[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66875-66897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-11227]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Parts 922, 924, 925, 935, 936, 938, 940, 941, 942, 943 and 
944

[Docket No. 951201283-5283-01]
RIN 0648-AI51


National Marine Sanctuary Program

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Department of Commerce.

ACTION: Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
removing 15 CFR Parts 924, 925, 935, 936, 938, 940, 941, 942, 943, and 
944 and revising 15 CFR Part 922 by consolidating therein the removed 
regulations. As revised, Part 922 implements the National Marine 
Sanctuaries Act, as amended, (Act), 16 U.S.C. 1431 et seq. and governs 
ten of the present twelve National Marine Sanctuaries. The rulemakings 
to implement the designations of the eleventh and twelfth Sanctuaries, 
the Florida Keys National Marine Sanctuary and the Hawaiian Islands 
Humpback Whale National Marine Sanctuary, are presently ongoing and the 
regulations governing the old Key Largo and Looe Key National Marine 
Sanctuaries (15 CFR Parts 929 and 937) subsumed in the new Florida Keys 
Sanctuary will continue to be maintained until replaced by regulations 
governing the entire Florida Keys Sanctuary. This final rule does not 
make substantive changes to the existing regulations governing the 
other ten Sanctuaries, rather it removes duplicative and outdated 
provisions, makes technical changes to incorporate current term usage 
and achieve uniformity in regulatory language, and consolidates and 
reorganizes all remaining provisions in a more logical and cohesive 
order. The effect of this final rule is to make the regulations 
implementing the Act more concise, better organized, and thereby easier 
for the public to use.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT:
Harriet Sopher, Office of Ocean and Coastal Resource Management, at 
301-713-3125 (ext. 109), fax: 301-713-0404, e-mail: 
<a href="/cdn-cgi/l/email-protection#6d051e021d05081f2d020e080c034303021e4303020c0c430a021b"><span class="__cf_email__" data-cfemail="c2aab1adb2aaa7b082ada1a7a3acecacadb1ecacada3a3eca5adb4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    The National Oceanic and Atmospheric Administration (NOAA) is 
removing 15 CFR Parts 924, 925, 935, 936, 938, 940, 941, 942, 943, and 
944 and is revising 15 CFR Part 922 by consolidating therein the 
removed regulations.
    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for immediate, comprehensive regulatory 
reform. The President directed all agencies to undertake an exhaustive 
review of all their regulations, with an emphasis on eliminating or 
modifying those that are obsolete, duplicative, or otherwise in need of 
reform. This final rule is intended to carry out the President's 
directive with respect to the regulations implementing the Act and the 
National Marine Sanctuary program and revises those regulations as 
follows:

II. Consolidates National Marine Sanctuary Regulations in One CFR 
Part, 15 CFR Part 922, and removes Ten CFR Parts Containing Site-
Specific Regulations

    Currently, regulations implementing the Act are included in 13 
separate Parts of title 15, Code of Federal Regulations. This 
rulemaking removes ten parts of the Code and consolidates the removed 
regulations, which addressed ten of the twelve National Marine 
Sanctuaries, in 15 CFR Part 922. The rulemakings to implement the 
designations of the eleventh and twelfth Sanctuaries, the Florida Keys 
National Marine Sanctuary and the Hawaiian Islands Humpback Whale 
National Marine Sanctuary, are presently ongoing and the regulations 
governing the old Key Largo and Looe Key National Marine Sanctuaries 
(15 CFR Parts 929 and 937) subsumed in the new Florida Keys Sanctuary 
will continue to be maintained until replaced by regulations governing 
the entire Florida Keys Sanctuary. As revised, subparts A, D and E of 
the 15 CFR Part 922 are applicable to all the ten Sanctuaries. Site-
specific regulations for each of the ten appear in each Sanctuary's own 
subpart (subparts F through O). Subparts B and C apply to the Site 
Evaluation List (SEL) and to the designation of future Sanctuaries.

III. Makes Technical Changes to Incorporate Current Term Usage and 
Achieve Uniformity in Regulatory Language, and Replaces the 
Duplicative Provisions in the Site-Specific Regulations With 
Uniform Definitions and Provisions in Subparts A, D and E 
Applicable to the Ten Covered Sanctuaries

    Many of the existing regulations for the ten Sanctuaries covered by 
this rulemaking contain identical or nearly identical provisions 
addressing matters such as definitions, emergency regulations, 
penalties, appeals of administrative action, and permit procedures and 
criteria. The consolidation of these provisions and the deletion of the 
duplicative provisions results in the deletion of many pages of text 
from the CFR.
    The site specific prohibitions were retained for each Sanctuary in 
its own respective subpart. Site-specific definitions were only 
retained in those cases where application of a given term to other 
Sanctuaries other than the Sanctuary in question might create a 
conflict with either regulatory provisions or management practice at 
another Sanctuary.

IV. Reorganizes Remaining Regulations

    The final rule reorganizes the remaining regulations of the present 
15 CFR Part 922 in a more logical and cohesive order. For example, 
those provisions relating to the SEL and to the designation of future 
Sanctuaries have been moved to two separate subparts. Provisions 
pertaining to management 

[[Page 66876]]
plan development and implementation have been moved to a single 
subpart. This reorganization will make the regulations easier for the 
public to use.

V. Removes Regulations Restating Statutory Language

    The final rule removes those regulations in 15 CFR Part 922 that 
simply restate provisions contained in the Act relating to the 
designation of National Marine Sanctuaries. These provisions are 
replaced, where appropriate, with references to the applicable sections 
of the Act.

VI. Removes Site Selection and Identification Criteria and Other 
Outdated Provisions

    The final rule removes Appendix 1 to 15 CFR Part 922 which sets 
forth National Marine Sanctuary site selection and identification 
criteria. Removal of these criteria is appropriate because the SEL is 
not presently active and the National Marine Sanctuary program intends 
to issue revised, updated criteria prior to its reactivation. This 
rulemaking does not affect the status of sites currently on the SEL; 
such sites remain on the SEL.
    In addition, the final rule removes certain regulatory provisions 
that are no longer applicable because of the passage of the provision's 
effective period as specified in the regulations. The most notable of 
these are the provisions found in site-specific regulations for the 
Flower Garden Banks, Monterey Bay, Stellwagen Bank and Olympic Coast 
National Marine Sanctuaries which describe the process for obtaining 
certification of a valid lease, permit, license, other authorization, 
or right of subsistence use or access in existence on the date of 
Sanctuary designation. The 90-day period specified in these regulations 
for notifying NOAA of the existence of such authorizations or rights 
has long since expired. Since this type of certification is no longer 
available for those individual sites, these sections are obsolete and 
continued codification of them in the CFR is not necessary.

VII. Miscellaneous Rulemaking Requirements

Executive Order 12612: Federalism Assessment

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant the preparation of a 
Federalism Assessment under Executive Order 12612.

Executive Order 12630: Takings Implication

    NOAA has concluded that this regulatory action does not have 
takings implications within the meaning of Executive Order 12630.

Executive Order 12866: Regulatory Impact

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Paperwork Reduction Act

    The revision of 15 CFR Part 922 and removal of 15 CFR Parts 924, 
925, 935, 936, 938, 940, 941, 942, 943, and 944 does not impose any 
information collection requirement subject to review and approval by 
OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq.

National Environmental Policy Act

    NOAA has concluded that this regulatory action does not constitute 
a major federal action significantly affecting the quality of the human 
environment. Therefore, an environmental impact statement is not 
required.

Administrative Procedure Act

    Because this rule makes only technical nonsubstantive and 
consolidating and organizational changes to existing regulations, no 
useful purpose would be served by providing notice and opportunity for 
public comment. Accordingly, the Assistant Administrator for Ocean 
Services and Coastal Zone Management under 5 U.S.C. 553(b)(B) for good 
cause finds that providing notice and opportunity for public comment is 
unnecessary. Because this rule is not substantive, under 5 U.S.C. 
553(d) it is not subject to a 30-day delay in effective date.

