Bodega Bay, CA 94923. (3) November 30, 2006, 6:30 p.m. at 

the Monterey Conference Center, One 

Portola Plaza, Monterey, CA 93940. (4) November 30, 2006, 6:30 p.m. at 

the Dance Palace Community Center, 

503 B Street, Point Reyes Station, CA 

94956. 

(5) December 5, 2006, 6:30 p.m. at the 

University of California Santa Cruz Inn 

and Conference Center, 611 Ocean 

Street, Santa Cruz, CA 95060. 

(6) December 5, 2006, 6:30 p.m. at the 

Fort Mason Center, Firehouse (NE 

corner of Center), San Francisco, CA 

94123. 

(7) December 6, 2006, 6:30 p.m. at the 

Community United Methodist Church, 

777 Miramontes Street, Half Moon Bay, 

CA 94019. 

Miscellaneous Rulemaking 

Requirements 

National Marine Sanctuaries Act 

Section 304(a)(4) of the National 

Marine Sanctuaries Act (16 U.S.C. 

1434(a)(4)) requires that the procedures 

specified in section 304 for designating 

a National Marine Sanctuary be 

followed for modifying any term of 

designation. In particular, section 304 

requires that the Secretary of Commerce 

submit to the Committee on Resources 

of the United States House of 

Representatives and the Committee on 

Commerce, Science, and Transportation 

of the United States Senate, no later 

than the same day as this notice is 

published, documents including a copy 

of this notice, the terms of the proposed 

designation (or in this case, the 

proposed changes thereto), the proposed 

regulations, a draft management plan 

detailing the proposed goals and 

objectives, management responsibilities, 

research activities for the area, and a 

draft environmental impact statement. 

In accordance with section 304, the 

required documents are being submitted 

to the specified Congressional 

Committees. 

National Environmental Policy Act 

When changing a term of designation 

of a National Marine Sanctuary, section 

304 of the NMSA (16 U.S.C. 1434) 

requires the preparation of a draft 

environmental impact statement (DEIS), 

as provided by the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and that the DEIS 

be made available to the public. NOAA 

has prepared a DMP/DEIS on the 

proposal and copies are available at the 

address and Web site listed in the 

ADDRESSES section of this proposed rule. 

Responses to comments received on the 

DMP/DEIS will be published in the 

FMP/FEIS and final rule. 

Executive Order 12866: Regulatory 

Impact 

This proposed rule has been 

determined to be not significant within 

the meaning of section 3(f) of Executive 

Order 12866. 

Executive Order 13132: Federalism 

Assessment 

NOAA has concluded that this 

regulatory action falls within the 

definition of ‘‘policies that have 

federalism implications’’ within the 

meaning of Executive Order 13132. The 

proposed changes will not preempt 

State law, but will simply complement 

existing State authorities. In keeping 

with the intent of the Executive Order, 

the NMSP consulted with a number of 

entities within the State who 

participated in development of the 

proposed rule, including but not limited 

to, the California Department of Boating 

and Waterways, the California State 

Lands Commission, the California 

Department of Fish and Game, and the 

California Resources Agency. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification is 

as follows: 

Based primarily on recent 

socioeconomic studies, NOAA has 

identified the following small 

businesses and small organizations as 

defined by the Regulatory Flexibility 

Act. Small business concerns operating 

within the Sanctuary include 

commercial fishermen, mariculture 

operations, consumptive recreational 

charter businesses, and nonconsumptive recreational charter 

businesses. Small organizations 

operating within the Sanctuary include 

non-governmental organizations (NGOs) 

and/or non-profit organizations (NPOs) 

dedicated to environmental education, 

research, restoration and conservation 

concerning marine and maritime 

heritage resources. There are no small 

governmental jurisdictions in the 

Sanctuary, though as explained below, 

there are some adjacent to the 

Sanctuary. 

Small business concerns operating 

within the Sanctuary include 

commercial fishermen who vary in 

number seasonally and annually from 

approximately 300 to 500 boats; twelve 

mariculture lease holders in Tomales 

Bay; approximately 25 recreational 

charter fishing businesses; and 

approximately 7 recreational charter 

businesses engaged in wildlife viewing. 

The approximately 3 small 

organizations operating within the 

Sanctuary include non-governmental 

organizations (NGOs) and/or non-profit 

organizations (NPOs) dedicated to 

environmental education, research, 

restoration, and conservation 

concerning marine and maritime 

heritage resources. The Regulatory 

Flexibility Act (5 U.S.C. 601(5)) defines 

the term ‘‘small governmental 

jurisdictions’’ as governments of cities, 

counties, towns, townships, villages, 

school districts, or special districts, with 

a population of less than fifty thousand. 

Bodega, Bolinas and Tomales Bay 

settlements would qualify as ‘‘small 

governmental jurisdictions’’ directly 

adjacent to the Sanctuary. 

The proposed prohibition on 

abandoning any structure, material or 

other matter on or in the submerged 

lands of the Sanctuary would have no 

significant adverse impacts on small 

entities within the Sanctuary because 

none of these operations are dependent 

upon a practice of abandoning 

structures or other matter on or in the 

submerged lands of the Sanctuary. 

