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PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS 

Section Contents

Subpart A—General

§ 922.1 Applicability of regulations.

§ 922.2 Mission, goals, and special policies.

§ 922.3 Definitions.

§ 922.4 Effect of National Marine Sanctuary designation.

Subpart B—Site Evaluation List (SEL)

§ 922.10 General.

Subpart C—Designation of National Marine Sanctuaries

§ 922.20 Standards and procedures for designation.

§ 922.21 Selection of active candidates.

§ 922.22 Development of designation materials.

§ 922.23 Coordination with States and other Federal agencies.

§ 922.24 Congressional documents.

§ 922.25 Designation determination and findings.

Subpart D—Management Plan Development and Implementation

§ 922.30 General.

§ 922.31 Promotion and coordination of Sanctuary use.

Subpart E—Regulations of General Applicability

§ 922.40 Purpose.

§ 922.41 Boundaries.

§ 922.42 Allowed activities.

§ 922.43 Prohibited or otherwise regulated activities.

§ 922.44 Emergency regulations.

§ 922.45 Penalties.

§ 922.46 Response costs and damages.

§ 922.47 Pre-existing authorizations or rights and certifications of pre-existing authorizations 

or rights.

§ 922.48 National Marine Sanctuary permits—application procedures and issuance criteria.

§ 922.49 Notification and review of applications for leases, licenses, permits, approvals, or 

other authorizations to conduct a prohibited activity.

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§ 922.50 Appeals of administrative action.

Subpart F—Monitor National Marine Sanctuary

§ 922.60 Boundary.

§ 922.61 Prohibited or otherwise regulated activities.

§ 922.62 Permit procedure and criteria.

Subpart G—Channel Islands National Marine Sanctuary

§ 922.70 Boundary.

§ 922.71 Definitions.

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

§ 922.73 Additional prohibited or otherwise regulated activities—marine reserves and marine 

conservation area.

§ 922.74 Permit procedures and issuance criteria.

Appendix A to Subpart G of Part 922—Channel Islands National Marine Sanctuary Boundary 

Coordinates

Appendix B to Subpart G of Part 922—Marine Reserve Boundaries

Appendix C to Subpart G of Part 922—Marine Conservation Area Boundary

Subpart H—Gulf of the Farallones National Marine Sanctuary

§ 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

Subpart I—Gray's Reef National Marine Sanctuary

§ 922.90 Boundary.

§ 922.91 Definitions.

§ 922.92 Prohibited or otherwise regulated activities.

§ 922.93 Permit procedures and criteria.

§ 922.94 xxx

Appendix A to Subpart I of Part 922—XXX

Subpart J—Fagatele Bay National Marine Sanctuary

§ 922.100 Scope of regulations.

§ 922.101 Boundary.

§ 922.102 Prohibited or otherwise regulated activities.

§ 922.103 Management and enforcement.

§ 922.104 Permit procedures and criteria.

Subpart K—Cordell Bank National Marine Sanctuary

§ 922.110 Boundary.

§ 922.111 Definitions.

§ 922.112 Prohibited or otherwise regulated activities.

§ 922.113 Permit procedures and issuance criteria.

Appendix A to Subpart K of Part 922—Cordell Bank National Marine Sanctuary Boundary 

Coordinates

Appendix B to Subpart K of Part 922—Line Representing the 50-Fathom Isobath Surrounding 

Cordell Bank

Subpart L—Flower Garden Banks National Marine Sanctuary

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§ 922.120 Boundary.

§ 922.121 Definitions.

§ 922.122 Prohibited or otherwise regulated activities.

§ 922.123 Permit procedures and criteria.

Appendix A to Subpart L of Part 922—Flower Garden Banks National Marine Sanctuary 

Boundary Coordinates

Appendix B to Subpart L of Part 922—Coordinates for the Department of the Interior 

Topographic Lease Stipulations for OCS Lease Sale 171

Subpart M—Monterey Bay National Marine Sanctuary

§ 922.130 Boundary.

§ 922.131 Definitions.

§ 922.132 Prohibited or otherwise regulated activities.

§ 922.133 Permit procedures and criteria.

§ 922.134 Notification and review.

Appendix A to Subpart M of Part 922—Monterey Bay National Marine Sanctuary Boundary 

Coordinates

Appendix B to Subpart M of Part 922—Zones Within the Sanctuary Where Overflights Below 

1000 Feet Are Prohibited

Appendix C to Subpart M of Part 922—Dredged Material Disposal Sites Within the Sanctuary

Appendix D to Subpart M of Part 922—Dredged Material Disposal Sites Adjacent to the 

Monterey Bay National Marine Sanctuary

Appendix E to Subpart M of Part 922—Motorized Personal Watercraft Zones and Access 

Routes Within the Sanctuary

Appendix F to Subpart M of Part 922—Davidson Seamount Management Zone

Subpart N—Stellwagen Bank National Marine Sanctuary

§ 922.140 Boundary.

§ 922.141 Definitions.

§ 922.142 Prohibited or otherwise regulated activities.

§ 922.143 Permit procedures and criteria.

Appendix A to Subpart N of Part 922—Stellwagen Bank National Marine Sanctuary Boundary 

Coordinates

Subpart O—Olympic Coast National Marine Sanctuary

§ 922.150 Boundary.

§ 922.151 Definitions.

§ 922.152 Prohibited or otherwise regulated activities.

§ 922.153 Permit procedures and criteria.

§ 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent 

county governments.

Appendix A to Subpart O of Part 922—Olympic Coast National Marine Sanctuary Boundary 

Coordinates

Subpart P—Florida Keys National Marine Sanctuary

§ 922.160 Purpose.

§ 922.161 Boundary.

§ 922.162 Definitions.

§ 922.163 Prohibited activities—Sanctuary-wide.

§ 922.164 Additional activity regulations by Sanctuary area.

§ 922.165 Emergency regulations.

§ 922.166 Permits other than for access to the Tortugas Ecological Reserve—application 

procedures and issuance criteria.

§ 922.167 Permits for access to the Tortugas Ecological Reserve.

§ 922.168 [Reserved]

Appendix I to Subpart P of Part 922—Florida Keys National Marine Sanctuary Boundary 

Coordinates

Appendix II to Subpart P of Part 922—Existing Management Areas Boundary Coordinates

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Appendix III to Subpart P of Part 922—Wildlife Management Areas Access Restrictions

Appendix IV to Subpart P of Part 922—Ecological Reserves Boundary

Appendix V to Subpart P of Part 922—Sanctuary Preservation Areas Boundary Coordinates

Appendix VI to Subpart P of Part 922—Special-Use Areas Boundary Coordinates and Use 

Designations

Appendix VII to Subpart P of Part 922—Areas To Be Avoided Boundary Coordinates

Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary

§ 922.180 Purpose.

§ 922.181 Boundary.

§ 922.182 Definitions.

§ 922.183 Allowed activities.

§ 922.184 Prohibited activities.

§ 922.185 Emergency regulations.

§ 922.186 Penalties; appeals.

§ 922.187 Interagency Cooperation.

Appendix A to Subpart Q of Part 922—Hawaiian Islands Humpback Whale, National Marine 

Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and 

Excluded Areas.

Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve

§ 922.190 Boundary.

§ 922.191 Definitions.

§ 922.192 Joint Management Committee.

§ 922.193 Prohibited or otherwise regulated activities.

§ 922.194 Certification of preexisting leases, licenses, permits, approvals, other 

authorizations, or rights to conduct a prohibited activity.

§ 922.195 Permit procedures and criteria.

§ 922.196 Emergency regulations.

§ 922.197 Consultation with affected federally-recognized Indian tribes.

§ 922.198 Procedures for determining watercraft and related items which sink on or after the 

date of Sanctuary designation to be an underwater cultural resource.

Appendix A to Subpart R of Part 922—Thunder Bay National Marine Sanctuary and 

Underwater Preserve Boundary Coordinates

Appendix B to Subpart R of Part 922—Minor Projects for Purposes of §922.193(a)(2)(iii)

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

Source: 60 FR 66877, Dec. 27, 1995, unless otherwise noted. 

Editorial Note: Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997 and at 62 FR 

67724, Dec. 30, 1997. 

Subpart A—General 

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§ 922.1 Applicability of regulations. 

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Unless noted otherwise, the regulations in Subparts A, D and E apply to all thirteen National Marine 

Sanctuaries for which site-specific regulations appear in Subparts F through R, respectively. Subparts B 

and C apply to the site evaluation list and to the designation of future Sanctuaries. 

[65 FR 39055, June 22, 2000] 

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§ 922.2 Mission, goals, and special policies. 

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(a) In accordance with the standards set forth in title III of the Marine Protection, Research, and 

Sanctuaries Act of 1972, as amended, also known as the National Marine Sanctuaries Act (Act) the 

mission of the National Marine Sanctuary program (Program) is to identify, designate and manage areas 

of the marine environment of special national, and in some cases international, significance due to their 

conservation, recreational, ecological, historical, research, educational, or aesthetic qualities. 

(b) The goals of the Program are to carry out the mission to: 

(1) Identify and designate as National Marine Sanctuaries areas of the marine environment which are of 

special national significance; 

(2) Provide authority for comprehensive and coordinated conservation and management of these marine 

areas, and activities affecting them, in a manner which complements existing regulatory authorities; 

(3) Support, promote, and coordinate scientific research on, and monitoring of, the resources of these 

marine areas, especially long-term monitoring and research of these areas; 

(4) Enhance public awareness, understanding, appreciation, and wise use of the marine environment; 

(5) Facilitate to the extent compatible with the primary objective of resource protection, all public and 

private uses of the resources of these marine areas not prohibited pursuant to other authorities; 

(6) Develop and implement coordinated plans for the protection and management of these areas with 

appropriate Federal agencies, State and local governments, Native American tribes and organizations, 

international organizations, and other public and private interests concerned with the continuing health 

and resilience of these marine areas; 

(7) Create models of, and incentives for, ways to conserve and manage these areas; 

(8) Cooperate with global programs encouraging conservation of marine resources; and 

(9) Maintain, restore, and enhance living resources by providing places for species that depend upon 

these marine areas to survive and propagate. 

(c) To the extent consistent with the policies set forth in the Act, in carrying out the Program's mission 

and goals: 

(1) Particular attention will be given to the establishment and management of marine areas as National 

Marine Sanctuaries for the protection of the area's natural resource and ecosystem values; particularly 

for ecologically or economically important or threatened species or species assemblages, and for 

offshore areas where there are no existing special area protection mechanisms; 

(2) The size of a National Marine Sanctuary, while highly dependent on the nature of the site's 

resources, will be no larger than necessary to ensure effective management; 

(d) Management efforts will be coordinated to the extent practicable with other countries managing 

marine protected areas; 

(e) Program regulations, policies, standards, guidelines, and procedures under the Act concerning the 

identification, evaluation, registration, and treatment of historical resources shall be consistent, to the 

extent practicable, with the declared national policy for the protection and preservation of these 

resources as stated in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., the 

Archeological and Historical Preservation Act of 1974, 16 U.S.C. 469 et seq., and the Archeological 

Resources Protection Act of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory 

protection and preservation planning policy extended to historical resources on land shall be extended, 

to the extent practicable, to historical resources in the marine environment within the boundaries of 

designated National Marine Sanctuaries. The management of historical resources under the authority of 

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the Act shall be consistent, to the extent practicable, with the Federal archeological program by 

consulting the Uniform Regulations, ARPA (43 CFR part 7) and other relevant Federal regulations. The 

Secretary of the Interior's Standards and Guidelines for Archeology may also be consulted for guidance. 

These guidelines are available from the Office of Ocean and Coastal Management at (301) 713–3125. 

§ 922.3 Definitions. 

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Act means title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 

U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act. 

Active Candidate means a site selected by the Secretary from the Site Evaluation List for further 

consideration for possible designation as a National Marine Sanctuary. 

Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone 

Management, National Oceanic and Atmospheric Administration (NOAA), or designee. 

Benthic community means the assemblage of organisms, substrate, and structural formations found at 

or near the bottom that is periodically or permanently covered by water. 

Commercial fishing means any activity that results in the sale or trade for intended profit of fish, shellfish, 

algae, or corals. 

Conventional hook and line gear means any fishing apparatus operated aboard a vessel and composed 

of a single line terminated by a combination of sinkers and hooks or lures and spooled upon a reel that 

may be hind- or electrically operated, hand-held or mounted. This term does not include bottom 

longlines. 

Cultural resources means any historical or cultural feature, including archaeological sites, historic 

structures, shipwrecks, and artifacts. 

Director means, except where otherwise specified, the Director of the Office of Ocean and Coastal 

Resource Management, NOAA, or designee. 

Exclusive economic zone means the exclusive economic zone as defined in the Magnuson Fishery 

Conservation and Management Act, 16 U.S. 1801 et seq. 

Fish wastes means waste materials resulting from commercial fish processing operations. 

Historical resource means 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, as amended. 

Indian tribe means any American Indian tribe, band, group, or community recognized as such by the 

Secretary of the Interior. 

Injure means to change adversely, either in the short or long term, a chemical, biological or physical 

attribute of, or the viability of. This includes, but is not limited to, to cause the loss of or destroy. 

Lightering means at-sea transfer of petroleum-based products, materials, or other matter from vessel to 

vessel. 

Marine means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, 

and submerged lands over which the United States exercises jurisdiction, including the exclusive 

economic zone, consistent with international law. 

Mineral means clay, stone, sand, gravel, metalliferous ore, non-metalliferous ore, or any other solid 

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material or other matter of commercial value. 

National historic landmark means a district, site, building, structure or object designated as such by the 

Secretary of the Interior under the National Historic Landmarks Program (36 CFR part 65). 

National Marine Sanctuary means an area of the marine environment of special national significance 

due to its resource or human-use values, which is designated as such to ensure its conservation and 

management. 

Person means any private individual, partnership, corporation or other entity; or any officer, employee, 

agent, department, agency or instrumentality of the Federal government, of any State or local unit of 

government, or of any foreign government. 

Regional Fishery Management Council means any fishery council established under section 302 of the 

Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. 

Sanctuary quality means 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. 

Sanctuary resource means any living or non-living 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, brine-seep biota, 

phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and 

historical resources. For Thunder Bay National Marine Sanctuary and Underwater Preserve, Sanctuary 

resource means an underwater cultural resource as defined at §922.191. 

Secretary means the Secretary of the United States Department of Commerce, or designee. 

Shunt means to discharge expended drilling cuttings and fluids near the ocean seafloor. 

Site Evaluation List (SEL) means a list of selected natural and historical resource sites selected by the 

Secretary as qualifying for further evaluation for possible designation as National Marine Sanctuaries. 

State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana Islands, American Samoa, the United States Virgin Islands, 

Guam, and any other commonwealth, territory, or possession of the United States. 

Subsistence use means the customary and traditional use by rural residents of areas near or in the 

marine environment for direct personal or family consumption as food, shelter, fuel, clothing, tools, or 

transportation; for the making and selling of handicraft articles; and for barter, if for food or non-edible 

items other than money, if the exchange is of a limited and non-commercial nature. 

Take or taking means: (1) For any marine mammal, sea turtle, or seabird listed as either endangered or 

threatened pursuant to the Endangered Species Act, to harass, harm, pursue, hunt, shoot, wound, kill, 

trap, capture, collect or injure, or to attempt to engage in any such conduct; (2) For any other marine 

mammal, sea turtle, or seabird, to harass, hunt, capture, kill, collect or injure, or to attempt to engage in 

any such conduct. For the purposes of both (1) and (2) of this definition, this includes, but is not limited 

to, to collect any dead or injured marine mammal, sea turtle or seabird, or any part thereof; to restrain or 

detain any marine mammal, sea turtle or seabird, or any part thereof, no matter how temporarily; to tag 

any sea turtle, marine mammal or seabird; to operate a vessel or aircraft or to do any other act that 

results in the disturbance or molestation of any marine mammal, sea turtle or seabird. 

Tropical fish means fish or minimal sport and food value, usually brightly colored, often used for aquaria 

purposes and which lives in a direct relationship with live bottom communities. 

Vessel means a watercraft of any description capable of being used as a means of transportation in/on 

the waters of a Sanctuary. 

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, 2000] 

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§ 922.4 Effect of National Marine Sanctuary designation. 

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The designation of a National Marine Sanctuary, and the regulations implementing it, are binding on any 

person subject to the jurisdiction of the United States. Designation does not constitute any claim to 

territorial jurisdiction on the part of the United States for designated sites beyond the U.S. territorial sea, 

and the regulations implementing the designation shall be applied in accordance with generally 

recognized principles of international law, and in accordance with treaties, conventions, and other 

agreements to which the United States is a party. No regulation shall apply to a person who is not a 

citizen, national, or resident alien of the United States, unless in accordance with: 

(a) Generally recognized principles of international law; 

(b) An agreement between the United States and the foreign state of which the person is a citizen; or 

(c) An agreement between the United States and the flag state of the foreign vessel, if the person is a 

crew member of the vessel. 

Subpart B—Site Evaluation List (SEL) 

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§ 922.10 General. 

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(a) The Site Evaluation List (SEL) was established as a comprehensive list of marine sites with high 

natural resource values and with historical qualities of special national significance that are highly 

qualified for further evaluation for possible designation as National Marine Sanctuaries. 

(b) The SEL is currently inactive. Criteria for inclusion of marine sites on a revised SEL will be issued, 

with public notice and opportunity to comment, when the Director determines that the SEL should be 

reactivated. 

(c) Only sites on the SEL may be considered for subsequent review as active candidates for 

designation. 

(d) Placement of a site on the SEL, or selection of a site from the SEL as an active candidate for 

designation as provided for in §922.21, by itself shall not subject the site to any regulatory control under 

the Act. Such controls may only be imposed after designation. 

Subpart C—Designation of National Marine Sanctuaries 

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§ 922.20 Standards and procedures for designation. 

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In designating a National Marine Sanctuary, the Secretary shall apply the standards and procedures set 

forth in section 303 and section 304 of the Act. 

§ 922.21 Selection of active candidates. 

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(a) The Secretary shall, from time to time, select a limited number of sites from the SEL for Active 

Candidate consideration based on a preliminary assessment of the designation standards set forth in 

section 303 of the Act. 

(b) Selection of a site as an Active Candidate shall begin the formal Sanctuary designation-evaluation 

process. A notice of intent to prepare a draft environmental impact statement shall be published in the 

 Federal Register and in newspapers in the area(s) of local concern. A brief written analysis describing 

the site shall be provided. The Secretary, at any time, may drop a site from consideration if the Secretary 

determines that the site does not meet the designation standards and criteria set forth in the Act. 

§ 922.22 Development of designation materials. 

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(a) In designating a National Marine Sanctuary, the Secretary shall prepare the designation materials 

described in section 304 of the Act. 

(b) If a proposed Sanctuary includes waters within the exclusive economic zone, the Secretary shall 

notify the appropriate Regional Fishery Management Council(s) which shall have one hundred and 

twenty (120) days from the date of such notification to make recommendations and, if appropriate, 

prepare draft fishery regulations and to submit them to the Secretary. In preparing its recommendations 

and draft regulations, the Council(s) shall use as guidance the national standards of section 301(a) of 

the Magnuson Act (16 U.S.C. 1851) to the extent that they are consistent and compatible with the goals 

and objectives of the proposed Sanctuary designation. Fishery activities not proposed for regulation 

under section 304(a)(5) of the Act may be listed in the draft Sanctuary designation document as 

potentially subject to regulation, without following the procedures specified in section 304(a)(5) of the 

Act. If the Secretary subsequently determines that regulation of any such fishery activity is necessary, 

then the procedures specified in section 304(a)(5) of the Act shall be followed. 

§ 922.23 Coordination with States and other Federal agencies. 

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(a) The Secretary shall consult and cooperate with affected States throughout the National Marine 

Sanctuary designation process. In particular the Secretary shall: 

(1) Consult with the relevant State officials prior to selecting any site on the SEL as an Active Candidate 

pursuant to §922.21, especially concerning the relationship of any site to State waters and the 

consistency of the proposed designation with a federally approved State coastal zone management 

program. For the purposes of a consistency review by States with federally approved coastal zone 

management programs, designation of a National Marine Sanctuary is deemed to be a Federal activity, 

which, if affecting the State's coastal zone, must be undertaken in a manner consistent to the maximum 

extent practicable with the approved State coastal zone program as provided by section 307(c)(1) of the 

Coastal Zone Management Act of 1972, as amended, and implementing regulations at 15 CFR part 930, 

subpart. 

(2) Ensure that relevant State agencies are consulted prior to holding any public hearings pursuant to 

section 304(a)(3) of the Act. 

(3) Provide the Governor(s) of any State(s) in which a proposed Sanctuary would be located an 

opportunity to certify the designation or any of its terms as unacceptable as specified in section 304(b)

(1) of the Act. 

(b) The Secretary shall develop proposed regulations relating to activities under the jurisdiction of one or 

more other Federal agencies in consultation with those agencies. 

§ 922.24 Congressional documents. 

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In designating a National Marine Sanctuary, the Secretary shall prepare and submit to Congress those 

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documents described in section 304 of the Act. 

§ 922.25 Designation determination and findings. 

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(a) In designating a National Marine Sanctuary, the Secretary shall prepare a written Designation 

Determination and Findings which shall include those findings and determinations described in section 

303 of the Act. 

(b) In addition to those factors set forth in section 303 of the Act, the Secretary, when making a 

designation determination, shall consider the Program's fiscal capability to manage the area as a 

National Marine Sanctuary. 

Subpart D—Management Plan Development and Implementation 

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§ 922.30 General. 

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(a) The Secretary shall implement each management plan, and applicable regulations, including carrying 

out surveillance and enforcement activities and conducting such research, monitoring, evaluation, and 

education programs as are necessary and reasonable to carry out the purposes and policies of the Act. 

(b) Consistent with Sanctuary management plans, the Secretary shall develop and implement sitespecific contingency and emergency-response plans designed to protect Sanctuary resources. The 

plans shall contain alert procedures and actions to be taken in the event of an emergency such as a 

shipwreck or an oil spill. 

§ 922.31 Promotion and coordination of Sanctuary use. 

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The Secretary shall take such action as is necessary and reasonable to promote and coordinate the use 

of National Marine Sanctuaries for research, monitoring, and education purposes. Such action may 

include consulting with Federal agencies, or other persons to promote use of one or more Sanctuaries 

for research, monitoring and education, including coordination with the National Estuarine Research 

Reserve System. 

Subpart E—Regulations of General Applicability 

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§ 922.40 Purpose. 

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The purpose of the regulations in this subpart and in subparts F through R is to implement the 

designations of the thirteen National Marine Sanctuaries for which site specific regulations appear in 

subparts F through R, respectively, by regulating activities affecting them, consistent with their 

respective terms of designation in order to protect, preserve and manage and thereby ensure the health, 

integrity and continued availability of the conservation, ecological, recreational, research, educational, 

historical and aesthetic resources and qualities of these areas. Additional purposes of the regulations 

implementing the designation of the Florida Keys and Hawaiian Islands Humpback Whale National 

Marine Sanctuaries are found at §§922.160, and 922.180, respectively. 

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[65 FR 39055, June 22, 2000] 

§ 922.41 Boundaries. 

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The boundary for each of the thirteen National Marine Sanctuaries covered by this part is described in 

subparts F through R, respectively. 

[65 FR 39055, June 22, 2000] 

§ 922.42 Allowed activities. 

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All activities (e.g., fishing, boating, diving, research, education) may be conducted unless prohibited or 

otherwise regulated in Subparts F through R, subject to any emergency regulations promulgated 

pursuant to §§922.44, 922.111(c), 922.165, 922.186, or 922.196, subject to all prohibitions, regulations, 

restrictions, and conditions validly imposed by any Federal, State, or local authority of competent 

jurisdiction, including Federal and State fishery management authorities, and subject to the provisions of 

section 312 of the National Marine Sanctuaries Act (NMSA), (16 U.S.C. 1431 et seq. ). The Assistant 

Administrator may only directly regulate fishing activities pursuant to the procedure set forth in section 

304(a)(5) of the NMSA. 

[65 FR 39055, June 22, 2000] 

§ 922.43 Prohibited or otherwise regulated activities. 

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Subparts F through R set forth site-specific regulations applicable to the activities specified therein. 

[65 FR 39055, June 22, 2000] 

§ 922.44 Emergency regulations. 

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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 such activities are 

subject to immediate temporary regulation, including prohibition. The provisions of this section do not 

apply to the Cordell Bank, Florida Keys, Hawaiian Islands Humpback Whale, and Thunder Bay National 

Marine Sanctuaries. See §§922.111(c), 922.165, and 922.186, 922.196, respectively, for the authority to 

issue emergency regulations with respect to those sanctuaries. 

[65 FR 39055, June 22, 2000] 

§ 922.45 Penalties. 

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(a) Each violation of the NMSA or FKNMSPA, any regulation in this part, or any permit issued pursuant 

thereto, is subject to a civil penalty of not more than $ 100,000. Each day of a continuing violation 

constitutes a separate violation. 

(b) Regulations setting forth the procedures governing administrative proceedings for assessment of civil 

penalties, permit sanctions, and denials for enforcement reasons, issuance and use of written warnings, 

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and release or forfeiture of seized property appear at 15 CFR part 904. 

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997] 

§ 922.46 Response costs and damages. 

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Under section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary 

resource is liable to the United States for response costs and damages resulting from such destruction, 

loss or injury, and any vessel used to destroy, cause the loss of, or injure any Sanctuary resource is 

liable in rem to the United States for response costs and damages resulting from such destruction, loss 

or injury. 

§ 922.47 Pre-existing authorizations or rights and certifications of pre-existing 

authorizations or rights. 

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(a) Leases, permits, licenses, or rights of subsistence use or access in existence on the date of 

designation of any National Marine Sanctuary shall not be terminated by the Director. The Director may, 

however, regulate the exercise of such leases, permits, licenses, or rights consistent with the purposes 

for which the Sanctuary was designated. 

(b) The prohibitions listed in subparts F through P, and subpart R do not apply to any activity authorized 

by a valid lease, permit, license, approval or other authorization in existence on the effective date of 

Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of 

the regulations in subpart P, and issued by any Federal, State or local authority of competent 

jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of 

Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of 

the regulations in subpart P, provided that the holder of such authorization or right complies with 

certification procedures and criteria promulgated at the time of Sanctuary designation, or in the case of 

the Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, and with 

any terms and conditions on the exercise of such authorization or right imposed by the Director as a 

condition of certification as the Director deems necessary to achieve the purposes for which the 

Sanctuary was designated. 

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, 2000] 

§ 922.48 National Marine Sanctuary permits—application procedures and issuance 

criteria. 

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(a) A person may conduct an activity prohibited by subparts F through O, if conducted in accordance 

with the scope, purpose, terms and conditions of a permit issued under this section and subparts F 

through O, as appropriate. For the Florida Keys National Marine Sanctuary, a person may conduct an 

activity prohibited by subpart P if conducted in accordance with the scope, purpose, terms and 

conditions of a permit issued under §922.166. For the Thunder Bay National Marine Sanctuary and 

Underwater Preserve, a person may conduct an activity prohibited by subpart R in accordance with the 

scope, purpose, terms and conditions of a permit issued under §922.195. 

(b) Applications for permits to conduct activities otherwise prohibited by subparts F through O should be 

addressed to the Director and sent to the address specified in subparts F through O, or subpart R, as 

appropriate. An application must include: 

(1) A detailed description of the proposed activity including a timetable for completion; 

(2) The equipment, personnel and methodology to be employed; 

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(3) The qualifications and experience of all personnel; 

(4) The potential effects of the activity, if any, on Sanctuary resources and qualities; and (5) Copies of all 

other required licenses, permits, approvals or other authorizations. 

(c) Upon receipt of an application, the Director may request such additional information from the 

applicant as he or she deems necessary to act on the application and may seek the views of any 

persons or entity, within or outside the Federal government, and may hold a public hearing, as deemed 

appropriate. 

(d) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he 

or she deems appropriate, to conduct a prohibited activity, in accordance with the criteria found in 

subparts F through O, or subpart R, as appropriate. The Director shall further impose, at a minimum, the 

conditions set forth in the relevant subpart. 

(e) A permit granted pursuant to this section is nontransferable. 

(f) The Director may amend, suspend, or revoke a permit issued pursuant to this section for good cause. 

The Director may deny a permit application pursuant to this section, in whole or in part, if it is determined 

that the permittee or applicant has acted in violation of the terms and conditions of a permit or of the 

regulations set forth in this section or subparts F through O, subpart R or for other good cause. Any such 

action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth 

the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement 

reasons are set forth in subpart D of 15 CFR part 904. 

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39056, June 22, 2000] 

§ 922.49 Notification and review of applications for leases, licenses, permits, 

approvals, or other authorizations to conduct a prohibited activity. 

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(a) A person may conduct an activity prohibited by subparts L through P, or subpart R, if such activity is 

specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other 

authorization issued after the effective date of Sanctuary designation, or in the case of the Florida Keys 

National Marine Sanctuary after the effective date of the regulations in subpart P, provided that: 

(1) The applicant notifies the Director, in writing, of the application for such authorization (and of any 

application for an amendment, renewal, or extension of such authorization) within fifteen (15) days of the 

date of filing of the application or the effective date of Sanctuary designation, or in the case of the 

Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, whichever is 

later; 

(2) The applicant complies with the other provisions of this §922.49; 

(3) The Director notifies the applicant and authorizing agency that he or she does not object to issuance 

of the authorization (or amendment, renewal, or extension); and 

(4) The applicant complies with any terms and conditions the Director deems reasonably necessary to 

protect Sanctuary resources and qualities. 

(b) Any potential applicant for an authorization described in paragraph (a) of this section may request the 

Director to issue a finding as to whether the activity for which an application is intended to be made is 

prohibited by subparts L through P, or subpart R, as appropriate. 

(c) Notification of filings of applications should be sent to the Director, Office of Ocean and Coastal 

Resource Management at the address specified in subparts L through P, or subpart R, as appropriate. A 

copy of the application must accompany the notification. 

(d) The Director may request additional information from the applicant as he or she deems reasonably 

necessary to determine whether to object to issuance of an authorization described in paragraph (a) of 

this section, or what terms and conditions are reasonably necessary to protect Sanctuary resources and 

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qualities. The information requested must be received by the Director within 45 days of the postmark 

date of the request. The Director may seek the views of any persons on the application. 

(e) The Director shall notify, in writing, the agency to which application has been made of his or her 

pending review of the application and possible objection to issuance. Upon completion of review of the 

application and information received with respect thereto, the Director shall notify both the agency and 

applicant, in writing, whether he or she has an objection to issuance and what terms and conditions he 

or she deems reasonably necessary to protect Sanctuary resources and qualities, and reasons therefor. 

(f) The Director may amend the terms and conditions deemed reasonably necessary to protect 

Sanctuary resources and qualities whenever additional information becomes available justifying such an 

amendment. 

(g) Any time limit prescribed in or established under this §922.49 may be extended by the Director for 

good cause. 

(h) The applicant may appeal any objection by, or terms or conditions imposed by, the Director to the 

Assistant Administrator or designee in accordance with the provisions of §922.50. 

[62 FR 4608, Jan. 30, 1997, as amended at 65 FR 39056, June 22, 2000] 

§ 922.50 Appeals of administrative action. 

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(a)(1) Except for permit actions taken for enforcement reasons (see subpart D of 15 CFR part 904 for 

applicable procedures), an applicant for, or a holder of, a National Marine Sanctuary permit; an applicant 

for, or a holder of, a Special Use permit issued pursuant to section 310 of the Act; a person requesting 

certification of an existing lease, permit, license or right of subsistence use or access under §922.47; or, 

for those Sanctuaries described in subparts L through P and subpart R, an applicant for a lease, permit, 

license or other authorization issued by any Federal, State, or local authority of competent jurisdiction 

(hereinafter appellant) may appeal to the Assistant Administrator: 

(i) The granting, denial, conditioning, amendment, suspension or revocation by the Director of a National 

Marine Sanctuary or Special Use permit; 

(ii) The conditioning, amendment, suspension or revocation of a certification under §922.47; or 

(iii) For those Sanctuaries described in subparts L through P and subpart R, the objection to issuance of 

or the imposition of terms and conditions on a lease, permit, license or other authorization issued by any 

Federal, State, or local authority of competent jurisdiction. 

(2) For those National Marine Sanctuaries described in subparts F through K, any interested person may 

also appeal the same actions described in §922.50(a)(1)(i) and (ii). For appeals arising from actions 

taken with respect to these National Marine Sanctuaries, the term “appellant” includes any such 

interested persons. 

(b) An appeal under paragraph (a) of this section must be in writing, state the action(s) by the Director 

appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice of the 

action by the Director. Appeals should be addressed to the Assistant Administrator for Ocean Services 

and Coastal Zone Management, NOAA 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910. 

(c)(1) The Assistant Administrator may request the appellant to submit such information as the Assistant 

Administrator deems necessary in order for him or her to decide the appeal. The information requested 

must be received by the Assistant Administrator within 45 days of the postmark date of the request. The 

Assistant Administrator may seek the views of any other persons. For the Monitor National Marine 

Sanctuary, if the appellant has requested a hearing, the Assistant Administrator shall grant an informal 

hearing. For all other National Marine Sanctuaries, the Assistant Administrator may determine whether 

to hold an informal hearing on the appeal. If the Assistant Administrator determines that an informal 

hearing should be held, the Assistant Administrator may designate an officer before whom the hearing 

shall be held. 

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(2) The hearing officer shall give notice in the Federal Register of the time, place and subject matter of 

the hearing. The appellant and the Director may appear personally or by counsel at the hearing and 

submit such material and present such arguments as deemed appropriate by the hearing officer. Within 

60 days after the record for the hearing closes, the hearing officer shall recommend a decision in writing 

to the Assistant Administrator. 