    Authority: National Marine Sanctuaries Act, as amended, 16 
U.S.C. 1431 et seq.

List of Subjects

15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Penalties, Recreation and 
recreation areas, Reporting and recordkeeping requirements, Research.

15 CFR 924

Administrative practice and procedure
Historic preservation
Monitor
Monuments and memorials
National Oceanic and Atmospheric Administration
Penalties
Reporting and recordkeeping requirements
Vessels

15 CFR 925

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 935

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 936

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 938

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 940

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 941

Administrative practice and procedure
American Samoa
Coastal zone

[[Page 66877]]

Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 942

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 943

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

15 CFR 944

Administrative practice and procedure
Coastal zone
Marine resources
National Oceanic and Atmospheric Administration
Penalties
Recreation and recreation areas
Reporting and recordkeeping requirements
Research

    Dated: December 8, 1995.
W. Stanley Wilson,
Assistant Administrator for Ocean Services and Coastal Zone Management.

    1. Accordingly, for the reasons set forth above, 15 CFR Part 922 is 
revised to read as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

Subpart A--General

Sec.
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.
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 procedures and criteria.

Subpart G--Channel Islands National Marine Sanctuary

922.70  Boundary.
922.71  Prohibited or otherwise regulated activities.
922.72  Permit procedures and criteria.
Appendix A to Subpart G of Part 922--Channel Islands National Marine 
Sanctuary Boundary Coordinates
Subpart H--Point Reyes/Farallon Islands National Marine Sanctuary
922.80  Boundary.
922.81  Definitions.
922.82  Prohibited or otherwise regulated activities.
922.83  Permit procedures and criteria.
922.84  Certification of other permits.
Appendix A to Subpart H of Part 922--Point Reyes/Farallon Islands 
National Marine Sanctuary Boundary Coordinates

Subpart I--Gray's Reef National Marine Sanctuary

922.90  Boundary.
922.91  Prohibited or otherwise regulated activities.
922.92  Permit procedures and criteria.

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  Prohibited or otherwise regulated activities.
22.112  Permit procedures and criteria.
9Appendix A to subpart K of Part 922--Cordell Bank National Marine 
Sanctuary Boundary Coordinates

Subpart L--Flower Garden Banks National Marine Sanctuary

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 
112

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--Dredged Material Disposal Sites 
Adjacent to the Monterey Bay National Marine Sanctuary
Appendix C to Subpart M of Part 922--Zones Within the Sanctuary 
Where Overflights Below 1000 Feet Are Prohibited
Appendix D to Subpart M of Part 922--Zones and Access Routes Within 
the Sanctuary Where the Operation of Motorized Personal Watercraft 
Is Allowed

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.

[[Page 66878]]

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

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

Subpart A--General


Sec. 922.1   Applicability of regulations.

    Unless noted otherwise, the regulations in subparts A, D and E 
apply to all ten National Marine Sanctuaries for which site-specific 
regulations appear in subparts F through O, respectively. Subparts B 
and C apply to the site evaluation list and to the designation of 
future Sanctuaries.


Sec. 922.2   Mission, goals, and special policies.

    (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;
    (4) 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 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.


Sec. 922.3  Definitions.

    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 a resource possessing historical, 
cultural, archaeological or paleontological significance, including 
sites, structures, districts, and objects significantly associated with 
or representative of earlier people, cultures, and human activities and 
events. Historical resource also includes ``historical properties'' as 
defined in the National Historic Preservation Act, as amended, 16 
U.S.C. 470 et seq., 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.

[[Page 66879]]

    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 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.
    Sanctury quality means any particular and essential characteristic 
of a Sanctuary, including, but not limited to, water, sediment, and air 
quality.
    Sanctuary resource means any living or none-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.
    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 Samos, 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, would, 
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.


Sec. 922.4  Effect of National Marine Sanctuary designation.

    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)


Sec. 922.10  General.

    (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 
Sec. 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


Sec. 922.20 Standards and procedures for designation.

    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.


Sec. 922.21  Selection of active candidates.

    (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.

[[Page 66880]]

    (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.


Sec. 922.22  Development of designation materials.

    (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.


Sec. 922.23  Coordination with States and other Federal agencies.

    (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 Sec. 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.


Sec. 922.24  Congressional documents.

    In designating a National Marine Sanctuary, the Secretary shall 
prepare and submit to Congress those documents described in section 304 
of the Act.


Sec. 922.25  Designation determination and findings.

    (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


Sec. 922.30  General.

    (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 site-specific 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.


Sec. 922.31  Promotion and coordination of Sanctuary use.

    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


Sec. 922.40  Purpose.

    The purpose of the regulations in this subpart and in subparts F 
through O is to implement the designations of the ten National Marine 
Sanctuaries for which site-specific regulations appear in subparts F 
through O, 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.


Sec. 922.41  Boundaries.

    The boundary for each of the ten National Marine Sanctuaries 
covered by this part is described in subparts F through O, 
respectively.


Sec. 922.42  Allowed activities.

    All activities except those site-specific activities prohibited or 
otherwise regulated in subparts F through O, may be conducted subject 
to any emergency regulations promulgated pursuant to Secs. 922.44 and 
922.111(c), subject to all prohibitions, restrictions and conditions 
validly imposed by any other authority of competent jurisdiction, and 
subject to the liability established by section 312 of the Act.


Sec. 922.43  Prohibited or otherwise regulated activities.

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


Sec. 922.44  Emergency regulations.

    Where necessary to prevent or minimize the destruction of, loss of, 
or injury to a Sanctuary resource or quality, or minimize the imminent 
risk of such destruction, loss, or injury, any and all activities are 
subject to 

[[Page 66881]]
immediate temporary regulation, including prohibition. The provisions 
of this section do not apply to the Cordell Bank National Marine 
Sanctuary. See Sec. 922.111(c) for the authority to issue emergency 
regulations with respect to that Sanctuary.


Sec. 922.45  Penalties.

    (a) Each violation of the Act, 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, and release or forfeiture of seized property appear 
at 15 CFR part 904.


Sec. 922.46  Response costs and damages.

    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.


Sec. 922.47  Pre-existing authorizations or rights and certifications 
of pre-existing authorizations or rights.

    (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 O 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 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, 
provided that the holder of such authorization or right complies with 
certification procedures and criteria promulgated at the time of 
Sanctuary designation and with any terms and conditions on the exercise 
of such authorization or right imposed by the Director as a condition 
of certification as he or she deems necessary to achieve the purpose 
for which the Sanctuary was designated.


Sec. 922.48  National Marine Sanctuary permits--application procedures 
and issuance criteria.

    (a) A person may conduct an activity prohibited by this part if 
conducted in accordance with the scope, purpose, terms and conditions 
of a permit issued under this section and subparts F through O.
    (b) Applications for such permits should be addressed to the 
Director and sent to the address specified in subparts F through O. 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;
    (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. 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 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.


Sec. 922.49  Notification and review of applications for leases, 
licenses, permits, approvals or other authorizations to conduct a 
prohibited activity.

    (a) The prohibitions set forth in regulations found in subparts L 
through O, do not apply to any activity authorized by any valid lease, 
permit, license, approval or other authorization issued after the 
effective date of Sanctuary designated by any Federal, State or local 
authority of competent jurisdiction, 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 application or of the effective date of 
Sanctuary designation, whichever is later;
    (2) The applicant complies with the other provisions of this 
section;
    (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 necessary to protect Sanctuary resources and qualities.
    (b) Any potential applicant for a lease, permit, license, approval 
or other authorization for any Federal, State or local authority (or 
for an amendment, renewal or extension of such authorization) 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 
regulations in this part.
    (c) Notifications of filings of applications and requests for 
findings should be addressed to the address found in subparts F through 
O. A copy of the application must accompany the notification.
    (d) The Director may request additional information from the 
applicant as he or she deems necessary to determine whether to object 
to issuance of such lease, license, permit, approval or other 
authorization (or to issuance of an amendment, extension or renewal of 
such authorization), or what terms and conditions are necessary to 
protect Sanctuary resources and 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 review of the application and 
possible objection to issuance. After review of the application and 
information received with respect 

[[Page 66882]]
thereto, the Director, or designee 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 necessary to protect 
Sanctuary resources and qualities. The Director shall state the 
reason(s) for any objection or the reason(s) that any terms and 
conditions are deemed necessary to protect Sanctuary resources and 
qualities.
    (f) The Director may amend the terms and conditions deemed 
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 section 
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 in 
accordance with the procedures set forth in Sec. 922.50.