However, should a small entity, such as 

a research entity, occasionally want to 

temporarily leave materials on the 

submerged lands of the Sanctuary, such 

as research equipment, a Sanctuary 

research permit could be applied for. 

Additionally, this prohibition may offer 


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an indirect beneficial effect to marine 

salvage companies whose services may 

be called upon to remove grounded, 

sinking or submerged vessels that would 

otherwise be illegal to leave abandoned 

upon the submerged lands of the 

Sanctuary. 

The proposed prohibitions on take 

and possession of marine mammals, 

birds and sea turtles are not expected to 

result in a significant adverse impact on 

small entities because those entities’

operations may lawfully involve such 

takes under authorization granted 

pursuant to the Marine Mammal 

Protection Act (16 U.S.C. 1361 et seq.), 

Endangered Species Act (16 U.S.C. 1531 

et seq.), Migratory Bird Treaty Act (16 

U.S.C. 703 et seq.), or any regulation 

promulgated under one of these acts. 

Additionally, non-consumptive 

recreational charter businesses may 

receive indirect beneficial effects from 

these proposed regulations because the 

added protection to marine mammals, 

birds, and sea turtles can complement 

business activities focused on whale 

watching, kayaking, or other marine 

excursion tours. For example, the 

additional protection this prohibition 

affords to certain animals may 

potentially result in improved status of 

such animals, particularly at the 

Farallon Islands. This in turn may lead 

to the beneficial effect of more 

consumer interest in services rendered 

by non-consumptive recreational charter 

businesses. 

The proposed prohibition on releasing 

or otherwise introducing from within or 

into the Sanctuary an introduced 

species is not expected to significantly 

adversely impact small entities because 

releasing or otherwise introducing an 

introduced species is not part of the 

business associated with most of the 

identified small entities. Small entities 

whose business may include catch and 

release of striped bass (Morone saxatilis) 

(i.e., consumptive recreational charter 

businesses) would not be affected 

because the prohibition would not 

apply to the catch and release of striped 

bass. By prohibiting such introductions, 

indirect benefits may result for certain 

small entities since their activities could 

potentially be negatively impacted by 

the spread of introduced species. 

There are twelve mariculture lease 

holders in Tomales Bay. All twelve of 

these lease holders would be exempt 

from the introduced species prohibition 

if they have active lease agreements at 

the time of implementation of this 

regulation. The exception only applies 

to introduced species specified in the 

lease agreement and for the term of that 

active lease. In other words, species 

cultivated by mariculture activity 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 this 

regulation, would be permitted, 

provided that the renewal by the State 

of any authorization does not increase 

the type of introduced species being 

cultivated, or the size of the area under 

cultivation with introduced species. 

New mariculture leases would not be 

exempt from this prohibition. This 

prohibition would not put any current 

operations out of business. 

None of the small entities conducting 

activities within the Sanctuary is 

expected to be significantly adversely 

impacted by the proposed clarifications 

and corrections to the Sanctuary’s 

boundary because there would be no 

practical change resulting from these 

clarifications and corrections. The 

clarification that submerged lands are 

part of the existing Sanctuary boundary 

would not have a significant adverse 

impact on small entities within the 

Sanctuary because the Sanctuary has 

managed the submerged lands and has 

administered protective measures for 

them since designation in 1981. The 

NMSP manages submerged lands as part 

of national marine sanctuaries and this 

is reflected in amendments to the 

NMSA passed in 1984 (16 U.S.C. 

1432(3)). Similarly, proposed 

corrections and clarifications to the 

Sanctuary’s boundary coordinates 

would not significantly adversely 

impact any of the small entities 

operating within the Sanctuary because 

the proposed corrections and 

clarifications are merely technical in 

nature and will not affect the 

measurable size of the Sanctuary. For 

example, boundary coordinates are 

proposed to be updated using the North 

American Datum of 1983, which 

provides more accurate information 

than that originally used to describe the 

Sanctuary boundary coordinates. 

The proposed modification to the 

Sanctuary’s discharge/deposit 

regulation clarifying that discharges 

allowed from marine sanitation devices 

applies only to Type I and Type II 

marine sanitation devices would not 

introduce any new restrictions on small 

entities and would merely clarify the 

original intent of the Sanctuary’s 

discharge regulation. To the extent that 

this clarification might affect customary, 

though illegal, sewage discharge 

practices of some small entities, the 

adverse affect on those operations is 

expected to be less than significant 

because such discharges may legally 

occur beyond the Sanctuary’s boundary, 

or vessel sewage may be pumped out 

and disposed of at mainland ports and 

harbors. Additionally, some small 

entities may receive indirect benefits 

from this clarification, especially as it 

might pertain to preventing large 

volume discharges from larger vessels, 

since it may contribute to sustaining 

favorable environmental quality in their 

area of operation. 

The proposed modification to the 

Sanctuary’s discharge/deposit 

regulation that would specify that 

discharging or depositing fish, fish 

parts, or chumming materials (bait) may 

occur only during the conduct of lawful 

fishing activity within the Sanctuary is 

not expected to have a significant 

adverse impact on small entities 

because it would not apply to conduct 

of lawful fishing activity within the 

Sanctuary. In some areas ‘‘chumming’’

is a practice that has been associated 

with non-consumptive recreational 

activities (e.g., attracting sharks for 

photography) or in some cases research 

activities (e.g., attracting birds for 

study). The two known shark viewing 

operations in business during the 

management plan review process were 

consulted with and support this 

proposed regulatory action. 