(d) The Assistant Administrator shall decide the appeal using the same regulatory criteria as for the 

initial decision and shall base the appeal decision on the record before the Director and any information 

submitted regarding the appeal, and, if a hearing has been held, on the record before the hearing officer 

and the hearing officer's recommended decision. The Assistant Administrator shall notify the appellant of 

the final decision and he reason(s) therefore in writing. The Assistant Administrator's decision shall 

constitute final agency action for the purpose of the Administrative Procedure Act. 

(e) Any time limit prescribed in or established under this section other than the 30-day limit for filing an 

appeal may be extended by the Assistant Administrator or hearing office for good cause. 

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4608, Jan. 30, 1997; 65 FR 39056, June 22, 2000; 

65 FR 60097, Oct. 10, 2000] 

Subpart F—Monitor National Marine Sanctuary 

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§ 922.60 Boundary. 

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The Monitor National Marine Sanctuary (Sanctuary) consists of a vertical water column in the Atlantic 

Ocean one mile in diameter extending from the surface to the seabed, the center of which is at 35°

00'23" north latitude and 75°24'32" west longitude. 

§ 922.61 Prohibited or otherwise regulated activities. 

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Except as may be permitted by the Director, the following activities are prohibited and thus are unlawful 

for any person to conduct or to cause to be conducted within the Sanctuary: 

(a) Anchoring in any manner, stopping, remaining, or drifting without power at any time; 

(b) Any type of subsurface salvage or recovery operation; 

(c) Diving of any type, whether by an individual or by a submersible; 

(d) Lowering below the surface of the water any grappling, suction, conveyor, dredging or wrecking 

device; 

(e) Detonating below the surface of the water any explosive or explosive mechanism; 

(f) Drilling or coring the seabed; 

(g) Lowering, laying, positioning or raising any type of seabed cable or cable-laying device; 

(h) Trawling; or 

(i) Discharging waster material into the water in violation of any Federal statute or regulation. 

§ 922.62 Permit procedure and criteria. 

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(a) Any person or entity may conduct in the Sanctuary any activity listed in §922.61 if such activity is 

either: 

(1) For the purpose of research related to the Monitor, or 

(2) Pertains to salvage or recovery operations in connection with an air or marine casualty and such 

person or entity is in possession of a valid permit issued by the Director authorizing the conduct of such 

activity; except that, no permit is required for the conduct of any activity immediately and urgently 

necessary for the protection of life, property or the environment. 

(b) Any person or entity who wishes to conduct in the Sanctuary an activity for which a permit is 

authorized by this section (hereafter a permitted activity) may apply in writing to the Director for a permit 

to conduct such activity citing this section as the basis for the application. Such application should be 

made to: Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Monitor 

National Marine Sanctuary, Building 1519, NOAA, Fort Eustis, VA 23604–5544. 

(c) In considering whether to grant a permit for the conduct of a permitted activity for the purpose of 

research related to the Monitor, the Secretary shall evaluate such matters as: 

(1) The general professional and financial responsibility of the applicant; 

(2) The appropriateness of the research method(s) envisioned to the purpose(s) of the research; 

(3) The extent to which the conduct of any permitted activity may diminish the value of the MONITOR as 

a source of historic, cultural, aesthetic and/or maritime information; 

(4) The end value of the research envisioned; and 

(5) Such other matters as the Director deems appropriate. 

(d) In considering whether to grant a permit for the conduct of a permitted activity in the Sanctuary in 

relation to an air or marine casualty, the Director shall consider such matters as: 

(1) The fitness of the applicant to do the work envisioned; 

(2) The necessity of conducting such activity; 

(3) The appropriateness of any activity envisioned to the purpose of the entry into the Sanctuary; 

(4) The extent to which the conduct of any such activity may diminish the value of the Monitor as a 

source of historic, cultural, aesthetic and/or maritime information; and 

(5) Such other matters as the Director deems appropriate. 

(e) In considering any application submitted pursuant to this section, the Director shall seek and 

consider the views of the Advisory Council on Historic Preservation. 

(f) The Director may observe any activity permitted by this section; and/or may require the submission of 

one or more reports of the status or progress of such activity. 

Subpart G—Channel Islands National Marine Sanctuary 

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§ 922.70 Boundary. 

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The Channel Islands National Marine Sanctuary (Sanctuary) consists of an area of approximately 1,110 

square nautical miles (nmi) of coastal and ocean waters, and the submerged lands thereunder, off the 

southern coast of California. The Sanctuary boundary begins at the Mean High Water Line of and 

extends seaward to a distance of approximately six nmi from the following islands and offshore rocks: 

San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, 

Richardson Rock, and Castle Rock (the Islands). The seaward boundary coordinates are listed in 

appendix A to this subpart. 

[74 FR 3260, Jan. 16, 2009] 

§ 922.71 Definitions. 

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

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

Graywater means galley, bath, or shower water. 

Introduced species means any species (including but not limited to any of its biological matter capable of 

propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which altered 

genetic matter, or genetic matter from another species, has been transferred in order that the host 

organism acquires the genetic traits of the transferred genes. 

Motorized personal watercraft means a vessel, usually less than 16 feet in length, which uses an 

inboard, internal combustion engine powering a water jet pump as its primary source of propulsion. The 

vessel is intended to be operated by a person or persons sitting, standing or kneeling on the vessel, 

rather than within the confines of the hull. The length is measured from end to end over the deck 

excluding sheer, meaning a straight line measurement of the overall length from the foremost part of the 

vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, 

rudders, outboard motor brackets, and similar fittings or attachments, are not included in the 

measurement. Length is stated in feet and inches. 

Oceangoing ship means a private, commercial, government, or military vessel of 300 gross registered 

tons or more, not including cruise ships. 

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

billfishes (family Istiophoridae ), dolphinfish ( Coryphaena hippurus ), Pacific herring ( Clupea pallasi ), 

jack mackerel ( Trachurus symmetricus ), Pacific mackerel ( Scomber japonicus ), salmon 

( Oncorhynchus spp. ), Pacific sardine ( Sardinops sagax ), blue shark ( Prionace glauca ), salmon shark 

( Lamna ditropis ), shortfin mako shark ( Isurus oxyrinchus ), thresher sharks ( Alopias spp. ), swordfish 

( Xiphias gladius ), tunas (family Scombridae ), and yellowtail ( Seriola lalandi ). 

Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by 

being securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, or partially 

disassembled (such as spear shafts being kept separate from spear guns). 

[74 FR 3260, Jan. 16, 2009] 

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

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(a) Except as specified in paragraphs (b) through (e) of this section, the following activities are prohibited 

and thus unlawful for any person to conduct or cause to be conducted: 

(1) Exploring for, developing, or producing hydrocarbons within the Sanctuary, except pursuant to leases 

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executed prior to March 30, 1981, and except the laying of pipeline pursuant to exploring for, 

developing, or producing hydrocarbons. 

(2) Exploring for, developing, or producing minerals within the Sanctuary, except producing by-products 

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

(3)(i) Discharging or depositing from within or into the Sanctuary any material or other matter except: 

(A) Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity within the 

Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within 

the Sanctuary; 

(B) For a vessel less than 300 gross registered tons (GRT), or an oceangoing ship without sufficient 

holding tank capacity to hold sewage while within the Sanctuary, biodegradable effluent generated 

incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard 

classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as 

amended, (FWPCA), 33 U.S.C. 1321 et seq. Vessel operators must lock all marine sanitation devices in 

a manner that prevents discharge or deposit of untreated sewage; 

(C) Biodegradable matter from: 

( 1 ) Vessel deck wash down; 

( 2 ) Vessel engine cooling water; 

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

( 4 ) Graywater from an oceangoing ship without sufficient holding tank capacity to hold graywater while 

within the Sanctuary; 

(D) Vessel engine or generator exhaust; 

(E) Effluent routinely and necessarily discharged or deposited incidental to hydrocarbon exploration, 

development, or production allowed by paragraph (a)(1) of this section; or 

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

(ii) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter 

that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed 

in paragraphs (a)(3)(i)(B) through (F) of this section and fish, fish parts, or chumming materials (bait) 

used in or resulting from lawful fishing activity beyond the boundary of the Sanctuary, provided that such 

discharge or deposit is during the conduct of lawful fishing activity there. 

(4) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing or 

placing any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as 

incidental to and necessary to: 

(i) Anchor a vessel; 

(ii) Install an authorized navigational aid; 

(iii) Conduct lawful fishing activity; 

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

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

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

(6) Except to transport persons or supplies to or from any Island, operating within one nmi of any Island 

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any vessel engaged in the trade of carrying cargo, including, but not limited to, tankers and other bulk 

carriers and barges, any vessel engaged in the trade of servicing offshore installations, or any vessel of 

three hundred gross registered tons or more, except fishing or kelp harvesting vessels. 

(7) Disturbing a seabird or marine mammal by flying a motorized aircraft at less than 1,000 feet over the 

waters within one nmi of any Island, except (if allowed under paragraph (a)(9) of this section): 

(i) To engage in kelp bed surveys; or 

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

(8) Moving, removing, injuring, or possessing, or attempting to move, remove, injure, or possess a 

Sanctuary historical resource. 

(9) Taking any marine mammal, sea turtle, or seabird within or above the Sanctuary, except as 

authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq. , 

Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq. , Migratory Bird Treaty Act, as 

amended, (MBTA), 16 U.S.C. 703 et seq. , or any regulation, as amended, promulgated under the 

MMPA, ESA, or MBTA. 

(10) Possessing within the Sanctuary (regardless of where taken from, moved, or removed from) any 

marine mammal, sea turtle, or seabird, except as authorized by the MMPA, ESA, MBTA, or any 

regulation, as amended, promulgated under the MMPA, ESA, or MBTA. 

(11) Marking, defacing, damaging, moving, removing, or tampering with any sign, notice, or placard, 

whether temporary or permanent, or any monument, stake, post, or other boundary marker related to the 

Sanctuary. 

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

striped bass ( Morone saxatilis ) released during catch and release fishing activity. 

(13) Operating a motorized personal watercraft within waters of the Sanctuary that are coextensive with 

the Channel Islands National Park, established by 16 U.S.C. 410(ff). 

(b)(1) The prohibitions in paragraphs (a)(3) through (13) of this section and in §922.73 do not apply to 

military activities carried out by DOD as of the effective date of these regulations and specifically 

identified in section 3.5.9 (Department of Defense Activities) of the Final Channel Islands National 

Marine Sanctuary Management Plan/Final Environmental Impact Statement (FMP/FEIS), Volume II: 

Environmental Impact Statement, 2008, authored and published by NOAA (“pre-existing activities”). 

Copies of the document are available from the Channel Islands National Marine Sanctuary, 113 Harbor 

Way, Santa Barbara, CA 93109. Other military activities carried out by DOD may be exempted by the 

Director after consultation between the Director and DOD. 

(2) A military activity carried out by DOD as of the effective date of these regulations and specifically 

identified in the section entitled “Department of Defense Activities” of the FMP/FEIS is not considered a 

pre-existing activity if: 

(i) It is modified in such a way that requires the preparation of an environmental assessment or 

environmental impact statement under the National Environmental Policy Act, 42 U.S.C. 4321 et seq. , 

relevant to a Sanctuary resource or quality; 

(ii) It is modified, including but not limited to changes in location or frequency, in such a way that its 

possible adverse effects on Sanctuary resources or qualities are significantly greater than previously 

considered for the unmodified activity; 

(iii) It is modified, including but not limited to changes in location or frequency, in such a way that its 

possible adverse effects on Sanctuary resources or qualities are significantly different in manner than 

previously considered for the unmodified activity; or 

(iv) There are new circumstances or information relevant to a Sanctuary resource or quality that were 

not addressed in the FMP/FEIS. 

(3) In the event of destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an 

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incident, including, but not limited to, discharges, deposits, and groundings, caused by a DOD activity, 

DOD, in coordination with the Director, must promptly prevent and mitigate further damage and must 

restore or replace the Sanctuary resource or quality in a manner approved by the Director. 

(4) All DOD activities must be carried out in a manner that avoids to the maximum extent practicable any 

adverse impacts on Sanctuary resources and qualities. 

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

do not apply to any activity conducted under and in accordance with the scope, purpose, terms, and 

conditions of a National Marine Sanctuary permit issued pursuant to 15 CFR 922.48 and 922.74. 

(d) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of this section and in §922.73 do not 

apply to any activity necessary to respond to an emergency threatening life, property, or the 

environment. 

(e) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of this section and in §922.73 do not 

apply to any activity necessary for valid law enforcement purposes in the Sanctuary. 

[74 FR 3260, Jan. 16, 2009] 

§ 922.73 Additional prohibited or otherwise regulated activities—marine reserves and 

marine conservation area. 

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(a) Marine reserves. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), the 

following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted 

within a marine reserve described in appendix B to this subpart, except as specified in paragraphs (b) 

through (e) of §922.72: 

(1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any 

Sanctuary resource, or attempting any of these activities. 

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

immediate use. 

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

transit. 

(b) Marine conservation area. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), 

the following activities are prohibited and thus unlawful for any person to conduct or cause to be 

conducted within the marine conservation area described in appendix C to this subpart, except as 

specified in paragraphs (b) through (e) of §922.72: 

(1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any 

Sanctuary resource, or attempting any of these activities, except: 

(i) Recreational fishing for pelagic finfish; or 

(ii) Commercial and recreational fishing for lobster. 

(2) Possessing fishing gear on board a vessel, except legal fishing gear used to fish for lobster or 

pelagic finfish, unless such gear is stowed and not available for immediate use. 

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

[74 FR 3260, Jan. 16, 2009] 

§ 922.74 Permit procedures and issuance criteria. 

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(a) A person may conduct an activity prohibited by §922.72(a)(3) through (10), (a)(12), and (a)(13), and 

§922.73, if such activity is specifically authorized by, and conducted in accordance with the scope, 

purpose, terms, and conditions of, a permit issued under §922.48 and this section. 

(b) The Director, at his or her sole discretion, may issue a permit, subject to terms and conditions as he 

or she deems appropriate, to conduct an activity prohibited by §922.72(a)(3) through (10), (a)(12), and 

(a)(13), and §922.73, if the Director finds that the activity: 

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

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

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

marine casualty; 

(4) Will assist in managing the Sanctuary; or 

(5) Will further salvage or recovery operations in connection with an abandoned shipwreck in the 

Sanctuary title to which is held by the State of California. 

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

that: 

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

resources and qualities; 

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

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

activity; 

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

(5) The methods and procedures proposed by the applicant are appropriate to achieve the goals of the 

proposed activity, especially in relation to the potential effects of the proposed activity on Sanctuary 

resources and qualities; 

(6) The proposed activity will be conducted in a manner compatible with the primary objective of 

protection of Sanctuary resources and qualities, considering the extent to which the conduct of the 

activity may diminish or enhance Sanctuary resources and qualities, any potential indirect, secondary, or 

cumulative effects of the activity, and the duration of such effects; 

(7) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary as a 

source of recreation and as a source of educational and scientific information, considering the extent to 

which the conduct of the activity may result in conflicts between different users of the Sanctuary and the 

duration of such effects; 

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

(9) The reasonably expected end value of the proposed activity furthers Sanctuary goals and purposes 

and outweighs any potential adverse effects on Sanctuary resources and qualities from the conduct of 

the activity; and 

(10) Any other matters the Director deems appropriate do not make the issuance of a permit for the 

proposed activity inappropriate. 

(d) Applications. (1) Applications for permits should be addressed to the Director, Office of National 

Marine Sanctuaries; ATTN: Manager, Channel Islands National Marine Sanctuary, 113 Harbor Way, 

Santa Barbara, CA 93109. 

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(2) In addition to the information listed in §922.48(b), all applications must include information the 

Director needs to make the findings in paragraphs (b) and (c) of this section. 

(e) In addition to any other terms and conditions that the Director deems appropriate, a permit issued 

pursuant to this section must require that the permittee agree to hold the United States harmless against 

any claims arising out of the conduct of the permitted activities. 

[74 FR 3260, Jan. 16, 2009] 

Appendix A to Subpart G of Part 922—Channel Islands National Marine Sanctuary 

Boundary Coordinates 

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[Coordinates listed in this appendix are unprojected (Geographic) and based on the North American 

Datum of 1983.] 

Point Latitude (N) Longitude (W)

1 33.94138 −119.27422

2 33.96776 −119.25010

3 34.02607 −119.23642

4 34.07339 −119.25686

5 34.10185 −119.29178

6 34.11523 −119.33040

7 34.11611 −119.39120

8 34.11434 −119.40212

9 34.11712 −119.42896

10 34.11664 −119.44844

11 34.13389 −119.48081

12 34.13825 −119.49198

13 34.14784 −119.51194

14 34.15086 −119.54670

15 34.15450 −119.54670

16 34.15450 −119.59170

17 34.15142 −119.61254

18 34.13411 −119.66024

19 34.14635 −119.69780

20 34.15988 −119.76688

21 34.15906 −119.77800

22 34.15928 −119.79327

23 34.16213 −119.80347

24 34.16962 −119.83643

25 34.17266 −119.85240

26 34.17588 −119.88903

27 34.17682 −119.93357

28 34.17258 −119.95830

29 34.13535 −120.01964

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30 34.13698 −120.04206

31 34.12994 −120.08582

32 34.12481 −120.11104

33 34.12519 −120.16076

34 34.11008 −120.21190

35 34.11128 −120.22707

36 34.13632 −120.25292

37 34.15341 −120.28627

38 34.16408 −120.29310

39 34.17704 −120.30670

40 34.20492 −120.30670

41 34.20492 −120.38830

42 34.20707 −120.41801

43 34.20520 −120.42859

44 34.19254 −120.46041

45 34.20540 −120.50728

46 34.20486 −120.53987

47 34.18182 −120.60041

48 34.10208 −120.64208

49 34.08151 −120.63894

50 34.05848 −120.62862

51 34.01940 −120.58567

52 34.01349 −120.57464

53 33.98698 −120.56582

54 33.95039 −120.53282

55 33.92694 −120.46132

56 33.92501 −120.42170

57 33.91403 −120.37585

58 33.91712 −120.32506

59 33.90956 −120.30857

60 33.88976 −120.29540

61 33.84444 −120.25482

62 33.83146 −120.22927

63 33.81763 −120.20284

64 33.81003 −120.18731

65 33.79425 −120.13422

66 33.79379 −120.10207

67 33.79983 −120.06995

68 33.81076 −120.04351

69 33.81450 −120.03158

70 33.84125 −119.96508

71 33.84865 −119.92316

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72 33.86993 −119.88330

73 33.86195 −119.88330

74 33.86195 −119.80000

75 33.86110 −119.79017

76 33.86351 −119.77130

77 33.85995 −119.74390

78 33.86233 −119.68783

79 33.87330 −119.65504

80 33.88594 −119.62617

81 33.88688 −119.59423

82 33.88809 −119.58278

83 33.89414 −119.54861

84 33.90064 −119.51936

85 33.90198 −119.51609

86 33.90198 −119.43311

87 33.90584 −119.43311

88 33.90424 −119.42422

89 33.90219 −119.40730

90 33.90131 −119.38373

91 33.90398 −119.36333

92 33.90635 −119.35345

93 33.91304 −119.33280

94 33.91829 −119.32206

95 33.48250 −119.16874

96 33.44235 −119.16797

97 33.40555 −119.14878

98 33.39059 −119.13283

99 33.36804 −119.08891

100 33.36375 −119.06803

101 33.36241 −119.04812

102 33.36320 −119.03670

103 33.36320 −118.90879

104 33.47500 −118.90879

105 33.48414 −118.90712

106 33.52444 −118.91492

107 33.53834 −118.92271

108 33.58616 −118.99540

109 33.59018 −119.02374

110 33.58516 −119.06745

111 33.58011 −119.08521

112 33.54367 −119.14460

113 33.51161 −119.16367

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[72 FR 29233, May 24, 2007] 

Appendix B to Subpart G of Part 922—Marine Reserve Boundaries 

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[Coordinates listed in this appendix are unprojected (Geographic) and based on the North American 

Datum of 1983.] 

B.1. Richardson Rock (San Miguel Island) Marine Reserve 

The Richardson Rock Marine Reserve (Richardson Rock) boundary is defined by the 3 nmi State 

boundary, the coordinates provided in Table B–1, and the following textual description. 

The Richardson Rock boundary extends from Point 1 to Point 2 along a straight line. It then extends 

from Point 2 to Point 3 along a straight line. The boundary then extends along a straight line from Point 3 

to the 3 nmi State boundary established under the Submerged Lands Act (3 nmi State boundary) where 

a line defined by connecting Point 3 and Point 4 with a straight line intersects the 3 nmi State boundary. 

The boundary then extends northwestward and then eastward along the 3 nmi State boundary until it 

intersects the line defined by connecting Point 5 and Point 6 with a straight line. At that intersection, the 

boundary extends from the 3 nmi SLA boundary to Point 6 along a straight line. 

Table B–1—Richardson Rock (San Miguel Island) Marine Reserve 

B.2. Harris Point (San Miguel Island) Marine Reserve 

The Harris Point Marine Reserve (Harris Point) boundary is defined by the 3 nmi State boundary, the 

coordinates provided in Table B–2, and the following textual description. 

The Harris Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a 

straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi 

State boundary northwestward until it intersects the line defined by connecting Point 4 and Point 5 with a 

straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a 

straight line. 

Table B–2—Harris Point (San Miguel Island) Marine Reserve 

Point Latitude Longitude

1 34.17333 °N 120.60483 °W

2 34.17333 °N 120.47000 °W

3 34.12900 °N 120.47000 °W

4 34.03685 °N 120.52120 °W

5 34.03685 °N 120.60483 °W

6 34.17333 °N 120.60483 °W

Point Latitude Longitude

1 34.20492 °N 120.38830 °W

2 34.20492 °N 120.30670 °W

3 34.10260 °N 120.30670 °W

4 34.15200 °N 120.38830 °W

5 34.20492 °N 120.38830 °W

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B.3. South Point (Santa Rosa Island) Marine Reserve 

The South Point Marine Reserve (South Point) boundary is defined by the 3 nmi State boundary, the 

coordinates provided in Table B–3, and the following textual description. 

The South Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a 

straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State 

boundary southeastward until it intersects the line defined by connecting Point 4 and Point 5 along a 

straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a 

straight line. 

Table B–3—South Point (Santa Rosa Island) Marine Reserve 

B.4. Gull Island (Santa Cruz Island) Marine Reserve 

The Gull Island Marine Reserve (Gull Island) boundary is defined by the 3 nmi State boundary, the 

coordinates provided in Table B–4, and the following textual description. 

The Gull Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a 

straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi 

State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a 

straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a 

straight line. 

Table B–4—Gull Island (Santa Cruz Island) Marine Reserve 

B.5. Scorpion (Santa Cruz Island) Marine Reserve 

The Scorpion Marine Reserve (Scorpion) boundary is defined by the 3 nmi State boundary, the 

coordinates provided in Table B–5, and the following textual description. 

The Scorpion boundary extends from Point 1 to Point 2 along a straight line. It then extends along a 

straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi 

State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a 

straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a 

straight line. 

Point Latitude Longitude

1 33.84000 °N 120.10830 °W

2 33.84000 °N 120.16670 °W

3 33.86110 °N 120.16670 °W

4 33.84700 °N 120.10830 °W

5 33.84000 °N 120.10830 °W

Point Latitude Longitude

1 33.86195 °N 119.80000 °W

2 33.86195 °N 119.88330 °W

3 33.92690 °N 119.88330 °W

4 33.90700 °N 119.80000 °W

5 33.86195 °N 119.80000 °W

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Table B–5—Scorpion (Santa Cruz Island) Marine Reserve 

B.6. Footprint Marine Reserve 

The Footprint Marine Reserve (Footprint) boundary is defined by the 3 nmi State boundary, the 

coordinates provided in Table B–6, and the following textual description. 

The Footprint boundary extends from Point 1 to Point 2 along a straight line. It then extends along a 

straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State 

boundary northeastward and then southeastward until it intersects the line defined by connecting Point 4 

and Point 5 along a straight line. At that intersection, the boundary extends from the 3 nmi State 

boundary to Point 5 along a straight line. 

Table B–6—Footprint Marine Reserve 

B.7. Anacapa Island Marine Reserve 

The Anacapa Island Marine Reserve (Anacapa Island) boundary is defined by the 3 nmi State boundary, 

the coordinates provided in Table B–7, and the following textual description. 

The Anacapa Island boundary extends from Point 1 to Point 2 along a straight line. It then extends to the 

3 nmi State boundary where a line defined by connecting Point 2 and Pont 3 with a straight line 

intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary westward until it 

intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the 

boundary extends from the 3 nmi State boundary to Point 5 along a straight line. 

Table B–7—Anacapa Island Marine Reserve 

Point Latitude Longitude

1 34.15450 °N 119.59170 °W

2 34.15450 °N 119.54670 °W

3 34.10140 °N 119.54670 °W

4 34.10060 °N 119.59170 °W

5 34.15450 °N 119.59170 °W

Point Latitude Longitude

1 33.90198 °N 119.43311 °W

2 33.90198 °N 119.51609 °W

3 33.96120 °N 119.51609 °W

4 33.95710 °N 119.43311 °W

5 33.90198 °N 119.43311 °W

Point Latitude Longitude

1 34.08330 °N 119.41000 °W

2 34.08330 °N 119.35670 °W

3 34.06450 °N 119.35670 °W

4 34.06210 °N 119.41000 °W

5 34.08330 °N 119.41000 °W

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B.8. Santa Barbara Island Marine Reserve 

The Santa Barbara Island Marine Reserve (Santa Barbara) boundary is defined by the 3 nmi State 

boundary, the coordinates provided in Table B–8, and the following textual description. 

The Santa Barbara boundary extends from Point 1 to Point 2 along a straight line. It then extends along 

a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and 

Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State 

boundary northeastward until it intersects the line defined by connecting Point 4 and Point 5 with a 

straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a 

straight line. The boundary then extends from Point 5 to Point 6 along a straight line. 

Table B–8—Santa Barbara Island Marine Reserve 

[72 FR 29233, May 24, 2007] 

Appendix C to Subpart G of Part 922—Marine Conservation Area Boundary 

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C.1. Anacapa Island Marine Conservation Area 

The Anacapa Island Marine Conservation Area (AIMCA) boundary is defined by the 3 nmi State 

boundary, the coordinates provided in Table C–1, and the following textual description. 

The AIMCA boundary extends from Point 1 to Point 2 along a straight line. It then extends to the 3 nmi 

State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 

3 nmi State boundary. The boundary follows the 3 nmi State boundary westward until it intersects the 

line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary 

extends from the 3 nmi State boundary to Point 5 along a straight line. 

Table C–1—Anacapa Island Marine Conservation Area 

[72 FR 29233, May 24, 2007; 72 FR 42317, Aug. 2, 2007] 

Subpart H—Gulf of the Farallones National Marine Sanctuary 

Point Latitude Longitude

1 33.36320 °N 118.90879 °W

2 33.36320 °N 119.03670 °W

3 33.41680 °N 119.03670 °W

4 33.47500 °N 118.97080 °W

5 33.47500 °N 118.90879 °W

6 33.36320 °N 118.90879 °W

Point Latitude Longitude

1 34.08330 °N 119.44500 °W

2 34.08330 °N 119.41000 °W

3 34.06210 °N 119.41000 °W

4 34.06300 °N 119.44500 °W

5 34.08330 °N 119.44500 °W

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Source: 73 FR 70529, Nov. 20, 2008, unless otherwise noted. 

§ 922.80 Boundary. 

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The Gulf of the Farallones National Marine Sanctuary (Sanctuary) boundary encompasses a total area 

of approximately 966 square nautical miles (nmi) of coastal and ocean waters, and submerged lands 

thereunder, surrounding the Farallon Islands (and Noonday Rock) off the northern coast of California. 

The northernmost extent of the Sanctuary boundary is a geodetic line extending westward from Bodega 

Head approximately 6 nmi to the northern boundary of the Cordell Bank National Marine Sanctuary 

(CBNMS). The Sanctuary boundary then turns southward to a point approximately 6 nmi off Point 

Reyes, California, where it then turns westward again out towards the 1,000-fathom isobath. The 

Sanctuary boundary then extends in a southerly direction adjacent to the 1,000-fathom isobath until it 

intersects the northern extent of the Monterey Bay National Marine Sanctuary (MBNMS). The Sanctuary 

boundary then follows the MBNMS boundary eastward and northward until it intersects the Mean High 

Water Line at Rocky Point, California. The Sanctuary boundary then follows the MHWL north until it 

intersects the Point Reyes National Seashore (PRNS) boundary. The Sanctuary boundary then 

approximates the PRNS boundary, as established at the time of designation of the Sanctuary, to the 

intersection of the PRNS boundary and the MHWL in Tomales Bay. The Sanctuary boundary then 

follows the MHWL up Tomales Bay and Lagunitas Creek to the Route 1 Bridge where the Sanctuary 

boundary crosses the Lagunitas Creek and follows the MHWL until it intersects its northernmost extent 

near Bodega Head. The Sanctuary boundary includes Bolinas Lagoon, Estero de San Antonio (to the 

tide gate at Valley Ford Franklin School Road) and Estero Americano (to the bridge at Valley Ford 

Estero Road), as well as Bodega Bay, but not Bodega Harbor. Where the Sanctuary boundary crosses a 

waterway, the Sanctuary boundary excludes these waterways shoreward of the Sanctuary boundary line 

delineated by the coordinates provided. The precise seaward boundary coordinates are listed in 

appendix A to this subpart. 

§ 922.81 Definitions. 

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

Areas of Special Biological Significance (ASBS) are those areas designated by California's State Water 

Resources Control Board as requiring protection of species or biological communities to the extent that 

alteration of natural water quality is undesirable. ASBS are a subset of State Water Quality Protection 

Areas established pursuant to California Public Resources Code section 36700 et seq. 

Attract or attracting means the conduct of any activity that lures or may lure any animal in the Sanctuary 

by using food, bait, chum, dyes, decoys (e.g., surfboards or body boards used as decoys), acoustics or 

any other means, except the mere presence of human beings (e.g., swimmers, divers, boaters, 

kayakers, surfers). 

Clean means not containing detectable levels of harmful matter. 

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

Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going 

aground or becoming adrift within 12 hours of its discovery and developing and presenting to the 

Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise 

manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot 

after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being 

reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, 

discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner. 

Harmful matter means any substance, or combination of substances, that because of its quantity, 

concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat 

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to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, 

and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 101(14) of the 

Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4. 

Introduced species means any species (including, but not limited to, any of its biological matter capable 

of propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which 

altered genetic matter, or genetic matter from another species, has been transferred in order that the 

host organism acquires the genetic traits of the transferred genes. 

Motorized personal watercraft means a vessel which uses an inboard motor powering a water jet pump 

as its primary source of motive power and which is designed to be operated by a person sitting, 

standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the 

vessel. 

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

Seagrass means any species of marine angiosperms (flowering plants) that inhabit portions of the 

submerged lands in the Sanctuary. Those species include, but are not limited to: Zostera asiatica and 

Zostera marina. 

§ 922.82 Prohibited or otherwise regulated activities. 

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(a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to 

be conducted within the Sanctuary: 

(1) Exploring for, developing, or producing oil or gas except that pipelines related to hydrocarbon 

operations adjacent to the Sanctuary may be placed at a distance greater than 2 nmi from the Farallon 

Islands, Bolinas Lagoon and Areas of Special Biological Significance (ASBS) where certified to have no 

significant effect on Sanctuary resources in accordance with §922.84. 

(2) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any 

material or other matter except: 

(i) Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity within the 

Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within 

the Sanctuary; 

(ii) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without 

sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated 

incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard 

classification) that is approved in accordance with section 312 of the Federal Water Pollution Control 

Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in 

a manner that prevents discharge or deposit of untreated sewage; 

(iii) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling 

water, clean bilge water, or anchor wash; or 

(iv) Vessel engine or generator exhaust. 

(3) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise 

ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or 

generator exhaust, clean bilge water, or anchor wash. 

(4) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter 

that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except for the 

exclusions listed in paragraphs (a)(2)(i) through (iv) and (a)(3) of this section. 

(5) Constructing any structure other than a navigation aid on or in the submerged lands of the 

Sanctuary; placing or abandoning any structure on or in the submerged lands of the Sanctuary; or 

drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary in any way, except: 

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

(ii) While conducting lawful fishing activities; 

(iii) The laying of pipelines related to hydrocarbon operations in leases adjacent to the Sanctuary in 

accordance with paragraph (a)(1) of this section; 

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

(v) Mariculture activities conducted pursuant to a valid lease, permit, license or other authorization 

issued by the State of California. 

(6) Operating any vessel engaged in the trade of carrying cargo within an area extending 2 nmi from the 

Farallon Islands, Bolinas Lagoon or any ASBS. This includes but is not limited to tankers and other bulk 

carriers and barges, or any vessel engaged in the trade of servicing offshore installations, except to 

transport persons or supplies to or from the Islands or mainland areas adjacent to Sanctuary waters or 

any ASBS. In no event shall this section be construed to limit access for fishing, recreational or research 

vessels. 

(7) Operation of motorized personal watercraft, except for the operation of motorized personal watercraft 

for emergency search and rescue missions or law enforcement operations (other than routine training 

activities) carried out by the National Park Service, U.S. Coast Guard, Fire or Police Departments or 

other Federal, State or local jurisdictions. 

(8) Disturbing birds or marine mammals by flying motorized aircraft at less than 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; or 

(ii) Species cultivated by mariculture activities in Tomales Bay pursuant to a valid lease, permit, license 

or other authorization issued by the State of California and in effect on the effective date of the final 

regulation. 

(11) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized 

by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq. , Endangered 

Species Act (ESA), as amended, 16 U.S.C. 1531 et seq. , Migratory Bird Treaty Act, as amended, 

(MBTA), 16 U.S.C. 703 et seq. , or any regulation, as amended, promulgated under the MMPA, ESA, or 

MBTA. 

(12) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine 

mammal, sea turtle, or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, 

as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement 

purposes. 