Sec. 922.50  Appeals of administrative action.

    (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 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 
Sec. 922.47; or, for those Sanctuaries described in subparts L through 
O, 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 Sec. 922.47; or
    (iii) For those Sanctuaries described in subparts L through O, 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 paragraphs (a)(1) (i) and (ii) of this section. 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.
    (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.

Subpart F--Monitor National Marine Sanctuary


Sec. 922.60  Boundary.

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


Sec. 922.61  Prohibited or otherwise regulated activities.

    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.


Sec. 922.62  Permit procedure and criteria.

    (a) Any person or entity may conduct in the Sanctuary any activity 
listed in Sec. 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 

[[Page 66883]]
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


Sec. 922.70  Boundary.

    The Channel Islands National Marine Sanctuary (Sanctuary) consists 
of an area of the waters off the coast of California of approximately 
1252.5 square nautical miles (NM) adjacent to 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 (collectively the Islands) extending seaward to a distance 
of six NM. The boundary coordinates are listed in appendix A to this 
subpart.


Sec. 922.71  Prohibited or otherwise regulated activities.

    (a) Except as may be necessary for the 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 Sec. 922.48 and Sec. 922.72, 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, and producing hydrocarbons except 
pursuant to leases executed prior to March 30, 1981, and except the 
laying of pipeline, if the following oil spill contingency equipment is 
available at the site of such operations:
    (i) 1500 feet of open ocean containment boom and a boat capable of 
deploying the boom;
    (ii) One oil skimming device capable of open ocean use; and
    (iii) Fifteen bales of oil sorbent material, and subject to all 
prohibitions, restrictions and conditions imposed by applicable 
regulations, permits, licenses or other authorizations and consistency 
reviews including those issued by the Department of the Interior, the 
Coast Guard, the Corps of Engineers, the Environmental Protection 
Agency and under the California Coastal Management Program and its 
implementing regulations.
    (2) Discharging or depositing any material or other matter except:
    (i) Fish or fish parts and chumming materials (bait);
    (ii) Water (including cooling water) and other biodegradable 
effluents incidental to vessel use of the Sanctuary generated by:
    (A) Marine sanitation devices;
    (B) Routine vessel maintenance, e.g., deck wash down;
    (C) Engine exhaust; or
    (D) Meals on board vessels;
    (iii) Effluents incidental to hydrocarbon exploration and 
exploitation activities allowed by paragraph (a)(1) of this section.
    (3) Except in connection with the laying of any pipeline as allowed 
by paragraph (a)(1) of this section, within 2 NM of any Island:
    (i) Constructing any structure other than a navigation aid,
    (ii) Drilling through the seabed, or
    (iii) Dredging or otherwise altering the seabed in any way, other 
than
    (A) To anchor vessels, or
    (B) To bottom trawl from a commercial fishing vessel.
    (4) Except to transport persons or supplies to or from an Island, 
operating within one NM of an Island any vessel engaged in the trade of 
carrying cargo, including, but not limited to, tankers and other bulk 
carriers and barges, or any vessel engaged in the trade of servicing 
offshore installations. In no event shall this section be construed to 
limit access for fishing (including kelp harvesting), recreational, or 
research vessels.
    (5) Disturbing seabirds or marine mammals by flying motorized 
aircraft at less than 1000 feet over the waters within one NM of any 
Island except:
    (i) For enforcement purposes;
    (ii) To engage in kelp bed surveys; or
    (iii) To transport persons or supplies to or from an Island.
    (6) Removing or damaging any historical or cultural resource.
    (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 impact shall be 
determined in consultation between the Director and the Department of 
Defense.


Sec. 922.72  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director in accordance with this section and Sec. 922.48 may conduct 
any activity in the Sanctuary prohibited under Sec. 922.71 if such 
activity is either:
    (1) Research related to the resources of the Sanctuary,
    (2) To further the educational value of the Sanctuary; or
    (3) For salvage or recovery operations.
    (b) Permit applications shall be addressed to: Director, Office of 
Ocean and Coastal Resource Management, ATTN: Manager, Channel Islands 
National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109.
    (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 envisioned to the purpose(s) 
of the activity;
    (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, or as a source of educational or scientific information;
    (4) The end value of the activity and
    (5) Such other matters as may be deemed appropriate.
    (d) The Director may observe any permitted activity and/or require 
the submission of one or more reports of the status or progress of such 
activity. Any information obtained shall be available to the public.

[[Page 66884]]