Furthermore, small entities not engaged 

in lawful fishing could apply for and, if 

appropriate, be granted a Sanctuary 

permit (e.g., research or education) to 

conduct this otherwise prohibited 

discharge/deposit. 

The proposed modification that 

would prohibit the discharge of food 

waste as a result of meals on board 

vessels would not result in a significant 

impact to small entities because it 

would merely introduce a new 

requirement that boaters not discard 

food wastes within the Sanctuary. Such 

discharges/deposits are already 

prohibited under the Act to Prevent 

Pollution from Ships, 33 U.S.C. 1901 et 

seq., within the first three nmi from 

shore and out to twelve nmi unless the 

food wastes are ground to less than one 

inch. Therefore, boaters could either 

properly dispose of food waste at port 

or appropriately discard it beyond the 

Sanctuary’s boundary, when food 

wastes are ground to less than one inch. 

Resulting impacts may include 

additional costs and time potentially 

involved in traveling the additional 

distance offshore to appropriately 

dispose of food waste, although wastes 

may also be disposed of shoreside. 

The proposed modification to the 

sanctuary’s discharge regulation 

exception that would result in dredge 

material disposed of at the interim 

dumpsite is no longer applicable to any 

entity as the interim dumpsite is no 

longer in use. 


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The proposed modification to the 

sanctuary’s discharge regulation that 

would no longer exempt municipal 

sewage discharge is only applicable to 

Marin and Sonoma counties. No permit 

applications have been received, nor has 

interest been expressed in applying for 

a permit, for the past 25 years. Thus, the 

proposed modification is expected to 

result in less than significant impact. 

The proposed prohibition on 

discharge from cruise ships would have 

no adverse impacts on any current small 

entity operations. The Small Business 

Administration defines the threshold for 

a ‘‘Scenic and Sightseeing 

Transportation, Water’’ small business 

as an entity that has average annual 

receipts of $6.5 million per year or less 

(NAICS 487210). ‘‘Cruise ship’’ is 

defined by the Sanctuary to mean a 

vessel with 250 or more passenger 

berths for hire. All of the cruise ship 

entities that operate vessels in the 

Sanctuary with more than 250 passenger 

berths are considered large entities. 

Additionally, cruise ships would not be 

prevented from transiting the sanctuary, 

as indicated by the exception for ‘‘vessel 

cooling water.’’ All other discharge 

material must be disposed of beyond the 

sanctuary boundary, provided that it 

does not enter and injure a sanctuary 

resource. 

Significant adverse impacts are not 

expected to result for any of the 

Sanctuary’s small entities from the 

proposed prohibition on discharging or 

depositing any material or other matter 

from beyond the boundary of the 

Sanctuary that subsequently enters the 

Sanctuary and injures a Sanctuary 

resource or quality because in the 

course of normal, lawful operations, no 

small entity activities (e.g., commercial 

fishing businesses, recreational fishing 

businesses, non-consumptive charter 

businesses, research and education 

entities, aircraft businesses) are 

expected to produce such discharges/ 

deposits beyond the Sanctuary 

boundary. Additionally, this proposed 

regulation would except discharges/ 

deposits likely to come from vesselbased small entities, including: 

Biodegradable effluent 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 (33 U.S.C. 1321 et seq.); 

biodegradable matter from a vessel 

resulting from deck wash down and 

vessel engine cooling water; vessel 

engine exhaust; and fish, fish parts, or 

chumming materials (bait) used in or 

resulting from lawful fishing activity 

beyond the boundary of the Sanctuary, 

provided that such discharge or deposit 

is during the conduct of lawful fishing 

activity there. 

The proposed clarification to the 

sanctuary’s disturbing the submerged 

lands regulation that would no longer 

exempt laying of pipelines except those 

related to hydrocarbon operations in 

leases adjacent to the sanctuary is not 

applicable to any known entity. Over 

the past 25 years, no permit applications 

have been received, and no interest in 

applying for a permit has been 

expressed. Thus, the proposed 

modification is expected to result in no 

significant impact. 

The proposed modification to the 

sanctuary’s disturbing the submerged 

lands regulation that would no longer 

exempt ecological maintenance is not 

applicable to any known entity. Over 

the past 25 years, no permit applications 

have been received, and no interest in 

applying for a permit has been 

expressed. Thus, the proposed 

modification is expected to result in no 

significant impact. 

Significant adverse impacts to small 

entities are not expected to result from 

the revision and strengthening of the 

Sanctuary’s regulation protecting 

historical resources because the 

regulation would remain essentially the 

same with regard to how small entities 

may conduct their activities. For 

example, non-consumptive recreational 

charter businesses are expected to 

continue to operate chartered trips in a 

manner that does not involve the 

unlawful practice of injuring or 

removing submerged cultural resources. 

Thus, although the proposed revised 

regulation would be more 

comprehensive in the protection 

provided to these resources (prohibiting 

possessing, moving, removing, or 

injuring, or attempting to possess, move, 

remove, or injure, a Sanctuary historical 

resource), no significant adverse impact 

is expected for existing lawful business 

practices. The proposed regulation may 

offer an indirect beneficial effect for 

non-consumptive recreational charter 

businesses, as it would help ensure that 

submerged cultural resources remain 

intact for divers and shoreline visitors to 

enjoy. 