(13) Attracting a white shark in the Sanctuary; or approaching within 50 meters of any white shark within 

the line approximating 2 nmi around the Farallon Islands. 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 

no-anchoring seagrass protection zones are listed in appendix C to this subpart. 

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(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. 

[73 FR 70529, Nov. 20, 2008, as amended at 75 FR 53569, Sept. 1, 2010] 

§ 922.83 Permit procedures and issuance criteria. 

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(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 

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Marine Sanctuaries; ATTN: Superintendent, Gulf of the Farallones National Marine Sanctuary, 991 

Marine Dr., The Presidio, San Francisco, CA 94129. 

(2) In addition to the information listed in §922.48(b), all applications must include information to be 

considered by the Director in paragraph (b) and (c) of this section. 

(e) The permittee must agree to hold the United States harmless against any claims arising out of the 

conduct of the permitted activities. 

§ 922.84 Certification of other permits. 

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A permit, license, or other authorization allowing: the laying of any pipeline related to hydrocarbon 

operations in leases adjacent to the Sanctuary and placed at a distance greater than 2 nmi from the 

Farallon Islands, Bolinas Lagoon, and any ASBS must be certified by the Director as consistent with the 

purpose of the Sanctuary and having no significant effect on Sanctuary resources. Such certification 

may impose terms and conditions as deemed appropriate to ensure consistency. In considering whether 

to make the certifications called for in this section, the Director may seek and consider the views of any 

other person or entity, within or outside the Federal government, and may hold a public hearing as 

deemed appropriate. Any certification called for in this section shall be presumed unless the Director 

acts to deny or condition certification within 60 days from the date that the Director receives notice of the 

proposed permit and the necessary supporting data. The Director may amend, suspend, or revoke any 

certification made under this section whenever continued operation would violate any terms or 

conditions of the certification. Any such action shall be forwarded in writing to both the holder of the 

certified permit and the issuing agency and shall set forth reason(s) for the action taken. 

Appendix A to Subpart H of Part 922—Gulf of the Farallones National Marine Sanctuary 

Boundary Coordinates 

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Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American 

Datum of 1983. 

Point ID No. 

Sanctuary 

Boundary Latitude Longitude

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

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[75 FR 53569, Sept. 1, 2010] 

Appendix B to Subpart H of Part 922—2 nmi From the Farallon Islands Boundary 

Coordinates 

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Coordinates listed in this appendix are unprojected (Geographic) and based on the North American 

Datum of 1983. 

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

32 37.88225 −122.62753

Point ID No. (2 nmi 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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Appendix C to Subpart H of Part 922—No-Anchoring Seagrass Protection Zones in 

Tomales Bay 

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Coordinates listed in this appendix are unprojected (Geographic) and based on the North American 

Datum of 1983. 

Table C–1: Zone 1: 

Zone 1 is an area of approximately 39.9 hectares offshore south of Millerton Point. The eastern 

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

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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 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 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 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 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 Same as 1 Same as 1.

Zone 2 Point ID Latitude Longitude

1 38.14071 −122.87440

2 38.11601 −122.85820

3 38.11386 −122.85851

4 38.11899 −122.86731

5 38.12563 −122.86480

6 38.12724 −122.86488

7 38.13326 −122.87178

8 Same as 1. Same as 1.

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 Same as 1 Same as 1.

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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 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 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 38.20004 −122.92315

11 Same as 1 Same as 1

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 Same as 1 Same as 1.

Zone 6 Point ID Latitude Longitude

1 38.13811 −122.89603

2 38.14040 −122.89676

3 38.14103 −122.89537

4 38.13919 −122.89391

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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. 

[73 FR 70529, Nov. 20, 2008, as amended at 75 FR 53569, Sept. 1, 2010] 

Subpart I—Gray's Reef National Marine Sanctuary 

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Source: 71 FR 60063, Oct. 12, 2006, unless otherwise noted. 

§ 922.90 Boundary. 

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The Gray's Reef National Marine Sanctuary (Sanctuary) consists of approximately 16.68 square nautical 

miles of ocean waters and the submerged lands thereunder, off the coast of Georgia. The Sanctuary 

boundary includes all waters and submerged lands within the geodetic lines connecting the following 

coordinates: 

Datum: NAD83 

Geographic Coordinate System 

(1) N 31.362732 degrees W 80.921200 degrees 

(2) N 31.421064 degrees W 80.921201 degrees 

(3) N 31.421064 degrees W 80.828145 degrees 

(4) N 31.362732 degrees W 80.828145 degrees 

(5) N 31.362732 degrees W 80.921200 degrees 

§ 922.91 Definitions. 

5 Same as 1 Same as 1.

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 Same as 1 Same as 1.

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

Handline means fishing gear that is set and pulled by hand and consists of one vertical line to which may 

be attached leader lines with hooks. 

Rod and reel means a rod and reel unit that is not attached to a vessel, or, if attached, is readily 

removable, from which a line and attached hook(s) are deployed. The line is payed out from and 

retrieved on the reel manually or electrically. 

Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by 

being securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, partially 

disassembled, or stowed for transit. 

§ 922.92 Prohibited or otherwise regulated activities. 

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Link to an amendment published at 76 FR 63832, October 14, 2011.

(a) Except as may be necessary for national defense (subject to the terms and conditions of Article 5, 

Section 2 of the Designation Document) or 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 §922.93, 

the following activities are unlawful for any person to conduct or to cause to be conducted within the 

Sanctuary: 

(1) Dredging, drilling into, or otherwise altering in any way the submerged lands of the Sanctuary 

(including bottom formations). 

(2) Constructing any structure other than a navigation aid, or constructing, placing, or abandoning any 

structure, material, or other matter on the submerged lands of the Sanctuary. 

(3) Discharging or depositing any material or other matter except: 

(i) Fish or fish parts, bait, or chumming materials; 

(ii) Effluent from marine sanitation devices; and 

(iii) Vessel cooling water. 

(4) Operating a watercraft other than in accordance with the Federal rules and regulations that would 

apply if there were no Sanctuary. 

(5)(i) Injuring, catching, harvesting, or collecting, or attempting to injure, catch, harvest, or collect, any 

marine organism, or any part thereof, living or dead, within the Sanctuary by any means except by use 

of rod and reel, and handline gear; 

(ii) There shall be a rebuttable presumption that any marine organism or part thereof referenced in this 

paragraph found in the possession of a person within the Sanctuary has been collected from the 

Sanctuary. 

(6) Using any fishing gear within the Sanctuary except rod and reel, and handline gear, or for law 

enforcement purposes. 

(7) Using underwater any explosives, or devices that produce electric charges underwater. 

(8) Breaking, cutting, damaging, taking, or removing any bottom formation. 

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(9) Moving, removing, damaging, or possessing, or attempting to move, remove, damage, or possess, 

any Sanctuary historical resource. 

(10) Anchoring any vessel in the Sanctuary, except as provided in §922.92 when responding to an 

emergency threatening life, property, or the environment. 

(11) Possessing or carrying any fishing gear within the Sanctuary except: 

(i) Rod and reel, and handline gear; 

(ii) Fishing gear other than rod and reel, handline gear, and spearfishing gear, provided that it is stowed 

on a vessel and not available for immediate use; 

(iii) Spearfishing gear provided that it is stowed on a vessel, not available for immediate use, and the 

vessel is passing through the Sanctuary without interruption; and 

(iv) For law enforcement purposes. 

(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 having significant impacts shall be determined in consultation between the Director 

and the Department of Defense. 

[71 FR 60063, Oct. 12, 2006, as amended at 75 FR 7367, Feb. 19, 2010; 75 FR 17055, Apr. 5, 2010] 

§ 922.93 Permit procedures and criteria. 

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Link to an amendment published at 76 FR 63832, October 14, 2011.

(a) A person may conduct an activity prohibited by §922.92(a)(1) through (10) if conducted in 

accordance within the scope, purpose, manner, terms and conditions of a permit issued under this 

section and §922.48. 

(b) Applications for such permits should be addressed to the Director, National Marine Sanctuary 

Program, ATTN: Manager, Gray's Reef National Marine Sanctuary, 10 Ocean Science Circle, 

Savannah, GA 31411. 

(c) The Director, at his or her discretion may issue a permit, subject to such terms and conditions as he 

or she deems appropriate, to conduct an activity prohibited by §922.92(a)(1) through (10). The Director 

must also find that the activity will: 

(1) Further research related to the resources and qualities of the Sanctuary; 

(2) Further the educational, natural, or historical resource value of the Sanctuary; 

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

(4) Assist in managing the Sanctuary. 

(d) The Director shall not issue a permit unless the Director also finds that: 

(1) The applicant is professionally 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 duration of the proposed activity is no longer than necessary to achieve its stated purpose; 

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(4) The methods and procedures proposed by the applicant are appropriate to achieve the proposed 

activity's goals in relation to the activity's impacts on Sanctuary resources and qualities; 

(5) 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 indirect, secondary or 

cumulative effects of the activity, and the duration of such effects; 

(6) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary as a 

source of recreation, or as a source of educational or scientific information considering the extent to 

which the conduct of the activity may result in conflicts between different users of the Sanctuary, and the 

duration of such effects; 

(7) It is necessary to conduct the proposed activity within the Sanctuary to achieve its purposes; 

(8) The reasonably expected end value of the activity to the furtherance of Sanctuary goals and 

purposes outweighs any potential adverse impacts on Sanctuary resources and qualities from the 

conduct of the activity; and 

(9) There are no other factors that make the issuance of a permit for the activity inappropriate. 

(e) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all 

vessels or aircraft used in the conduct of the activity. 

(f) The Director shall, inter alia, make it a condition of any permit issued that any data or information 

obtained under the permit be made available to the public. 

(g) The Director may, inter alia, make it a condition of any permit issued to require the submission of one 

or more reports of the status and progress of such activity. 

(h) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed 

to observe any activity conducted under the permit and/or that the permit holder submit one or more 

reports on the status, progress or results of any activity authorized by the permit. 

§ 922.94 xxx 

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Link to an amendment published at 76 FR 63832, October 14, 2011.

Appendix A to Subpart I of Part 922—XXX 

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Link to an amendment published at 76 FR 63832, October 14, 2011.

 

Subpart J—Fagatele Bay National Marine Sanctuary 

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§ 922.100 Scope of regulations. 

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The provisions of this subpart J apply only to the area of the Territory of American Samoa within the 

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boundary of the Fagatele Bay National Marine Sanctuary (Sanctuary). Neither the provisions of this 

subpart J nor any permit issued under their authority shall be construed to relieve a person from any 

other requirements imposed by statute or regulation of the Territory of American Samoa or of the United 

States. In addition, no statute or regulation of the Territory of American Samoa shall be construed to 

relieve a person from the restrictions, conditions, and requirements contained in this subpart J. 

§ 922.101 Boundary. 

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The Sanctuary is a 163-acre (0.25 sq. mi.) coastal embayment formed by a collapsed volcanic crater on 

the island of Tutuila, Territory of American Samoa and includes Fagatele Bay in its entirety. The 

landward boundary is defined by the mean high high water (MHHW) line between Fagatele Point (14°

22'15" S, 170°46'5" W) and Steps Point (14°22'44" S, 170°45'27" W). The seaward boundary of the 

Sanctuary is defined by a straight line between Fagatele Point and Steps Point. 

§ 922.102 Prohibited or otherwise regulated activities. 

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(a) Except as may be necessary for national defense or to respond to an emergency threatening life, 

property, or the environment, or as may be permitted by the Director in accordance with §922.48 and 

§922.104, the following activities are prohibited and thus are unlawful for any person to conduct or to 

cause to be conducted within the Sanctuary: 

(1)(i)(A) Gathering, taking, breaking, cutting, damaging, destroying, or possessing any invertebrate, 

coral, bottom formation, or marine plant. 

(B) Taking, gathering, cutting, damaging, destroying, or possessing any crown-of-thorns starfish 

( Acanthaster planci ). 

(C) Possessing or using poisons, electrical charges, explosives, or similar environmentally destructive 

methods. 

(D) Possessing or using spearguns, including such devices known as Hawaiian slings, pole spears, 

arbalettes, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar taking 

device. 

(E) Possessing or using a seine, trammel net, or any type of fixed net. 

(ii) There shall be a rebuttable presumption that any items listed in this paragraph (a)(1) found in the 

possession of a person within the Sanctuary have been used, collected, or removed within or from the 

Sanctuary. 

(2)(i) Operating a vessel closer than 200 feet (60.96 meters) from another vessel displaying a dive flag 

at a speed exceeding three knots. 

(ii) Operating a vessel in a manner which causes the vessel to strike or otherwise cause damage to the 

natural features of the Sanctuary. 

(3) Diving or conducting diving operations from a vessel not flying in a conspicuous manner the 

international code flag alpha “A.” 

(4) Littering, depositing, or discharging, into the waters of the Sanctuary, any material or other matter. 

(5) Disturbing the benthic community by dredging, filling, dynamiting, bottom trawling, or otherwise 

altering the seabed. 

(6) Removing, damaging, or tampering with any historical or cultural resource within the boundary of the 

Sanctuary. 

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(7) Ensnaring, entrapping, or fishing for any sea turtle listed as a threatened or endangered species 

under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. 

(8) Except for law enforcement purposes, using or discharging explosives or weapons of any 

description. Distress signaling devices, necessary and proper for safe vessel operation, and knives 

generally used by fishermen and swimmers shall not be considered weapons for purposes of this 

section. 

(9) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, 

notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, or other 

boundary markers related to the Sanctuary. 

(b) In addition to those activities prohibited or otherwise regulated under paragraph (a) of this section, 

the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be 

conducted landward of the straight line connecting Fagatele Point (14°22'15" S, 170°46'5" W) and 

Matautuloa Benchmark (14°22'18" S, 170°45'35" W). 

(1) Possessing or using fishing poles, handlines, or trawls. 

(2) Fishing commercially. 

§ 922.103 Management and enforcement. 

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The National Oceanic and Atmospheric Administration (NOAA) has primary responsibility for the 

management of the Sanctuary pursuant to the Act. The American Samoa Economic and Development 

Planning Office (EDPO) will assist NOAA in the administration of the Sanctuary, and act as the lead 

agency, in conformance with the Designation Document, these regulations, and the terms and 

provisions of any grant or cooperative agreement. NOAA may act to deputize enforcement agents of the 

American Samoa Government (ASG) to enforce the regulations in this subpart in accordance with 

existing law. If NOAA chooses to exercise this provision, a memorandum of understanding shall be 

executed between NOAA and the ASG or the person(s) or entity authorized to act on their behalf. 

§ 922.104 Permit procedures and criteria. 

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(a) Any person in possession of a valid permit issued by the Director, in consultation with the EDPO, in 

accordance with this section and §922.48, may conduct an activity otherwise prohibited by §922.102 in 

the Sanctuary if such activity is judged not to cause long-term or irreparable harm to the resources of the 

Sanctuary, and is: 

(1) Related to research involving Sanctuary resources designed to enhance understanding of the 

Sanctuary environment or to improve resource management decisionmaking; 

(2) Intended to further the educational value of the Sanctuary and thereby enhance understanding of the 

Sanctuary environmental or improve resource management decisionmaking; or 

(3) For salvage or recovery operations. 

(b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource 

Management; ATTN: Sanctuary Coordinator, Fagatele Bay National Marine Sanctuary, P.O. Box 4318, 

Pago Pago, AS 96799. 

(c) In considering whether to grant a permit, the Director shall evaluate such matters as: 

(1) The general professional and financial responsibility of the applicant; 

(2) The appropriateness of the methods being proposed for the purpose(s) of the activity; 

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(3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the 

Sanctuary as a source of recreation, education, or scientific information; and 

(4) The end value of the activity. 

(d) In addition to meeting the criteria in this section and §922.48, the applicant also must demonstrate to 

the Director that: 

(1) The activity shall be conducted with adequate safeguards for the environment; and 

(2) The environment shall be returned to, or will regenerate to, the condition which existed before the 

activity occurred. 

(e) The Director may, at his or her discretion, grant a permit which has been applied for pursuant to this 

section, in whole or in part, and subject the permit to such condition(s) as he or she deems necessary. A 

permit granted for research related to the Sanctuary may include, but is not limited to, the following 

conditions: 

(1) The Director may observe any activity permitted by this section; 

(2) any information obtained in the research site shall be made available to the public; and 

(3) The submission of one or more reports of the status of such research activity may be required. 

Subpart K—Cordell Bank National Marine Sanctuary 

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Source: 73 FR 70533, Nov. 20, 2008, unless otherwise noted. 

§ 922.110 Boundary. 

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The Cordell Bank National Marine Sanctuary (Sanctuary) boundary encompasses a total area of 

approximately 399 square nautical miles (nmi) of ocean waters, and submerged lands thereunder, off 

the northern coast of California approximately 50 miles west-northwest of San Francisco, California. The 

Sanctuary boundary extends westward (approximately 250 degrees) from the northwestern most point of 

the Gulf of the Farallones National Marine Sanctuary (GFNMS) to the 1,000 fathom isobath northwest of 

Cordell Bank. The Sanctuary boundary then generally follows this isobath in a southerly direction to the 

western-most point of the GFNMS boundary. The Sanctuary boundary then follows the GFNMS 

boundary again to the northwestern corner of the GFNMS. The exact boundary coordinates are listed in 

appendix A to this subpart. 

§ 922.111 Definitions. 

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

Clean means not containing detectable levels of harmful matter. 

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

Harmful matter means any substance, or combination of substances, that because of its quantity, 

concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat 

to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, 

and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 

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Introduced species means any species (including, but not limited to, any of its biological matter capable 

of propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which 

altered genetic matter, or genetic matter from another species, has been transferred in order that the 

host organism acquires the genetic traits of the transferred genes. 

§ 922.112 Prohibited or otherwise regulated activities. 

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(a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to 

be conducted within the Sanctuary: 

(1)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any 

material or other matter except: 

(A) Fish, fish parts, or chumming materials (bait), used in or resulting from lawful fishing activity within 

the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity 

within the Sanctuary; 

(B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without 

sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated 

incidental to vessel use and generated by an operable Type I or II marine sanitation device (U.S. Coast 

Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control 

Act, as amended, (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in 

a manner that prevents discharge or deposit of untreated sewage; 

(C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling 

water, clean bilge water, or anchor wash; or 

(D) Vessel engine or generator exhaust. 

(ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise 

ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or 

generator exhaust, clean bilge water, or anchor wash. 

(iii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter 

that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except as listed in 

paragraphs (a)(1)(i) and (a)(1)(ii) of this section. 

(2) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, removing, taking, 

or injuring or attempting to remove, take, or injure benthic invertebrates or algae located on Cordell 

Bank. This prohibition does not apply to use of bottom contact gear used during fishing activities, which 

is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). The coordinates for the line 

representing the 50-fathom isobath are listed in appendix B to this subpart. There is a rebuttable 

presumption that any such resource found in the possession of a person within the Sanctuary was taken 

or removed by that person. 

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

(4)(i) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, drilling into, 

dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any 

structure, material or other matter on or in the submerged lands. This prohibition does not apply to use 

of bottom contact gear used during fishing activities, which is prohibited pursuant to 50 CFR part 660 

(Fisheries off West Coast States). The coordinates for the line representing the 50-fathom isobath are 

listed in appendix B to this subpart. 

(ii) In the Sanctuary beyond the line representing the 50-fathom isobath surrounding Cordell Bank, 

drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning 

any structure, material or matter on the submerged lands except as incidental and necessary for 

anchoring any vessel or lawful use of any fishing gear during normal fishing activities. The coordinates 

for the line representing the 50-fathom isobath are listed in appendix B to this subpart. 

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(5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized 

by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq. , Endangered 

Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq. , Migratory Bird Treaty Act, as amended, 

(MBTA), 16 U.S.C. 703 et seq. , or any regulation, as amended, promulgated under the MMPA, ESA, or 

MBTA. 

(6) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine 

mammal, sea turtle or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, as 

amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement 

purposes. 

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

striped bass ( Morone saxatilis ) released during catch and release fishing activity. 

(b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an 

emergency threatening life, property or the environment, or except as may be permitted by the Director 

in accordance with §922.48 and §922.113. 

(c) All activities being carried out by the Department of Defense (DOD) within the Sanctuary on the 

effective date of designation that are necessary for national defense are exempt from the prohibitions 

contained in the regulations in this subpart. Additional DOD activities initiated after the effective date of 

designation that are necessary for national defense will be exempted by the Director after consultation 

between the Department of Commerce and DOD. DOD activities not necessary for national defense, 

such as routine exercises and vessel operations, are subject to all prohibitions contained in the 

regulations in this subpart. 

(d) Where necessary to prevent immediate, serious, and irreversible damage to a Sanctuary resource, 

any activity may be regulated within the limits of the Act on an emergency basis for no more than 120 

days. 

[73 FR 70533, Nov. 20, 2008, as amended at 75 FR 53570, Sept. 1, 2010] 

§ 922.113 Permit procedures and issuance criteria. 

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(a) A person may conduct an activity prohibited by §922.112 if such activity is specifically authorized by, 

and conducted in accordance with the scope, purpose, terms and conditions of, a permit issued under 

§922.48 and this section. 

(b) The Director, at his or her discretion, may issue a national marine sanctuary permit under this 

section, subject to terms and conditions, as he or she deems appropriate, if the Director finds that the 

activity will: 

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

(2) Further the educational value the Sanctuary; 

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

marine casualty; or 

(4) Assist in managing the Sanctuary. 

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

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

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

activity; 

(3) The methods and procedures proposed by the applicant are appropriate to achieve the goals of the 

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proposed activity, especially in relation to the potential effects of the proposed activity on Sanctuary 

resources and qualities; 

(4) The proposed activity will be conducted in a manner compatible with the primary objective of 

protection of Sanctuary resources and qualities, considering the extent to which the conduct of the 

activity may diminish or enhance Sanctuary resources and qualities, any potential indirect, secondary or 

cumulative effects of the activity, and the duration of such effects; 

(5) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary, 

considering the extent to which the conduct of the activity may result in conflicts between different users 

of the Sanctuary, and the duration of such effects; 

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

(7) The reasonably expected end value of the proposed activity to the furtherance of Sanctuary goals 

and purposes outweighs any potential adverse effects on Sanctuary resources and qualities from the 

conduct of the activity; and 

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

(d) Applications. (1) Applications for permits should be addressed to the Director, Office of National 

Marine Sanctuaries; ATTN: Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159, 

Olema, CA 94950. 

(2) In addition to the information listed in §922.48(b), all applications must include information to be 

considered by the Director in paragraph (b) and (c) of this section. 

(e) The permittee must agree to hold the United States harmless against any claims arising out of the 

conduct of the permitted activities. 

Appendix A to Subpart K of Part 922—Cordell Bank National Marine Sanctuary 

Boundary Coordinates 

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Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the 

North American Datum of 1983 (NAD83). 

Sanctuary Boundary Coordinates 

Point ID No. Latitude Longitude

1 38.26390 −123.18138

2 38.13219 −123.64265

3 38.11256 −123.63344

4 38.08289 −123.62065

5 38.07451 −123.62162

6 38.06188 −123.61546

7 38.05308 −123.60549

8 38.04614 −123.60611

9 38.03409 −123.59904

10 38.02419 −123.59864

11 38.02286 −123.61531

12 38.01987 −123.62450

13 38.01366 −123.62494

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Appendix B to Subpart K of Part 922—Line Representing the 50-Fathom Isobath 

Surrounding Cordell Bank 

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14 37.99847 −123.61331

15 37.98678 −123.59988

16 37.97761 −123.58746

17 37.96683 −123.57859

18 37.95528 −123.56199

19 37.94901 −123.54777

20 37.93858 −123.54701

21 37.92288 −123.54360

22 37.90725 −123.53937

23 37.88541 −123.52967

24 37.87637 −123.52192

25 37.86189 −123.52197

26 37.84988 −123.51749

27 37.82296 −123.49280

28 37.81365 −123.47906

29 37.81026 −123.46897

30 37.80094 −123.47313

31 37.79487 −123.46721

32 37.78383 −123.45466

33 37.78109 −123.44694

34 37.77033 −123.43466

35 37.76687 −123.42694

36 37.83480 −123.42579

37 37.90464 −123.38958

38 37.95880 −123.32312

39 37.98947 −123.23615

40 37.99227 −123.14137

41 38.05202 −123.12827

42 38.06505 −123.11711

43 38.07898 −123.10924

44 38.09069 −123.10387

45 38.10215 −123.09804

46 38.12829 −123.08742

47 38.14072 −123.08237

48 38.16576 −123.09207

49 38.21001 −123.11913

50 38.26390 −123.18138

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Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the 

North American Datum of 1983 (NAD83). 

Cordell Bank Fifty Fathom Line 

Subpart L—Flower Garden Banks National Marine Sanctuary 

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§ 922.120 Boundary. 

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The Flower Garden Banks National Marine Sanctuary (the Sanctuary) consists of three separate areas 

of ocean waters over and surrounding the East and West Flower Garden Banks and Stetson Bank, and 

the submerged lands thereunder including the Banks, in the northwestern Gulf of Mexico. The area 

designated at the East Bank is located approximately 120 nautical miles (nmi) south-southwest of 

Cameron, Louisiana, and encompasses 19.20 nmi2. The area designated at the West Bank is located 

approximately 110 nmi southeast of Galveston, Texas, and encompasses 22.50 nmi2. The area 

designated at Stetson Bank is located approximately 70 nmi southeast of Galveston, Texas, and 

encompasses 0.64 nmi2. The three areas encompass a total of 42.34 nmi2 (145.09 square kilometers). 

The boundary coordinates for each area are listed in appendix A to this subpart. 

[65 FR 81178, Dec. 22, 2000] 

§ 922.121 Definitions. 

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

No-activity zone means the two geographic areas delineated by the Department of the Interior in 

stipulations for OCS lease sale 112 over and surrounding the East and West Flower Garden Banks, and 

the geographic area delineated by the Department of the Interior in stipulations for OCS lease sale 171 

over and surrounding Stetson Bank, as areas in which activities associated with exploration for, 

Point ID No. Latitude Longitude

1 37.96034 −123.40371

2 37.96172 −123.42081

3 37.99110 −123.44379

4 38.00406 −123.46443

5 38.01637 −123.46076

6 38.04684 −123.47920

7 38.07106 −123.48754

8 38.07588 −123.47195

9 38.06451 −123.46146

10 38.07123 −123.44467

11 38.04446 −123.40286

12 38.01442 −123.38588

13 37.98859 −123.37533

14 37.97071 −123.38605

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development of, or production of hydrocarbons are prohibited. The precise aliquot part description of 

these areas around the East and West Flower Garden Banks are provided in appendix B of this subpart; 

the no-activity zone around Stetson Bank is defined as the 52 meter isobath. These particular aliquot 

part descriptions for the East and West Flower Garden Banks, and the 52 meter isobath around Stetson 

Bank, define the geographic scope of the “no-activity zones” for purposes of the regulations in this 

subpart. The descriptions for the East and West Flower Garden Banks no-activity zones are based on 

the “1/41/41/4” system formerly used by the Department of the Interior, a method that delineates a 

specific portion of a block rather than the actual underlying isobath. 

[65 FR 81178, Dec. 22, 2000] 

§ 922.122 Prohibited or otherwise regulated activities. 

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(a) Except as specified in paragraphs (c) through (h) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1) Exploring for, developing, or producing oil, gas or minerals except outside of all no-activity zones and 

provided all drilling cuttings and drilling fluids are shunted to the seabed through a downpipe that 

terminates an appropriate distance, but no more than ten meters, from the seabed. 

(2)(i) Anchoring any vessel within the Sanctuary. 

(ii) Mooring any vessel within the Sanctuary, except that vessels 100 feet (30.48 meters) or less in 

registered length may moor on a Sanctuary mooring buoy. 

(3)(i) Discharging or depositing, from within the boundaries of the Sanctuary, any material or other 

matter except: 

(A) Fish, fish parts, chumming materials or bait used in or resulting from fishing with conventional hook 

and line gear in the Sanctuary; 

(B) Biodegradable effluents incidental to vessel use and generated by marine sanitation devices 

approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, 33 

U.S.C. 1322; 

(C) Water generated by routine vessel operations (e.g., cooling water, deck wash down, and graywater 

as defined by section 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1322) 

excluding oily wastes from bilge pumping; 

(D) Engine exhaust; or 

(E) In areas of the Sanctuary outside the no-activity zones, drilling cuttings and drilling fluids necessarily 

discharged incidental to the exploration for, development of, or production of oil or gas in those areas 

and in accordance with the shunting requirements of paragraph (a)(1) unless such discharge injures a 

Sanctuary resource or quality. 

(ii) Discharging or depositing, from beyond the boundaries of the Sanctuary, any material or other 

matter, except those listed in paragraphs (a)(3)(i) (A) through (D) of this section, that subsequently 

enters the Sanctuary and injures a Sanctuary resource or quality. 

(4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary (except by anchoring); or 

constructing, placing or abandoning any structure, material or other matter on the seabed of the 

Sanctuary. 

(5) Injuring or removing, or attempting to injure or remove, any coral or other bottom formation, coralline 

algae or other plant, marine invertebrate, brine-seep biota or carbonate rock within the Sanctuary. 

(6) Taking any marine mammal or turtle within the Sanctuary, except as permitted by regulations, as 

amended, promulgated under the Marine Mammal Protection Act, as amended, 16 U.S.C. 1361 et seq., 

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and the Endangered Species Act, as amended, 16 U.S.C. 1531 et seq. 

(7) Injuring, catching, harvesting, collecting or feeding, or attempting to injure, catch, harvest, collect or 

feed, any fish within the Sanctuary by use of bottom longlines, traps, nets, bottom trawls or any other 

gear, device, equipment or means except by use of conventional hook and line gear. 

(8) Possessing within the Sanctuary (regardless of where collected, caught, harvested or removed), 

except for valid law enforcement purposes, any carbonate rock, coral or other bottom formation, 

coralline algae or other plant, marine invertebrate, brine-seep biota or fish (except for fish caught by use 

of conventional hook and line gear). 

(9) Possessing or using within the Sanctuary, except possessing while passing without interruption 

through it or for valid law enforcement purposes, any fishing gear, device, equipment or means except 

conventional hook and line gear. 

(10) Possessing, except for valid law enforcement purposes, or using explosives or releasing electrical 

charges within the Sanctuary. 

(b) If any valid regulation issued by any Federal authority of competent jurisdiction, regardless of when 

issued, conflicts with a Sanctuary regulation, the regulation deemed by the Director as more protective 

of Sanctuary resources and qualities shall govern. 

(c) The prohibitions in paragraphs (a)(2) (i), (iii), and (iv), (4) and (10) of this section do not apply to 

necessary activities conducted in areas of the Sanctuary outside the no-activity zones and incidental to 

exploration for, development of, or production of oil or gas in those areas. 

(d) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to activities necessary 

to respond to emergencies threatening life, property, or the environment. 

(e)(1) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to activities being 

carried out by the Department of Defense as of the effective date of Sanctuary designation (January 18, 

1994). Such activities shall be carried out in a manner that minimizes any adverse impact on Sanctuary 

resources and qualities. The prohibitions in paragraphs (a) (2) through (10) of this section do not apply 

to any new activities carried out by the Department of Defense that do not have the potential for any 

significant adverse impacts on Sanctuary resources or qualities. Such activities shall be carried out in a 

manner that minimizes any adverse impact on Sanctuary resources and qualities. New activities with the 

potential for significant adverse impacts on Sanctuary resources or qualities may be exempted from the 

prohibitions in paragraphs (a) (2) through (10) of this section by the Director after consultation between 

the Director and the Department of Defense. If it is determined that an activity may be carried out, such 

activity shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources and 

qualities. 

(2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality 

resulting from an untoward incident, including but not limited to spills and groundings, caused by a 

component of the Department of Defense, the cognizant component shall promptly coordinate with the 

Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if 

possible, restore or replace the Sanctuary resource or quality. 

(f) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to any activity executed 

in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit 

issued pursuant to §922.48 and §922.123 or a Special Use permit issued pursuant to section 310 of the 

Act. 

(g) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to any activity 

authorized by any lease, permit, license, approval or other authorization issued after January 18, 1994, 

provided that the applicant complies with §922.49, the Director notifies the applicant and authorizing 

agency that he or she does not object to issuance of the authorization, and the applicant complies with 

any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. 

(h) Notwithstanding paragraphs (f) and (g) of this section, in no event may the Director issue a National 

Marine Sanctuary permit under §922.48 and §922.123 or a Special Use permit under section 10 of the 

Act authorizing, or otherwise approve, the exploration for, development of, or production of oil, gas or 

minerals in a no-activity zone. Any leases, permits, approvals, or other authorizations authorizing the 

exploration for, development of, or production of oil, gas or minerals in a no-activity zone and issued 

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after the January 18, 1994 shall be invalid. 

[60 FR 66877, Dec. 27, 1995, as amended at 66 FR 58371, Nov. 21, 2001] 

§ 922.123 Permit procedures and criteria. 

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(a) A person may conduct an activity prohibited by §922.122(a) (2) through (10) if conducted in 

accordance with the scope, purpose, terms, and conditions of a permit issued under this section and 

§922.48. 

(b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal 

Resource Management; ATTN: Manager, Flower Garden Banks National Marine Sanctuary, 216 West 

26th Street, Suite 104, Bryan, TX 77803. 

(c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he 

or she deems appropriate, to conduct an activity prohibited by §922.122(a) (2) through (10), if the 

Director finds that the activity will: further research related to Sanctuary resources; further the 

educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations 

in or near the Sanctuary in connection with a recent air or marine casualty; or assist in managing the 

Sanctuary. In deciding whether to issue a permit, the Director shall consider such factors as: the 

professional qualifications and financial ability of the applicant as related to the proposed activity; the 

duration of the activity and the duration of its effects; the appropriateness of the methods and 

procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of 

the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the 

activity; and the end value of the activity. In addition, the Director may consider such other factors as he 

or she deems appropriate. 

(d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all 

vessels or aircraft used in the conduct of the activity. 