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

----------------------------------------------------------------------------------------------------------------
                Point No.                            Latitude north                     Longitude west          
----------------------------------------------------------------------------------------------------------------
                                        Northern Channel Islands Section                                        
----------------------------------------------------------------------------------------------------------------
01.......................................  33 deg.56'28.959''                 119 deg.16'23.800''               
02.......................................  33 deg.58'03.919''                 119 deg.14'56.964''               
03.......................................  34 deg.01'33.846''                 119 deg.14'07.740''               
04.......................................  34 deg.04'24.203''                 119 deg.15'21.308''               
05.......................................  34 deg.06'06.653''                 119 deg.17'27.002''               
06.......................................  34 deg.06'54.809''                 119 deg.19'46.046''               
07.......................................  34 deg.06'57.988''                 119 deg.23'24.905''               
08.......................................  34 deg.06'51.627''                 119 deg.24'04.198''               
09.......................................  34 deg.07'01.640''                 119 deg.25'40.819'''              
10.......................................  34 deg.06'59.904''                 119 deg.26'50.959''               
11.......................................  34 deg.08'02.002''                 119 deg.28'47.501''               
12.......................................  34 deg.08'17.693''                 119 deg.29'27.698''               
13.......................................  34 deg.08'52.234''                 119 deg.30'39.562''               
14.......................................  34 deg.09'16.780''                 119 deg.35'22.667''               
15.......................................  34 deg.09'05.106''                 119 deg.36'41.694''               
16.......................................  34 deg.08'02.782''                 119 deg.39'33.421''               
17.......................................  34 deg.08'46.870''                 119 deg.41'48.621''               
18.......................................  34 deg.09'35.563''                 119 deg.45'57.284''               
19.......................................  34 deg.09'32.627''                 119 deg.46'37.335''               
20.......................................  34 deg.09'33.396''                 119 deg.47'32.285''               
21.......................................  34 deg.09'43.668''                 119 deg.48'09.018''               
22.......................................  34 deg.10'10.616''                 119 deg.50'07.659''               
23.......................................  34 deg.10'21.586''                 119 deg.51'05.146''               
24.......................................  34 deg.10'33.161''                 119 deg.53'17.044''               
25.......................................  34 deg.10'36.545''                 119 deg.55'57.373''               
26.......................................  34 deg.10'21.283''                 119 deg.57'26.403''               
27.......................................  34 deg.08'07.255''                 120 deg.01'07.233''               
28.......................................  34 deg.08'13.144''                 120 deg.02'27.930''               
29.......................................  34 deg.07'47.772''                 120 deg.05'05.449''               
30.......................................  34 deg.07'29.314''                 120 deg.06'36.262''               
31.......................................  34 deg.07'30.691''                 120 deg.09'35.238''               
32.......................................  34 deg.06'36.285''                 120 deg.12'39.335''               
33.......................................  34 deg.06'40.634''                 120 deg.13'33.940''               
34.......................................  34 deg.08'10.759''                 120 deg.15'07.017''               
35.......................................  34 deg.09'12.290''                 120 deg.17'07.046''               
35A......................................  34 deg.09'50.706''                 120 deg.17'31.649''               
36.......................................  34 deg.10'56.346''                 120 deg.18'40.520''               
36B......................................  34 deg.11'28.249''                 120 deg.19'29.213''               
37.......................................  34 deg.12'08.078''                 120 deg.21'00.835''               
37C......................................  34 deg.12'25.468''                 120 deg.25'01.261''               
38.......................................  34 deg.12'18.754''                 120 deg.25'39.373''               
38D......................................  34 deg.11'33.184''                 120 deg.27'33.921''               
39.......................................  34 deg.12'19.470''                 120 deg.30'22.620''               
39E......................................  34 deg.12'17.540''                 120 deg.32'19.959''               
40.......................................  34 deg.10'54.592''                 120 deg.35'57.887''               
40F......................................  34 deg.06'07.491''                 120 deg.38'27.883''               
41.......................................  34 deg.04'53.454''                 120 deg.38'16.602''               
41G......................................  34 deg.03'30.539''                 120 deg.37'39.442''               
42.......................................  34 deg.01'09.860''                 120 deg.35'04.808''               
42H......................................  34 deg.00'48.573''                 120 deg.34'25.106''               
43.......................................  33 deg.59'13.122''                 120 deg.33'53.385''               
44.......................................  33 deg.57'01.427''                 120 deg.31'54.590''               
45.......................................  33 deg.55'36.973''                 120 deg.27'37.188''               
46.......................................  33 deg.55'30.037''                 120 deg.25'14.587''               
47.......................................  33 deg.54'50.522''                 120 deg.22'29.536''               
48.......................................  33 deg.55'01.640''                 120 deg.19'26.722''               
49.......................................  33 deg.54'34.409''                 120 deg.18'27.344''               
50.......................................  33 deg.53'23.129''                 120 deg.17'39.927''               
51.......................................  33 deg.50'39.990''                 120 deg.15'13.874''               
52.......................................  33 deg.49'53.260''                 120 deg.13'41.904''               
53.......................................  33 deg.49'03.437''                 120 deg.12'06.750''               
54.......................................  33 deg.48'36.087''                 120 deg.11'10.821''               
55.......................................  33 deg.47'39.280''                 120 deg.07'59.707''               
56.......................................  33 deg.47'37.617''                 120 deg.06'04.002''               
57.......................................  33 deg.47'59.351''                 120 deg.04'08.370''               
58.......................................  33 deg.48'38.700''                 120 deg.02'33.188''               
59.......................................  33 deg.48'52.167''                 120 deg.01'50.244''               
60.......................................  33 deg.50'28.486''                 119 deg.57'50.820''               
61.......................................  33 deg.50'55.128''                 119 deg.55'19.934''               
62.......................................  33 deg.52'13.338''                 119 deg.52'53.439''               
63.......................................  33 deg.52'04.900''                 119 deg.52'10.719''               
64.......................................  33 deg.51'39.919''                 119 deg.47'21.152''               
65.......................................  33 deg.51'48.592''                 119 deg.46'13.213''               
66.......................................  33 deg.51'35.798''                 119 deg.44'34.589''               
67.......................................  33 deg.51'44.374''                 119 deg.41'12.738''               
68.......................................  33 deg.52'23.857''                 119 deg.39'14.708''               
69.......................................  33 deg.53'09.365''                 119 deg.37'30.784''               
70.......................................  33 deg.53'12.754''                 119 deg.35'35.793''               
71.......................................  33 deg.53'17.114''                 119 deg.34'54.567''               
72.......................................  33 deg.53'38.865''                 119 deg.32'51.578''               
73.......................................  33 deg.54'02.277''                 119 deg.31'06.274''               
74.......................................  33 deg.54'56.444''                 119 deg.28'54.052''               
75.......................................  33 deg.54'39.349''                 119 deg.27'37.512''               
76.......................................  33 deg.54'15.236''                 119 deg.25'23.779''               
77.......................................  33 deg.54'07.847''                 119 deg.24'22.849''               
78.......................................  33 deg.54'04.682''                 119 deg.22'58.006''               
79.......................................  33 deg.54'14.311''                 119 deg.21'44.573''               
80.......................................  33 deg.54'22.824''                 119 deg.21'09.003''               
81.......................................  33 deg.54'46.904''                 119 deg.19'54.677''               
82.......................................  33 deg.55'05.834''                 119 deg.19'16.027''               
                                                                                                                
                                          Santa Barbara Island Section                                          
83.......................................  33 deg.28'56.904''                 119 deg.10'04.092''               
84.......................................  33 deg.26'32.364''                 119 deg.10'01.328''               
85.......................................  33 deg.24'19.904''                 119 deg.08'52.236''               
86.......................................  33 deg.23'26.019''                 119 deg.07'54.826''               
87.......................................  33 deg.22'04.836''                 119 deg.05'16.716''               
88.......................................  33 deg.21'49.387''                 119 deg.04'01.551''               
89.......................................  33 deg.21'44.594''                 119 deg.02'49.887''               
90.......................................  33 deg.21'49.556''                 119 deg.01'37.839''               
91.......................................  33 deg.22'07.538''                 118 deg.59'49.357''               
92.......................................  33 deg.22'27.774''                 118 deg.58'51.623''               
93.......................................  33 deg.22'47.957''                 118 deg.58'07.633''               
94.......................................  33 deg.23'20.805''                 118 deg.57'14.375''               
95.......................................  33 deg.24'18.458''                 118 deg.56'08.450''               
96.......................................  33 deg.26'24.130''                 118 deg.54'51.352''               
97.......................................  33 deg.29'02.820''                 118 deg.54'22.276''               
98.......................................  33 deg.31'27.917''                 118 deg.54'50.367''               
99.......................................  33 deg.32'17.935''                 118 deg.55'18.396''               
100......................................  33 deg.35'10.090''                 118 deg.59'40.091''               
101......................................  33 deg.35'24.575''                 119 deg.01'22.108''               
102......................................  33 deg.35'06.497''                 119 deg.03'59.463''               
103......................................  33 deg.34'48.322''                 119 deg.05'03.374''               
104......................................  33 deg.32'37.151''                 119 deg.08'37.201''               
105......................................  33 deg.30'41.731''                 119 deg.09'45.845''               
----------------------------------------------------------------------------------------------------------------

Subpart H--Point Reyes/Farallon Islands National Marine Sanctuary


Sec.  922.80  Boundary.

    (a) The Point Reyes/Farallon Islands Marine Sanctuary (Sanctuary) 
consists of an area of the waters adjacent to the coast of California 
north and south of the Point Reyes Headlands, between Bodega Head and 
Rocky Point and the Farallon Islands (including Noonday Rock), and 
includes approximately 948 square nautical miles (NM). The boundary 
coordinates are listed in Appendix A to this subpart.
    (b) The shoreward boundary follows the mean high tide line and the 
seaward limit of Point Reyes National Seashore. Between Bodega Head and 
Point Reyes Headlands, the Sanctuary extends seaward 3 NM beyond State 
waters. The Sanctuary also includes the waters within 12 NM of the 
Farallon Islands, and between the Islands and the mainland from Point 
Reyes Headlands to Rocky Point. The Sanctuary includes Bodega Bay, but 
not Bodega Harbor.


Sec.  922.81  Definitions.

    In addition to those definitions found at Sec.  922.3, the 
following definition applies to this subpart:
    Areas of Special Biological Significance (ASBS) means those areas 
established by the State of California prior to the designation of the 
Sanctuary except that for purposes of the regulations in this subpart, 
the area established around the Farallon Islands shall not be included.


Sec.  922.82  Prohibited or otherwise regulated activities.