The proposed prohibition on 

attracting a white shark in the 

sanctuary, or approaching within 50 

meters of any white shark within 2 nmi 

of the Farallon Islands would only be 

applicable to those vessel-based small 

entities that seasonally (Sept.–Dec.) run 

adventure tourism operations adjacent 

to the Farallon Islands. These proposed 

actions will not prevent the adventure 

tourism activities from taking place, but 

do prohibit deployment of attractants in 

the Sanctuary and limit approach 

distances around the Farallon Islands. 

Some of the operations may be eligible 

for research or education permits. The 

two known shark viewing operations in 

business during the management plan 

review process were consulted with as 

part of a working group and support this 

proposed regulatory action. These 

specific small entities are expected to 

experience a less than significant impact 

from this proposed regulatory action. 

The proposed prohibition on 

deserting a vessel and leaving harmful 

matter on a grounded or deserted vessel 

in the sanctuary will not have a 

significant economic impact on any 

small commercial entity or organization. 

The estimated 100 plus deserted vessels 

currently in existence (primarily in 

Tomales Bay,) may have been privately 

owned at one time, although at this time 

there is no apparent ownership, or it is 

not clear. The prohibition against 

deserting a vessel or leaving harmful 

matter on a grounded or deserted vessel 

would not have a significant adverse 

impact on small entities, as doing so is 

not an aspect of operation; as such the 

adverse impact to small entities would 

be less than significant. Indirect 

beneficial effects from this prohibition 

may result for those small entities, such 

as commercial and recreational charter 

businesses, which rely upon a healthy 

nearshore marine environment that is 

not impacted by vessel groundings, 

hazardous spills, and wildlife 

disturbance risks that grounded vessels 

can pose. 

To the extent that small businessowned vessels do use the Sanctuary, 

and have in the past anchored in 

seagrass beds in Tomales Bay, the 

proposed prohibition against vessels 

anchoring in designated no-anchoring 

seagrass protection zones in Tomales 

Bay will not have a significant economic 

impact on any small commercial entity 

or organization. The seven no-anchoring 

seagrass protection zones comprise 

about 22% of the existing surface area 

in Tomales Bay. These zones include 

many areas that are unsuitable for vessel 

anchoring since it is exposed mud flat 

at low tide. As such, the net loss of 

anchoring area to vessel operators is 

likely less than 22% of the bay. Further, 

the no-anchoring zones were created to 

exclude known anchoring areas near 

marinas and recreational day-use areas. 

This design helped to reduce the 

likelihood of any potential impacts to 

vessel operators, including sailboats, 

pleasure craft and recreational 

fishermen. Although anchoring vessels 

in the seven proposed zones would be 

prohibited, vessel operators can still 

safely anchor in the remaining 78% of 


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the Sanctuary. While the no-anchoring 

zones may require some individual 

vessel owners to anchor in a new 

location outside one of the proposed 

zones, it would not prohibit them from 

using their vessel or accessing nearshore 

facilities. The proposed prohibition on 

will not affect aquaculture facilities in 

Tomales Bay because vessels that are 

operating in association with valid 

mariculture leases, permits, or licenses, 

would not be subject to the prohibition. 

In addition, the regulation only applies 

to vessels anchoring in these zones and 

not facilities, such as mariculture that 

may require anchoring structures to the 

seabed. This regulation prohibiting 

vessels from anchoring in specific zones 

is not expected negatively impact the 34 

permitted commercial Pacific herring 

fishermen in Tomales Bay. Although the 

fishermen use gillnets, which are 

anchored to the bottom of the seafloor 

near or occasionally in seagrass beds, 

they do not need to anchor their vessels 

in seagrass to conduct their operations. 

Overall this proposed regulation would 

provide direct and indirect protection to 

biological resources and habitats, and 

the ecological services they provide, 

while having few, if any, impacts to 

small business entities. 

The proposed modification of permit 

issuance criteria and procedures is not 

expected to significantly adversely 

affect any of the small entities within 

the Sanctuary as most of their activities 

do not require a Sanctuary permit. 

Furthermore, the proposed revised 

permit regulations not only maintain the 

current scope of activities for which a 

permit may be issued (research, 

education, and salvage), but also add 

one more such activity category (for 

activities that will assist in managing 

the Sanctuary), thereby broadening the 

types of otherwise prohibited activities 

for which a permit may be granted. If a 

Sanctuary-based research, education, 

salvage, or other project requires a 

permit, the proposed modified criteria 

and procedures are not expected to 

significantly adversely affect the 

activities of the requesting entities, 

because the proposed revised permit 

regulation merely clarifies other 

concepts implicit in the current 

regulation. 

Because this action would not have a 

significant economic impact on a 

substantial number of small entities, no 

initial regulatory flexibility analysis was 

prepared. 