(e) The Director may, inter alia, make it a condition of any permit issued that any information obtained 

under the permit be made available to the public. 

(f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed 

to observe any activity conducted under the permit and/or that the permit holder submit one or more 

reports on the status, progress, or results of any activity authorized by the permit. 

[60 FR 66877, Dec. 27, 1995, as amended at 65 FR 81178, Dec. 22, 2000] 

Appendix A to Subpart L of Part 922—Flower Garden Banks National Marine Sanctuary 

Boundary Coordinates 

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This appendix contains a second set of boundary coordinates using the geographic positions of the 

North American Datum of 1983 (NAD 83). FGBNMS coordinates are now provided in both North 

American Datum of 1927 (NAD 27) and NAD 83. 

Point Latitude (N) Longitude (W)

East Flower Garden Bank: (NAD 27)

E–1 27 deg. 52' 53.82718" 93 deg. 37' 41.30310"

E–2 27 deg. 53' 34.83434" 93 deg. 38' 23.35445"

E–3 27 deg. 55' 13.64286" 93 deg. 38' 40.34368"

E–4 27 deg. 57' 30.71927" 93 deg. 38' 33.26982"

E–5 27 deg. 58' 27.66896" 93 deg. 37' 46.12447"

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E–6 27 deg. 59' 01.41554" 93 deg. 35' 31.74954"

E–7 27 deg. 59' 00.50888" 93 deg. 35' 09.69198"

E–8 27 deg. 55' 22.38258" 93 deg. 34' 14.79162"

E–9 27 deg. 54' 04.05605" 93 deg. 34' 18.88720"

E–10 27 deg. 53' 26.70972" 93 deg. 35' 05.00978"

E–11 27 deg. 52' 52.06998" 93 deg. 36' 57.23078"

West Flower Garden Bank: (NAD 27)

W–1 27 deg. 49' 10.16324" 93 deg. 50' 45.27154"

W–2 27 deg. 50' 12.35976" 93 deg. 52' 10.47158"

W–3 27 deg. 51' 12.82777" 93 deg. 52' 51.63488"

W–4 27 deg. 51' 32.41145" 93 deg. 52' 50.66983"

W–5 27 deg. 52' 49.88791" 93 deg. 52' 24.77053"

W–6 27 deg. 55' 00.93450" 93 deg. 49' 43.68090"

W–7 27 deg. 54' 58.33040" 93 deg. 48' 37.54501"

W–8 27 deg. 54' 35.26067" 93 deg. 47' 10.34866"

W–9 27 deg. 54' 14.80334" 93 deg. 46' 49.28963"

W–10 27 deg. 53' 35.63704" 93 deg. 46' 51.25825"

W–11 27 deg. 52' 57.34474" 93 deg. 47' 15.26428"

W–12 27 deg. 50' 40.26361" 93 deg. 47' 22.14179"

W–13 27 deg. 49' 10.89894" 93 deg. 48' 42.72307"

Stetson Bank: (NAD 27)

S–1 28 deg. 09' 30.06738" 94 deg. 18' 31.34461"

S–2 28 deg. 10' 09.24374" 94 deg. 18' 29.57042"

S–3 28 deg. 10' 06.88036" 94 deg. 17' 23.26201"

S–4 28 deg. 09' 27.70425" 94 deg. 17' 25.04315"

East Flower Garden Bank: (NAD 83)

E–1 27 deg. 52' 54.84288" 93 deg. 37' 41.84187"

E–2 27 deg. 53' 35.80428" 93 deg. 38' 23.89520"

E–3 27 deg. 55' 14.61048" 93 deg. 38' 40.88638"

E–4 27 deg. 57' 31.68349" 93 deg. 38' 33.81421"

E–5 27 deg. 58' 28.63153" 93 deg. 37' 46.66809"

E–6 27 deg. 59' 02.37658" 93 deg. 35' 32.28918"

E–7 27 deg. 59' 01.46983" 93 deg. 35' 10.23088"

E–8 27 deg. 55' 23.34849" 93 deg. 34' 15.32560"

E–9 27 deg. 54' 05.02387" 93 deg. 34' 19.42020"

E–10 27 deg. 53' 27.67871" 93 deg. 35' 05.54379"

E–11 27 deg. 52' 53.04047" 93 deg. 36' 57.76805"

West Flower Garden Bank: (NAD 83)

W–1 27 deg. 49' 11.14452" 93 deg. 50' 45.83401"

W–2 27 deg. 50' 13.34001" 93 deg. 52' 11.03791"

W–3 27 deg. 51' 13.80672" 93 deg. 52' 52.20349"

W–4 27 deg. 51' 33.38988" 93 deg. 52' 51.23867"

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[65 FR 81178, Dec. 22, 2000] 

Appendix B to Subpart L of Part 922—Coordinates for the Department of the Interior 

Topographic Lease Stipulations for OCS Lease Sale 171 

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Aliquot Part Description of Biological Stipulation Area East Garden Bank 

Block A–366 Texas Leasing Map No. 7C (High Island Area East Addition South Extension)

SE1/4, SW1/4; S1/2, NE1/4, SE1/4; SE1/4, NW1/4, SE1/4; S1/2, SE1/4. 

Block A–376

W1/2, NW1/4, SW1/4; SW1/4, SW1/4, SW1/4. 

Block A–374

W1/2, NW1/4, NW1/4; W1/2, SW1/4, NW1/4; SE1/4, SW1/4, NW1/4; SW1/4, 

NE1/4, SW1/4, W1/2, SW1/4; W1/2, SE1/4, SW1/4; SE1/4, SE1/4, SW1/4. 

Block A–375

E1/2; E1/2, NW1/4; E1/2, NW1/4, NW1/4; SW1/4, NW1/4, NW1/4; E1/2, 

SW1/4, NW1/4; NW1/4, SW1/4, NW1/4; SW1/4. 

Block A–388

NE1/4; E1/2, NW1/4; E1/2, NW1/4, NW1/4; NE1/4, SW1/4, NW1/4; E1/2, 

NE1/4, SW1/4; NW1/4, NE1/4, SW1/4; NE1/4, NW1/4, SW1/4; NE1/4, 

SE1/4, SW1/4, NE1/4; NE1/4, NE1/4, SE1/4; W1/2, NE1/4, SE1/4; NW1/4, 

W–5 27 deg. 52' 50.86415" 93 deg. 52' 25.33954"

W–6 27 deg. 55' 01.90633" 93 deg. 49' 44.24605"

W–7 27 deg. 54' 59.30189" 93 deg. 48' 38.10780"

W–8 27 deg. 54' 36.23221" 93 deg. 47' 10.90806"

W–9 27 deg. 54' 15.77527" 93 deg. 46' 49.84801"

W–10 27 deg. 53' 36.60997" 93 deg. 46' 51.81616"

W–11 27 deg. 52' 58.31880" 93 deg. 47' 15.82251"

W–12 27 deg. 50' 41.24120" 93 deg. 47' 22.69837"

W–13 27 deg. 49' 11.87936" 93 deg. 48' 43.28125"

Stetson Bank: (NAD 83)

S–1 28 deg. 09' 31.02671" 94 deg. 18' 31.98164"

S–2 28 deg. 10' 10.20196" 94 deg. 18' 30.20776"

S–3 28 deg. 10' 07.83821" 94 deg. 17' 23.89688"

S–4 28 deg. 09' 28.66320" 94 deg. 17' 25.67770"

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Block A–389

NE1/4, NW1/4; NW1/4, NW1/4; SW1/4, NW1/4; NE1/4, SE1/4, NW1/4; W1/2, 

SE1/4, NW1/4; N1/2, NW1/4, SW1/4. 

Aliquot Part Description of Biological Stipulation Area West Garden Bank 

Block A–383 Texas Leasing Map No. 7C (High Island Area East Addition South Extension)

E1/2, SE1/4, SE1/4; SW1/4, SE1/4, SE1/4. 

Block A–384

W1/2, SW1/4, NE1/4; SE1/4, SW1/4, NE1/4; S1/2, SE1/4, NE1/4; 

SE1/4, NW1/4; E1/2, SW1/4; E1/2, NW1/4, SW1/4, SW1/4, NW1/4, 

SW1/4; SW1/4, SW1/4; SE1/4. 

Block A–385

SW1/4, SW1/4, NW1/4; NW1/4, SW1/4; NW1/4, SW1/4, SW1/4. 

Block A–397

W1/2, W1/2, NW1/4; W1/2, NW1/4, SW1/4; NW1/4; SW1/4, SW1/4. 

Block A–398

Entire block. 

Block A–399

E1/2, SE1/4, NE1/4, NW1/4; E1/2, SE1/4, NW1/4; E1/2, NE1/4, SW1/4; 

SW1/4, NE1/4, SW1/4; NE1/4, SE1/4, SW1/4. 

Block A–401

NE1/4, NE1/4; N1/2, NW1/4, NE1/4; NE1/4, SE1/4, NE1/4. 

Block 134 Official Protraction Diagram NG15–02 (Garden Banks)

That portion of the block north of a line connecting a point on the east boundary of Block 134, 

X=1,378,080.00′, Y=10,096,183.00′, with a point on the west boundary of Block 134, X=1,367,079,385′, 

Y=10,096,183.000′, defined under the Universal Transverse Mercator grid system. 

Block 135 Official Protraction Diagram NG15–02 (Garden Banks)

That portion of the block northwest of a line connecting the southeast corner of Texas Leasing Map No. 

7C, Block A–398, X=1,383,293.840′, Y=10,103,281.930′, with a point on the west boundary of Official 

Protraction Diagram NG15–02, Block 135, X=1,378,080.000′, Y=10,096,183.000′, defined under the 

Universal Transverse Mercator grid system. 

[65 FR 81180, Dec. 22, 2000] 

Subpart M—Monterey Bay National Marine Sanctuary 

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Source: 73 FR 70535, Nov. 20, 2008, unless otherwise noted. 

§ 922.130 Boundary. 

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The Monterey Bay National Marine Sanctuary (Sanctuary) consists of two separate areas. (a) The first 

area consists of an area of approximately 4016 square nautical miles (nmi) of coastal and ocean waters, 

and submerged lands thereunder, in and surrounding Monterey Bay off the central coast of California. 

The northern terminus of the Sanctuary boundary is located along the southern boundary of the Gulf of 

the Farallones National Marine Sanctuary (GFNMS) beginning at Rocky Point just south of Stinson 

Beach in Marin County. The Sanctuary boundary follows the GFNMS boundary westward to a point 

approximately 29 nmi offshore from Moss Beach in San Mateo County. The Sanctuary boundary then 

extends southward in a series of arcs, which generally follow the 500 fathom isobath, to a point 

approximately 27 nmi offshore of Cambria, in San Luis Obispo County. The Sanctuary boundary then 

extends eastward towards shore until it intersects the Mean High Water Line (MHWL) along the coast 

near Cambria. The Sanctuary boundary then follows the MHWL northward to the northern terminus at 

Rocky Point. The shoreward Sanctuary boundary excludes a small area between Point Bonita and Point 

San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing Harbor are all 

excluded from the Sanctuary shoreward from the points listed in appendix A except for Moss Landing 

Harbor, where all of Elkhorn Slough east of the Highway One bridge, and west of the tide gate at 

Elkhorn Road and toward the center channel from the MHWL is included within the Sanctuary, excluding 

areas within the Elkhorn Slough National Estuarine Research Reserve. Exact coordinates for the 

seaward boundary and harbor exclusions are provided in appendix A to this subpart. 

(b) The Davidson Seamount Management Zone is also part of the Sanctuary. This area, bounded by 

geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, consists of 

approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward 

boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in 

San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary 

are provided in appendix F to this subpart. 

§ 922.131 Definitions. 

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

Attract or attracting means the conduct of any activity that lures or may lure any animal by using food, 

bait, chum, dyes, decoys, acoustics, or any other means, except the mere presence of human beings 

(e.g., swimmers, divers, boaters, kayakers, surfers). 

Clean means not containing detectable levels of harmful matter. 

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

Davidson Seamount Management Zone means the area bounded by geodetic lines connecting a 

rectangle centered on the top of the Davidson Seamount, and consists of approximately 585 square nmi 

of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the 

Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. 

Exact coordinates for the Davidson Seamount Management Zone boundary are provided in appendix F 

to this subpart. 

Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going 

aground or becoming adrift within 12 hours of its discovery and developing and presenting to the 

Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise 

manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot 

after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being 

reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, 

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discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner. 

Federal Project means any water resources development project conducted by the U.S. Army Corps of 

Engineers or operating under a permit or other authorization issued by the Corps of Engineers and 

authorized by Federal law. 

Hand tool means a hand-held implement, utilized for the collection of jade pursuant to 15 CFR 922.132

(a)(1), that is no greater than 36 inches in length and has no moving parts (e.g., dive knife, pry bar, or 

abalone iron). Pneumatic, mechanical, electrical, hydraulic, or explosive tools are, therefore, examples 

of what does not meet this definition. 

Harmful matter means any substance, or combination of substances, that because of its quantity, 

concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat 

to Sanctuary resources or qualities, including but not limited to: Fishing nets, fishing line, hooks, fuel, oil, 

and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 9601(14) of the 

Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4. 

Introduced species means: Any species (including but not limited to any of its biological matter capable 

of propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which 

altered genetic matter, or genetic matter from another species, has been transferred in order that the 

host organism acquires the genetic traits of the transferred genes. 

Motorized personal watercraft (MPWC) means any vessel, propelled by machinery, that is designed to 

be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the 

conventional manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in 

length overall as manufactured and propelled by machinery and that has been exempted from 

compliance with the U.S. Coast Guard's Maximum Capacities Marking for Load Capacity regulation 

found at 33 CFR Parts 181 and 183, except submarines; or any other vessel that is less than 20 feet in 

length overall as manufactured, and is propelled by a water jet pump or drive. 

§ 922.132 Prohibited or otherwise regulated activities. 

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(a) Except as specified in paragraphs (b) through (e) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1) Exploring for, developing, or producing oil, gas, or minerals within the Sanctuary, except: Jade may 

be collected (meaning removed) from the area bounded by the 35.92222 N latitude parallel (coastal 

reference point: Beach access stairway at south Sand Dollar Beach), the 35.88889 N latitude parallel 

(coastal reference point: Westernmost tip of Cape San Martin), and from the mean high tide line 

seaward to the 90-foot isobath (depth line) (the “authorized area”) provided that: 

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

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

(A) A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the jade or scratch the surface of a 

stone as necessary to determine if it is jade; 

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

(C) A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide 

access to the authorized area; 

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

(iv) For any loose piece of jade that cannot be collected under paragraphs (a)(1) (ii) and (iii) of this 

section, any person may apply for a permit to collect such a loose piece by following the procedures in 

15 CFR 922.133. 

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

material or other matter, except: 

(A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within 

the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities 

within the Sanctuary; 

(B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without 

sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated 

incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard 

classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as 

amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a 

manner that prevents discharge or deposit of untreated sewage; 

(C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling 

water, clean bilge water, or anchor wash; 

(D) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without 

sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by 

section 312 of the FWPCA; 

(E) Vessel engine or generator exhaust; or 

(F) Dredged material deposited at disposal sites authorized by the U.S. Environmental Protection 

Agency (EPA) (in consultation with the U.S. Army Corps of Engineers (COE)) prior to the effective date 

of Sanctuary designation (January 1, 1993), provided that the activity is pursuant to, and complies with 

the terms and conditions of, a valid Federal permit or approval existing on January 1, 1993. Authorized 

disposal sites within the Sanctuary are described in appendix C to this subpart. 

(ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise 

ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or 

generator exhaust, clean bilge water, or anchor wash. 

(iii) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter 

that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed 

in paragraphs (a)(2)(i)(A) through (E) and (a)(2)(ii) of this section and dredged material deposited at the 

authorized disposal sites described in appendix D to this subpart, provided that the dredged material 

disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or 

approval. 

(3) Possessing, moving, removing, or injuring, or attempting to possess, move, remove, or injure, a 

Sanctuary historical resource. This prohibition does not apply to, moving, removing, or injury resulting 

incidentally from kelp harvesting, aquaculture, or lawful fishing activities. 

(4) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, 

placing, or abandoning any structure, material, or other matter on or in the submerged lands of the 

Sanctuary, except as incidental and necessary to: 

(i) Conduct lawful fishing activities; 

(ii) Anchor a vessel; 

(iii) Conduct aquaculture or kelp harvesting; 

(iv) Install an authorized navigational aid; 

(v) Conduct harbor maintenance in an area necessarily associated with a Federal Project in existence 

on January 1, 1993, including dredging of entrance channels and repair, replacement, or rehabilitation of 

breakwaters and jetties; 

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

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(vii) Collect jade pursuant to paragraph (a)(1) of this section, provided that there is no constructing, 

placing, or abandoning any structure, material, or other matter on or in the submerged lands of the 

Sanctuary, other than temporary placement of an authorized hand tool as provided in paragraph (a)(1) of 

this section. The exceptions listed in paragraphs (a)(4)(ii) through (a)(4)(vii) of this section do not apply 

within the Davidson Seamount Management Zone. 

(5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized 

by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq. , Endangered 

Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq. , Migratory Bird Treaty Act, as amended, 

(MBTA), 16 U.S.C. 703 et seq. , or any regulation, as amended, promulgated under the MMPA, ESA, or 

MBTA. 

(6) Flying motorized aircraft, except as necessary for valid law enforcement purposes, at less than 1,000 

feet above any of the four zones within the Sanctuary described in appendix B to this subpart. 

(7) Operating motorized personal watercraft within the Sanctuary except within the five designated 

zones and access routes within the Sanctuary described in appendix E to this subpart. Zone Five (at 

Pillar Point) exists only when a High Surf Warning has been issued by the National Weather Service and 

is in effect for San Mateo County, and only during December, January, and February. 

(8) Possessing within the Sanctuary (regardless of where taken, moved, or removed from), any marine 

mammal, sea turtle, or bird, except as authorized by the MMPA, ESA, MBTA, by any regulation, as 

amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement 

purposes. 

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

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

(11)(i) Moving, removing, taking, collecting, catching, harvesting, disturbing, breaking, cutting, or 

otherwise injuring, or attempting to move, remove, take, collect, catch, harvest, disturb, break, cut, or 

otherwise injure, any Sanctuary resource located more that 3,000 feet below the sea surface within the 

Davidson Seamount Management Zone. This prohibition does not apply to fishing below 3000 feet 

within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 

(Fisheries off West Coast States). 

(ii) Possessing any Sanctuary resource the source of which is more than 3,000 feet below the sea 

surface within the Davidson Seamount Management Zone. This prohibition does not apply to possession 

of fish resulting from fishing below 3000 feet within the Davidson Seamount Management Zone, which is 

prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). 

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

striped bass ( Morone saxatilis ) released during catch and release fishing activity. 

(13) Attracting any white shark within the Sanctuary. 

(14) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition 

of seized property in connection with enforcement of the Act or any regulation or permit issued under the 

Act. 

(b) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to an activity necessary 

to respond to an emergency threatening life, property, or the environment. 

(c)(1) All Department of Defense activities must be carried out in a manner that avoids to the maximum 

extent practicable any adverse impacts on Sanctuary resources and qualities. The prohibitions in 

paragraphs (a)(2) through (12) of this section do not apply to existing military activities carried out by the 

Department of Defense, as specifically identified in the Final Environmental Impact Statement and 

Management Plan for the Proposed Monterey Bay National Marine Sanctuary (NOAA, 1992). (Copies of 

the FEIS/MP are available from the Monterey Bay National Marine Sanctuary, 299 Foam Street, 

Monterey, CA 93940.) For purposes of the Davidson Seamount Management Zone, these activities are 

listed in the 2008 Final Environmental Impact Statement. New activities may be exempted from the 

prohibitions in paragraphs (a)(2) through (12) of this section by the Director after consultation between 

the Director and the Department of Defense. 

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(2) In the event of destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an 

incident, including but not limited to discharges, deposits, and groundings, caused by a Department of 

Defense activity, the Department of Defense, in coordination with the Director, must promptly prevent 

and mitigate further damage and must restore or replace the Sanctuary resource or quality in a manner 

approved by the Director. 

(d) The prohibitions in paragraph (a)(1) of this section as it pertains to jade collection in the Sanctuary, 

and paragraphs (a)(2) through (11) and (a)(13) of this section, do not apply to any activity conducted 

under and in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary 

permit issued pursuant to 15 CFR 922.48 and 922.133 or a Special Use permit issued pursuant to 

section 310 of the Act. 

(e) The prohibitions in paragraphs (a)(2) through (a)(8) of this section do not apply to any activity 

authorized by any lease, permit, license, approval, or other authorization issued after the effective date 

of Sanctuary designation (January 1, 1993) and issued by any Federal, State, or local authority of 

competent jurisdiction, provided that the applicant complies with 15 CFR 922.49, the Director notifies the 

applicant and authorizing agency that he or she does not object to issuance of the authorization, and the 

applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary 

resources and qualities. Amendments, renewals, and extensions of authorizations in existence on the 

effective date of designation constitute authorizations issued after the effective date of Sanctuary 

designation. 

(f) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a National 

Marine Sanctuary permit under 15 CFR 922.48 and 922.133 or a Special Use permit under section 310 

of the Act authorizing, or otherwise approve: the exploration for, development, or production of oil, gas, 

or minerals within the Sanctuary, except for the collection of jade pursuant to paragraph (a)(1) of this 

section; the discharge of primary-treated sewage within the Sanctuary (except by certification, pursuant 

to 15 CFR 922.47, of valid authorizations in existence on January 1, 1993 and issued by other 

authorities of competent jurisdiction); or the disposal of dredged material within the Sanctuary other than 

at sites authorized by EPA (in consultation with COE) prior to January 1, 1993. Any purported 

authorizations issued by other authorities within the Sanctuary shall be invalid. 

[73 FR 70535, Nov. 20, 2008, as amended at 75 FR 53571, Sept. 1, 2010] 

§ 922.133 Permit procedures and criteria. 

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(a) A person may conduct an activity prohibited by §922.132(a)(1) as it pertains to jade collection in the 

Sanctuary, §922.132(a)(2) through (11), and §922.132(a)(13), if such activity is specifically authorized 

by, and conducted in accordance with the scope, purpose, terms, and conditions of, a permit issued 

under this section and 15 CFR 922.48. 

(b) The Director, at his or her sole discretion, may issue a permit, subject to terms and conditions as he 

or she deems appropriate, to conduct an activity prohibited by §922.132(a)(1) as it pertains to jade 

collection in the Sanctuary, §922.132(a)(2) through (11), and §922.132(a)(13), if the Director finds that 

the activity will have at most short-term and negligible adverse effects on Sanctuary resources and 

qualities and: 

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

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

(3) Will further salvage or recovery operations within or near the Sanctuary in connection with a recent 

air or marine casualty; 

(4) Will assist in managing the Sanctuary; 

(5) Will further salvage or recovery operations in connection with an abandoned shipwreck in the 

Sanctuary title to which is held by the State of California; or 

(6) Will allow the removal, without the use of pneumatic, mechanical, electrical, hydraulic or explosive 

tools, of loose jade from the Jade Cove area under §922.132(a)(1)(iv). 

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

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

the activity; 

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

and complete the activity; 

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

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

(5) Will the activity be conducted using methods and procedures that are appropriate to achieve the 

goals of the proposed activity, especially in relation to the potential effects of the proposed activity on 

Sanctuary resources and qualities; 

(6) Will the activity be conducted in a manner compatible with the primary objective of protection of 

Sanctuary resources and qualities, considering the extent to which the conduct of the activity may 

diminish or enhance Sanctuary resources and qualities, any potential indirect, secondary, or cumulative 

effects of the activity, and the duration of such effects; 

(7) Will the activity be conducted in a manner compatible with the value of the Sanctuary as a source of 

recreation and as a source of educational and scientific information, considering the extent to which the 

conduct of the activity may result in conflicts between different users of the Sanctuary and the duration 

of such effects; and 

(8) Does the reasonably expected end value of the activity to the furtherance of the Sanctuary goals and 

objectives outweigh any potential adverse effects on Sanctuary resources and qualities from the conduct 

of the activity. 

(d) For jade collection, preference will be given for applications proposing to collect loose pieces of jade 

for research or educational purposes. 

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

(f) Applications. (1) Applications for permits should be addressed to the Director, Office of National 

Marine Sanctuaries; ATTN: Superintendent, Monterey Bay National Marine Sanctuary, 299 Foam Street, 

Monterey, CA 93940. 

(2) In addition to the information listed in 15 CFR 922.48(b), all applications must include information the 

Director needs to make the findings in paragraph (b) of this section and information to be considered by 

the Director pursuant to paragraph (c) of this section. 

(g) In addition to any other terms and conditions that the Director deems appropriate, a permit issued 

pursuant to this section must require that the permittee agree to hold the United States harmless against 

any claims arising out of the conduct of the permitted activities. 

§ 922.134 Notification and review. 

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(a) [Reserved] 

(b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA, 

and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to 

water quality within State waters within the Sanctuary. 

With regard to permits, the MOA encompasses: 

(i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California 

under section 13377 of the California Water Code; and 

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(ii) Waste Discharge Requirements issued by the State of California under section 13263 of the 

California Water Code. 

(2) The MOA specifies how the process of 15 CFR 922.49 will be administered within State waters within 

the Sanctuary in coordination with the State permit program. 

Appendix A to Subpart M of Part 922—Monterey Bay National Marine Sanctuary 

Boundary Coordinates 

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Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American 

Datum of 1983. 

Point ID No. Latitude Longitude

Seaward Boundary

1 37.88225 −122.62753

2 37.66641 −122.75105

3 37.61622 −122.76937

4 37.57147 −122.80399

5 37.52988 −122.85988

6 37.50948 −122.90614

7 37.49418 −123.00770

8 37.50819 −123.09617

9 37.52001 −123.12879

10 37.45304 −123.14009

11 37.34316 −123.13170

12 37.23062 −123.10431

13 37.13021 −123.02864

14 37.06295 −122.91261

15 37.03509 −122.77639

16 36.92155 −122.80595

17 36.80632 −122.81564

18 36.69192 −122.80539

19 36.57938 −122.77416

20 36.47338 −122.72568

21 36.37242 −122.65789

22 36.27887 −122.57410

23 36.19571 −122.47699

24 36.12414 −122.36527

25 36.06864 −122.24438

26 36.02451 −122.11672

27 35.99596 −121.98232

28 35.98309 −121.84069

29 35.98157 −121.75634

30 35.92933 −121.71119

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[75 FR 53571, Sept. 1, 2010] 

Appendix B to Subpart M of Part 922—Zones Within the Sanctuary Where Overflights 

Below 1000 Feet Are Prohibited 

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The four zones are: 

(1) From mean high water to 3 nautical miles (nmi) offshore between a line extending from Point Santa 

Cruz on a southwesterly bearing of 220° true and a line extending from 2.0 nmi north of Pescadero Point 

on a southwesterly bearing of 240° true; 

(2) From mean high water to 3 nmi offshore between a line extending from the Carmel River mouth on a 

westerly bearing of 270° true and a line extending due west along latitude parallel 35.55488 N off of 

Cambria; 

(3) From mean high water and within a 5 nmi seaward arc drawn from a center point of 36.80129 N, 

121.79034 W (the end of the Moss Landing ocean pier as it appeared on the most current NOAA 

nautical charts as of January 1, 1993); and 

(4) Over the Sanctuary's jurisdictional waters of Elkhorn Slough east of the Highway One bridge to 

Elkhorn Road. 

[75 FR 53571, Sept. 1, 2010] 

Appendix C to Subpart M of Part 922—Dredged Material Disposal Sites Within the 

Sanctuary 

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[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using 

31 35.83773 −121.71922

32 35.72063 −121.71216

33 35.59497 −121.69030

34 35.55327 −121.63048

35 35.55483 −121.10399

36 37.59421 −122.52001

37 37.61367 −122.61673

38 37.76694 −122.65011

39 37.81777 −122.53008

Harbor Exclusions

40 37.49414 −122.48483

41 37.49540 −122.48576

42 36.96082 −122.00175

43 36.96143 −122.00112

44 36.80684 −121.79145

45 36.80133 −121.79047

46 36.60837 −121.88970

47 36.60580 −121.88965

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the North American Datum of 1983] 

Appendix D to Subpart M of Part 922—Dredged Material Disposal Sites Adjacent to the 

Monterey Bay National Marine Sanctuary 

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[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using 

the North American Datum of 1983] 

As of January 1, 1993, the U.S. Army Corps of Engineers operates the following dredged material 

disposal site adjacent to the Sanctuary off of the Golden Gate: 

Appendix E to Subpart M of Part 922—Motorized Personal Watercraft Zones and 

Access Routes Within the Sanctuary 

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[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using 

the North American Datum of 1983] 

Point ID No. Latitude Longitude

Santa Cruz Harbor/Twin Lakes Dredge Disposal Site

1 36.9625 −122.00056

2 36.9625 −121.99861

3 36.96139 −121.99833

4 36.96139 −122.00083

SF–12 Dredge Disposal Site

1 36.80207 −121.79207

2 36.80157 −121.79218

3 36.80172 −121.79325

4 36.80243 −121.79295

SF–14 Dredge Disposal Site

(circle with 500 yard radius)

1 36.79799 −121.81907

Monterey Harbor/Wharf II Dredge Disposal Site

1 36.60297 −121.88942

2 36.60283 −121.88787

3 36.60092 −121.88827

4 36.60120 −121.88978

Point ID No. Latitude Longitude

1 37.76458 −122.56900

2 37.74963 −122.62281

3 37.74152 −122.61932

4 37.75677 −122.56482

5 37.76458 −122.56900

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The five zones and access routes are: 

(1) The approximately one [1.0] nmi2 area off Pillar Point Harbor from harbor launch ramps, through the 

harbor entrance to the northern boundary of Zone One: 

(2) The approximately five [5.0] nmi2 area off of Santa Cruz Small Craft Harbor from harbor launch 

ramps, through the harbor entrance, and then along a 100-yard wide access route southwest along a 

bearing of approximately 196° true (180° magnetic) to the red and white whistle buoy at 36.93833 N, 

122.01000 W. Zone Two is bounded by: 

(3) The approximately six [6.0] nmi2 area off of Moss Landing Harbor from harbor launch ramps, through 

harbor entrance, and then along a 100-yard wide access route southwest along a bearing of 

approximately 230° true (215° magnetic) to the red and white bell buoy at the eastern boundary of Zone 

Three bounded by: 

(4) The approximately five [5.0] nmi2 area off of Monterey Harbor from harbor launch ramps to the 

seaward end of the U.S. Coast Guard Pier, and then along a 100-yard wide access route northeast 

along a bearing of approximately 15° true (0° magnetic) to the southern boundary of Zone Four bounded 

by: 

Point ID No. Latitude Longitude

1 (flashing 5-second breakwater entrance light and 

horn located at the seaward end of the outer west 

breakwater)

37.49395 −122.48477

2 (bell buoy) 37.48167 −122.48333

3 37.48000 −122.46667

4 37.49333 −122.46667

Point ID No. Latitude Longitude

1 36.91667 −122.03333

2 36.91667 −121.96667

3 36.94167 −121.96667

4 36.94167 −122.03333

Point ID No. Latitude Longitude

1 36.83333 −121.82167

2 36.83333 −121.84667

3 36.77833 −121.84667

4 36.77833 −121.81667

5 (red and white bell buoy) 36.79833 −121.80167

6 36.81500 −121.80333

Point ID No. Latitude Longitude

1 36.64500 −121.92333

2 36.61500 −121.87500

3 36.63833 −121.85500

4 36.66667 −121.90667

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(5) The approximately one-tenth [0.10] nmi2 area near Pillar Point from the Pillar Point Harbor entrance 

along a 100-yard wide access route southeast along a bearing of approximately 174° true (159° 

magnetic) to the green bell buoy (identified as “Buoy 3”) at 37.48154 N, 122.48156 W and then along a 

100-yard wide access route northwest along a bearing of approximately 284° true (269° magnetic) to the 

green gong buoy (identified as “Buoy 1”) at 37.48625 N, 122.50603 W, the southwest boundary of Zone 

Five. Zone Five exists only when a High Surf Warning has been issued by the National Weather Service 

and is in effect for San Mateo County and only during December, January, and February. Zone Five is 

bounded by: 

[75 FR 53571, Sept. 1, 2010] 

Appendix F to Subpart M of Part 922—Davidson Seamount Management Zone 

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[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using 

the North American Datum of 1983] 

Subpart N—Stellwagen Bank National Marine Sanctuary 

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§ 922.140 Boundary. 

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(a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) consists of an area of approximately 

638 square nautical miles (NM) of Federal marine waters and the submerged lands thereunder, over 

and around Stellwagen Bank and other submerged features off the coast of Massachusetts. The 

boundary encompasses the entirety of Stellwagen Bank; Tillies Bank, to the northeast of Stellwagen 

Bank; and portions of Jeffreys Ledge, to the north of Stellwagen Bank. 

(b) The Sanctuary boundary is identified by the following coordinates, indicating the most northeast, 

southeast, southwest, west-northwest, and north-northwest points: 42°45'59.83"N×70°13'01.77"W (NE); 

42°05'35.51"N×70°02'08.14"W (SE); 42°07'44.89"W×70°28'15.44"W (SW); 42°32'53.52"N×70°

35'52.38"W (WNW); and 42°39'04.08"N×70°30'11.29"W (NNW). The western border is formed by a 

straight line connecting the most southwest and the west-northwest points of the Sanctuary. At the most 

west-northwest point, the Sanctuary border follows a line contiguous with the three-mile jurisdictional 

boundary of Massachusetts to the most north-northwest point. From this point, the northern border is 

formed by a straight line connecting the most north-northwest point and the most northeast point. The 

eastern border is formed by a straight line connecting the most northeast and the most southeast points 

of the Sanctuary. The southern border follows a straight line between the most southwest point and a 

Point ID No. Latitude Longitude

1 (gong buoy identified as “Buoy 1”) 37.48625 −122.50603

2 37.49305 −122.50603

3 (Sail Rock) 37.49305 −122.50105

4 37.48625 −122.50105

Point ID No. Latitude Longitude

1 35.90000 −123.00000

2 35.90000 −122.50000

3 35.50000 −122.50000

4 35.50000 −123.00000

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point located at 42°06'54.57"N × 70°16'42.7" W. From that point, the southern border then continues in a 

west-to-east direction along a line contiguous with the three-mile jurisdictional boundary of 

Massachusetts until reaching the most southeast point of the Sanctuary. The boundary coordinates are 

listed in appendix A to this subpart. 