    (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 Sec.  922.48 and Sec.  922.83, 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 and producing oil or gas except that 
pipelines related to hydrocarbon operations outside the Sanctuary may 
be placed at a distance greater than 2 NM from the Farallon Islands, 
Bolinas Lagoon, and ASBS where certified to have no significant effect 
on Sanctuary resources in accordance with Sec.  922.84.
    (2) Discharging or depositing any material or other matter except:
    (i) Fish or fish parts and chumming materials (bait).
    (ii) Water (including cooling water) and other biodegradable 
effluents incidental to vessel use of the Sanctuary generated by:
    (A) Marine sanitation devices;
    (B) Routine vessel maintenance, e.g., deck wash down;
    (C) Engine exhaust; or
    (D) Meals on board vessels.
    (iii) Dredge material disposed of at the interim dumpsite now 
established approximately 10 NM south of the southeast Farallon Island 
and municipal sewage provided such discharges are certified in 
accordance with Sec.  922.84.
    (3) Except in connection with the laying of pipelines or 
construction of an outfall if certified in accordance with
Sec. 922.84:
    (i) Constructing any structure other than a navigation aid,
    (ii) Drilling through the seabed, and
    
[[Page 66885]]

    (iii) Dredging or otherwise altering the seabed in any way other 
than by anchoring vessels or bottom trawling from a commercial fishing 
vessel, except for routine maintenance and navigation, ecological 
maintenance, mariculture, and the construction of docks and piers in 
Tomales Bay.
    (4) Except to transport persons or supplies to or from islands or 
mainland areas adjacent to Sanctuary waters, within an area extending 2 
NM from the Farallon Islands, Bolinas Lagoon, or any ASBS, operating 
any vessel engaged in the trade of carrying cargo, including but not 
limited to tankers and other bulk carriers and barges, or any vessel 
engaged in the trade of servicing offshore installations. In no event 
shall this section be construed to limit access for fishing, 
recreational or research vessels.
    (5) Disturbing seabirds or marine mammals by flying motorized 
aircraft at less than 1000 feet over the waters within one NM of the 
Farallon Islands, Bolinas Lagoon, or any ASBS except to transport 
persons or supplies to or from the Islands or for enforcement purposes.
    (6) Removing or damaging any historical or cultural resource.
    (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.


Sec.  922.83  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director in accordance with this section and Sec.  922.48 may conduct 
any activity in the Sanctuary, prohibited user Sec.  922.82, if such an 
activity is
    (1) Research related to the resources of the Sanctuary,
    (2) To further the educational value of the Sanctuary, or
    (3) For salvage or recovery operations.
    (b) Permit applications shall be addressed to the Director, Office 
of Ocean and Coastal Resource Management, ATTN: Manager, Point Reyes/
Farallon Islands National Marine Sanctuary, Fort Mason, building #201, 
San Francisco, CA 94123.
    (c) In considering whether to grant a permit, the Director shall 
evaluate
    (1) The general professional and financial responsibility of the 
applicant,
    (2) The appropriateness of the methods envisioned to the purpose(s) 
of the activity,
    (3) The extent to which the conduct of any permitted activity may 
diminish or enhance the value of the Sanctuary,
    (4) The end value of the activity, and
    (5) Other matters as deemed appropriate.
    (d) The Director may observe any permitted activity and/or require 
the submission of one or more reports of the status or progress of such 
activity. Any information obtained will be made available to the 
public.


Sec. 922.84  Certification of other permits.

    (a) A permit, license, or other authorization allowing the 
discharge of municipal sewage, the laying of any pipeline outside 2 NM 
from the Farallon Islands, Bolinas Lagoon and ASBS, or the disposal of 
dredge material at the interim dumpsite now established approximately 
10 NM south of the Southeast Farallon Island prior to the selection of 
a permanent dumpsite shall be valid if 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.
    (b) In considering whether to make the certifications called for in 
this section, the Director may seek and consider the views of any other 
person or entity, within or outside the Federal government, and may 
hold a public hearing as deemed appropriate.
    (c) Any certification called for in this section shall be presumed 
unless the Director acts to deny or condition certification within 60 
days from the date that the Director receives notice of the proposed 
permit and the necessary supporting data.
    (d) The Director may amend, suspend, or revoke any certification 
made under this section whenever continued operation would violate any 
terms or conditions of the certification. Any such action shall be 
forwarded in writing to both the holder of the certified permit and the 
issuing agency and shall set forth reason(s) for the action taken.

Appendix A to Subpart H of Part 922--Point Reyes/Farallon Islands 
National Marine Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------
                Point No.                            Latitude north                     Longitude west          
----------------------------------------------------------------------------------------------------------------
1........................................  38 deg.15'50.349''                 123 deg.10'48.933''               
2........................................  38 deg.12'36.338''                 123 deg.07'04.846''               
3........................................  38 deg.09'57.033''                 123 deg.05'27.435''               
4........................................  38 deg.08'26.872''                 123 deg.04'52.524''               
5........................................  38 deg.07'42.125''                 123 deg.05'10.714''               
6........................................  38 deg.06'08.017''                 123 deg.05'48.920''               
7........................................  38 deg.05'26.765''                 123 deg.06'09.922''               
8........................................  38 deg.04'44.587''                 123 deg.06'29.251''               
9........................................  38 deg.03'54.439''                 123 deg.06'57.591''               
10.......................................  38 deg.03'07.527''                 123 deg.07'37.755''               
11.......................................  37 deg.59'32.425''                 123 deg.08'24.905''               
12.......................................  37 deg.59'22.344''                 123 deg.14'06.127''               
13.......................................  37 deg.57'31.931''                 123 deg.19'19.187''               
14.......................................  37 deg.54'16.943''                 123 deg.23'18.456''               
15.......................................  37 deg.50'05.522''                 123 deg.25'28.791''               
16.......................................  37 deg.45'33.799''                 123 deg.25'32.666''               
17.......................................  37 deg.41'20.351''                 123 deg.23'29.811''               
18.......................................  37 deg.38'01.053''                 123 deg.19'37.445''               
19.......................................  37 deg.36'04.665''                 123 deg.14'30.483''               
20.......................................  37 deg.35'30.191''                 123 deg.13'31.060''               
21.......................................  37 deg.33'47.197''                 123 deg.11'50.904''               
22.......................................  37 deg.31'12.270''                 123 deg.07'39.618''               
23.......................................  37 deg.30'29.706''                 123 deg.05'42.221''               
24.......................................  37 deg.29'39.287''                 123 deg.00'23.711''               
25.......................................  37 deg.30'34.337''                 122 deg.54'18.139''               
26.......................................  37 deg.31'47.784''                 122 deg.51'31.592''               
27.......................................  37 deg.34'17.533''                 122 deg.48'10.415''               
28.......................................  37 deg.36'58.627''                 122 deg.46'05.779''               
29.......................................  37 deg.39'59.303''                 122 deg.44'59.838''               
30.......................................  37 deg.52'56.355''                 122 deg.37'35.195''               
----------------------------------------------------------------------------------------------------------------

Subpart I--Gray's Reef National Marine Sanctuary


Sec. 922.90  Boundary.

    The Gray's Reef National Marine Sanctuary (Sanctuary) consists of 
16.68 square nautical miles (NM) of high sea waters off the coast of 
Georgia. The Sanctuary boundary includes all waters within a rectangle 
starting at coordinate 31 deg.21'45''N, 80 deg.55'17''W, commencing to 
coordinate 31 deg.25'15''N, 80 deg.55'17''W, thence to coordinate 
31 deg.25'15''N, 80 deg.49'42''W, thence to coordinate 31 deg.21'45''N, 
80 deg.49'42''W, thence back to the point of origin.


Sec. 922.91  Prohibited or otherwise regulated activities.

    (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 Sec. 922.48 and Sec. 922.92, the following activities 
are prohibited and thus are unlawful for any person to conduct or to 
cause to be conducted within the Sanctuary:
    (1) Dredging, drilling, or otherwise altering the seabed in any way 
nor constructing any structure other than a navigation aid.
    (2) Discharging or depositing any material or other matter except:
    (i) Fish or parts, bait, and chumming materials;
    (ii) Effluent from marine sanitation devices; and
    (iii) Vessel cooling waters.
    (3) Operating a watercraft other than in accordance with the 
Federal rules and regulations that would apply if there were no 
Sanctuary.
    (4) Using, placing, or possessing wire fish traps. 
    