Paperwork Reduction Act 

This proposed rule involves an 

existing information collection 

requirement currently approved by 

OMB (OMB approval number 0648–

0141) under the Paperwork Reduction 

Act of 1980, 44 U.S.C. 3501 et seq. The 

proposed rule will not require any 

change to the currently approved OMB 

approval and would not result in any 

change in the public burden in applying 

for and complying with NMSP 

permitting requirements. 

The public reporting burden for these 

permit application requirements is 

estimated to average 1.00 hour per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to David Bizot, National Permit 

Coordinator, NOAA National Marine 

Sanctuary Program, 1305 East-West 

Highway, N/ORM–6, Silver Spring, MD 

20910, by e-mail to 

David.Bizot@noaa.gov, by fax to (301) 

713–0404; or by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

(202) 395–7285. 

The proposed revised permit 

regulations would require the Director 

of the NMSP to consider the proposed 

activity for which a permit application 

has been received. The proposed 

modifications to the permit procedures 

and criteria (15 CFR 922.83) would 

further refine current requirements and 

procedures of the general National 

Marine Sanctuary Program regulations 

(15 CFR 922.48(a) and (c)). The 

proposed modifications would also 

clarify existing requirements for permit 

applications found in the Office of 

Management and Budget approved 

applicant guidelines (OMB Control 

Number 0648–0141). The revised permit 

regulations would add language about: 

The qualifications, finances, and 

proposed methods of the applicant; the 

compatibility of the proposed method 

with the value of the Sanctuary and the 

primary objective of protection of 

Sanctuary resources and qualities; the 

necessity of the proposed activity; and 

the reasonably expected end value of 

the proposed activity. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

OMB control number. 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure, coastal zone, historic 

preservation, intergovernmental 

relations, marine resources, natural 

resources, penalties, recreation and 

recreation areas, reporting and 

recordkeeping requirements, wildlife, 

incorporation by reference. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: September 26, 2006. 

Elizabeth R. Scheffler, 

Associate Assistant Administrator for 

Management for Ocean Services and Coastal 

Zone Management. 

Accordingly, for the reasons set forth 

above, 15 CFR part 922 is proposed to 

be amended as follows: 

PART 922—GULF OF THE 

FARALLONES NATIONAL MARINE 

SANCTUARY 

1. The authority citation for part 922 

continues to read as follows: 

Authority: 16 U.S.C. 1431 et seq. 

2. Subpart H is revised to read as 

follows: 

Subpart H—Gulf of the Farallones 

National Marine Sanctuary 

Sec. 

922.80 Boundary. 

922.81 Definitions. 

922.82 Prohibited Or Otherwise Regulated 

Activities. 

922.83 Permit Procedures And Issuance 

Criteria. 

922.84 Certification Of Other Permits. 

Appendix A To Subpart H Of Part 922—Gulf 

Of The Farallones National Marine 

Sanctuary Boundary Coordinates. 

Appendix B To Subpart H Of Part 922—2 

nmi From The Farallon Islands Boundary 

Coordinates. 

Appendix C To Subpart H Of Part 922—No 

Anchoring Seagrass Protection Zones in 

Tomales Bay. 

§ 922.80 Boundary. 

(a) 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 


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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. 

(b) [Reserved] 

§ 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). 

Cruise ship means a vessel with 250 

or more passenger berths for hire. 

Deserting means 

(1) leaving a vessel aground or adrift: 

(i) 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; 

(ii) after expressing or otherwise 

manifesting intention not to undertake 

or to cease salvage efforts; or 

(iii) 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 

(2) 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, which 

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 (1) a 

species (including, but not limited to, 

any of its biological matter capable of 

propagation) that is non-native to the 

ecosystem(s) protected by the 

Sanctuary; or (2) any organism into 

which 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 seabed in the 

Sanctuary. Those species include, but 

are not limited to: Zostera asiatica and 

Zostera marina. 

§ 922.82 Prohibited or otherwise regulated 

activities. 

The following activities are prohibited 

and thus are unlawful for any person to 

conduct or to cause to be conducted 

within the Sanctuary:(a)(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 and discharged or deposited 

while conducting lawful fishing activity 

within the Sanctuary; 

(ii) Biodegradable effluents incidental 

to vessel use and generated 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 of untreated sewage; 

(iii) Biodegradable material or other 

matter from a vessel resulting from deck 

wash down or vessel engine cooling 

water; or 

(iv) Vessel engine exhaust. 

(3) Discharging or depositing, from 

within or into the Sanctuary, any 

material or other matter from a cruise 

ship except vessel engine cooling water. 

(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; drilling through 

the submerged lands; placing or 

abandoning any structure; and dredging 

or otherwise altering the submerged 

lands in any way, except: 

(i) By anchoring vessels in a manner 

not otherwise prohibited by this part 

(see § 922.82(a)(16)); 

(ii) Bottom trawling from a 

commercial fishing vessel; 

(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; and 

(v) Mariculture activities conducted 

pursuant to a valid lease, permit, license 

or other authorization issued by the 

State of California. 


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(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 1000 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; and 

(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, provided 

that the renewal by the State of any 

authorization does not increase the type 

of introduced species being cultivated 

or the size of the area under cultivation 

with introduced species. 

(11) Taking any marine mammal, sea 

turtle, or bird within or above the 

Sanctuary, except as permitted by 

regulations, as amended, promulgated 

under the Marine Mammal Protection 

Act, as amended, (MMPA), 16 U.S.C. 