§ 922.141 Definitions. 

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

Industrial material means mineral, as defined in §922.3. 

Traditional fishing means those commercial or recreational fishing methods which have been conducted 

in the past within the Sanctuary. 

§ 922.142 Prohibited or otherwise regulated activities. 

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(a) Except as specified in paragraphs (b) through (f) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter 

except: 

(A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in 

the Sanctuary; 

(B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices 

approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, 

(FWPCA), 33 U.S.C. 1322 et seq. ; 

(C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater 

as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; or 

(D) Engine exhaust. 

(ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, 

except those listed in paragraphs (a)(1)(i) (A) through (D) of this section, that subsequently enters the 

Sanctuary and injures a Sanctuary resource or quality. 

(2) Exploring for, developing or producing industrial materials within the Sanctuary. 

(3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or 

abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an 

incidental result of: 

(i) Anchoring vessels; 

(ii) Traditional fishing operations; or 

(iii) Installation of navigation aids. 

(4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical 

resource. This prohibition does not apply to moving, removing or injury resulting incidentally from 

traditional fishing operations. 

(5) Taking any marine reptile, marine mammal or seabird in or above the Sanctuary, except as permitted 

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by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 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. 

(6) Lightering in the Sanctuary. 

(7) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as 

necessary for valid law enforcement purposes, any historical resource, or any marine mammal, marine 

reptile or seabird taken in violation of the MMPA, ESA or MBTA. 

(8) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of 

seized property in connection with enforcement of the Act or any regulation or permit issued under the 

Act. 

(b) The prohibitions in paragraphs (a) (1), and (3) through (8) of this section do not apply to any activity 

necessary to respond to an emergency threatening life, property or the environment. 

(c)(1)(i) All Department of Defense military activities shall be carried out in a manner that avoids to the 

maximum extent practicable any adverse impacts on Sanctuary resources and qualities. 

(ii) Department of Defense military activities may be exempted from the prohibitions in paragraphs (a) (1) 

and (3) through (7) of this section by the Director after consultation between the Director and the 

Department of Defense. 

(iii) If it is determined that an activity may be carried out, such activity shall be carried out in a manner 

that avoids to the maximum extent practicable any advance impact on Sanctuary resources and 

qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of 

Engineers are excluded from the scope of this paragraph(c). 

(2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality 

resulting from an untoward incident, including but not limited to spills and groundings caused by the 

Department of Defense, the Department of Defense shall promptly coordinate with the Director for the 

purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or 

replace the Sanctuary resource or quality. 

(d) The prohibitions in paragraphs (a) (1) and (3) through (7) of this section do not apply to any activity 

executed in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary 

permit issued pursuant to §922.48 and §922.143 or a Special Use permit issued pursuant to section 310 

of the Act. 

(e) The prohibitions in paragraphs (a)(1) and (3) through (7) of this section do not apply any activity 

authorized by any lease, permit, license, approval or other authorization issued after the effective date of 

Sanctuary designation (November 4, 1992) and issued by any Federal, State or local authority of 

competent jurisdiction, provided that the applicant complies with §922.49, the Director notifies the 

applicant and authorizing agency that he or she does not object to issuance of the authorization, and the 

applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary 

resources and qualities. Amendments, renewals and extensions of authorizations in existence on the 

effective date of designation constitute authorizations issued after the effective date. 

(f) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a permit 

under §922.48 and §922.143, or under section 310 of the act, authorizing, or otherwise approving, the 

exploration for, development or production of industrial materials within the Sanctuary, or the disposal of 

dredged materials within the Sanctuary (except by a certification, pursuant to §922.47, of valid 

authorizations in existence on November 4, 1992) and any leases, licenses, permits, approvals or other 

authorizations authorizing the exploration for, development or production of industrial materials in the 

Sanctuary issued by other authorities after November 4, 1992, shall be invalid. 

§ 922.143 Permit procedures and criteria. 

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(a) A person may conduct an activity prohibited by §922.142 (a) (1) and (3) through (7) if conducted in 

accordance with scope, purpose, manner, terms and conditions of a permit issued under this section 

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and §922.48. 

(b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal 

Resource Management; ATTN: Manager, Stellwagen Bank National Marine Sanctuary, 14 Union Street, 

Plymouth, MA 02360. 

(c) The Director, at his or her discretion may issue a permit, subject to such terms and conditions as he 

or she deems appropriate, to conduct an activity prohibited by §922.142(a) (1) and (3) through (7), if the 

Director finds that the activity will have only negligible short-term adverse effects on Sanctuary 

resources and qualities and will: further research related to Sanctuary resources and qualities; further 

the educational, natural or historical resource value of the Sanctuary; further salvage or recovery 

operations in or near the Sanctuary in connection with a recent air or marine casualty; or assist in 

managing the Sanctuary. In deciding whether to issue a permit, the Director may consider such factors 

as: the professional qualifications and financial ability of the applicant as related to the proposed activity; 

the duration of the activity and the duration of its effects; the appropriateness of the methods and 

procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of 

the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the 

activity; and the end value of the activity. In addition, the Director may consider such other factors as he 

or she deems appropriate. 

(d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all 

vessels or aircraft used in the conduct of the activity. 

(e) The Director may, inter alia, make it a condition of any permit issued that any data or information 

obtained under the permit be made available to the public. 

(f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed 

to observe any activity conducted under the permit and/or that the permit holder submit one or more 

reports on the status, progress or results of any activity authorized by the permit. 

Appendix A to Subpart N of Part 922—Stellwagen Bank National Marine Sanctuary 

Boundary Coordinates 

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[Appendix Based on North American Datum of 1927] 

Pt. Latitude Longitude

Loran

9960W 9960X

E1 42°45'59.83" 70°13'01.77" 13,607.19 25,728.57

E2 42°05'35.51" 70°02'08.14" 13,753.39 25,401.78

E3 42°06'8.25" 70°03'17.55" 13,756.72 25,412.46

E4 42°06'2.53" 70°04'03.36" 13,760.30 25,417.53

E5 42°07'02.70" 70°05'13.61" 13,764.52 25,427.27

E6 42°07'13.0" 70°06'23.75" 13,770.54 25,434.45

E7 42°07'35.95" 70°07'27.89" 13,775.08 25,442.51

E8 42°07'42.33" 70°08'26.07" 13,780.35 25,448.27

E9 42°07'59.94" 70°09'19.78" 13,784.24 25,455.02

E10 42°08'04.95" 70°10'24.40" 13,790.27 25,461.28

E11 42°07'55.19" 70°11'47.67" 13,799.38 25,467.56

E12 42°07'59.84" 70°13'03.35" 13,806.58 25,474.95

E13 42°07'46.55" 70°14'21.91" 13,815.52 25,480.62

E14 42°07'27.29" 70°15'22.95" 13,823.21 25,484.05

E15 42°06'54.57" 70°16'42.71" 13,833.88 25,487.79

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Subpart O—Olympic Coast National Marine Sanctuary 

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§ 922.150 Boundary. 

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Link to an amendment published at 76 FR 67360, November 1, 2011.

(a) The Olympic Coast National Marine Sanctuary (Sanctuary) consists of an area of approximately 

2500 square nautical miles (NM) (approximately 8577 sq. kilometers) of coastal and ocean waters, and 

the submerged lands thereunder, off the central and northern coast of the State of Washington. 

(b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada 

international boundary. The Sanctuary boundary then follows the U.S./Canada international boundary 

seaward to the 100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 

fathom isobath in a southerly direction from the U.S./Canada international boundary to a point due west 

of the mouth of the Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault 

Canyons. The coastal boundary of the Sanctuary is the mean higher high water line when adjacent to 

Federally managed lands cutting across the mouths of all rivers and streams, except where adjacent to 

Indian reservations, State and county owned lands; in such case, the coastal boundary is the mean 

lower low water line. La Push harbor is excluded from the Sanctuary boundary shoreward of the 

International Collision at Sea regulation (Colreg.) demarcation lines. The boundary coordinates are listed 

in appendix A to this subpart. 

§ 922.151 Definitions. 

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Link to an amendment published at 76 FR 67360, November 1, 2011.

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

Federal Project means any water resources development project conducted by the U.S. Army Corps of 

Engineers or operating under a permit or other authorization issued by the Corps of Engineers and 

authorized by Federal law. 

Indian reservation means a tract of land set aside by the Federal Government for use by a Federally 

E16 42°07'44.89" 70°28'15.44" 13,900.14 25,563.22

E17 42°32'53.52" 70°35'52.38" 13,821.60 25,773.51

E18 42°33'30.24" 70°35'14.96" 13,814.43 25,773.54

E19 42°33'48.14" 70°35'03.81" 13,811.68 25,774.28

E20 42°34'30.45" 70°34'22.98" 13,803.64 25,774.59

E21 42°34'50.37" 70°33'21.93" 13,795.43 25,770.55

E22 42°35'16.08" 70°32'32.29" 13,787.92 25,768.31

E23 42°35'41.80" 70°31'44.20" 13,780.57 25,766.25

E24 42°36'23.08" 70°30'58.98" 13,772.14 25,766.14

E25 42°37'15.51" 70°30'23.01" 13,763.69 25,768.12

E26 42°37'58.88" 70°30'06.60" 13,758.09 25,771.07

E27 42°38'32.46" 70°30'06.54" 13,755.07 25,774.58

E28 42°39'04.08" 70°30'11.29" 13,752.75 25,778.35

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recognized American Indian tribe and includes, but is not limited to, the Makah, Quileute, Hoh and 

Quinault Reservations. 

Traditional fishing means fishing using a commercial or recreational fishing method that has been used 

in the Sanctuary before the effective date of Sanctuary designation (July 22, 1994), including the 

retrieval of fishing gear. 

Treaty means a formal agreement between the United States Government and an Indian tribe. 

§ 922.152 Prohibited or otherwise regulated activities. 

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Link to an amendment published at 76 FR 67360, November 1, 2011.

(a) Except as specified in paragraphs (b) through (g) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary. 

(2)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter 

except: 

(A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in 

the Sanctuary; 

(B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices 

approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, 

(FWPCA), 33 U.S.C. 1322 et seq. ; 

(C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater 

as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; 

(D) Engine exhaust; or 

(E) Dredge spoil in connection with beach nourishment projects related to harbor maintenance activities. 

(ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, 

except those listed in paragraphs (a)(2)(i) (A) through (E) of this section, that subsequently enters the 

Sanctuary and injures a Sanctuary resource or quality. 

(3) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical 

resource. This prohibition does not apply to moving, removing or injury resulting incidentally from 

traditional fishing operations. 

(4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or 

abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an 

incidental result of: 

(i) Anchoring vessels; 

(ii) Traditional fishing operations; 

(iii) Installation of navigation aids; 

(iv) Harbor maintenance in the areas necessarily associated with Federal Projects in existence on July 

22, 1994, including dredging of entrance channels and repair, replacement or rehabilitation of 

breakwaters and jetties; 

(v) Construction, repair, replacement or rehabilitation of boat launches, docks or piers, and associated 

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breakwaters and jetties; or 

(vi) Beach nourishment projects related to harbor maintenance activities. 

(5) Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except as authorized by 

the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 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., or pursuant to any Indian treaty with an Indian tribe to which 

the United States is a party, provided that the Indian treaty right is exercised in accordance with the 

MMPA, ESA and MBTA, to the extent that they apply. 

(6) Flying motorized aircraft at less than 2,000 feet both above the Sanctuary within one NM of the 

Flattery Rocks, Quillayute Needles, or Copalis National Wildlife Refuge, or within one NM seaward from 

the coastal boundary of the Sanctuary, except for activities related to tribal timber operations conducted 

on reservation lands, or to transport persons or supplies to or from reservation lands as authorized by a 

governing body of an Indian tribe. 

(7) Possessing within the Sanctuary (regardless of where taken, moved or removed from) any historical 

resource, or any marine mammal, sea turtle, or seabird taken in violation of the MMPA, ESA or MBTA, 

to the extent that they apply. 

(8) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of 

seized property in connection with enforcement of the Act or any regulation or permit issued under the 

Act. 

(b) The prohibitions in paragraph (a) (2) through (4), (6) and (7) of this section do not apply to activities 

necessary to respond to emergencies threatening life, property or the environment. 

(c) The prohibitions in paragraphs (a) (2) through (4), (6) and (7) of this section do not apply to activities 

necessary for valid law enforcement purposes. 

(d)(1) All Department of Defense military activities shall be carried out in a manner that avoids to the 

maximum extent practicable any adverse impacts on Sanctuary resources and qualities. 

(i) Except as provided in paragraph (d)(2) of this section, the prohibitions in paragraphs (a) (2) through 

(7) of this section do not apply to the following military activities performed by the Department of 

Defense in W–237A, W–237B, and Military Operating Areas Olympic A and B in the Sanctuary: 

(A) Hull integrity tests and other deep water tests; 

(B) Live firing of guns, missiles, torpedoes, and chaff; 

(C) Activities associated with the Quinault Range including the in-water testing of non-explosive 

torpedoes; and 

(D) Anti-submarine warfare operations. 

(ii) New activities may be exempted from the prohibitions in paragraphs (a) (2) through (7) of this section 

by the Director after consultation between the Director and the Department of Defense. If it is 

determined that an activity may be carried out, such activity shall be carried out in a manner that avoids 

to the maximum extent practicable any adverse impact on Sanctuary resources and qualities. Civil 

engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded 

from the scope of this paragraph (d). 

(2) The Department of Defense is prohibited from conducting bombing activities within the Sanctuary. 

(3) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality 

resulting from an untoward incident, including but not limited to spills and groundings caused by the 

Department of Defense, the Department of Defense shall promptly coordinate with the Director for the 

purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or 

replace the Sanctuary resource or quality. 

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(e) The prohibitions in paragraphs (a) (2) through (7) of this section do not apply to any activity executed 

in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary permit 

issued pursuant to §922.48 and §922.153 or a Special Use permit issued pursuant to section 310 of the 

Act. 

(f) Members of a federally recognized Indian tribe may exercise aboriginal and treaty-secured rights, 

subject to the requirements of other applicable law, without regard to the requirements of this part. The 

Director may consult with the governing body of a tribe regarding ways the tribe may exercise such 

rights consistent with the purposes of the Sanctuary. 

(g) The prohibitions in paragraphs (a) (2) through (7) of this section do not apply to any activity 

authorized by any lease, permit, license, or other authorization issued after July 22, 1994 and issued by 

any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with 

§922.49, the Director notifies the applicant and authorizing agency that he or she does not object to 

issuance of the authorization, and the applicant complies with any terms and conditions the Director 

deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions 

of authorizations in existence on the effective date of designation constitute authorizations issued after 

the effective date. 

(h) Notwithstanding paragraphs (e) and (g) of this section, in no event may the Director issue a National 

Marine Sanctuary permit under §§922.48 and 922.153 or a Special Use permit under section 310 of the 

Act authorizing, or otherwise approve: The exploration for, development or production of oil, gas or 

minerals within the Sanctuary; the discharge of primary-treated sewage within the Sanctuary (except by 

certification, pursuant to §922.47, of valid authorizations in existence on July 22, 1994 and issued by 

other authorities of competent jurisdiction); the disposal of dredged material within the Sanctuary other 

than in connection with beach nourishment projects related to harbor maintenance activities; or bombing 

activities within the Sanctuary. Any purported authorizations issued by other authorities after July 22, 

1994 for any of these activities within the Sanctuary shall be invalid. 

§ 922.153 Permit procedures and criteria. 

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Link to an amendment published at 76 FR 67361, November 1, 2011.

(a) A person may conduct an activity prohibited by paragraphs (a) (2) through (7) of §922.152 if 

conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this 

section and §922.48. 

(b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal 

Resource Management; ATTN: Manager, Olympic Coast National Marine Sanctuary, 138 West First 

Street, Port Angeles, WA 98362. 

(c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he 

or her deems appropriate, to conduct an activity prohibited by paragraphs (a) (2) through (7) of 

§922.152, if the Director finds that the activity will not substantially injure Sanctuary resources and 

qualities and will: further research related to Sanctuary resources and qualities; further the educational, 

natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near 

the Sanctuary in connection with a recent air or marine casualty; assist in managing the Sanctuary; 

further salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary title 

to which is held by the State of Washington; or promote the welfare of any Indian tribe adjacent to the 

Sanctuary. In deciding whether to issue a permit, the Director may consider such factors as: the 

professional qualifications and financial ability of the applicant as related to the proposed activity; the 

duration of the activity and the duration of its effects; the appropriateness of the methods and 

procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of 

the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the 

activity; the end value of the activity; and the impacts of the activity on adjacent Indian tribes. Where the 

issuance or denial of a permit is requested by the governing body of an Indian tribe, the Director shall 

consider and protect the interests of the tribe to the fullest extent practicable in keeping with the 

purposes of the Sanctuary and his or her fiduciary duties to the tribe. The Director may also deny a 

permit application pursuant to this section, in whole or in part, if it is determined that the permittee or 

applicant has acted in violation of the terms or conditions of a permit or of the regulations in this subpart. 

In addition, the Director may consider such other factors as he or she deems appropriate. 

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(d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all 

vessels or aircraft used in the conduct of the activity. 

(e) The Director may, inter alia, make it a condition of any permit issued that any data or information 

obtained under the permit be made available to the public. 

(f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed 

to observe any activity conducted under the permit and/or that the permit holder submit one or more 

reports on the status, progress or results of any activity authorized by the permit. 

(g) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to 

issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance 

to the tribe. 

(h) Removal, or attempted removal of any Indian cultural resource or artifact may only occur with the 

express written consent of the governing body of the tribe or tribes to which such resource or artifact 

pertains, and certification by the Director that such activities occur in a manner that minimizes damage 

to the biological and archeological resources. Prior to permitting entry onto a significant cultural site 

designated by a tribal governing body, the Director shall require the express written consent of the 

governing body of the tribe or tribes to which such cultural site pertains. 

§ 922.154 Consultation with the State of Washington, affected Indian tribes, and 

adjacent county governments. 

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(a) The Director shall regularly consult with the State of Washington, the governing bodies of tribes with 

reservations adjacent to the Sanctuary, and adjacent county governments regarding areas of mutual 

concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary 

resources. 

(b) The Director shall, when requested by such governments, enter into a memorandum of 

understanding regarding such consultations. 

Appendix A to Subpart O of Part 922—Olympic Coast National Marine Sanctuary 

Boundary Coordinates 

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[Based on North American Datum of 1983] 

Point Latitude Longitude

1 47°07'45" 124°11'02"

2 47°07'45" 124°58'12"

3 47°35'05" 125°00'00"

4 47°40'05" 125°04'44"

5 47°50'01" 125°05'42"

6 47°57'13" 125°29'13"

7 48°07'33" 125°38'20"

8 48°15'00" 125°40'54"

9 48°18'21.2" 125°30'02.9"

10 48°20'15.2" 125°22'52.9"

11 48°26'46.2" 125°09'16.9"

12 48°27'09.2" 125°08'29.9"

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Subpart P—Florida Keys National Marine Sanctuary 

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Source: 62 FR 32161, June 12, 1997, unless otherwise noted. 

§ 922.160 Purpose. 

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(a) The purpose of the regulations in this subpart is to implement the comprehensive management plan 

for the Florida Keys National Marine Sanctuary by regulating activities affecting the resources of the 

Sanctuary or any of the qualities, values, or purposes for which the Sanctuary is designated, in order to 

protect, preserve and manage the conservation, ecological, recreational, research, educational, 

historical, and aesthetic resources and qualities of the area. In particular, the regulations in this part are 

intended to protect, restore, and enhance the living resources of the Sanctuary, to contribute to the 

maintenance of natural assemblages of living resources for future generations, to provide places for 

species dependent on such living resources to survive and propagate, to facilitate to the extent 

compatible with the primary objective of resource protection all public and private uses of the resources 

of the Sanctuary not prohibited pursuant to other authorities, to reduce conflicts between such 

compatible uses, and to achieve the other policies and purposes of the Florida Keys National Marine 

Sanctuary and Protection Act and the National Marine Sanctuaries Act. 

(b) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations 

every five years, and make necessary revisions. Upon completion of the five year review of the 

Sanctuary management plan and regulations, the Secretary will repropose the regulations in their 

entirety with any proposed changes thereto, including those regulations in subparts A and E of this part 

that apply to the Sanctuary. The Governor of the State of Florida will have the opportunity to review the 

re-proposed regulations before they take effect and if the Governor certifies such regulations as 

unacceptable, they will not take effect in State waters of the Sanctuary. 

§ 922.161 Boundary. 

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The Sanctuary consists of an area of approximately 2900 square nautical miles (9,800 square 

kilometers) of coastal and ocean waters, and the submerged lands thereunder, surrounding the Florida 

Keys in Florida. Appendix I to this subpart sets forth the precise Sanctuary boundary. 

[66 FR 4369, Jan. 17, 2001] 

§ 922.162 Definitions. 

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13 48°28'08.2" 125°05'51.9"

14 48°29'43.2" 125°00'10.9"

15 48°29'56.2" 124°59'19.9"

16 48°30'13.2" 124°54'56.9"

17 48°30'21.2" 124°50'25.9"

18 48°30'10.2" 124°47'17.9"

19 48°29'36.4" 124°43'38.1"

20 48°28'08" 124°38'13"

21 48°23'17" 124°38'13"

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(a) The following definitions apply to the Florida Keys National Marine Sanctuary regulations. To the 

extent that a definition appears in §922.3 and this section, the definition in this section governs. 

Acts means the Florida Keys National Marine Sanctuary and Protection Act, as amended, (FKNMSPA) 

(Pub. L. 101–605), and the National Marine Sanctuaries Act (NMSA), also known as Title III of the 

Marine Protection, Research, and Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq. ). 

Adverse effect means any factor, force, or action that independently or cumulatively damages, 

diminishes, degrades, impairs, destroys, or otherwise harms any Sanctuary resource, as defined in 

section 302(8) of the NMSA (16 U.S.C. 1432(8)) and in this section, or any of the qualities, values, or 

purposes for which the Sanctuary is designated. 

Airboat means a vessel operated by means of a motor driven propeller that pushes air for momentum. 

Areas To Be Avoided means the areas in which vessel operations are prohibited pursuant to section 6

(a)(1) of the FKNMSPA (see §922.164(a)). Appendix VII to this subpart sets forth the geographic 

coordinates of these areas, including any modifications thereto made in accordance with section 6(a)(3) 

of the FKNMSPA. 

Closed means all entry or use is prohibited. 

Coral means but is not limited to the corals of the Class Hydrozoa (stinging and hydrocorals); Class 

Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals); Class Anthozoa, Subclass 

Ceriantipatharia, Order Antipatharia (black corals); and Class Anthozoa, Subclass Ocotocorallia, Order 

Gorgonacea, species Gorgonia ventalina and Gorgonia flabellum (sea fans). 

Coral area means marine habitat where coral growth abounds including patch reefs, outer bank reefs, 

deepwater banks, and hardbottoms. 

Coral reefs means the hard bottoms, deep-water banks, patch reefs, and outer bank reefs. 

Ecological Reserve means an area of the Sanctuary consisting of contiguous, diverse habitats, within 

which uses are subject to conditions, restrictions and prohibitions, including access restrictions, intended 

to minimize human influences, to provide natural spawning, nursery, and permanent residence areas for 

the replenishment and genetic protection of marine life, and also to protect and preserve natural 

assemblages of habitats and species within areas representing a broad diversity of resources and 

habitats found within the Sanctuary. Appendix IV to this subpart sets forth the geographic coordinates of 

these areas. 

Existing Management Area means an area of the Sanctuary that is within or is a resource management 

area established by NOAA or by another Federal authority of competent jurisdiction as of the effective 

date of these regulations where protections above and beyond those provided by Sanctuary-wide 

prohibitions and restrictions are needed to adequately protect resources. Appendix II to this subpart sets 

forth the geographic coordinates of these areas. 

Exotic species means a species of plant, invertebrate, fish, amphibian, reptile or mammal whose natural 

zoogeographic range would not have included the waters of the Atlantic Ocean, Caribbean, or Gulf of 

Mexico without passive or active introduction to such area through anthropogenic means. 

Fish means finfish, mollusks, crustaceans, and all forms of marine animal and plant life other than 

marine mammals and birds. 

Fishing means: 

(1) The catching, taking, or harvesting of fish; the attempted catching, taking, or harvesting of fish; any 

other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or 

any operation at sea in support of, or in preparation for, any activity described in this subparagraph (1). 

(2) Such term does not include any scientific research activity which is conducted by a scientific 

research vessel. 

Hardbottom means a submerged marine community comprised of organisms attached to exposed solid 

rock substrate. Hardbottom is the substrate to which corals may attach but does not include the corals 

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themselves. 

Idle speed only/no-wake means a speed at which a boat is operated that is no greater than 4 knots or 

does not produce a wake. 

Idle speed only/no-wake zone means a portion of the Sanctuary where the speed at which a boat is 

operated may be no greater than 4 knots or may not produce a wake. 

Length overall (LOA) or length means, as used in §922.167 with respect to a vessel, the horizontal 

distance, rounded to the nearest foot (with 0.5 ft and above rounded upward), between the foremost part 

of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, 

and similar fittings or attachments. 

Live rock means any living marine organism or an assemblage thereof attached to a hard substrate, 

including dead coral or rock but not individual mollusk shells (e.g., scallops, clams, oysters). Living 

marine organisms associated with hard bottoms, banks, reefs, and live rock may include, but are not 

limited to: sea anemones (Phylum Cnidaria: Class Anthozoa: Order Actinaria); sponges (Phylum 

Porifera); tube worms (Phylum Annelida), including fan worms, feather duster worms, and Christmas 

tree worms; bryozoans (Phylum Bryzoa); sea squirts (Phylum Chordata); and marine algae, including 

Mermaid's fan and cups (Udotea spp.), corraline algae, green feather, green grape algae (Caulerpa 

spp.) and watercress (Halimeda spp.). 

Marine life species means any species of fish, invertebrate, or plant included in sections (2), (3), or (4) of 

Rule 46–42.001, Florida Administrative Code, reprinted in appendix VIII to this subpart. 

Military activity means an activity conducted by the Department of Defense with or without participation 

by foreign forces, other than civil engineering and other civil works projects conducted by the U.S. Army 

Corps of Engineers. 

No-access buffer zone means a portion of the Sanctuary where vessels are prohibited from entering 

regardless of the method of propulsion. 

No motor zone means an area of the Sanctuary where the use of internal combustion motors is 

prohibited. A vessel with an internal combustion motor may access a no motor zone only through the 

use of a push pole, paddle, sail, electric motor or similar means of operation but is prohibited from using 

it's internal combustion motor. 

Not available for immediate use means not readily accessible for immediate use, e.g., by being stowed 

unbaited in a cabin, locker, rod holder, or similar storage area, or by being securely covered and lashed 

to a deck or bulkhead. 

Officially marked channel means a channel marked by Federal, State of Florida, or Monroe County 

officials of competent jurisdiction with navigational aids except for channels marked idle speed only/no 

wake. 

Personal watercraft means any jet or air-powered watercraft operated by standing, sitting, or kneeling on 

or behind the vessel, in contrast to a conventional boat, where the operator stands or sits inside the 

vessel, and that uses an inboard engine to power a water jet pump for propulsion, instead of a propeller 

as in a conventional boat. 

Prop dredging means the use of a vessel's propulsion wash to dredge or otherwise alter the seabed of 

the Sanctuary. Prop dredging includes, but is not limited to, the use of propulsion wash deflectors or 

similar means of dredging or otherwise altering the seabed of the Sanctuary. Prop dredging does not 

include the disturbance to bottom sediments resulting from normal vessel propulsion. 

Prop scarring means the injury to seagrasses or other immobile organisms attached to the seabed of the 

Sanctuary caused by operation of a vessel in a manner that allows its propeller or other running gear, or 

any part thereof, to cause such injury (e.g., cutting seagrass rhizomes). Prop scarring does not include 

minor disturbances to bottom sediments or seagrass blades resulting from normal vessel propulsion. 

Residential shoreline means any man-made or natural: 

(1) Shoreline, 

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(2) Canal mouth, 

(3) Basin, or 

(4) Cove adjacent to any residential land use district, including improved subdivision, suburban 

residential or suburban residential limited, sparsely settled, urban residential, and urban residential 

mobile home under the Monroe County land development regulations. 

Sanctuary means the Florida Keys National Marine Sanctuary. 

Sanctuary Preservation Area means an area of the Sanctuary that encompasses a discrete, biologically 

important area, within which uses are subject to conditions, restrictions and prohibitions, including 

access restrictions, to avoid concentrations of uses that could result in significant declines in species 

populations or habitat, to reduce conflicts between uses, to protect areas that are critical for sustaining 

important marine species or habitats, or to provide opportunities for scientific research. Appendix V to 

this subpart sets forth the geographic coordinates of these areas. 

Sanctuary wildlife means any species of fauna, including avifauna, that occupy or utilize the submerged 

resources of the Sanctuary as nursery areas, feeding grounds, nesting sites, shelter, or other habitat 

during any portion of their life cycles. 

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: Thalassia testudinum (turtle 

grass); Syringodium filiforme (manatee grass); Halodule wrightii (shoal grass); Halophila decipiens, H. 

engelmannii, H. johnsonii; and Ruppia maritima. 

Special-use Area means an area of the Sanctuary set aside for scientific research and educational 

purposes, recovery or restoration of Sanctuary resources, monitoring, to prevent use or user conflicts, to 

facilitate access and use, or to promote public use and understanding of Sanctuary resources. Appendix 

VI to this subpart sets forth the geographic coordinates of these areas. 

Stem means the foremost part of a vessel, consisting of a section of timber or fiberglass, or cast, forged, 

or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united to 

the keel, and with the bowsprit, if one is present, resting on the upper end. 

Stern means the aftermost part of the vessel. 

Tank vessel means any vessel that is constructed or adapted to carry, or that carries, oil or hazardous 

material in bulk as cargo or cargo residue, and that— 

(1) Is a United States flag vessel; 

(2) Operates on the navigable waters of the United States; or 

(3) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States 

[46 U.S.C. 2101]. 

Traditional fishing means those commercial or recreational fishing activities that were customarily 

conducted within the Sanctuary prior to its designation as identified in the Environmental Impact 

Statement and Management Plan for this Sanctuary. 

Tropical fish means any species included in section (2) of Rule 46–42.001, Florida Administrative Code, 

reproduced in appendix VIII to this subpart, or any part thereof. 

Vessel means a watercraft of any description, including, but not limited to, motorized and non-motorized 

watercraft, personal watercraft, airboats, and float planes while maneuvering on the water, capable of 

being used as a means of transportation in/on the waters of the Sanctuary. For purposes of this part, the 

terms “vessel,” “watercraft,” and “boat” have the same meaning. 

Wildlife Management Area means an area of the Sanctuary established for the management, protection, 

and preservation of Sanctuary wildlife resources, including such an area established for the protection 

and preservation of endangered or threatened species or their habitats, within which access is restricted 

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to minimize disturbances to Sanctuary wildlife; to ensure protection and preservation consistent with the 

Sanctuary designation and other applicable law governing the protection and preservation of wildlife 

resources in the Sanctuary. Appendix III to this subpart lists these areas and their access restrictions. 

(b) Other terms appearing in the regulations in this part are defined at 15 CFR 922.3, and/or in the 

Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 

16 U.S.C. 1431 et seq. 

[62 FR 32161, June 12, 1997, as amended at 66 FR 4369, Jan. 17, 2001; 74 FR 38094, July 31, 2009] 

§ 922.163 Prohibited activities—Sanctuary-wide. 

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(a) Except as specified in paragraph (b) through (e) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1) Mineral and hydrocarbon exploration, development and production. Exploring for, developing, or 

producing minerals or hydrocarbons within the Sanctuary. 

(2) Removal of, injury to, or possession of coral or live rock. (i) Moving, removing, taking, harvesting, 

damaging, disturbing, touching, breaking, cutting, or otherwise injuring, or possessing (regardless of 

where taken from) any living or dead coral, or coral formation, or attempting any of these activities, 

except as permitted under 50 CFR part 622. 

(ii) Harvesting, or attempting to harvest, any live rock from the Sanctuary, or possessing (regardless of 

where taken from) any live rock within the Sanctuary, except as authorized by a permit for the 

possession or harvest from aquaculture operations in the Exclusive Economic Zone, issued by the 

National Marine Fisheries Service pursuant to applicable regulations under the appropriate Fishery 

Management Plan, or as authorized by the applicable State authority of competent jurisdiction within the 

Sanctuary for live rock cultured on State submerged lands leased from the State of Florida, pursuant to 

applicable State law. See §370.027, Florida Statutes and implementing regulations. 

(3) Alteration of, or construction on, the seabed. Drilling into, dredging, or otherwise altering the seabed 

of the Sanctuary, or engaging in prop-dredging; or constructing, placing or abandoning any structure, 

material, or other matter on the seabed of the Sanctuary, except as an incidental result of: 

(i) Anchoring vessels in a manner not otherwise prohibited by this part (see §§922.163(a)(5)(ii) and 

922.164(d)(1)(v)); 

(ii) Traditional fishing activities not otherwise prohibited by this part; 

(iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any 

Federal, State, or local authority of competent jurisdiction; 

(iv) Harbor maintenance in areas necessarily associated with Federal water resource development 

projects in existence on July 1, 1997, including maintenance dredging of entrance channels and repair, 

replacement, or rehabilitation of breakwaters or jetties; 

(v) Construction, repair, replacement, or rehabilitation of docks, seawalls, breakwaters, piers, or marinas 

with less than ten slips authorized by any valid lease, permit, license, approval, or other authorization 

issued by any Federal, State, or local authority of competent jurisdiction. 