[[Page 66886]]

    (5) Using a bottom trawl, specimen dredge, or similar vessel-towed 
bottom sampling device.
    (6)(i)(A) Breaking, cutting, or similarly damaging, taking, or 
removing any bottom formation, marine invertebrate, or marine plant.
    (B) Taking any tropical fish.
    (C) Using poisons, electric charges, explosives, or similar methods 
to take any marine animal not otherwise prohibited to be taken.
    (ii) There shall be a rebuttable presumption that any bottom 
formation, marine invertebrate, tropical fish, marine plant, or marine 
animal found in the possession of a person within the Sanctuary have 
been collected within or removed from the Sanctuary.
    (7) Tampering with, damaging, or removing any historic or cultural 
resources.
    (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.


Sec. 922.92  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director in accordance with this section and Sec. 922.48 may conduct 
the specific activity in the Sanctuary including any activity 
specifically prohibited under Sec. 922.91, if such activity is
    (1) Research related to the resources of the Sanctuary,
    (2) To further the educational value of the Sanctuary, or
    (3) For salvage or recovery operations.
    (b) Permit applications shall be addressed to the Director, Office 
of Ocean and Coastal Resource Management, ATTN: Manager, Gray's Reef 
National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411.
    (c) In considering whether to grant a permit, the Director shall 
evaluate
    (1) The general professional and financial responsibility of the 
applicant,
    (2) The appropriateness of the methods envisioned to the purpose(s) 
of the activity,
    (3) The extent to which the conduct of any permitted activity may 
diminish or enhance the value of the Sanctuary,
    (4) The end value of the activity, and
    (5) Other matters as deemed appropriate.
    (d) The Director may observe any permitted activity and/or require 
the submission of one or more reports of the status or progress of such 
activity. Any information obtained will be made available to the 
public.

Subpart J--Fagatele Bay National Marine Sanctuary


Sec. 922.100  Scope of regulations.

    The provisions of this subpart J apply only to the area of the 
Territory of American Samoa within the 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.


Sec. 922.101  Boundary.

    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 deg.22'15'' S, 170 deg.46'5'' W) and Steps Point 
(14 deg.22'44'' S, 170 deg.45'27'' W). The seaward boundary of the 
Sanctuary is defined by a straight line between Fagatele Point and 
Steps Point.


Sec. 922.102  Prohibited or otherwise regulated activities.

    (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 Sec. 922.48 and 
Sec. 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.
    (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 deg.22'15'' S, 170 deg.46'5'' W) and Matautuloa Benchmark 
(14 deg.22'18'' S, 170 deg.45'35'' W).
    (1) Possessing or using fishing poles, handlines, or trawls.
    (2) Fishing commercially.


Sec. 922.103  Management and enforcement.

    The National Oceanic and Atmospheric Administration (NOAA) has 
primary responsibility for the 

[[Page 66887]]
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.


Sec. 922.104  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director, in consultation with the EDPO, in accordance with this 
section and Sec. 922.48, may conduct an activity otherwise prohibited 
by Sec. 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;
    (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 
Sec. 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


Sec. 922.110  Boundary

    The Cordell Bank National Marine Sanctuary (Sanctuary) consists of 
a 397.05 square nautical mile (NM) area of marine waters approximately 
50 miles west-northwest of San Francisco, California extending at 
180 deg. from the northernmost boundary of the Point Reyes-Farallon 
Islands National Marine Sanctuary (PRNMS) to the 1,000 fathom isobath 
northwest of the Bank, then south along this isobath to the PRNMS 
boundary and back to the northwest along this boundary to the beginning 
point. The boundary coordinates are listed in appendix A to this 
subpart.


Sec. 922.111  Prohibited or otherwise regulated activities.

    (a) Except as necessary for national defense or to respond to an 
emergency threatening life, property or the environment, or except as 
permitted in accordance with Sec. 922.48 and Sec. 922.112 or certified 
in accordance with Sec. 922.47, the following activities are prohibited 
and thus are unlawful for any person to conduct or to cause to be 
conducted:
    (1) (1) Depositing or discharging, from any location within the 
boundary of the Sanctuary, material or other matter of any kind except:
    (A) Fish, fish parts, chumming materials (bait) produced and 
discarded during routine fishing activities conducted in the Sanctuary; 
and
    (B) Water (including cooling water) and other biodegradable 
effluents incidental to use of a vessel in the Sanctuary and generated 
by: Marine sanitation devices approved by the United States Coast 
Guard; routine vessel maintenance, e.g., deck wash down; engine 
exhaust; or meals on board vessels.
    (ii) Depositing or discharging, from any location beyond the 
boundaries of the Sanctuary, material or other matter of any kind, 
except for the exclusions listed in paragraph (a)(1)(i) of this 
section, which enter the Sanctuary and injure a Sanctuary resource.
    (2) Removing, taking, or injuring or attempting to remove, take, or 
injure benthic invertebrates or algae located on Cordell Bank or within 
the 50 fathom isobath surrounding the Bank. 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. This 
prohibition does not apply to accidental removal, injury, or takings 
during normal fishing operations.
    (3) Exploring for, or developing or producing, oil, gas, or 
minerals in any area of the Sanctuary.
    (b) 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.
    (c) 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.


Sec. 922.112  Permit procedures and criteria.

    (a) If a person wishes to conduct an activity prohibited under 
Sec. 922.111, that person must apply for, receive, and have in 
possession on board any vessel used a valid permit issued pursuant to 
this section and Sec. 922.48 authorizing that person to conduct that 
activity.
    (b) Permit applications shall be addressed to the Director, Office 
of Ocean and Coastal Resource Management; ATTN: Manager, Cordell Bank 
National Marine Sanctuary, Fort Mason, Building #201, San Francisco, CA 
94123.
    (c) The Director, at his or her discretion, may issue a permit 
subject to such terms and conditions as deemed appropriate, to conduct 
an activity otherwise prohibited by Sec. 922.111, if the Director finds 
that the activity will further research related to Sanctuary resources; 
further the educational or 

[[Page 66888]]
historical 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 the management of 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 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 the values for which the Sanctuary was designated; 
and the end value of the applicant's overall activity.

Appendix A to subpart K of Part 922--Cordell Bank National Marine 
Sanctuary Boundary Coordinates