1362 et seq., the Endangered Species 

Act, as amended, (ESA), 16 U.S.C. 1531 

et seq., and the Migratory Bird Treaty 

Act, as amended, (MBTA), 16 U.S.C. 703 

et seq. 

(12) Possessing within the Sanctuary 

(regardless of where taken, moved or 

removed from), any marine mammal, 

sea turtle, or bird taken, except as 

authorized under the MMPA, ESA, 

MBTA, under any regulation, as 

amended, promulgated under these 

Acts, 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. The coordinates for the 

line approximating 2 nmi around the 

Farallon Islands are listed in Appendix 

B to this subpart. 

(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. The coordinates for the noanchoring seagrass protection zones are 

listed in Appendix C to this subpart. 

(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, Building 201, Fort Mason, 

San Francisco, CA 94123. 

(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) 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 


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59352 Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Proposed Rules 

Sanctuary and having no significant 

effect on Sanctuary resources. Such 

certification may impose terms and 

conditions as deemed appropriate to 

ensure consistency. 

(b) 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. 

(c) 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. 

(d) 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. 

Appendix A to Subpart H of Part 922—

Gulf of the Farallones National Marine 

Sanctuary Boundary Coordinates 

Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Point ID No. Latitude Longitude 

Sanctuary Boundary: 

1 ............................................................................................................................................................ 38.29896 ¥123.05989 

2 ............................................................................................................................................................ 38.26390 ¥123.18138 

3 ............................................................................................................................................................ 38.21001 ¥123.11913 

4 ............................................................................................................................................................ 38.16576 ¥123.09207 

5 ............................................................................................................................................................ 38.14072 ¥123.08237 

6 ............................................................................................................................................................ 38.12829 ¥123.08742 

7 ............................................................................................................................................................ 38.10215 ¥123.09804 

8 ............................................................................................................................................................ 38.09069 ¥123.10387 

9 ............................................................................................................................................................ 38.07898 ¥123.10924 

10 .......................................................................................................................................................... 38.06505 ¥123.11711 

11 .......................................................................................................................................................... 38.05202 ¥123.12827 

12 .......................................................................................................................................................... 37.99227 ¥123.14137 

13 .......................................................................................................................................................... 37.98947 ¥123.23615 

14 .......................................................................................................................................................... 37.95880 ¥123.32312 

15 .......................................................................................................................................................... 37.90464 ¥123.38958 

16 .......................................................................................................................................................... 37.83480 ¥123.42579 

17 .......................................................................................................................................................... 37.76687 ¥123.42694 

18 .......................................................................................................................................................... 37.75932 ¥123.42686 

19 .......................................................................................................................................................... 37.68892 ¥123.39274 

20 .......................................................................................................................................................... 37.63356 ¥123.32819 

21 .......................................................................................................................................................... 37.60123 ¥123.24292 

22 .......................................................................................................................................................... 37.59165 ¥123.22641 

23 .......................................................................................................................................................... 37.56305 ¥123.19859 

24 .......................................................................................................................................................... 37.52001 ¥123.12879 

25 .......................................................................................................................................................... 37.50819 ¥123.09617 

26 .......................................................................................................................................................... 37.49418 ¥123.00770 

27 .......................................................................................................................................................... 37.50948 ¥122.90614 

28 .......................................................................................................................................................... 37.52988 ¥122.85988 

29 .......................................................................................................................................................... 37.57147 ¥122.80399 

30 .......................................................................................................................................................... 37.61622 ¥122.76937 

31 .......................................................................................................................................................... 37.66641 ¥122.75105 

Appendix B to Subpart H of Part 922—

2 NMI From The Farallon Islands 

Boundary Coordinates 

Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Point ID Number (2nmi from the Farallon Islands Boundary) Latitude Longitude 

0 ................................................................................................................................................................... 37.77670 ¥123.14954 

1 ................................................................................................................................................................... 37.78563 ¥123.14632 

2 ................................................................................................................................................................... 37.79566 ¥123.13764 

3 ................................................................................................................................................................... 37.80296 ¥123.12521 

4 ................................................................................................................................................................... 37.80609 ¥123.11189 

5 ................................................................................................................................................................... 37.80572 ¥123.09847 

6 ................................................................................................................................................................... 37.80157 ¥123.08484 

7 ................................................................................................................................................................... 37.79776 ¥123.07836 

8 ................................................................................................................................................................... 37.79368 ¥123.06992 

9 ................................................................................................................................................................... 37.78702 ¥123.06076 

10 ................................................................................................................................................................. 37.77905 ¥123.05474 

11 ................................................................................................................................................................. 37.77014 ¥123.05169 

12 ................................................................................................................................................................. 37.76201 ¥123.05151 

13 ................................................................................................................................................................. 37.75758 ¥123.05248 

14 ................................................................................................................................................................. 37.76078 ¥123.04115 


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Point ID Number (2nmi from the Farallon Islands Boundary) Latitude Longitude 

15 ................................................................................................................................................................. 37.76151 ¥123.02803 

16 ................................................................................................................................................................. 37.75898 ¥123.01527 

17 ................................................................................................................................................................. 37.75267 ¥123.00303 

18 ................................................................................................................................................................. 37.74341 ¥122.99425 