(4) Discharge or deposit of materials or other matter. (i) Discharging or depositing, from within the 

boundary of the Sanctuary, any material or other matter, except: 

(A) Fish, fish parts, chumming materials, or bait used or produced incidental to and while conducting a 

traditional fishing activity in the Sanctuary; 

(B) Water generated by routine vessel operations (e.g., deck wash down and graywater as defined in 

section 312 of the FWPCA), excluding oily wastes from bilge pumping; or 

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(C) Cooling water from vessels or engine exhaust; 

(ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter 

that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except: 

(A) Those listed in paragraph (a)(4)(i)(A) through (a)(4)(i)(C) of this section; 

(B) Sewage incidental to vessel use and generated by a marine sanitation device approved in 

accordance with section 312 of the Federal Water Pollution Control Act (FWPCA), as amended, 33 

U.S.C. 1322 et seq.; 

(C) Those authorized under Monroe County land use permits; or 

(D) Those authorized under State permits. 

(5) Operation of vessels. (i) Operating a vessel in such a manner as to strike or otherwise injure coral, 

seagrass, or any other immobile organism attached to the seabed, including, but not limited to, operating 

a vessel in such a manner as to cause prop-scarring. 

(ii) Having a vessel anchored on living coral other than hardbottom in water depths less than 40 feet 

when visibility is such that the seabed can be seen. 

(iii) Except in officially marked channels, operating a vessel at a speed greater than 4 knots or in manner 

which creates a wake: 

(A) Within an area designated idle speed only/no wake; 

(B) Within 100 yards of navigational aids indicating emergent or shallow reefs (international diamond 

warning symbol); 

(C) Within 100 yards of the red and white “divers down” flag (or the blue and white “alpha” flag in Federal 

waters); 

(D) Within 100 yards of residential shorelines; or 

(E) Within 100 yards of stationary vessels. 

(iv) Operating a vessel in such a manner as to injure or take wading, roosting, or nesting birds or marine 

mammals. 

(v) Operating a vessel in a manner which endangers life, limb, marine resources, or property. 

(vi) Having a marine sanitation device that is not secured in a manner that prevents discharges or 

deposits of treated and untreated sewage. Acceptable methods include, but are not limited to, all 

methods that have been approved by the U.S. Coast Guard (at 33 CFR 159.7(b) and (c)). 

(6) Conduct of diving/snorkeling without flag. Diving or snorkeling without flying in a conspicuous manner 

the red and white “divers down” flag (or the blue and white “alpha” flag in Federal waters). 

(7) Release of exotic species. Introducing or releasing an exotic species of plant, invertebrate, fish, 

amphibian, or mammals into the Sanctuary. 

(8) Damage or removal of markers. Marking, defacing, or damaging in any way or displacing, removing, 

or tampering with any official signs, notices, or placards, whether temporary or permanent, or with any 

navigational aids, monuments, stakes, posts, mooring buoys, boundary buoys, trap buoys, or scientific 

equipment. 

(9) Movement of, removal of, injury to, or possession of Sanctuary historical resources. Moving, 

removing, injuring, or possessing, or attempting to move, remove, injure, or possess, a Sanctuary 

historical resource. 

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(10) Take or possession of protected wildlife. Taking any marine mammal, sea turtle, or seabird in or 

above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, 

(MMPA), 16 U.S.C. 1361 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. 

(11) Possession or use of explosives or electrical charges. Possessing, or using explosives, except 

powerheads, or releasing electrical charges within the Sanctuary. 

(12) Harvest or possession of marine life species. Harvesting, possessing, or landing any marine life 

species, or part thereof, within the Sanctuary, except in accordance with rules 68B–42 of the Florida 

Administrative Code, and such rules shall apply mutatis mutandis (with necessary editorial changes) to 

all Federal and State waters within the Sanctuary. 

(13) Interference with law enforcement. Interfering with, obstructing, delaying or preventing an 

investigation, search, seizure, or disposition of seized property in connection with enforcement of the 

Acts or any regulation or permit issued under the Acts. 

(b) Notwithstanding the prohibitions in this section and in §922.164, and any access and use restrictions 

imposed pursuant thereto, a person may conduct an activity specifically authorized by, and conducted in 

accordance with the scope, purpose, terms, and conditions of, a National Marine Sanctuary permit 

issued pursuant to §922.166. 

(c) Notwithstanding the prohibitions in this section and in §922.164, and any access and use restrictions 

imposed pursuant thereto, a person may conduct an activity specifically authorized by any valid Federal, 

State, or local lease, permit, license, approval, or other authorization issued after the effective date of 

these regulations, provided that the applicant complies with §922.49, the Director notifies the applicant 

and authorizing agency that he or she does not object to issuance of the authorization, and the applicant 

complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary 

resources and qualities. Amendments, renewals and extensions of authorizations in existence on the 

effective date of these regulations constitute authorizations issued after the effective date of these 

regulations. 

(d)(1) All military activities shall be carried out in a manner that avoids to the maximum extent practical 

any adverse impacts on Sanctuary resources and qualities. The prohibitions in paragraph (a) of this 

section and §922.164 do not apply to existing classes of military activities which were conducted prior to 

the effective date of these regulations, as identified in the Environmental Impact Statement and 

Management Plan for the Sanctuary. New military activities in the Sanctuary are allowed and may be 

exempted from the prohibitions in paragraph (a) of this section and in §922.164 by the Director after 

consultation between the Director and the Department of Defense pursuant to section 304(d) of the 

NMSA. When a military activity is modified such that it is likely to destroy, cause the loss of, or injure a 

Sanctuary resource or quality in a manner significantly greater than was considered in a previous 

consultation under section 304(d) of the NMSA, or it is likely to destroy, cause the loss of, or injure a 

Sanctuary resource or quality not previously considered in a previous consultation under section 304(d) 

of the NMSA, the activity is considered a new activity for purposes of this paragraph. If it is determined 

that an activity may be carried out, such activity shall be carried out in a manner that avoids to the 

maximum extent practical any adverse impact on Sanctuary resources and qualities. 

(2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality 

resulting from an untoward incident, including but not limited to spills and groundings caused by the 

Department of Defense, the cognizant component shall promptly coordinate with the Director for the 

purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore 

or replace the Sanctuary resource or quality. 

(e) The following prohibitions do not apply to Federal, State and local officers while performing 

enforcement duties in their official capacities or responding to emergencies that threaten life, property, or 

the environment: 

(1) Those contained in paragraph (a)(4) of this section only as it pertains to discharges of sewage 

incidental to vessel use and generated by a marine sanitation device approved in accordance with 

section 312 of the Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1322 et seq.; 

and 

(2) Those contained in paragraph (a)(5) of this section. 

(f) Notwithstanding paragraph (b) of this section and paragraph (a) of §922.168, in no event may the 

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Director issue a permit under §922.166 authorizing, or otherwise approve, the exploration for, leasing, 

development, or production of minerals or hydrocarbons within the Sanctuary, the disposal of dredged 

material within the Sanctuary other than in connection with beach renourishment or Sanctuary 

restoration projects, or the discharge of untreated or primary treated sewage (except by a certification, 

pursuant to §922.167, of a valid authorization in existence on the effective date of these regulations), 

and any purported authorizations issued by other authorities after the effective date of these regulations 

for any of these activities within the Sanctuary shall be invalid. 

(g) Any amendment to these regulations shall not take effect in Florida State waters until approved by 

the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Any fishery 

regulations in the Sanctuary shall not take effect in Florida State waters until established by the Florida 

Marine Fisheries Commission. 

[62 FR 32161, June 12, 1997, as amended at 74 FR 38094, July 31, 2009; 75 FR 72659, Nov. 26, 2010] 

§ 922.164 Additional activity regulations by Sanctuary area. 

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In addition to the prohibitions set forth in §922.163, which apply throughout the Sanctuary, the following 

regulations apply with respect to activities conducted within the Sanctuary areas described in this 

section and in Appendix (II) through (VII) to this subpart. Activities located within two or more 

overlapping Sanctuary areas are concurrently subject to the regulations applicable to each overlapping 

area. 

(a) Areas to be avoided. Operating a tank vessel or a vessel greater than 50 meters in registered length 

is prohibited in all areas to be avoided, except if such vessel is a public vessel and its operation is 

essential for national defense, law enforcement, or responses to emergencies that threaten life, 

property, or the environment. Appendix VII to this subpart sets forth the geographic coordinates of these 

areas. 

(b) Existing management areas —(1) Key Largo and Looe Key Management Areas. The following 

activities are prohibited within the Key Largo and Looe Key Management Areas (also known as the Key 

Largo and Looe Key National Marine Sanctuaries) described in appendix II to this subpart: 

(i) Removing, taking, damaging, harmfully disturbing, breaking, cutting, spearing or similarly injuring any 

coral or other marine invertebrate, or any plant, soil, rock, or other material, except commercial taking of 

spiny lobster and stone crab by trap and recreational taking of spiny lobster by hand or by hand gear 

which is consistent with these regulations and the applicable regulations implementing the applicable 

Fishery Management Plan. 

(ii) Taking any tropical fish. 

(iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or anchored 

bottom fishing gear or nets. 

(iv) Fishing with, carrying or possessing, except while passing through without interruption or for law 

enforcement purposes: pole spears, air rifles, bows and arrows, slings, Hawaiian slings, rubber powered 

arbaletes, pneumatic and spring-loaded guns or similar devices known as spearguns. 

(2) Great White Heron and Key West National Wildlife Refuge Management Areas. Operating a personal 

watercraft, operating an airboat, or water skiing except within Township 66 South, Range 29 East, 

Sections 5, 11, 12 and 14; Township 66 South, Range 28 East, Section 2; Township 67 South, Range 

26 East, Sections 16 and 20, all Tallahassee Meridian, are prohibited within the marine portions of the 

Great White Heron and Key West National Wildlife Refuge Management Areas described in appendix II 

to this subpart. 

(c) Wildlife management areas. (1) Marine portions of the Wildlife Management Areas listed in appendix 

III to this subpart or portions thereof may be designated “idle speed only/no-wake,” “no-motor” or “noaccess buffer” zones or “closed”. The Director, in cooperation with other Federal, State, or local resource 

management authorities, as appropriate, shall post signs conspicuously, using mounting posts, buoys, 

or other means according to location and purpose, at appropriate intervals and locations, clearly 

delineating an area as an “idle speed only/no wake”, a “no-motor”, or a “no-access buffer” zone or as 

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“closed”, and allowing instant, long-range recognition by boaters. Such signs shall display the official 

logo of the Sanctuary. 

(2) The following activities are prohibited within the marine portions of the Wildlife Management Areas 

listed in appendix III to this subpart: 

(i) In those marine portions of any Wildlife Management Area designated an “idle speed only/no wake” 

zone in appendix III to this subpart, operating a vessel at a speed greater that idle speed only/no wake. 

(ii) In those marine portions of any Wildlife Management Area designated a “no-motor” zone in appendix 

III to this subpart, using internal combustion motors or engines for any purposes. A vessel with an 

internal combustion motor or engine may access a “no-motor” zone only through the use of a push pole, 

paddle, sail, electric motor or similar means of propulsion. 

(iii) In those marine portions of any Wildlife Management Area designated a “no-access buffer” zone in 

appendix III of this subpart, entering the area by vessel. 

(iv) In those marine portions of any Wildlife Management Area designated as closed in appendix III of 

this subpart, entering or using the area. 

(3) The Director shall coordinate with other Federal, State, or local resource management authorities, as 

appropriate, in the establishment and enforcement of access restrictions described in paragraph (c)(2) 

(i)–(iv) of this section in the marine portions of Wildlife Management Areas. 

(4) The Director may modify the number and location of access restrictions described in paragraph (c)(2) 

(i)–(iv) of this section within the marine portions of a Wildlife Management Area if the Director finds that 

such action is reasonably necessary to minimize disturbances to Sanctuary wildlife, or to ensure 

protection and preservation of Sanctuary wildlife consistent with the purposes of the Sanctuary 

designation and other applicable law governing the protection and preservation of wildlife resources in 

the Sanctuary. The Director will effect such modification by: 

(i) Publishing in theFederal Register,after notice and an opportunity for public comments in accordance, 

an amendment to the list of such areas set forth in appendix III to this subpart, and a notice regarding 

the time and place where maps depicting the precise locations of such restrictions will be made available 

for public inspection, and 

(ii) Posting official signs delineating such restrictions in accordance with paragraph (c)(1) of this section. 

(d) Ecological Reserves, Sanctuary Preservation Areas, and Special Use (Research only) Areas. (1) The 

following activities are prohibited within the Ecological Reserves described in appendix IV to this 

subpart, within the Sanctuary Preservation Areas described in appendix V to this subpart, and within the 

Special Use (Research only Areas) described in appendix VI to this subpart: 

(i) Discharging or depositing any material or other matter except cooling water or engine exhaust. 

(ii) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, 

or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other 

living or dead organism, including shells, or attempting any of these activities. However, fish, 

invertebrates, and marine plants may be possessed aboard a vessel in an Ecological Reserve or 

Sanctuary Preservation Area, provided such resources can be shown not to have been harvested within, 

removed from, or taken within, the Ecological Reserve or Sanctuary Preservation Area, as applicable, by 

being stowed in a cabin, locker, or similar storage area prior to entering and during transit through such 

reserves or areas, provided further that in an Ecological Reserve or Sanctuary Preservation Area 

located in Florida State waters, such vessel is in continuous transit through the Ecological Reserve or 

Sanctuary Preservation Area. 

(iii) Except for catch and release fishing by trolling in the Conch Reef, Alligator Reef, Sombrero Reef, 

and Sand Key SPAs, fishing by any means. However, gear capable of harvesting fish may be aboard a 

vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such gear is not available for 

immediate use when entering and during transit through such Ecological Reserve or Sanctuary 

Preservation Area, and no presumption of fishing activity shall be drawn therefrom. 

(iv) Touching living or dead coral, including but not limited to, standing on a living or dead coral 

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formation. 

(v) Anchoring in the Tortugas Ecological Reserve. In all other Ecological Reserves and Sanctuary 

Preservation Areas, placing any anchor in a way that allows the anchor or any portion of the anchor 

apparatus (including the anchor, chain or rope) to touch living or dead coral, or any attached living 

organism. When anchoring dive boats, the first diver down must inspect the anchor to ensure that it is 

not touching living or dead coral, and will not shift in such a way as to touch such coral or other attached 

organism. No further diving shall take place until the anchor is placed in accordance with these 

requirements. 

(vi) Except in the Tortugas Ecological Reserve where mooring buoys must be used, anchoring instead of 

mooring when a mooring buoy is available or anchoring in other than a designated anchoring area when 

such areas have been designated and are available. 

(vii) Except for passage without interruption through the area, for law enforcement purposes, or for 

purposes of monitoring pursuant to paragraph (d)(2) of this section, violating a temporary access 

restriction imposed by the Director pursuant to paragraph (d)(2) of this section. 

(viii) Except for passage without interruption through the area, for law enforcement purposes, or for 

purposes of monitoring pursuant to paragraph (d)(2) of this section: entering the Tortugas South area of 

the Tortugas Ecological Reserve; or entering the Tortugas North area of the Tortugas Ecological 

Reserve without a valid access permit issued pursuant to §922.167 or entering or leaving the Tortugas 

North area with a valid access permit issued pursuant to §922.167 without notifying FKNMS staff at the 

Dry Tortugas National Park office by telephone or radio no less than 30 minutes and no more than 6 

hours, before entering and upon leaving the Tortugas Ecological Reserve. 

(ix) Tying a vessel greater than 100 feet (30.48 meters) LOA, or tying more than one vessel (other than 

vessels carried on board a vessel) if the combined lengths would exceed 100 feet (30.48 meters) LOA, 

to a mooring buoy or to a vessel tied to a mooring buoy in the Tortugas Ecological Reserve. 

(2) The Director may temporarily restrict access to any portion of any Sanctuary Preservation Area or 

Ecological Reserve if the Director, on the basis of the best available data, information and studies, 

determines that a concentration of use appears to be causing or contributing to significant degradation 

of the living resources of the area and that such action is reasonably necessary to allow for recovery of 

the living resources of such area. The Director will provide for continuous monitoring of the area during 

the pendency of the restriction. The Director will provide public notice of the restriction by publishing a 

notice in theFederal Register,and by such other means as the Director may deem appropriate. The 

Director may only restrict access to an area for a period of 60 days, with one additional 60 day renewal. 

The Director may restrict access to an area for a longer period pursuant to a notice and opportunity for 

public comment rulemaking under the Administrative Procedure Act. Such restriction will be kept to the 

minimum amount of area necessary to achieve the purposes thereof. 

(e) Special-use Areas. (1) The Director may set aside discrete areas of the Sanctuary as Special-use 

Areas, and, by designation pursuant to this paragraph, impose the access and use restrictions specified 

in paragraph (e)(3) of this section. Special-use Areas are described in appendix VI to this subpart, in 

accordance with the following designations and corresponding objectives: 

(i) “Recovery area” to provide for the recovery of Sanctuary resources from degradation or other injury 

attributable to human uses; 

(ii) “Restoration area” to provide for restoration of degraded or otherwise injured Sanctuary resources; 

(iii) “Research-only area” to provide for scientific research or education relating to protection and 

management, through the issuance of a Sanctuary General permit for research pursuant to §922.166 of 

these regulations; and 

(iv) “Facilitated-use area” to provide for the prevention of use or user conflicts or the facilitation of access 

and use, or to promote public use and understanding, of Sanctuary resources through the issuance of 

special-use permits. 

(2) A Special-use Area shall be no larger than the size the Director deems reasonably necessary to 

accomplish the applicable objective. 

(3) Persons conducting activities within any Special-use Area shall comply with the access and use 

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restrictions specified in this paragraph and made applicable to such area by means of its designation as 

a “recovery area,” “restoration area,” “research-only area,” or “facilitated-use area.” Except for passage 

without interruption through the area or for law enforcement purposes, no person may enter a Specialuse Area except to conduct or cause to be conducted the following activities: 

(i) In such area designated as a “recovery area” or a “restoration area”, habitat manipulation related to 

restoration of degraded or otherwise injured Sanctuary resources, or activities reasonably necessary to 

monitor recovery of degraded or otherwise injured Sanctuary resources; 

(ii) In such area designated as a “research only area”, scientific research or educational use specifically 

authorized by and conducted in accordance with the scope, purpose, terms and conditions of a valid 

National Marine Sanctuary General or Historical Resources permit, or 

(iii) In such area designated as a “facilitated-use area”, activities specified by the Director or specifically 

authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a valid 

Special-use permit. 

(4)(i) The Director may modify the number of, location of, or designations applicable to, Special-use 

Areas by publishing in theFederal Register,after notice and an opportunity for public comment in 

accordance with the Administrative Procedure Act, an amendment to appendix VI to this subpart, except 

that, with respect to such areas designated as a “recovery area,” “restoration area,” or “research only 

area,” the Director may modify the number of, location of, or designation applicable to, such areas by 

publishing a notice of such action in the Federal Register if the Director determines that immediate 

action is reasonably necessary to: 

(A) Prevent significant injury to Sanctuary resources where circumstances create an imminent risk to 

such resources; 

(B) Initiate restoration activity where a delay in time would significantly impair the ability of such 

restoration activity to succeed; 

(C) Initiate research activity where an unforeseen natural event produces an opportunity for scientific 

research that may be lost if research is not initiated immediately. 

(ii) If the Director determines that a notice of modification must be promulgated immediately in 

accordance with paragraph (e)(4)(i) of this section, the Director will, as part of the same notice, invite 

public comment and specify that comments will be received for 15 days after the effective date of the 

notice. As soon as practicable after the end of the comment period, the Director will either rescind, 

modify or allow the modification to remain unchanged through notice in the Federal Register . 

(5) In addition to paragraph (e)(3) of this section no person shall conduct activities listed in paragraph (d) 

of this section in “Research-only Areas.” 

(f) Additional Wildlife Management Areas, Ecological Reserves, Sanctuary Preservation Areas, or 

Special-use Areas, and additional restrictions in such areas, shall not take effect in Florida State waters 

unless first approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of 

Florida. 

(g) Anchoring on Tortugas Bank. Vessels 50 meters or greater in registered length, are prohibited from 

anchoring on the portion of Tortugas Bank within the Florida Keys National Marine Sanctuary west of the 

Dry Tortugas National Park that is outside of the Tortugas Ecological Reserve. The boundary of the area 

closed to anchoring by vessels 50 meters or greater in registered length is formed by connecting in 

succession the points at the following coordinates (based on the North American Datum of 1983): 

(1) 24 deg. 32.00' N 83 deg. 00.05' W 

(2) 24 deg. 37.00' N 83 deg. 06.00' W 

(3) 24 deg. 39.00' N 83 deg. 06.00' W 

(4) 24 deg. 39.00' N 83 deg. 00.05' W 

(5) 24 deg. 32.00' N 83 deg. 00.05' W 

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[62 FR 32161, June 12, 1997, as amended at 63 FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, 2001; 

74 FR 38095, July 31, 2009] 

§ 922.165 Emergency regulations. 

 top

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 are subject 

to immediate temporary regulation, including prohibition. Emergency regulations shall not take effect in 

Florida territorial waters until approved by the Governor of the State of Florida. Any temporary regulation 

may be in effect for up to 60 days, with one 60-day extension. Additional or extended action will require 

notice and comment rulemaking under the Administrative Procedure Act, notice in local newspapers, 

notice to Mariners, and press releases. 

§ 922.166 Permits other than for access to the Tortugas Ecological Reserve—

application procedures and issuance criteria. 

 top

(a) National Marine Sanctuary General Permit. (1) A person may conduct an activity prohibited by 

§§922.163 or 922.164, other than an activity involving the survey/inventory, research/recovery, or 

deaccession/transfer of Sanctuary historical resources, if such activity is specifically authorized by, and 

provided such activity is conducted in accordance with the scope, purpose, terms and conditions of, a 

National Marine Sanctuary General permit issued under this paragraph (a). 

(2) The Director, at his or her discretion, may issue a General permit under this paragraph (a), subject to 

such terms and conditions as he or she deems appropriate, if the Director finds that the activity will: 

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

(ii) Further the educational value of the Sanctuary; 

(iii) Further the natural or historical resource value of the Sanctuary; 

(iv) Further salvage or recovery operations in or near the Sanctuary in connection with a recent air or 

marine casualty; 

(v) Assist in managing the Sanctuary; or 

(vi) Otherwise further Sanctuary purposes, including facilitating multiple use of the Sanctuary, to the 

extent compatible with the primary objective of resource protection. 

(3) The Director shall not issue a General permit under this paragraph (a), unless the Director also finds 

that: 

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

(ii) The applicant has adequate financial resources available to conduct and complete the proposed 

activity; 

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

(iv) The methods and procedures proposed by the applicant are appropriate to achieve the proposed 

activity's goals in relation to the activity's impacts on Sanctuary resources and qualities; 

(v) 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 indirect, secondary or 

cumulative effects of the activity, and the duration of such effects; 

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(vi) It is necessary to conduct the proposed activity within the Sanctuary to achieve its purposes; and 

(vii) The reasonably expected end value of the activity to the furtherance of Sanctuary goals and 

purposes outweighs any potential adverse impacts on Sanctuary resources and qualities from the 

conduct of the activity. 

(4) For activities proposed to be conducted within any of the areas described in §922.164 (b)–(e), the 

Director shall not issue a permit unless he or she further finds that such activities will further and are 

consistent with the purposes for which such area was established, as described in §§922.162 and 

922.164 and in the management plan for the Sanctuary. 

(b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit. (1) A person may 

conduct an activity prohibited by §§922.163 or 922.164 involving the survey/inventory of Sanctuary 

historical resources if such activity is specifically authorized by, and is conducted in accordance with the 

scope, purpose, terms and conditions of, a Survey/Inventory of Historical Resources permit issued under 

this paragraph (b). Such permit is not required if such survey/inventory activity does not involve any 

activity prohibited by §§922.163 or 922.164. Thus, survey/inventory activities that are non-intrusive, do 

not include any excavation, removal, or recovery of historical resources, and do not result in destruction 

of, loss of, or injury to Sanctuary resources or qualities do not require a permit. However, if a 

survey/inventory activity will involve test excavations or removal of artifacts or materials for evaluative 

purposes, a Survey/Inventory of Historical Resources permit is required. Regardless of whether a 

Survey/Inventory permit is required, a person may request such permit. Persons who have 

demonstrated their professional abilities under a Survey/Inventory permit will be given preference over 

other persons in consideration of the issuance of a Research/Recovery permit. While a Survey/Inventory 

permit does not grant any rights with regards to areas subject to pre-existing rights of access which are 

still valid, once a permit is issued for an area, other survey/inventory permits will not be issued for the 

same area during the period for which the permit is valid. 

(2) The Director, at his or her discretion, may issue a Survey/Inventory permit under this paragraph (b), 

subject to such terms and conditions as he or she deems appropriate, if the Director finds that such 

activity: 

(i) Satisfies the requirements for a permit issued under paragraph (a)(3) of this section; 

(ii) Either will be non-intrusive, not include any excavation, removal, or recovery of historical resources, 

and not result in destruction of, loss of, or injury to Sanctuary resources or qualities, or if intrusive, will 

involve no more than the minimum manual alteration of the seabed and/or the removal of artifacts or 

other material necessary for evaluative purposes and will cause no significant adverse impacts on 

Sanctuary resources or qualities; and 

(iii) That such activity will be conducted in accordance with all requirements of the Programmatic 

Agreement for the Management of Submerged Cultural Resources in the Florida Keys National Marine 

Sanctuary among NOAA, the Advisory Council on Historic Preservation, and the State of Florida 

(hereinafter SCR Agreement), and that such permit issuance is in accordance with such SCR 

Agreement. Copies of the SCR Agreement may also be examined at, and obtained from, the 

Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National 

Ocean Service, National Oceanic and Atmospheric Administration, 1305 East-West Highway, 12th floor, 

Silver Spring, MD 20910; or from the Florida Keys National Marine Sanctuary Office, P.O. Box 500368, 

Marathon, FL 33050. 

(c) National Marine Sanctuary Research/Recovery of Sanctuary Historical Resources Permit. (1) A 

person may conduct any activity prohibited by §§922.163 or 922.164 involving the research/recovery of 

Sanctuary historical resources if such activity is specifically authorized by, and is conducted in 

accordance with the scope, purpose, terms and conditions of, a Research/Recovery of Historical 

Resources permit issued under this paragraph (c). 

(2) The Director, at his or her discretion, may issue a Research/Recovery of Historical Resources permit, 

under this paragraph (c), and subject to such terms and conditions as he or she deems appropriate, if 

the Director finds that: 

(i) Such activity satisfies the requirements for a permit issued under paragraph (a)(3) of this section; 

(ii) The recovery of the resource is in the public interest as described in the SCR Agreement; 

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(iii) Recovery of the resource is part of research to preserve historic information for public use; and 

(iv) Recovery of the resource is necessary or appropriate to protect the resource, preserve historical 

information, and/or further the policies and purposes of the NMSA and the FKNMSPA, and that such 

permit issuance is in accordance with, and that the activity will be conducted in accordance with, all 

requirements of the SCR Agreement. 

(d) National Marine Sanctuary Special-use Permit. (1) A person may conduct any commercial or 

concession-type activity prohibited by §§922.163 or 922.164, if such activity is specifically authorized by, 

and is conducted in accordance with the scope, purpose, terms and conditions of, a Special-use permit 

issued under this paragraph (d). A Special-use permit is required for the deaccession/transfer of 

Sanctuary historical resources. 

(2) The Director, at his or her discretion, may issue a Special-use permit in accordance with this 

paragraph (d), and subject to such terms and conditions as he or she deems appropriate and the 

mandatory terms and conditions of section 310 of the NMSA, if the Director finds that issuance of such 

permit is reasonably necessary to: establish conditions of access to and use of any Sanctuary resource; 

or promote public use and understanding of any Sanctuary resources. No permit may be issued unless 

the activity is compatible with the purposes for which the Sanctuary was designated and can be 

conducted in a manner that does not destroy, cause the loss of, or injure any Sanctuary resource, and if 

for the deaccession/transfer of Sanctuary Historical Resources, unless such permit issuance is in 

accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR 

Agreement. 

(3) The Director may assess and collect fees for the conduct of any activity authorized by a Special-use 

permit issued pursuant to this paragraph (d). No Special-use permit shall be effective until all assessed 

fees are paid, unless otherwise provided by the Director by a fee schedule set forth as a permit 

condition. In assessing a fee, the Director shall include: 

(i) All costs incurred, or expected to be incurred, in reviewing and processing the permit application, 

including, but not limited to, costs for: 

(A) Number of personnel; 

(B) Personnel hours; 

(C) Equipment; 

(D) Biological assessments; 

(E) Copying; and 

(F) Overhead directly related to reviewing and processing the permit application; 

(ii) All costs incurred, or expected to be incurred, as a direct result of the conduct of the activity for which 

the Special-use permit is being issued, including, but not limited to: 

(A) The cost of monitoring the conduct both during the activity and after the activity is completed in order 

to assess the impacts to Sanctuary resources and qualities; 

(B) The use of an official NOAA observer, including travel and expenses and personnel hours; and 

(C) Overhead costs directly related to the permitted activity; and 

(iii) An amount which represents the fair market value of the use of the Sanctuary resource and a 

reasonable return to the United States Government. 

(4) Nothing in this paragraph (d) shall be considered to require a person to obtain a permit under this 

paragraph for the conduct of any fishing activities within the Sanctuary. 

(e) Applications. (1) Applications for permits should be addressed to the Director, Office of Ocean and 

Coastal Resource Management; ATTN: Sanctuary Superintendent, Florida Keys National Marine 

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Sanctuary, P.O. Box 500368, Marathon, FL 33050. All applications must include: 

(i) A detailed description of the proposed activity including a timetable for completion of the activity and 

the equipment, personnel and methodology to be employed; 

(ii) The qualifications and experience of all personnel; 

(iii) The financial resources available to the applicant to conduct and complete the proposed activity; 

(iv) A statement as to why it is necessary to conduct the activity within the Sanctuary; 

(v) The potential impacts of the activity, if any, on Sanctuary resources and qualities; 

(vi) The benefit to be derived from the activity; and 

(vii) Such other information as the Director may request depending on the type of activity. Copies of all 

other required licenses, permits, approvals, or other authorizations must be attached to the application. 

(2) Upon receipt of an application, the Director may request such additional information from the 

applicant as he or she deems reasonably necessary to act on the application and may seek the views of 

any persons. The Director may require a site visit as part of the permit evaluation. Unless otherwise 

specified, the information requested must be received by the Director within 30 days of the postmark 

date of the request. Failure to provide such additional information on a timely basis may be deemed by 

the Director to constitute abandonment or withdrawal of the permit application. 

(f) A permit may be issued for a period not exceeding five years. All permits will be reviewed annually to 

determine the permittee's compliance with permit scope, purpose, terms and conditions and progress 

toward reaching the stated goals and appropriate action taken under paragraph (g) of this section if 

warranted. A permittee may request permit renewal pursuant to the same procedures for applying for a 

new permit. Upon the permittee's request for renewal, the Director shall review all reports submitted by 

the permittee as required by the permit conditions. In order to renew the permit, the Director must find 

that the: 

(1) Activity will continue to further the purposes for which the Sanctuary was designated in accordance 

with the criteria applicable to the initial issuance of the permit; 

(2) Permittee has at no time violated the permit, or these regulations; and 

(3) The activity has not resulted in any unforeseen adverse impacts to Sanctuary resources or qualities. 

(g) The Director may amend, suspend, or revoke a permit for good cause. The Director may deny a 

permit application, in whole or in part, if it is determined that the permittee or applicant has acted in 

violation of a previous permit, of these regulations, of the NMSA or FKNMSPA, or for other good cause. 

Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall 

set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for 

enforcement reasons are set forth in Subpart D of 15 CFR part 904. 

(h) The applicant for or holder of a National Marine Sanctuary permit may appeal the denial, 

conditioning, amendment, suspension or revocation of the permit in accordance with the procedures set 

forth in §922.50. 

(i) A permit issued pursuant to this section other than a Special-use permit is nontransferable. Specialuse permits may be transferred, sold, or assigned with the written approval of the Director. The 

permittee shall provide the Director with written notice of any proposed transfer, sale, or assignment no 

less than 30 days prior to its proposed consummation. Transfers, sales, or assignments consummated 

in violation of this requirement shall be considered a material breach of the Special-use permit, and the 

permit shall be considered void as of the consummation of any such transfer, sale, or assignment. 

(j) The permit or a copy thereof shall be maintained in legible condition on board all vessels or aircraft 

used in the conduct of the permitted activity and be displayed for inspection upon the request of any 

authorized officer. 

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(k) Any permit issued pursuant to this section shall be subject to the following terms and conditions: 

(1) All permitted activities shall be conducted in a manner that does not destroy, cause the loss of, or 

injure Sanctuary resources or qualities, except to the extent that such may be specifically authorized. 

(2) The permittee agrees to hold the United States harmless against any claims arising out of the 

conduct of the permitted activities. 

(3) All necessary Federal, State, and local permits from all agencies with jurisdiction over the proposed 

activities shall be secured before commencing field operations. 

(l) In addition to the terms and conditions listed in paragraph (k) of this section, any permit authorizing 

the research/recovery of historical resources shall be subject to the following terms and conditions: 

(1) A professional archaeologist shall be in charge of planning, field recovery operations, and research 

analysis. 

(2) An agreement with a conservation laboratory shall be in place before field recovery operations are 

begun, and an approved nautical conservator shall be in charge of planning, conducting, and 

supervising the conservation of any artifacts and other materials recovered. 