----------------------------------------------------------------------------------------------------------------
                Point No.                               Latitude                           Longitude            
----------------------------------------------------------------------------------------------------------------
1........................................  38 deg.15'51.72''                  123 deg.10'52.44''                
2........................................  38 deg.07'55.88''                  123 deg.38'33.53''                
3........................................  38 deg.06'45.21''                  123 deg.38'00.40''                
4........................................  38 deg.04'58.41''                  123 deg.37'14.34''                
5........................................  38 deg.04'28.22''                  123 deg.37'17.83''                
6........................................  38 deg.03'42.75''                  123 deg.36'55.66''                
7........................................  38 deg.03'11.10''                  123 deg.36'19.78''                
8........................................  38 deg.02'46.12''                  123 deg.36'21.98''                
9........................................  38 deg.02'02.74''                  123 deg.35'56.56''                
10.......................................  38 deg.01'27.10''                  123 deg.35'55.12''                
11.......................................  38 deg.01'22.28''                  123 deg.36'55.13''                
12.......................................  38 deg.01'11.54''                  123 deg.37'28.21''                
13.......................................  38 deg.00'49.16''                  123 deg.37'29.77''                
14.......................................  37 deg.59'54.49''                  123 deg.36'47.90''                
15.......................................  37 deg.59'12.39''                  123 deg.35'59.55''                
16.......................................  37 deg.58'39.40''                  123 deg.35'14.85''                
17.......................................  37 deg.58'00.57''                  123 deg.34'42.93''                
18.......................................  37 deg.57'18.99''                  123 deg.33'43.15''                
19.......................................  37 deg.56'56.42''                  123 deg.32'51.97''                
20.......................................  37 deg.56'18.90''                  123 deg.32'49.24''                
21.......................................  37 deg.55'22.37''                  123 deg.32'36.96''                
22.......................................  37 deg.54'26.10''                  123 deg.32'21.73''                
23.......................................  37 deg.53'07.46''                  123 deg.31'46.81''                
24.......................................  37 deg.52'34.93''                  123 deg.31'18.90''                
25.......................................  37 deg.51'42.81''                  123 deg.31'19.10''                
26.......................................  37 deg.50'59.58''                  123 deg.31'02.96''                
27.......................................  37 deg.48'49.14''                  123 deg.28'44.61''                
28.......................................  37 deg.49'22.64''                  123 deg.29'34.07''                
29.......................................  37 deg.48'49.14''                  123 deg.28'44.61''                
30.......................................  37 deg.48'36.95''                  123 deg.28'08.29''                
31.......................................  37 deg.48'03.37''                  123 deg.28'23.27''                
32.......................................  37 deg.47'41.54''                  123 deg.28'01.97''                
33.......................................  37 deg.47'01.78''                  123 deg.27'16.78''                
34.......................................  37 deg.46'51.92''                  123 deg.26'48.98''                
35.......................................  37 deg.46'13.20''                  123 deg.26'04.79''                
36.......................................  37 deg.46'00.73''                  123 deg.25'36.99''                
37.......................................  37 deg.50'25.31''                  123 deg.25'26.53''                
38.......................................  37 deg.54'32.28''                  123 deg.23'16.49''                
39.......................................  37 deg.57'45.71''                  123 deg.19'17.72''                
40.......................................  37 deg.59'29.27''                  123 deg.14'12.16''                
41.......................................  37 deg.59'43.71''                  123 deg.08'27.55''                
42.......................................  38 deg.03'10.20''                  123 deg.07'44.35''                
43.......................................  38 deg.04'01.64''                  123 deg.06'58.92''                
44.......................................  38 deg.08'33.32''                  123 deg.04'56.24''                
45.......................................  38 deg.12'42.06''                  123 deg.07'10.21''                
----------------------------------------------------------------------------------------------------------------

Subpart L--Flower Garden Banks National Marine Sanctuary


Sec. 922.120  Boundary.

    The Flower Garden Banks National Marine Sanctuary (the Sanctuary) 
consists of two separate areas of ocean waters over and surrounding the 
East and West Flower Garden Banks, 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 
(NM) south-southwest of Cameron, Louisiana, and encompasses 19.20 
NM\2\, and the area designated at the West Bank is located 
approximately 110 NM southeast of Galveston, Texas, and encompasses 
22.50 NM\2\. The two areas encompass a total of 41.70 NM\2\ (143.21 
square kilometers). The boundary coordinates for each area are listed 
in appendix A to this subpart.


Sec. 922.121  Definitions.

    In addition to those definitions found at Sec. 922.3, the following 
definition applies to this subpart:
    No-activity zone means one of 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 as areas 
in which activities associated with exploration for, development of, or 
production of hydrocarbons are prohibited. The precise coordinates of 
these areas are provided in appendix B of this subpart. These 
particular coordinates define the geographic scope of the ``no-activity 
zones'' for purposes of the regulations in this subpart. These 
coordinates are based on the ``\1/4\ \1/4\ \1/4\'' 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.


Sec. 922.122  Prohibited or otherwise regulated activities.

    (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 or otherwise mooring within the Sanctuary a vessel 
greater than 100 feet (30.48 meters) in registered length.
    (ii) Anchoring a vessel of less than or equal to 100 feet (30.48 
meters) in registered length within an area of the Sanctuary where a 
mooring buoy is available.
    (iii) Anchoring a vessel within the Sanctuary using more than 
fifteen feet (4.57 meters) of chain or wire rope attached to the 
anchor.
    (iv) Anchoring a vessel within the Sanctuary using anchor lines 
(exclusive of the anchor chain or wire rope permitted by paragraph 
(a)(4) of this section) other than those of a soft fiber or nylon, 
polypropylene, or similar material.
    (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 

[[Page 66889]]
Protection Act, as amended, 16 U.S.C. 1361 et seq., 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 Sec. 922.48 and Sec. 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 Sec. 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 
Sec. 922.48 and Sec. 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 after the January 18, 
1994 shall be invalid.


Sec. 922.123  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by 
Sec. 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 Sec. 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, 1716 Briarcrest 
Drive, Suite 702, Bryan, TX 77802.
    (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 Sec. 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.

Appendix A to Subpart L of Part 922--Flower Garden Banks National 
Marine Sanctuary Boundary Coordinates

    The boundary coordinates are based on geographic positions of the 
North American Datum of 1927 (NAD 27).

                                                                                                                

[[Page 66890]]
----------------------------------------------------------------------------------------------------------------
                Point No.                               Latitude                            Longitude           
----------------------------------------------------------------------------------------------------------------
                                            East Flower Garden Bank                                             
E-1......................................  27 deg.52'52.13''                   93 deg.37'40.52''                
E-2......................................  27 deg.53'33.81''                   93 deg.38'22.33''                
E-3......................................  27 deg.55'13.31''                   93 deg.38'39.07''                
E-4......................................  27 deg.57'30.14''                   93 deg.38'32.26''                
E-5......................................  27 deg.58'27.79''                   93 deg.37'42.93''                
E-6......................................  27 deg.59'00.29''                   93 deg.35'29.56''                
E-7......................................  27 deg.58'59.23''                   93 deg.35'09.91''                
E-8......................................  27 deg.55'20.23''                   93 deg.34'13.75''                
E-9......................................  27 deg.54'03.35''                   93 deg.34'18.42''                
E-10.....................................  27 deg.53'25.95''                   93 deg.35'03.79''                
E-11.....................................  27 deg.52'51.14''                   93 deg.36'57.59''                
                                                                                                                
                                             West Flower Garden Bank                                            
W-1......................................  27 deg.49'09.24''                   93 deg.50'43.35''                
W-2......................................  27 deg.50'10.23''                   93 deg.52'07.96''                
W-3......................................  27 deg.51'13.14''                   93 deg.52'50.68''                
W-4......................................  27 deg.51'31.24''                   93 deg.52'49.79''                
W-5......................................  27 deg.52'49.55''                   93 deg.52'21.89''                
W-6......................................  27 deg.54'59.08''                   93 deg.49'41.87''                
W-7......................................  27 deg.54'57.08''                   93 deg.48'38.52''                
W-8......................................  27 deg.54'33.46''                   93 deg.47'10.36''                
W-9......................................  27 deg.54'13.51''                   93 deg.46'48.96''                
W-10.....................................  27 deg.53'7.67''                    93 deg.46'50.67''                
W-11.....................................  27 deg.52'56.44''                   93 deg.47'14.10''                
W-12.....................................  27 deg.50'38.31''                   93 deg.47'22.86''                
W-13.....................................  27 deg.49'11.23''                   93 deg.48'42.59''                
----------------------------------------------------------------------------------------------------------------



Appendix B to Subpart L of Part 922--Coordinates for the Department 
of the Interior Topographic Lease Stipulations for OCS Lease Sale 
112