19 ................................................................................................................................................................. 37.73634 ¥122.99017 

20 ................................................................................................................................................................. 37.73036 ¥122.97601 

21 ................................................................................................................................................................. 37.72042 ¥122.96548 

22 ................................................................................................................................................................. 37.70870 ¥122.95890 

23 ................................................................................................................................................................. 37.69737 ¥122.95720 

24 ................................................................................................................................................................. 37.68759 ¥122.95882 

25 ................................................................................................................................................................. 37.67768 ¥122.96469 

26 ................................................................................................................................................................. 37.66905 ¥122.97427 

27 ................................................................................................................................................................. 37.66352 ¥122.98478 

28 ................................................................................................................................................................. 37.66037 ¥122.99741 

29 ................................................................................................................................................................. 37.66029 ¥123.00991 

30 ................................................................................................................................................................. 37.66290 ¥123.02133 

31 ................................................................................................................................................................. 37.67102 ¥123.03830 

32 ................................................................................................................................................................. 37.67755 ¥123.04612 

33 ................................................................................................................................................................. 37.68844 ¥123.05334 

34 ................................................................................................................................................................. 37.69940 ¥123.05567 

35 ................................................................................................................................................................. 37.71127 ¥123.06858 

36 ................................................................................................................................................................. 37.72101 ¥123.07329 

37 ................................................................................................................................................................. 37.73167 ¥123.07399 

38 ................................................................................................................................................................. 37.73473 ¥123.07340 

39 ................................................................................................................................................................. 37.73074 ¥123.08620 

40 ................................................................................................................................................................. 37.73010 ¥123.09787 

41 ................................................................................................................................................................. 37.73265 ¥123.11296 

42 ................................................................................................................................................................. 37.73685 ¥123.12315 

43 ................................................................................................................................................................. 37.74273 ¥123.13124 

44 ................................................................................................................................................................. 37.74725 ¥123.13762 

45 ................................................................................................................................................................. 37.75467 ¥123.14466 

46 ................................................................................................................................................................. 37.76448 ¥123.14917 

47 ................................................................................................................................................................. 37.77670 ¥123.14954 

Appendix C to Subpart H of Part 922—

No-Anchoring Seagrass Protection 

Zones in Tomales Bay 

Coordinates listed in this Appendix are 

unprojected (Geographic) and based on the 

North American Datum of 1983. 

Zone 1: Zone 1 is an area of approximately 

39.9 hectares offshore south of Millerton 

Point. The eastern boundary is a straight line 

that connects points 1 and 2 listed in the 

coordinate table below. The southern 

boundary is a straight line that connects 

points 2 and 3, the western boundary is a 

straight line that connects points 3 and 4 and 

the northern boundary is a straight line that 

connects point 4 to point 5. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 1 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.10571 ¥122.84565 

2 ................................................................................................................................................................... 38.09888 ¥122.83603 

3 ................................................................................................................................................................... 38.09878 ¥122.84431 

4 ................................................................................................................................................................... 38.10514 ¥122.84904 

5 ................................................................................................................................................................... (1) (1) 

1Same as 1. 

ZONE 2: Zone 2 is an area of 

approximately 50.3 hectares that begins just 

south of Marconi and extends approximately 

3 kilometers south along the eastern shore of 

Tomales Bay. The eastern boundary is the 

mean high water (MHW) line from point 1 to 

point 2 listed in the coordinate table below. 

The southern boundary is a straight line that 

connects point 2 to point 3. The western 

boundary is a series of straight lines that 

connect points 3 through 6 in sequence and 

then connects point 6 to point 1. All 

coordinates are in the Geographic Coordinate 

System relative to the North American Datum 

of 1983. 

Zone 1 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.14071 ¥122.87440 

2 ................................................................................................................................................................... 38.11386 ¥122.85851 

3 ................................................................................................................................................................... 38.11899 ¥122.86731 

4 ................................................................................................................................................................... 38.12563 ¥122.86480 

5 ................................................................................................................................................................... 38.12724 ¥122.86488 

6 ................................................................................................................................................................... 38.13326 ¥122.87178 

7 ................................................................................................................................................................... (1) (1) 

1Same as 1. 


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ZONE 3: Zone 3 is an area of 

approximately 4.6 hectares that begins just 

south of Marshall and extends approximately 

1 kilometer south along the eastern shore of 

Tomales Bay. The eastern boundary is the 

mean high water (MHW) line from point 1 to 

point 2 listed in the coordinate table below. 

The southern boundary is a straight line that 

connects point 2 to point 3, the western 

boundary is a straight line that connects 

point 3 to point 4, and the northern boundary 

is a straight line that connects point 4 to 

point 5. All coordinates are in the Geographic 

Coordinate System relative to the North 

American Datum of 1983. 

Zone 3 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.16031 ¥122.89442 

2 ................................................................................................................................................................... 38.15285 ¥122.88991 

3 ................................................................................................................................................................... 38.15250 ¥122.89042 

4 ................................................................................................................................................................... 38.15956 ¥122.89573 

5 ................................................................................................................................................................... (1) (1) 

1Same as 1. 