(3) A curation agreement with a museum or facility for curation, public access and periodic public 

display, and maintenance of the recovered historical resources shall be in place before commencing 

field operations (such agreement for the curation and display of recovered historical resources may 

provide for the release of public artifacts for deaccession/transfer if such deaccession/transfer is 

consistent with preservation, research, education, or other purposes of the designation and 

management of the Sanctuary. Deaccession/transfer of historical resources requires a Special-use 

permit issued pursuant to paragraph (d) and such deaccession/transfer shall be executed in accordance 

with the requirements of the SCR Agreement). 

(4) The site's archaeological information is fully documented, including measured drawings, site maps 

drawn to professional standards, and photographic records. 

(m) In addition to the terms and conditions listed in paragraph (k) and (l) of this section, any permit 

issued pursuant to this section is subject to such other terms and conditions, including conditions 

governing access to, or use of, Sanctuary resources, as the Director deems reasonably necessary or 

appropriate and in furtherance of the purposes for which the Sanctuary is designated. Such terms and 

conditions may include, but are not limited to: 

(1) Any data or information obtained under the permit shall be made available to the public. 

(2) A NOAA official shall be allowed to observe any activity conducted under the permit. 

(3) The permittee shall submit one or more reports on the status, progress, or results of any activity 

authorized by the permit. 

(4) The permittee shall submit an annual report to the Director not later than December 31 of each year 

on activities conducted pursuant to the permit. The report shall describe all activities conducted under 

the permit and all revenues derived from such activities during the year and/or term of the permit. 

(5) The permittee shall purchase and maintain general liability insurance or other acceptable security 

against potential claims for destruction, loss of, or injury to Sanctuary resources arising out of the 

permitted activities. The amount of insurance or security should be commensurate with an estimated 

value of the Sanctuary resources in the permitted area. A copy of the insurance policy or security 

instrument shall be submitted to the Director. 

§ 922.167 Permits for access to the Tortugas Ecological Reserve. 

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(a) A person may enter the Tortugas North area of the Tortugas Ecological Reserve other than for 

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passage without interruption through the reserve, for law enforcement purposes, or for purposes of 

monitoring pursuant to paragraph (d)(2) of §922.164 , if authorized by a valid access permit issued 

pursuant to §922.167. 

(b)(1) Access permits must be requested at least 72 hours but no longer than one month before the date 

the permit is desired to be effective. Access permits do not require written applications or the payment of 

any fee. Permits may be requested via telephone or radio by contacting FKNMS at any of the following 

numbers: 

Key West office: telephone: (305) 292–0311 

Marathon office: telephone: (305) 743–2437 

(2) The following information must be provided, as applicable: 

(i) Vessel name. 

(ii) Name, address, and telephone number of owner and operator. 

(iii) Name, address, and telephone number of applicant. 

(iv) USCG documentation, state license, or registration number. 

(v) Home port. 

(vi) Length of vessel and propulsion type ( i.e., motor or sail). 

(vii) Number of divers. 

(viii) Requested effective date and duration of permit (2 weeks, maximum). 

(c) The Sanctuary Superintendent will issue a permit to the owner or to the owner's representative for 

the vessel when all applicable information has been provided. The Sanctuary Superintendent will 

provide a permit number to the applicant and confirm the effective date and duration period of the 

permit. Written confirmation of permit issuance will be provided upon request. 

[66 FR 4370, Jan. 17, 2001] 

§ 922.168 [Reserved] 

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Appendix I to Subpart P of Part 922—Florida Keys National Marine Sanctuary Boundary 

Coordinates 

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(Appendix Based on North American Datum of 1983) 

(1) The boundary of the Florida Keys National Marine Sanctuary— 

(a) Begins at the northeasternmost point of Biscayne National Park located at approximately 25 degrees 

39 minutes north latitude, 80 degrees 05 minutes west longitude, then runs eastward to the point at 25 

degrees 39 minutes north latitude, 80 degrees 04 minutes west longitude; and 

(b) Then runs southward and connects in succession the points at the following coordinates: 

(i) 25 degrees 34 minutes north latitude, 80 degrees 04 minutes west longitude, 

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(ii) 25 degrees 28 minutes north latitude, 80 degrees 05 minutes west longitude, and 

(iii) 25 degrees 21 minutes north latitude, 80 degrees 07 minutes west longitude; 

(iv) 25 degrees 16 minutes north latitude, 80 degrees 08 minutes west longitude; 

(c) Then runs southwesterly approximating the 300-foot isobath and connects in succession the points at 

the following coordinates: 

(i) 25 degrees 07 minutes north latitude, 80 degrees 13 minutes west longitude, 

(ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes west longitude, 

(iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes west longitude, 

(iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes west longitude, 

(v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes west longitude, 

(vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes west longitude, 

(vii) 24 degrees 37 minutes north latitude, 83 degrees 06 minutes west longitude, 

(viii) 24 degrees 46 minutes north latitude, 83 degrees 06 minutes west longitude, 

(ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes west longitude, 

(x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes west longitude, 

(xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes west longitude, and 

(xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes west longitude; 

(d) Then follows the boundary of Everglades National Park in a southerly then northeasterly direction 

through Florida Bay, Buttonwood Sound, Tarpon Basin, and Blackwater Sound; 

(e) After Division Point, then departs from the boundary of Everglades National Park and follows the 

western shoreline of Manatee Bay, Barnes Sound, and Card Sound; 

(f) then follows the southern boundary of Biscayne National Park to the southeasternmost point of 

Biscayne National Park; and 

(g) then follows the eastern boundary of Biscayne National Park to the beginning point specified in 

paragraph (a). 

(2) The shoreward boundary of the Florida Keys National Marine Sanctuary is the mean high-water mark 

except around the Dry Tortugas where the boundary is coterminous with that of the Dry Tortugas 

National Park, formed by connecting in succession the points at the following coordinates: 

(a) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; 

(b) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 second west longitude; 

(c) 24 degrees 39 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 seconds west longitude; 

(d) 24 degrees 43 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; 

(e) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 52 minutes 0 seconds west longitude; 

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(f) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; 

(g) 24 degrees 42 minutes 0 seconds north latitude, 82 degrees 46 minutes, 0 seconds west longitude; 

(h) 24 degrees 40 minutes 0 seconds north latitude, 82 degrees 46 minutes 0 seconds west longitude; 

(i) 24 degrees 37 minutes 0 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; 

and 

(j) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude. 

(3) The Florida Keys National Marine Sanctuary also includes the area located within the boundary 

formed by connecting in succession the points at the following coordinates: 

(a) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude, 

(b) 24 degrees 33 minutes north latitude, 83 degrees 05 minutes west longitude, and 

(c) 24 degrees 18 minutes north latitude, 83 degrees 05 minutes west longitude; 

(d) 24 degrees 18 minutes north latitude, 83 degrees 09 minutes west longitude; and 

(e) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude. 

[66 FR 4370, Jan. 17, 2001] 

Appendix II to Subpart P of Part 922—Existing Management Areas Boundary 

Coordinates 

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(1) The boundary of each of the Existing Management Areas is formed by connecting in succession the 

points at the following coordinates: 

National Oceanic and Atmospheric Administration 

Key Largo-Management Area 

[Based on differential Global Positioning Systems data] 

Looe Key Management Area 

[Based on differential Global Positioning Systems data] 

Point Latitude Longitude

1 25 deg.19'45" N 80 deg.12'00" W.

2 25 deg.16'02" N 80 deg.08'07" W.

3 25 deg.07'05" N 80 deg.12'05" W.

4 24 deg.58'03" N 80 deg.19'08" W.

5 25 deg.02'02" N 80 deg.25'25" W.

6 25 deg.19'45" N 80 deg.12'00" W.

Point Latitude Longitude

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United States Fish and Wildlife Service 

Great White Heron National Wildlife Refuge 

[Based on the North American Datum of 1983] 

1 24 deg.31'62" N 81 deg.26'00" W.

2 24 deg.33'57" N 81 deg.26'00" W.

3 24 deg.34'15" N 81 deg.23'00" W.

4 24 deg.32'20" N 81 deg.23'00" W.

5 24 deg.31'62" N 81 deg.26'00" W.

Point Latitude Longitude

1 24 deg.43.8' N 81 deg.48.6' W.

2 24 deg.43.8' N 81 deg.37.2' W.

3 24 deg.49.2' N 81 deg.37.2' W.

4 24 deg.49.2' N 81 deg.19.8' W.

5 24 deg.48.0' N 81 deg.19.8' W.

6 24 deg.48.0' N 81 deg.14.4' W.

7 24 deg.49.2' N 81 deg.14.4' W.

8 24 deg.49.2' N 81 deg.08.4' W.

9 24 deg.43.8' N 81 deg.08.4' W.

10 24 deg.43.8' N 81 deg.14.4' W.

11 24 deg.43.2' N 81 deg.14.4' W.

12 24 deg.43.2' N 81 deg.16.2' W.

13 24 deg.42.6' N 81 deg.16.2' W.

14 24 deg.42.6' N 81 deg.21.0' W.

15 24 deg.41.4' N 81 deg.21.0' W.

16 24 deg.41.4' N 81 deg.22.2' W.

17 24 deg.43.2' N 81 deg.22.2' W.

18 24 deg.43.2' N 81 deg.22.8' W.

19 24 deg.43.8' N 81 deg.22.8' W.

20 24 deg.43.8' N 81 deg.24.0' W.

21 24 deg.43.2' N 81 deg.24.0' W.

22 24 deg.43.2' N 81 deg.26.4' W.

23 24 deg.43.8' N 81 deg.26.4' W.

24 24 deg.43.8' N 81 deg.27.0' W.

25 24 deg.43.2' N 81 deg.27.0' W.

26 24 deg.43.2' N 81 deg.29.4' W.

27 24 deg.42.6' N 81 deg.29.4' W.

28 24 deg.42.6' N 81 deg.30.6' W.

29 24 deg.41.4' N 81 deg.30.6' W.

30 24 deg.41.4' N 81 deg.31.2' W.

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Key West National Wildlife Refuge 

[Based on the North American Datum of 1983] 

(2) When differential Global Positioning Systems data becomes available, these coordinates may be 

publication in the Federal Register to reflect the increased accuracy of such data. 

[66 FR 4371, Jan. 17, 2001] 

Appendix III to Subpart P of Part 922—Wildlife Management Areas Access Restrictions 

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31 24 deg.40.8' N 81 deg.31.2' W.

32 24 deg.40.8' N 81 deg.32.4' W.

33 24 deg.41.4' N 81 deg.32.4' W.

34 24 deg.41.4' N 81 deg.34.2' W.

35 24 deg.40.8' N 81 deg.34.2' W.

36 24 deg.48.0' N 81 deg.35.4' W.

37 24 deg.39.6' N 81 deg.35.4' W.

38 24 deg.39.6' N 81 deg.36.0' W.

39 24 deg.39.0' N 81 deg.36.0' W.

40 24 deg.39.0' N 81 deg.37.2' W.

41 24 deg.37.8' N 81 deg.37.2' W.

42 24 deg.37.8' N 81 deg.37.8' W.

43 24 deg.37.2' N 81 deg.37.8' W.

44 24 deg.37.2' N 81 deg.40.2' W.

45 24 deg.36.0' N 81 deg.40.2' W.

46 24 deg.36.0' N 81 deg.40.8' W.

47 24 deg.35.4' N 81 deg.40.8' W.

48 24 deg.35.4' N 81 deg.42.0' W.

49 24 deg.36.0' N 81 deg.42.0' W.

50 24 deg.36.0' N 81 deg.48.6' W.

51 24 deg.43.8' N 81 deg.48.6' W.

Point Latitude Longitude

1 24 deg.40.0' N 81 deg.49.0' W.

2 24 deg.40.0' N 82 deg.10.0' W.

3 24 deg.27.0' N 82 deg.10.0' W.

4 24 deg.27.0' N 81 deg.49.0' W.

5 24 deg.40.0' N 81 deg.49.0' W.

Area Access restrictions

Bay Keys No-motor zone (300 feet) around one key; idle speed only/nowake zones in tidal creeks.

Boca Grande South one-half of beach closed (beach above mean high 

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Key water closed by Department of the Interior).

Woman Key One-half of beach and sand spit on southeast side closed 

(beach and sand spit above mean high water closed by 

Department of the Interior).

Cayo Agua 

Keys

Idle speed only/no-wake zones in all navigable tidal creeks.

Cotton Key No-motor zone on tidal flat.

Snake Creek No-motor zone on tidal flat.

Cottrell Key No-motor zone (300 feet) around entire key.

Little Mullet 

Key

No-access buffer zone (300 feet) around entire key.

Big Mullet Key No-motor zone (300 feet) around entire key.

Crocodile 

Lake

No-access buffer zone (100 feet) along shoreline between 

March 1 and October 1.

East Harbor 

Key

No-access buffer zone (300 feet) around northernmost island.

Lower Harbor 

Keys

Idle speed only/no-wake zones in selected tidal creeks.

Eastern Lake 

Surprise

Idle speed only/no-wake zone east of highway U.S. 1.

Horseshoe 

Key

No-access buffer zone (300 feet) around main island (main 

island closed by Department of the Interior).

Marquesas 

Keys

(i) No-motor zones (300 feet) around three smallest keys on 

western side of chain; (ii) no-access buffer zone (300 feet) 

around one island at western side of chain; (iii) idle speed 

only/no-wake zone in southwest tidal creek.

Tidal flat south 

of Marvin Key

No-access buffer zone on tidal flat.

Mud Keys (i) Idle speed only/no-wake zones in the two main tidal 

creeks; (ii) two smaller creeks on west side closed.

Pelican Shoal No-access buffer zone out to 50 meters from shore between 

April 1 and August 31 (shoal closed by the Florida Game and 

Freshwater Fish Commission).

Rodriguez Key No-motor zone on tidal flats.

Dove Key No-motor zone on tidal flats; area around the two small 

islands closed.

Tavernier Key No-motor zone on tidal flats.

Sawyer Keys Tidal creeks on south side closed.

Snipe Keys (i) Idle speed only/no-wake zone in main tidal creek; (ii) nomotor zone in all other tidal creeks.

Upper Harbor 

Key

No-access buffer zone (300 feet) around entire key.

East Content 

Keys

Idle speed only/no-wake zones in tidal creeks between 

southwesternmost keys.

West Content 

Keys

Idle speed only/no-wake zones in selected tidal creeks; noaccess buffer zone in one cove.

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Appendix IV to Subpart P of Part 922—Ecological Reserves Boundary 

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Coordinates 

(1) The boundary of the Western Sambo Ecological Reserve is formed by connecting in succession the 

points at the following coordinates: 

Western Sambo 

[Based on differential Global Positioning Systems data] 

(2) The Tortugas Ecological Reserve consists of two discrete areas, Tortugas North and Tortugas South. 

(3) The boundary of Tortugas North is formed by connecting in succession the points at the following 

coordinates: 

Tortugas North 

(4) The boundary of Tortugas South is formed by connecting in succession the points at the following 

coordinates: 

Tortugas South 

Little Crane 

Key

No-access buffer zone (300 feet) around entire key.

Point Latitude Longitude

1 24 deg.33.70' N 81 deg.40.80' W.

2 24 deg.28.85' N 81 deg.41.90' W.

3 24 deg.28.50' N 81 deg.43.70' W.

4 24 deg.33.50' N 81 deg.43.10' W.

5 24 deg.33.70' N 81 deg.40.80' W.

Point Latitude Longitude

1 24 deg.46.00' N 83 deg.06.00' W.

2 24 deg.46.00' N 82 deg.54.00' W.

3 24 deg.45.80' N 82 deg.48.00' W.

4 24 deg.43.53' N 82 deg.48.00' W.

5 24 deg.43.53' N 82 deg.52.00' W.

6 24 deg.43.00' N 82 deg.54.00' W.

7 24 deg.39.00' N 82 deg.58.00' W.

8 24 deg.39.00' N 83 deg.06.00' W.

9 24 deg.46.00' N 83 deg.06.00' W.

Point Latitude Longitude

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[66 FR 4372, Jan. 17, 2001] 

Appendix V to Subpart P of Part 922—Sanctuary Preservation Areas Boundary 

Coordinates 

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The boundary of each of the Sanctuary Preservation Areas (SPAs) is formed by connecting in 

succession the points at the following coordinates: 

Alligator Reef 

[Based on differential Global Positioning Systems data] 

Catch and release fishing by trolling only is allowed in this SPA. 

Carysfort/South Carysfort Reef 

[Based on differential Global Positioning Systems data] 

Cheeca Rocks 

[Based on differential Global Positioning Systems data] 

1 24 deg.33.00' N 83 deg.09.00' W.

2 24 deg.33.00' N 83 deg.05.00' W.

3 24 deg.18.00' N 83 deg.05.00' W.

4 24 deg.18.00' N 83 deg.09.00' W.

5 24 deg.33.00' N 83 deg.09.00' W.

Point Latitute Longitude

1 24 deg.50.98' N 80 deg.36.84' W.

2 24 deg.50.51' N 80 deg.37.35' W.

3 24 deg.50.81' N 80 deg.37.63' W.

4 24 deg.51.23' N 80 deg.37.17' W.

5 24 deg.50.98' N 80 deg.36.84' W.

Point Latitude Longitude

1 25 deg.13.78' N 80 deg.12.00' W.

2 25 deg.12.03' N 80 deg.12.98' W.

3 25 deg.12.24' N 80 deg.13.77' W.

4 25 deg.14.13' N 80 deg.12.78' W.

5 25 deg.13.78' N 80 deg.12.00' W.

Point Latitude Longitude

1 24 deg.54.42' N 80 deg.36.91' W.

2 24 deg.54.25' N 80 deg.36.77' W.

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Coffins Patch 

[Based on differential Global Positioning Systems data] 

Conch Reef 

[Based on differential Global Positioning Systems data] 

Catch and release fishing by trolling only is allowed in this SPA. 

Davis Reef 

[Based on differential Global Positioning Systems data] 

Dry Rocks 

[Based on differential Global Positioning Systems data] 

3 24 deg.54.10' N 80 deg.37.00' W.

4 24 deg.54.22' N 80 deg.37.15' W.

5 24 deg.54.42' N 80 deg.36.91' W.

Point Latitude Longitude

1 24 deg.41.47' N 80 deg.57.68' W.

2 24 deg.41.12' N 80 deg.57.53' W.

3 24 deg.40.75' N 80 deg.58.33' W.

4 24 deg.41.06' N 80 deg.58.48' W.

5 24 deg.41.47' N 80 deg.57.68' W.

Point Latitude Longitude

1 24 deg.57.48' N 80 deg.27.47' W.

2 24 deg.57.34' N 80 deg.27.26' W.

3 24 deg.56.78' N 80 deg.27.52' W.

4 24 deg.56.96' N 80 deg.27.73' W.

5 24 deg.57.48' N 80 deg.27.47' W.

Point Latitude Longitude

1 24 deg.55.61' N 80 deg.30.27' W.

2 24 deg.55.41' N 80 deg.30.05' W.

3 24 deg.55.11' N 80 deg.30.35' W.

4 24 deg.55.34' N 80 deg.30.52' W.

5 24 deg.55.61' N 80 deg.30.27' W.

Point Latitude Longitude

1 25 deg.07.59' N 80 deg.17.91' W.

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Grecian Rocks 

[Based on differential Global Positioning Systems data] 

Eastern Dry Rocks 

[Based on differential Global Positioning Systems data] 

The Elbow 

[Based on differential Global Positioning Systems data] 

French Reef 

[Based on differential Global Positioning Systems data] 

2 25 deg.07.41' N 80 deg.17.70' W.

3 25 deg.07.25' N 80 deg.17.82' W.

4 25 deg.07.41' N 80 deg.18.09' W.

5 25 deg.07.59' N 80 deg.17.91' W.

Point Latitude Longitude

1 25 deg.06.91' N 80 deg.18.20' W.

2 25 deg.06.67' N 80 deg.18.06' W.

3 25 deg.06.39' N 80 deg.18.32' W.

4 25 deg.06.42' N 80 deg.18.48' W.

5 25 deg.06.81' N 80 deg.18.44' W.

6 25 deg.06.91' N 80 deg.18.20' W.

Point Latitude Longitude

1 24 deg.27.92' N 81 deg.50.55' W.

2 24 deg.27.73' N 81 deg.50.33' W.

3 24 deg.27.47' N 81 deg.50.80' W.

4 24 deg.27.72' N 81 deg.50.86' W.

5 24 deg.27.92' N 81 deg.50.55' W.

Point Latitude Longitude

1 25 deg.08.97' N 80 deg.15.63' W.

2 25 deg.08.95' N 80 deg.15.22' W.

3 25 deg.08.18' N 80 deg.15.64' W.

4 25 deg.08.50' N 80 deg.16.07' W.

5 25 deg.08.97' N 80 deg.15.63' W.

Point Latitude Longitude

1 25 deg.02.20' N 80 deg.20.63' W.

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Hen and Chickens 

[Based on differential Global Positioning Systems data] 

Looe Key 

[Based on differential Global Positioning Systems data] 

Molasses Reef 

[Based on differential Global Positioning Systems data] 

Newfound Harbor Key 

[Based on differential Global Positioning Systems data] 

2 25 deg.01.81' N 80 deg.21.02' W.

3 25 deg.02.36' N 80 deg.21.27' W.

4 25 deg.02.20' N 80 deg.20.63' W.

Point Latitude Longitude

1 24 deg.56.38' N 80 deg.32.86' W.

2 24 deg.56.21' N 80 deg.32.63' W.

3 24 deg.55.86' N 80 deg.32.95' W.

4 24 deg.56.04' N 80 deg.33.19' W.

5 24 deg.56.38' N 80 deg.32.86' W.

Point Latitude Longitude

1 24 deg.33.24' N 81 deg.24.03' W.

2 24 deg.32.70' N 81 deg.23.85' W.

3 24 deg.32.52' N 81 deg.24.70' W.

4 24 deg.33.12' N 81 deg.24.81' W.

5 24 deg.33.24' N 81 deg.24.03' W.

Point Latitude Longitude

1 25 deg.01.00' N 80 deg.22.53' W.

2 25 deg.01.06' N 80 deg.21.84' W.

3 25 deg.00.29' N 80 deg.22.70' W.

4 25 deg.00.72' N 80 deg.22.83' W.

5 25 deg.01.00' N 80 deg.22.53' W.

Point Latitude Longitude

1 24 deg.37.10' N 81 deg.23.34' W.

2 24 deg.36.85' N 81 deg.23.28' W.

3 24 deg.36.74' N 81 deg.23.80' W.

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Rock Key 

[Based on differential Global Positioning Systems data] 

Sand Key 

[Based on differential Global Positioning Systems data] 

Catch and release fishing by trolling only is allowed in this SPA. 

Sombrero Key 

[Based on differential Global Positioning Systems data] 

Catch and release fishing by trolling only is allowed in this SPA. 

[66 FR 4373, Jan. 17, 2001] 

Appendix VI to Subpart P of Part 922—Special-Use Areas Boundary Coordinates and 

Use Designations 

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The boundary of each of the Special-Use is formed by connecting in succession the points at the 

4 24 deg.37.00' N 81 deg.23.86' W.

5 24 deg.37.10' N 81 deg.23.34' W.

Point Latitude Longitude

1 24 deg.27.48' N 81 deg.51.35' W.

2 24 deg.27.30' N 81 deg.51.15' W.

3 24 deg.27.21' N 81 deg.51.60' W.

4 24 deg.27.45' N 81 deg.51.65' W.

5 24 deg.27.48' N 81 deg.51.35' W.

Point Latitude Longitude

1 24 deg.27.58' N 81 deg.52.29' W.

2 24 deg.27.01' N 81 deg.52.32' W.

3 24 deg.27.02' N 81 deg.52.95' W.

4 24 deg.27.61' N 81 deg.52.94' W.

5 24 deg.27.58' N 81 deg.52.29' W.

Point Latitude Longitude

1 24 deg.37.91' N 81 deg.06.78' W.

2 24 deg.37.50' N 81 deg.06.19' W.

3 24 deg.37.25' N 81 deg.06.89' W.

4 24 deg.37.91' N 81 deg.06.78' W.

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following coordinates: 

Conch Reef 

(Research Only)—[Based on differential Global Positioning Systems data] 

Eastern Sambo 

(Research Only)—[Based on differential Global Positioning Systems data] 

Looe Key 

(Research Only)—[Based on differential Global Positioning Systems data] 

Tennessee Reef 

(Research Only)—[Based on differential Global Positioning Systems data] 

Point Latitude Longitude

1 24 deg.56.83' N 80 deg.27.26' W.

2 24 deg.57.10' N 80 deg.26.93' W.

3 24 deg.56.99' N 80 deg.27.42' W.

4 24 deg.57.34' N 80 deg.27.26' W.

5 24 deg.56.83' N 80 deg.27.26' W.

Point Latitude Longitude

1 24 deg.29.84' N 81 deg.39.59' W.

2 24 deg.29.55' N 81 deg.39.35' W.

3 24 deg.29.37' N 81 deg.39.96' W.

4 24 deg.29.77' N 81 deg.40.03' W.

5 24 deg.29.84' N 81 deg.39.59' W.

Point Latitude Longitude

1 24 deg.34.17' N 81 deg.23.01' W.

2 24 deg.33.98' N 81 deg.22.96' W.

3 24 deg.33.84' N 81 deg.23.60' W.

4 24 deg.34.23' N 81 deg.23.68' W.

5 24 deg.34.17' N 81 deg.23.01' W.

Point Latitude Longitude

1 24 deg.44.77' N 80 deg.47.12' W.

2 24 deg.44.57' N 80 deg.46.98' W.

3 24 deg.44.68' N 80 deg.46.59' W.

4 24 deg.44.95' N 80 deg.46.74' W.

5 24 deg.44.77' N 80 deg.47.12' W.

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[66 FR 4376, Jan. 17, 2001] 

Appendix VII to Subpart P of Part 922—Areas To Be Avoided Boundary Coordinates 

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In The Vicinity of the Florida Keys 

[Reference Charts: United States 11466, 27th Edition—September 1, 1990 and United States 11450, 

4th Edition—August 11, 1990] 

In the Vicinity of Key West Harbor 

[Reference Chart: United States 11434, 21st Edition—August 11, 1990] 

Point Latitude Longitude

1 25°45.00'N 80°06.10'W

2 25°38.70'N 80°02.70'W

3 25°22.00'N 80°03.00'W

4 25°06.38'N 80°10.48'W

5 24°56.37'N 80°19.26'W

6 24°37.90'N 80°47.30'W

7 24°29.20'N 81°17.30'W

8 24°22.30'N 81°43.17'W

9 24°28.00'N 81°43.17'W

10 24°28.70'N 81°43.50'W

11 24°29.80'N 81°43.17'W

12 24°33.10'N 81°35.15'W

13 24°33.60'N 81°26.00'W

14 24°38.20'N 81°07.00'W

15 24°43.20'N 80°53.20'W

16 24°46.10'N 80°46.15'W

17 24°51.10'N 80°37.10'W

18 24°57.50'N 80°27.50'W

19 25°09.90'N 80°16.20'W

20 25°24.00'N 80°09.10'W

21 25°31.50'N 80°07.00'W

22 25°39.70'N 80°06.85'W

23 25°45.00'N 80°06.10'W

Point Latitude Longitude

24 24 deg.27.95' N 81 deg.48.65' W.

25 24 deg.23.00' N 81 deg.53.50' W.

26 24 deg.26.60' N 81 deg.58.50' W.

27 24 deg.27.75' N 81 deg.55.70' W.

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Area Surrounding the Marquesas Keys 

[Reference Chart: United States 11434, 21st Edition—August 11, 1990] 

Area Surrounding the Dry Tortugas Islands 

[Reference Chart: United States 11434, 21st Edition—August 11, 1990] 

[66 FR 4377, Jan. 17, 2001, as amended at 66 FR 34534, June 29, 2001] 

Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary 

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Authority: 16 U.S.C. 1431 et seq. and subtitle C, title II, Pub. L. 102–587, 106 Stat. 5055. 

28 24 deg.29.35' N 81 deg.53.40' W.

29 24 deg.29.35' N 81 deg.50.00' W.

30 24 deg.27.95' N 81 deg.48.65' W.

Point Latitude Longitude

31 24 deg.26.60' N 81 deg.59.55' W.

32 24 deg.23.00' N 82 deg.03.50' W.

33 24 deg.23.60' N 82 deg.27.80' W.

34 24 deg.34.50' N 82 deg.37.50' W.

35 24 deg.43.00' N 82 deg.26.50' W.

36 24 deg.38.31' N 81 deg.54.06' W.

37 24 deg.37.91' N 81 deg.53.40' W.

38 24 deg.36.15' N 81 deg.51.78' W.

39 24 deg.34.40' N 81 deg.50.60' W.

40 24 deg.33.44' N 81 deg.49.73' W.

41 24 deg.31.20' N 81 deg.52.10' W.

42 24 deg.28.70' N 81 deg.56.80' W.

43 24 deg.26.60' N 81 deg.59.55' W.

Point Latitude Longitude

44 24 deg.32.00' N 82 deg.53.50' W.

45 24 deg.32.00' N 83 deg.00.05' W.

46 24 deg.39.70' N 83 deg.00.05' W.

47 24 deg.45.60' N 82 deg.54.40' W.

48 24 deg.45.60' N 82 deg.47.02' W.

49 24 deg.42.80' N 82 deg.43.90' W.

50 24 deg.39.50' N 82 deg.43.90' W.

51 24 deg.35.60' N 82 deg.46.40' W.

52 24 deg.32.00' N 82 deg.53.50' W.

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Source: 64 FR 66570, Nov. 29, 1999, unless otherwise noted. 

§ 922.180 Purpose. 

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(a) The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands 

Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the 

Sanctuary or any of the qualities, values, or purposes for which the Sanctuary was designated, in order 

to protect, preserve, and manage the conservation, ecological, recreational, research, educational, 

historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to 

supplement and complement existing regulatory authorities; to facilitate to the extent compatible with the 

primary objective of protecting the humpback whale and its habitat, all public and private uses of the 

Sanctuary, including uses of Hawaiian natives customarily and traditionally exercised for subsistence, 

cultural, and religious purposes, as well as education, research, recreation, commercial and military 

activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback 

whale and its habitat; to contribute to the maintenance of natural assemblages of humpback whales for 

future generations; to provide a place for humpback whales that are dependent on their Hawaiian 

Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the 

long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and 

NMSA. 

(b) These regulations may be modified to fulfill the Secretary's responsibilities for the Sanctuary, 

including the provision of additional protections for humpback whales and their habitat, if reasonably 

necessary, and the conservation and management of other marine resources, qualities and ecosystems 

of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor 

of the State of Hawaii on any modification to the regulations contained in this part. For any modification 

of the regulations contained in this part that would constitute a change in a term of the designation, as 

contained in the Designation Document for the Sanctuary, the Secretary shall follow the applicable 

requirements of sections 303 and 304 of the NMSA, and sections 2305 and 2306 of the HINMSA. 

(c) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations 

every five years, and make necessary revisions. Upon completion of the five year review of the 

Sanctuary management plan and regulations, the Secretary will repropose the Sanctuary management 

plan and regulations in their entirety with any proposed changes thereto. The Governor of the State of 

Hawaii will have the opportunity to review the re-proposed management plan and regulations before 

they take effect and if the Governor certifies any term or terms of such management plan or regulations 

as unacceptable, the unacceptable term or terms will not take effect in State waters of the Sanctuary. 

§ 922.181 Boundary. 

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(a) Except for excluded areas described in paragraph (b) of this section, the Hawaiian Islands 

Humpback Whale National Marine Sanctuary consists of the submerged lands and waters off the coast 

of the Hawaiian Islands seaward from the shoreline, cutting across the mouths of rivers and streams: 

(1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; 

(2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the 

Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; 

(3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, 

Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters 

seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and 

northward along the shoreline to Lipoa Point, Maui; 

(4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and 

southward; 

(5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. 

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(b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors: 

Hawaii (Big Island) 

Kawaihae Boat Harbor & Small Boat Basin 

Lanai 

Kaumalapau Harbor, Manele Harbor 

Maui 

Lahaina Boat Harbor 

Maalaea Boat Harbor 

Molokai 

Hale o Lono Harbor 

Kaunakakai Harbor 

Oahu 

Kuapa Pond (Hawaii Kai) 

(c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear 

in appendix A of this subpart Q. 

§ 922.182 Definitions. 

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(a) Acts means the Hawaiian Islands National Marine Sanctuary Act (HINMSA; sections 2301–2307 of 

Pub. L. 102–587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine 

Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431 et seq. ). 

Adverse impact means an impact that independently or cumulatively damages, diminishes, degrades, 

impairs, destroys, or otherwise harms. 

Alteration of the seabed means drilling into, dredging, or otherwise altering a natural physical 

characteristic of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, 

material, or other matter on the seabed of the Sanctuary. 

Habitat means those areas that provide space for individual and population growth and normal behavior 

of humpback whales, and include sites used for reproductive activities, including breeding, calving and 

nursing. 

Military activities means those military activities conducted by or under the auspices of the Department 

of Defense and any combined military activities carried out by the Department of Defense and the 

military forces of a foreign nation. 

Sanctuary means the Hawaiian Islands Humpback Whale National Marine Sanctuary. 

Sanctuary resource means any humpback whale, or the humpback whale's habitat within the Sanctuary. 

Shoreline means the upper reaches of the wash of the waves, other than storm or seismic waves, at 

high tide during the season of the year in which the highest wash of the waves occurs, usually 

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evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. 

Take or taking a humpback whale means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 

collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes, but 

is not limited to, any of the following activities: collecting any dead or injured humpback whale, or any 

part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how 

temporarily; tagging any humpback whale; operating a vessel or aircraft or doing any other act that 

results in the disturbing or molesting of any humpback whale. 

(b) Other terms appearing in the regulations in this subpart are defined at 15 CFR 922.3, and/or in the 

Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 

1431 et seq. 

§ 922.183 Allowed activities. 

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(a) All activities except those prohibited by §922.184 may be undertaken in the Sanctuary subject to any 

emergency regulations promulgated pursuant to §922.185, subject to the interagency cooperation 

provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and §922.187 of this subpart, and subject 

to the liability established by section 312 of the NMSA and §922.46 of this part. All activities are also 

subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or 

county authority of competent jurisdiction. 

(b) Included as activities allowed under the first sentence of paragraph (a) of this §922.183 are all 

classes of military activities, internal or external to the Sanctuary, that are being or have been conducted 

before the effective date of these regulations, as identified in the Final Environmental Impact 

Statement/Management Plan. Paragraphs (a)(1) through (a)(5) of §922.184 do not apply to these 

classes of activities, nor are these activities subject to further consultation under section 304(d) of the 

NMSA. 

(c) Military activities proposed after the effective date of these regulations are also included as allowed 

activities under the first sentence of paragraph (a) of this §922.183. Paragraphs (a)(1) through (a)(5) of 

§922.184 apply to these classes of activities unless— 

(1) They are not subject to consultation under section 304(d) of the NMSA and §922.187 of this subpart, 

or 

(2) Upon consultation under section 304(d) of the NMSA and §922.187 of this subpart, NOAA's findings 

and recommendations include a statement that paragraphs (a)(1) through (a)(5) of §922.184 do not 

apply to the military activity. 

(d) If a military activity described in paragraphs (b) or (c)(2) of this §922.183 is modified such that it is 

likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than 

was considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this 

subpart, or if the modified activity is likely to destroy, cause the loss of, or injure any Sanctuary resource 

not considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this 

subpart, the modified activity will be treated as a new military activity under paragraph (c) of this section. 

(e) If a proposed military activity subject to section 304(d) of the NMSA and §922.187 of this subpart is 

necessary to respond to an emergency situation and the Secretary of Defense determines in writing that 

failure to undertake the proposed activity during the period of consultation would impair the national 

defense, the Secretary of the military department concerned may request the Director that the activity 

proceed during consultation. If the Director denies such a request, the Secretary of the military 

department concerned may decide to proceed with the activity. In such case, the Secretary of the 

military department concerned shall provide the Director with a written statement describing the effects 

of the activity on Sanctuary resources once the activity is completed. 

§ 922.184 Prohibited activities. 

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(a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be 

conducted. 

(1) Approaching, or causing a vessel or other object to approach, within the Sanctuary, by any means, 

within 100 yards of any humpback whale except as authorized under the Marine Mammal Protection Act, 

as amended (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species Act, as amended (ESA), 16 

U.S.C. 1531 et seq. ; 

(2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as 

necessary for takeoff or landing from an airport or runway, or as authorized under the MMPA and the 

ESA; 

(3) Taking any humpback whale in the Sanctuary except as authorized under the MMPA and the ESA; 

(4) Possessing within the Sanctuary (regardless of where taken) any living or dead humpback whale or 

part thereof taken in violation of the MMPA or the ESA; 

(5) Discharging or depositing any material or other matter in the Sanctuary; altering the seabed of the 

Sanctuary; or discharging or depositing any material or other matter outside the Sanctuary if the 

discharge or deposit subsequently enters and injures a humpback whale or humpback whale habitat, 

provided that such activity: 

(i) Requires a Federal or State permit, license, lease, or other authorization; and 

(ii) Is conducted: 

(A) Without such permit, license, lease, or other authorization, or 

(B) not in compliance with the terms or conditions of such permit, license, lease, or other authorization. 

(6) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of 

seized property in connection with enforcement of either of the Acts or any regulations issued under 

either of the Acts. 

(b) The prohibitions in paragraphs (a)(1) through (a)(5) of this §922.184 do not apply to activities 

necessary to respond to emergencies threatening life, property or the environment; or to activities 

necessary for valid law enforcement purposes. However, while such activities are not subject to 

paragraphs (a)(1) through (a)(5) of this §922.184, this paragraph (b) does not exempt the activity from 

the underlying prohibition or restriction under other applicable laws and regulations (e.g., MMPA, ESA, 

and CWA). 

(c) Any Sanctuary fishery regulations shall not take effect in Hawaii State waters until established by the 

State Board of Land and Natural Resources. 

§ 922.185 Emergency regulations. 

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Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or 

to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to 

immediate temporary regulation, including prohibition. Before issuance of such regulations the Director 

shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of 

Hawaii. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by 

the Governor of Hawaii. 

§ 922.186 Penalties; appeals. 

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(a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or any regulation in this 

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subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture 

of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a 

continuing violation constitutes a separate violation. 

(b) Regulations setting forth the procedures governing the administrative proceedings for assessment of 

civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture 

of seized property appear at 15 CFR Part 904. 

(c) A person subject to an action taken for enforcement reasons for violation of these regulations or 

either of the Acts may appeal pursuant to the applicable procedures in 15 CFR Part 904. 

§ 922.187 Interagency Cooperation. 

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Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine 

sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, 

cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The 

Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the 

loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 

304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other 

statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all 

environmental requirements. 

Appendix A to Subpart Q of Part 922—Hawaiian Islands Humpback Whale, National 

Marine Sanctuary Boundary Description and Coordinates of the Lateral Boundary 

Closures and Excluded Areas. 

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Appendix A provides a text and pictoral (see Figures 1–3) description of the Sanctuary boundary with 

specific lateral closure points and exclusion areas. The lateral extents (bounds) of each boundary area 

are closed by straight lines defined by at least two points. It may be necessary to extend these lines 

beyond the defining points to intersect the actual 100 fathom contour or the shoreline. Each point 

corresponds to a bounds number indicated in Figure 2. Digital files of the Sanctuary boundary (available 

in three common formats, ESRI Shape File, MapInfo Table, and an ASCII Exchange Format) are 

available from the Sanctuary office in Kihei, Maui, at the address listed above or by calling (808) 879–

2818. These digital geographies are the best available representation of the verbal legal delineation and 

were derived from: the Hawaiian shoreline as supplied by State of Hawaii through the Office of Planning 

GIS Office, the NOAA and State of Hawaii agreed upon lateral boundary and exclusion areas, and the 

100 fathom isobath digitized from the following 1:80,000 scale NOAA nautical charts-19327—West 

Coast of Hawaii (9th ED, 4/29/89), 

19347—Channels between Molokai, Maui, Lanai, and Kahoolawe (17th ED, 12/13/97), 

19351—Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/1989), 

19357—Island of Oahu (20th ED, 9/21/1996), and 

19381—Island of Kauai (8th ED, 7/17/1993)]. 

For the portion of the Lanai region of the HIHWNMS west of Chart 19351,[157°42.8' west] the 100 

fathom contour was derived from the 1:250,000 chart 19340—Hawaii to Oahu (24th ED, 1/09/1993). 

All digital geography data have been referenced to WGS84 (NAD83) and have been converted to 

geographic (latitude and longitude) coordinates. 

Sanctuary Boundary 

A. As defined by the specific lateral boundaries in B, and except for excluded areas described in 

paragraph C of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary consists 

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of the submerged lands and waters off the coast of the Hawaiian Islands seaward from the shoreline, 

cutting across the mouths of rivers and streams (see Figure 1): 

1. To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; 

2. To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the 

Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; 

3. To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, 

Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters 

seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and 

northward along the shoreline to Lipoa Point, Maui; 

4. To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and 

southward; 

5. To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. 

View or download PDF 

B. Lateral Closure Bounds for the Hawaiian Islands Humpback Whale National Marine Sanctuary 

Boundary (see Figure 2). 

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View or download PDF 

Bound 

No. 

(Fig. 2) Geographic name

No. of

points Latitude Longitude

1 Kailiu Pt., Kauai 2 22°

13'24.7"

22°

16'33.5"

−159°

34'52.2" 

−159°

35'59.4"

2 Mokolea Pt., Kauai 2 22°

13'29.9"

22°

14'55.4"

−159°

22'55.8" 

–159°

22'19.3"

3 Puaena Pt., N. Oahu 2 21°

38'24.6"

21°36'8.4"

−158°8'26.0" 

−158°6'24.5"

4 Mahie Pt., N. Oahu 2 21°

33'37.3"

−157°

51'51.9" 

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21°

35'32.2"

−157°50'5.5"

5 Kapahulu Groin, S. Oahu 3 21°15'5.7"

21°16'6.1"

21°16'6.2"

−157°

50'27.5" 

−157°

49'25.7" 

−157°

49'23.8"

6 Makapuu Pt., S. Oahu 2 21°

18'39.6"

21°

19'44.7"

−157°

38'56.7" 

−157°

35'46.1"

7 Ilio Pt, Molokai 2 21°

13'25.7"

21°

13'27.0"

−157°

18'45.8" 

−157°

15'14.4"

8 Pailolo Channel, C. Halawa to 

Lipoa Pt.

2 21°1'29.8"

21°9'29.5"

−156°

38'22.0" 

−156°

42'37.2"

9 Hanamanoia Lighthouse, Maui 2 20°

34'21.8"

20°

34'58.4"

−156°

26'51.1" 

−156°

24'45.2"

10 3 Nmi. closure around 

Kahoolawe

51 20°

35'58.1"

20°

35'59.9"

−156°

29'32.0" 

−156°

29'33.0"

 20°36'3.9" −156°

29'35.5"

 20°36'6.6" −156°

29'36.9"

 20°

36'16.3"

−156°

29'43.1"

 20°

36'25.7"

−156°

29'49.9"

 20°

36'34.6"

−156°

29'57.3"

 20°

36'39.9"

−156°30'2.2"

 20°

36'43.8"

−156°30'5.5"

 20°

36'50.8"

−156°

30'12.1"

 20°

36'59.0"

−156°

30'16.5"

 20°

37'58.7"

−156°

30'22.7"

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 20°

37'18.1"

−156°

30'29.5"

 20°

37'27.0"

−156°

30'36.8"

 20°

37'35.5"

−156°

30'44.8"

 20°

37'43.4"

−156°

30'53.4"

 20°

37'50.9"

−156°31'2.4"

 20°

37'56.4"

−156°

31'10.0"

 20°

37'59.0"

−156°

31'13.2"

 20°38'6.0" −156°

31'22.7"

 20°38'8.6" −156°

31'26.8"

 20°

38'10.8"

−156°

31'29.9"

 20°

38'17.2"

−156°

31'39.9"

 20°

38'18.9"

−156°

31'43.0"

 20°

38'23.4"

−156°

31'48.4"

 20°

38'30.3"

−156°

31'58.0"

 20°

38'36.6"

−156°32'7.9"

 20°

38'42.4"

−156°

32'18.3"

 20°

38'43.4"

−156°

32'20.5"

 20°

38'46.4"

−156°

32'25.9"

 20°

38'51.5"

−156°

32'36.7"

 20°

38'56.0"

−156°

32'47.7"

 20°

38'59.8"

−156°

32'59.1"

 20°39'3.0" −156°

33'10.7"

 20°39'4.0" −156°

33'15.7"

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C. Excluded Ports and Harbors Bounds (see Figure 3). 

 20°39'4.4" −156°

33'17.0"

 20°39'5.3" −156°

33'21.1"

 20°39'6.8" −156°

33'28.7"

 20°39'8.6" −156°

33'40.7"

 20°39'8.9" −156°

33'44.4"

 20°39'9.7" −156°

33'49.6"

 20°

39'10.1"

−156°

33'53.8"

 20°

39'11.0"

−156°34'0.3"

 20°

39'12.1"

−156°

34'12.4"

 20°

39'12.5"

−156°

34'24.4"

 20°

39'12.4"

−156°

34'25.4"

 20°

39'12.6"

−156°

34'30.5"

 20°

39'12.2"

−156°

34'42.6"

 20°

39'11.8"

−156°

34'47.7"

 20°

39'11.7"

−156°

34'48.9"

 20°

39'11.3"

−156°

34'55.8"

11 Technical Cosure 2 20°

41'39.2"

20°

41'45.0"

−156°37'7.5" 

−156°38'3.6"

 North of Kahoolawe

12 Upolu Pt., Hawaii (Big Island) 2 20°16'5.3"

20°

17'59.9"

−155°51'0.5" 

−155°

51'17.2"

13 Keahole Pt., Hawaii (Big Island) 2 19°

43'39.6"

19°

43'41.5"

−156'3'42.7" 

−156°4'14.5"

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View or download PDF 

Bound No. 

(Fig.2) Geographic Name

No. of 

Points Latitude Longitude

14 Kawaihae Harbor, Big Island 

exclusion

2 20°

2'14.3"

20°

2'25.3"

−155°

50'2.5" 

−155°

49'57.7"

15 Haleolono Harbor, Molokai 

exclusion

2 21°5'3.5"

21°5'4.8"

−157°

14'58.6" 

−157°

14'55.2"

16 Kaunakakai Harbor, Molokai 

exclusion

4 21°

5'13.9"

21°

4'49.2"

21°

4'38.5"

−157°

1'35.7" 

−157°

1'58.3" 

−157°

1'41.2" 

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Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve 

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Source: 65 FR 39056, June 22, 2000, unless otherwise noted. 

§ 922.190 Boundary. 

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The Thunder Bay National Marine Sanctuary and Underwater Preserve (Sanctuary) consists of an area 

of approximately 448 square miles (1169 square kilometers) of waters of Lake Huron and the 

submerged lands thereunder, over, around, and under the underwater cultural resources in Thunder 

Bay. The boundary forms an approximately rectangular area by extending along the ordinary high water 

mark between the northern and southern boundaries of Alpena County, cutting across the mouths of 

rivers and streams, and lakeward from those points along latitude lines to longitude 83 degrees west. 

The coordinates of the boundary are set forth in appendix A to this Subpart. 

§ 922.191 Definitions. 

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(a) The following terms are defined for purposes of Subpart R: 

21°5'7.4" −157°

1'15.0"

17 Kaumalapau Harbor, Lanai 

exclusion

2 20°

47'9.2"

20°

47'1.1"

−156°

59'32.2" 

−156°

59'31.3"

18 Manele Harbor, Lanai 

exclusion

2 20°

44'33.2"

20°

44'35.2"

−156°

53'12.9" 

−156°

53'14.1"

19 Lahaina Harbor, Maui 

exclusion

2 20°

52'18.3"

20°

52'18.8"

−156°

40'45.0" 

−156°

40'44.0"

20 Maalaea Harbor, Maui 

exclusion

2 20°

47'32.1"

20°

47'24.8"

−156°

30'35.0" 

−156°

30'39.6"

21 Western closure Kuapa Pond 

(Hawaii Kai), Oahu

2 21°

17'7.0"

21°

17'6.5"

−157°

43'7.7" 

−157°

43'7.0"

22 Eastern closure Kuapa Pond 

(Hawaii Kai), Oahu

2 21°

16'53.3"

21°

16'51.9"

−157°

42'42.7" 

−157°

42'40.3"

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Minor project means any project listed in appendix B to this Subpart. 

Programmatic Agreement means the agreement among NOAA, the Federal Advisory Council on Historic 

Preservation, and the State of Michigan, developed pursuant to the National Marine Sanctuaries Act 

(NMSA), 16 U.S.C. 1431 et seq. and section 106 of the National Historic Preservation Act of 1966 as 

amended, 16 U.S.C. 470 et seq., which, in part, sets forth the procedures for review and approval of 

State Permits that authorize activities prohibited by the Sanctuary regulations. 

State Archaeologist means the State Archaeologist, Michigan Historical Center, Michigan Department of 

State. 

State Permit means any lease, permit, license, approval, or other authorization issued by the State of 

Michigan for the conduct of activities or projects within the Thunder Bay National Marine Sanctuary and 

Underwater Preserve that are prohibited by the regulations at §922.193. 

Traditional fishing means those commercial, recreational, and subsistence fishing activities that were 

customarily conducted within the Sanctuary prior to its designation, as identified in the Final 

Environmental Impact Statement and Management Plan for this Sanctuary. Copies of the Final 

Environmental Impact Statement/Management Plan (FEIS/MP) are available upon request to the Marine 

Sanctuaries Division, Office of Ocean and Coastal Resource Management, National Ocean Service, 

National Oceanic and Atmospheric Administration, 1305 East-West Highway, 11th Floor, Silver Spring, 

MD 20910, (301) 713–3125. 

Traditional fishing includes tribal fishing rights as provided for in the 1836 Treaty of Washington and 

subsequent court decisions related to the Treaty. 

Underwater cultural resource means: 

(1) Any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, 

trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and 

passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sank prior to the 

effective date of Sanctuary designation; and 

(2) Any of the above that sinks on or after the date of Sanctuary designation determined to be an 

underwater cultural resource by the Director pursuant to §922.198. Underwater cultural resource also 

means any historical remnant of docks or piers or associated material, or materials resulting from 

activities of historic and prehistoric Native Americans. 

(b) Other terms appearing in the regulations are defined at 15 CFR part 922 subpart A, and/or in the 

National Marine Sanctuaries Act, as amended, 16 U.S.C. 1431 et seq. 

§ 922.192 Joint Management Committee. 

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(a) A state/federal Joint Management Committee shall be established to oversee and engage in 

decision-making authority for the Thunder Bay National Marine Sanctuary and Underwater Preserve. 

(b) The Joint Management Committee shall be comprised of one Federal employee named by the NOAA 

Administrator and one state employee named by the Governor of Michigan. The Federal employee 

cannot be the sanctuary manager (the individual who exercises day-to-day management over the 

Sanctuary) and must have a civil service grade higher than that of the sanctuary manager. 

(c) The Joint Management Committee shall: 

(1) Develop a position description for, recruit prospective candidates for the position of, interview 

candidates for the position of, and take part in the annual performance evaluation of, the sanctuary 

manager; 

(2) Approve revisions to the Management Plan; 

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(3) Approve annual work plans; 

(4) Approve, on an annual basis, the expenditure of allocated state and federal funds and other sources 

of revenue for the Thunder Bay National Marine Sanctuary and Underwater Preserve, in accordance 

with the Management Plan and the annual work plans; and 

(5) Make decisions on other key issues related to management of the Thunder Bay National Marine 

Sanctuary and Underwater Preserve. 

(d) The Joint Management Committee shall meet as agreed to by the members but not less than once 

annually. 

(e) If the Joint Management Committee is unable to reach agreement on an issue, the members shall 

follow the “Consultation and Conflict Resolution” procedures set forth in the Interlocal Agreement 

between NOAA and the State of Michigan. 

(f) The Joint Management Committee may invite affected public parties to participate in selected aspects 

of Sanctuary management as: 

(1) Parties to the Interlocal Agreement pursuant to the Michigan Urban Cooperation Act of 1967, MCL 

124.501 et seq. ; and/or 

(2) Pursuant to the NMSA. 

§ 922.193 Prohibited or otherwise regulated activities. 

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(a) Except as specified in paragraphs (b) through (d) of this section, the following activities are prohibited 

and thus are unlawful for any person to conduct or to cause to be conducted: 

(1) Recovering, altering, destroying, possessing, or attempting to recover, alter, destroy, or possess an 

underwater cultural resource. 

(2) Drilling into, dredging or otherwise altering the lakebottom associated with underwater cultural 

resources, including contextual information; or constructing, placing or abandoning any structure, 

material or other matter on the lakebottom associated with underwater cultural resources, except as an 

incidental result of: 

(i) Anchoring vessels; 

(ii) Traditional fishing operations; or 

(iii) Minor projects (as defined in appendix B of this subpart) that do not adversely affect underwater 

cultural resources. 

(3) Using grappling hooks or other anchoring devices on underwater cultural resource sites that are 

marked with a mooring buoy. 

(4) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of 

seized property in connection with enforcement of the Act or any regulations issued under the Act. 

(b) Members of a federally-recognized Indian tribe may exercise treaty-secured rights, subject to the 

requirements of other applicable law, without regard to the requirements of this subpart. The Director 

may consult with the governing body of a tribe regarding ways the tribe may exercise such rights 

consistent with the purposes of the Sanctuary, provided that the rights are authorized by the tribe by 

regulation, license, or permit. 

(c) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to valid law enforcement 

activities, or any activity necessary to respond to an emergency threatening life or the environment. 

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(d) The prohibitions in paragraphs (a) (1) through (3) of this section do not apply to any activity: 

(1) Specifically authorized by, and conducted in accordance with the scope, purpose, terms and 

conditions of, a permit issued pursuant to §922.195 or a Special Use Permit issued pursuant to section 

310 of the NMSA. 

(2) Specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other 

authorization in existence on the effective date of these regulations, or by any valid right of subsistence 

use or access in existence on the effective date of these regulations, provided that the holder of such 

authorization or right complies with §922.194 and §922.47 and with any terms and conditions for the 

exercise of such authorization or right imposed by the Director as a condition of certification as he or she 

deems reasonably necessary to achieve the purposes for which the Sanctuary was designated. 

§ 922.194 Certification of preexisting leases, licenses, permits, approvals, other 

authorizations, or rights to conduct a prohibited activity. 

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(a) A person may conduct an activity prohibited by §922.193 (a)(1) through (3) if such activity is 

specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other 

authorization in existence on the effective date of Sanctuary designation, or by any valid right of 

subsistence use or access in existence on the effective date of Sanctuary designation, provided that: 

(1) for any State or local lease, permit, license, approval, or other authorization, or any right of 

subsistence use, the State Archaeologist certifies to the Director, within 90 days of the effective date of 

designation, that the activity authorized under the State or local lease, permit, license, approval, or other 

authorization, or any right of subsistence use, is being conducted consistent with the Programmatic 

Agreement, in which case such activity shall be deemed to have met the requirements of this section 

and §922.47; or 

(2) In the case where either: 

(i) The State Archaeologist does not certify that the activity authorized under a State or local lease, 

permit, license, approval, or other authorization, or right of subsistence use is being conducted 

consistent with the Programmatic Agreement; or 

(ii) The activity is conducted pursuant only to a Federal permit, the holder of the authorization or right 

complies with paragraphs (b) through (k) of this section. 

(b) For an activity described in paragraph (a)(2) of this section, the holder of the authorization or right 

may conduct the activity prohibited by §922.193 (a)(1) through (3) provided that: 

(1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective 

date of Sanctuary designation, of the existence of such authorization or right and requests certification of 

such authorization or right; 

(2) The holder complies with the other provisions of §922.194; and 

(3) The holder complies with any terms and conditions on the exercise of such authorization or right 

imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary 

was designated. 

(c) The holder of an authorization or right described in paragraph (a)(2) of this section authorizing an 

activity prohibited by §922.193 may conduct the activity without being in violation of applicable 

provisions of §922.193, pending final agency action on his or her certification request, provided the 

holder is in compliance with this §922.194. 

(d) Any holder of an authorization or right described in paragraph (a)(2) of this section may request the 

Director to issue a finding as to whether the activity for which the authorization has been issued, or the 

right given, is prohibited by §922.193, thus requiring certification under this section. 

(e) Requests for findings or certifications should be addressed to the Director, Office of Ocean and 

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Coastal Resource Management; ATTN: Sanctuary Manager, Thunder Bay National Marine Sanctuary 

and Underwater Preserve, 1305 East-West Highway, N/ORM, Silver Spring, Maryland, 20910. A copy of 

the lease, permit, license, approval, or other authorization must accompany the request. 

(f) The Director may request additional information from the certification requester as he or she deems 

reasonably necessary to condition appropriately the exercise of the certified authorization or right to 

achieve the purposes for which the Sanctuary was designated. The Director must receive the 

information requested within 45 days of the postmark date of the request. The Director may seek the 

views of any persons on the certification request. 

(g) The Director may amend any certification made under this §922.194 whenever additional information 

becomes available justifying such an amendment. 

(h) Upon completion of review of the authorization or right and information received with respect thereto, 

the Director shall communicate, in writing, any decision on a certification request or any action taken 

with respect to any certification made under this §922.194, in writing, to both the holder of the certified 

lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth 

the reason(s) for the decision or action taken. 

(i) Any time limit prescribed in or established under this §922.194 may be extended by the Director for 

good cause. 

(j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in 

accordance with the procedures set forth in §922.50. 

(k) Any amendment, renewal, or extension made after the effective date of Sanctuary designation, to a 

lease, permit, license, approval, other authorization or right is subject to the provisions of §922.195 and 

§922.49. 

(l) For any activity authorized pursuant to §922.193 (b), the holder of such license or permit shall notify 

the Director, in writing, within 90 days of the effective date of Sanctuary designation, of the existence of 

such authorization or right. 

§ 922.195 Permit procedures and criteria. 

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(a) A person may conduct an activity prohibited by §922.193 (a)(1) through (3), if conducted in 

accordance with the scope, purpose, terms and conditions of a State Permit provided that : 

(1) The State Archaeologist certifies to NOAA that the activity authorized under the State Permit will be 

conducted consistent with the Programmatic Agreement, in which case such State Permit shall be 

deemed to have met the requirements of §922.49; or 

(2) In the case where the State Archaeologist does not certify that the activity to be authorized under a 

State Permit will be conducted consistent with the Programmatic Agreement, the person complies with 

the requirements of §922.49 of this part. 

(b) If no State Permit is required to conduct an activity prohibited by §922.193 (a)(1) through (3) of this 

subpart, a person may conduct such activity if it is conducted in accordance with the scope, purpose, 

terms and conditions of a Federal permit, provided that the person complies with the provisions of 

§922.49 of this part. 

(c) In instances where the conduct of an activity is prohibited by §922.193 (a)(1) through (3) of this 

subpart is not addressed under a State or other Federal lease, license, permit or other authorization, a 

person must obtain a Sanctuary permit from NOAA pursuant to §922.48 (c) through (f) of this part and 

the Programmatic Agreement in order to conduct the activity. 

(d) A permit for recovery of an underwater cultural resource may be issued if: 

(1) The proposed activity satisfies the requirements for permits described under paragraphs (a) through 

(c) of this section; 

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(2) The recovery of the underwater cultural resource is in the public interest; 

(3) Recovery of the underwater cultural resource is part of research to preserve historic information for 

public use; and 

(4) Recovery of the underwater cultural resource is necessary or appropriate to protect the resource, 

preserve historical information, or further the policies of the Sanctuary. 

(e) A person shall file an application for a permit with the Michigan Department of Environmental Quality, 

Land and Water Management Division, P.O. Box 30458, Lansing, MI, 48909-7958. The application shall 

contain all of the following information: 

(1) The name and address of the applicant; 

(2) Research plan that describes in detail the specific research objectives and previous work done at the 

site. An archaeological survey must be conducted on a site before an archaeological permit allowing 

excavation can be issued; 

(3) Description of significant previous work in the area of interest, how the proposed effort would 

enhance or contribute to improving the state of knowledge, why the proposed effort should be performed 

in the Sanctuary, and its potential benefits to the Sanctuary; 

(4) An operational plan that describes the tasks required to accomplish the project's objectives and the 

professional qualifications of those conducting and supervising those tasks (see §922.195(e)(9) of this 

section). The plan must provide adequate description of methods to be used for excavation, recovery 

and the storage of artifacts and related materials on site, and describe the rationale for selecting the 

proposed methods over any alternative methods; 

(5) Archaeological recording, including site maps, feature maps, scaled photographs, and field notes; 

(6) An excavation plan describing the excavation, recovery and handling of artifacts; 

(7)(i) A conservation plan documenting: 

(A) The conservation facility's equipment; 

(B) Ventilation temperature and humidity control; and 

(C) storage space. 

(ii) Documentation of intended conservation methods and processes must also be included; 

(8) A curation and display plan for the curation of the conserved artifacts to ensure the maintenance and 

safety of the artifacts in keeping with the Sanctuary's federal stewardship responsibilities under the 

Federal Archaeology Program (36 CFR Part 79, Curation of Federally-Owned and Administered 

Archaeological Collections); and 

(9) Documentation of the professional standards of an archaeologist supervising the archaeological 

recovery of historical artifacts. The minimum professional qualifications in archaeology are a graduate 

degree in archaeology, anthropology, or closely related field plus: 

(i) At least one year of full-time professional experience or equivalent specialized training in 

archeological research, administration or management; 

(ii) At least four months of supervised field and analytic experience in general North American 

archaeology; 

(iii) Demonstrated ability to carry research to completion; and 

(iv) At least one year of full-time professional experience at a supervisory level in the study of 

archeological resources in the underwater environment. 

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§ 922.196 Emergency regulations. 

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(a) Where necessary to prevent or minimize the destruction of, loss of, or injury to an underwater cultural 

resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are 

subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take 

effect without the approval of the Governor of Michigan. 

(b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective 

date, whichever is earlier. The rule may be extended once for not more than six months. 

§ 922.197 Consultation with affected federally-recognized Indian tribes. 

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The Director shall regularly consult with the governing bodies of affected federally-recognized Indian 

tribes regarding areas of mutual concern. 

§ 922.198 Procedures for determining watercraft and related items which sink on or 

after the date of Sanctuary designation to be an underwater cultural resource. 

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The Director, in consultation with the State of Michigan, appropriate federal agencies, and the governing 

body of any affected federally-recognized tribe, may determine, after providing 45 days for public 

comment, that any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, 

gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, 

crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sinks on or 

after the date of Sanctuary designation, to be an underwater cultural resource if such is determined by 

the Director to be 50 years or older and of special national significance due to architectural significance 

or association with individuals or events that are significant to local or national history. 

Appendix A to Subpart R of Part 922—Thunder Bay National Marine Sanctuary and 

Underwater Preserve Boundary Coordinates 

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[Based on North American Datum of 1983] 

Appendix B to Subpart R of Part 922—Minor Projects for Purposes of §922.193(a)(2)(iii) 

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Pursuant to Michigan State Administrative Rule R 322.1013 of Part 325, Great Lakes Submerged Lands 

of Public Act 451 (Michigan State Statute), the Michigan Department of Environmental Quality 

(Department) issues permits for projects that are of a minor nature which are not controversial, which 

have minimal adverse environmental impact, which will be constructed of clean, non-polluting materials, 

which do not impair the use of the adjacent bottomlands by the public, and which do not adversely affect 

Point Latitude Longitude

1 45°12'25.5" 83°23'18.6"

2 45°12'25.5" 83°00'00"

3 44°51'30.5" 83°00'00"

4 44°51'30.5" 83°19'17.3"

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riparian interests of adjacent owners. The following projects are minor projects: 

(a) Noncommercial single piers, docks, and boat hoists which meet the following design criteria: 

(i) are of a length or size not greater than the length or size of similar structures in the vicinity and on the 

watercourse involved; and 

(ii) provide for the free littoral flow of water and drift material. 

(b) Spring piles and pile clusters when their design and purpose is usual for such projects in the vicinity 

and on the watercourse involved. 

(c) Seawalls, bulkheads, and other permanent revetment structures which meet all of the following 

purpose and design criteria: 

(i) the proposed structure fulfills an identifiable need for erosion protection, bank stabilization, protection 

of uplands, or improvements on uplands; 

(ii) the structure will be constructed of suitable materials free from pollutants, waste metal products, 

debris, or organic materials; 

(iii) the structure is not more than 300 feet in length and is located in an area on the body of water where 

other similar structures already exist; 

(iv) the placement of backfill or other fill associated with the construction does not exceed an average of 

3 cubic yards per running foot along the shoreline and a maximum of 300 cubic yards; and 

(v) the structure or any associated fill will not be placed in a wetland area or placed in any manner that 

impairs surface water flow into or out of any wetland area. 

(d) Groins 50 feet or less in length, as measures from the toe to bluff, which meet all of the following 

criteria: 

(i) the groin is low profile, with the lakeward end not more than 1 foot above the existing water level; and 

(ii) the groin is placed at least1/2of the groin length from the adjacent property line or closer with written 

approval of the adjacent riparian. 

(e) Filling for restoration of existing permitted fill, fills placed incidental to construction of other structures, 

and fills that do not exceed 300 cubic yards as a single and complete project, where the fill is of suitable 

material free from pollutants, waste metal products, debris, or organic materials. 

(f) Dredging for the maintenance of previously dredged areas or dredging of not more than 300 cubic 

yards as a single and complete project when both of the following criteria are met: 

(i) No reasonable expectation exists that the materials to be dredged are polluted; and 

(ii) All dredging materials will be removed to an upland site exclusive of wetland areas. 

(g) Structural repair of man-made structures, except as exempted by Michigan State Administrative Rule 

R 322.1008(3), when their design and purpose meet both of the following criteria: 

(i) The repair does not alter the original use of a recently serviceable structure; and 

(ii) The repair will not adversely affect public trust values or interests, including navigation and water 

quality. 

(h) Fish or wildlife habitat structures which meet both of the following criteria: 

(i) Are placed so the structures do not impede or create a navigational hazard; and 

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(ii) Are anchored to the bottomlands. 

(i) Scientific structures such as staff gauges, water monitoring devices, water quality testing devices, 

survey devices, and core sampling devices, if the structures do not impede or create a navigational 

hazard. 

(j) Navigational aids which meet both of the following criteria: 

(i) Are approved by the United States Coast Guard; and 

(ii) Are approved under Michigan State Act No. 303 of the Public Acts of 1967, as amended, being 

Section 281.1001 et seq. of the Michigan Compiled Laws, and known as the Marine Safety Act. 

(k) Extension of a project where work is being performed under a current permit and which will result in 

no damage to natural resources. 

(l) A sand trap wall which meets all of the following criteria: 

(i) The wall is 300 feet or less in length along the shoreline; 

(ii) The wall does not extend more than 30 feet lakeward of the toe of bluff; 

(iii) The wall is low profile, that is, it is not more than 1 foot above the existing water level; and 

(iv) The wall is constructed of wood or steel or other non-polluting material. 

(m) Physical removal of man-made structures or natural obstructions which meet all of the following 

criteria: 

(i) The debris and spoils shall be removed to an upland site, not in a wetland, in a manner which will not 

allow erosion into public waters; 

(ii) The shoreline and bottom contours shall be restored to an acceptable condition; and 

(iii) Upon completion of structure removal, the site does not constitute a safety or navigational hazard. 

Department staff shall consider fisheries and wildlife resource values when evaluating applications for 

natural obstruction removal. 

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