ZONE 4: Zone 4 is an area of 

approximately 61.8 hectares that begins just 

north of Nicks Cove and extends 

approximately 5 kilometers south along the 

eastern shore of Tomales Bay to just south of 

Cypress Grove. The eastern boundary is the 

mean high water (MHW) line from point 1 to 

point 2 listed in the coordinate table below. 

The southern boundary is a straight line that 

connects point 2 to point 3. The western 

boundary is a series of straight lines that 

connect points 3 through 9 in sequence. The 

northern boundary is a straight line that 

connects point 9 to point 10. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 4 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.20073 ¥122.92181 

2 ................................................................................................................................................................... 38.16259 ¥122.89627 

3 ................................................................................................................................................................... 38.16227 ¥122.89650 

4 ................................................................................................................................................................... 38.16535 ¥122.90308 

5 ................................................................................................................................................................... 38.16869 ¥122.90475 

6 ................................................................................................................................................................... 38.17450 ¥122.90545 

7 ................................................................................................................................................................... 38.17919 ¥122.91021 

8 ................................................................................................................................................................... 38.18651 ¥122.91404 

9 ................................................................................................................................................................... 38.18881 ¥122.91740 

10 ................................................................................................................................................................. (1) (1) 

1Same as 1. 

ZONE 5: Zone 5 is an area of 

approximately 461.4 hectares that begins east 

of Lawsons Landing and extends 

approximately 5 kilometers east and south 

along the eastern shore of Tomales Bay but 

excludes areas adjacent (approximately 600 

meters) to the mouth of Walker Creek. The 

boundary follows the mean high water 

(MHW) mark from point 1 and trends in a 

southeast direction to point 2 listed in the 

coordinate table below. From point 2 the 

boundary trends westward in a straight line 

to point 3, then trends southward in a 

straight line to point 4 and then trends 

eastward in a straight line to point 5. The 

boundary follows the mean high water line 

from point 5 southward to point 6. The 

southern boundary is a straight line that 

connects point 6 to point 7. The eastern 

boundary is a series of straight lines that 

connect points 7 to 9 in sequence and then 

connects point 9 to point 10. All coordinates 

are in the Geographic Coordinate System 

relative to the North American Datum of 

1983. 

Zone 5 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.23122 ¥122.96300 

2 ................................................................................................................................................................... 38.21599 ¥122.93749 

3 ................................................................................................................................................................... 38.20938 ¥122.94153 

4 ................................................................................................................................................................... 38.20366 ¥122.93246 

5 ................................................................................................................................................................... 38.20515 ¥122.92453 

6 ................................................................................................................................................................... 38.20073 ¥122.92181 

7 ................................................................................................................................................................... 38.19405 ¥122.93477 

8 ................................................................................................................................................................... 38.20436 ¥122.94305 

9 ................................................................................................................................................................... 38.21727 ¥122.96225 

10 ................................................................................................................................................................. (1) (1) 

1Same as 1. 

ZONE 6: Zone 6 is an area of 

approximately 3.94 hectares in the vicinity of 

Indian Beach along the western shore of 

Tomales Bay. The western boundary follows 

the mean high water (MHW) line from point 

1 northward to point 2 listed in the 

coordinate table below. The northern 

boundary is a straight line that connects 

point 2 to point 3. The eastern boundary is 

a straight line that connects point 3 to point 

4. The southern boundary is a straight line 

that connects point 4 to point 5. All 

coordinates are in the Geographic Coordinate 

System relative to the North American Datum 

of 1983. 

Zone 6 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.13811 ¥122.89603 

2 ................................................................................................................................................................... 38.14040 ¥122.89676 

3 ................................................................................................................................................................... 38.14103 ¥122.89537 


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Zone 6 point ID Latitude Longitude 

4 ................................................................................................................................................................... 38.13919 ¥122.89391 

5 ................................................................................................................................................................... (1) (1) 

1Same as 1. 

ZONE 7: Zone 7 is an area of 

approximately 32.16 hectares that begins just 

south of Pebble Beach and extends 

approximately 3 kilometers south along the 

western shore of Tomales Bay. The western 

boundary is the mean high water (MHW) line 

from point 1 to point 2 listed in the 

coordinate table below. The northern 

boundary is a straight line that connects 

point 2 to point 3. The eastern boundary is 

a series of straight lines that connect points 

3 through 7 in sequence. The southern 

boundary is a straight line that connects 

point 7 to point 8. All coordinates are in the 

Geographic Coordinate System relative to the 

North American Datum of 1983. 

Zone 7 point ID Latitude Longitude 

1 ................................................................................................................................................................... 38.11034 ¥122.86544 

2 ................................................................................................................................................................... 38.13008 ¥122.88742 

3 ................................................................................................................................................................... 38.13067 ¥122.88620 

4 ................................................................................................................................................................... 38.12362 ¥122.87984 

5 ................................................................................................................................................................... 38.11916 ¥122.87491 

6 ................................................................................................................................................................... 38.11486 ¥122.86896 

7 ................................................................................................................................................................... 38.11096 ¥122.86468 

8 ................................................................................................................................................................... (1) (1) 

1Same as 1. 

[FR Doc. 06–8528 Filed 10–5–06; 8:45 am] 

BILLING CODE 3510–NK–P 


cprice-sewell on PROD1PC66 with PROPOSALS4