East Flower Garden Bank
Block A-366
    SE\1/4\, SW\1/4\; S\1/2\, NE\1/4\, SE\1/4\; SE\1/4\, NW\1/4\, SE\1/
4\; S\1/2\, SE\1/4\;
Block A-367
    W\1/2\, NW\1/4\, SW\1/4\; SW\1/4\, W\1/4\, SW\1/4\.
Block A-374
    W\1/2\, NW\1/4\, NW\1/4\; W\1/2\, SW\1/4\, NW\1/4\; SE\1/4\, SW\1/
4\, NW\1/4\; SW\1/4\, NE\1/4\, SW\1/4\; W\1/2\, SW\1/4\; W\1/2\, SE\1/
4\, SW\1/4\; SE\1/4\, SE\1/4\, SW\1/4\.
Block A-375
    E\1/2\; E\1/2\, NW\1/4\, NW\1/4\, SW\1/4\, NW\1/4\, NW\1/4\; E\1/
2\, SW\1/4\, NW\1/4\; NW\1/4\, SW\1/4\, NW\1/4\, SW\1/4\;
Block A-388
    NE\1/4\; E\1/2\, NW\1/4\; E\1/2\, NW\1/4\, NW\1/4\; NE\1/4\, SW\1/
4\, NW\1/4\; E\1/2\, SW\1/4\; E\1/2\, NE\1/4\, SW\1/4\; NW\1/4\, NE\1/
4\, SW\1/4\; NE\1/4\, NW\1/4\, SW\1/4\; NE\1/4\, SE\1/4\, SW\1/4\; 
NE\1/4\; NE\1/4\, SE\1/4\; W\1/2\, NE\1/4\, SE\1/4\; NW\1/4\, SE\1/4\; 
NE\1/4\, SW\1/4\, SE\1/4\;
Block A-389
    NE\1/4\, NW\1/4\; NW\1/4\, NW\1/4\; SW\1/4\, NW\1/4\; NE\1/4\, 
SE\1/4\, NW\1/4\; W\1/2\, SE\1/4\, NW\1/4\; N\1/2\, NW\1/4\, SW\1/4\.
West Flower Garden Bank
Block A-383
    E\1/2\, SE\1/4\, SE\1/4\; SW\1/2\, SE\1/4\, SE\1/4\.
Block A-384
    W\1/2\, SW\1/4\, NE\1/4\; SE\1/4\, SW\1/4\, NE\1/4\; S\1/2\, SE\1/
4\, NE\1/4\; SE\1/4\, NW\1/4\; E\1/2\, SW\1/4\; E\1/2\, NW\1/4\, SW\1/
4\; SW\1/4\, NW\1/4\, SW\1/4\; SW\1/4\, SW\1/4\; SE\1/4\.
Block A-385
    SW\1/4\, SW\1/4\, NW\1/4\; N\1/4\, SW\1/4\; NW\1/4\, SW\1/4\, SW\1/
4\.
Block A-397
    W\1/2\, W\1/2\, NW\1/4\; W\1/2\, NW\1/4\, SW\1/4\; NW\1/4\, SW\1/
4\, SW\1/4\.
Block A-398
    Entire block
Block A-399
    E\1/2\; SE\1/4\, NE\1/4\, NW\1/4\; E\1/2\, SE\1/4\, NW\1/4\; E\1/
2\, NE\1/4\, SW\1/4\; SW\1/4\, NE\1/4\, SW\1/4\; NE\1/4\, SE\1/4\, 
SW\1/4\.
Block A-401
    NE\1/4\, NE\1/4\; N\1/2\, NW\1/4\, NE\1/4\; NE\1/4\, SE\1/4\, NE\1/
4\.
Block A-Block 134
    That portion of the block north of a line connecting points 17 and 
18, defined under the universal transverse mercator grid system as 
follows: Point 17; X=1,378,080.00'; Y=10,096,183.00'; Point 18: 
X=1,376,079.41'; Y=10,096,183.00'; Block A-135
    That portion of the block northwest of a line connecting points 16 
and 17, defined under the universal transverse mercator grid system as 
follows: Point 16: X=1,383,293.84'; Y=10,103,281.93'; Point 17: 
X=1,378,080.00'; Y=10,096,183.00'.

Subpart M--Monterey Bay National Marine Sanctuary


Sec. 922.130  Boundary.

    (a) The Monterey Bay National Marine Sanctuary (Sanctuary) consists 
of an area of approximately 4,024 square nautical miles of coastal and 
ocean waters, and the submerged lands thereunder, in and surrounding 
Monterey Bay, off the central coast of California.
    (b) The northern terminus of the boundary is located along the 
southern boundary of the Point Reyes-Farallon Islands National Marine 
Sanctuary (PRNMS) and runs westward to approximately 123 deg.07'W. The 
boundary then extends south in an arc which generally follows the 500 
fathom isobath. At approximately 37 deg.03'N, the boundary arcs south 
to 122 deg.25'W, 36 deg.10'N, due west of Partington Point. The 
boundary again follows the 500 fathom isobath south to 121 deg.41'W, 
35 deg.33'N, due west of Cambria. The boundary then extends shoreward 
towards the mean high-water line. The landward boundary is defined by 
the mean high-water line between the PRNMS and Cambria, exclusive of a 
small area off the north coast of San Mateo County and the City and 
County of San Francisco between Point Bonita and Point San Pedro. 
Pillar Point, Santa Cruz, Moss Landing and Monterey harbors are 
excluded from the Sanctuary boundary shoreward from their respective 
International Collision at Sea regulation (Colreg.) demarcation lines 
except for Moss Landing Harbor, where all of Elkhorn Slough east of the 
Highway One bridge is included within the Sanctuary boundary. The 
boundary coordinates are listed in appendix A to this subpart.


Sec. 922.131  Definitions.

    In addition to those definitions found at Sec. 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.
    Motorized personal water craft means any motorized vessel that is 
less than fifteen feet in length as manufactured, is capable of 
exceeding a speed of fifteen knots, and has the capacity to carry not 
more than the operator and one other person while in operation. The 
term includes, but is not limited to, jet skis, wet bikes, surf jets, 
miniature speed boats, air boats, and hovercraft.


Sec. 922.132  Prohibited or otherwise regulated activities.

    (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) 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) 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 

[[Page 66891]]
(January 1, 1993), provided that the activity is pursuant to, and 
complies with the terms and conditions of, a valid Federal permit or 
approval existing on January 1, 1993.
    (ii) Discharging or depositing, from 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 (D) of this section and 
dredged material deposited at the authorized disposal sites described 
in appendix B 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) 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 kelp 
harvesting, aquaculture or 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) Aquaculture, kelp harvesting or traditional fishing 
operations;
    (iii) Installation of navigation aids;
    (iv) Harbor maintenance in the areas necessarily associated with 
Federal Projects in existence on January 1, 1993, including dredging of 
entrance channels and repair, replacement or rehabilitation of 
breakwaters and jetties; or
    (v) Construction, repair, replacement or rehabilitation of docks or 
piers.
    (5) Taking any marine mammal, sea turtle or seabird in or above the 
Sanctuary, except as permitted by regulations, as amended, promulgated 
under the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 
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) Flying motorized aircraft, except as necessary for valid law 
enforcement purposes, at less than 1000 feet above any of the four 
zones within the Sanctuary described in appendix C to this subpart.
    (7) Operating motorized personal water craft within the Sanctuary 
except within the four designated zones and access routes within the 
Sanctuary described in appendix D to this subpart.
    (8) 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, sea turtle or 
seabird taken in violation of regulations, as amended, promulgated 
under the MMPA, ESA or MBTA.
    (9) 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 (9) of this 
section do not apply to activities necessary to respond to emergencies 
threatening life, property or the environment.
    (c) (1) All Department of Defense activities shall 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 (9) 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, Suite D, Monterey, CA 
93940). New activities may be exempted from the prohibitions in 
paragraphs (a)(2) through (9) of this section by the Director after 
consultation between the Director and the Department of Defense.
    (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 respond to and mitigate the harm and, if possible, restore 
or replace the Sanctuary resource or quality.
    (d) The prohibitions in paragraphs (a) (2) through (8) 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 Sec. 922.48 and Sec. 922.133 or a Special Use 
permit issued pursuant to section 310 of the Act.
    (e) The prohibitions in paragraphs (a) (2) through (8) of this 
section do not apply to any activity authorized by any lease, permit, 
license, approval or other authorization issued after January 1, 1993 
and issued by any Federal, State or local authority of competent 
jurisdiction, provided that the applicant complies with Sec. 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 National Marine Sanctuary permit under 
Sec. 922.48 and Sec. 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; 
the discharge of primary-treated sewage within the Sanctuary (except by 
certification, pursuant to Sec. 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 after January 1, 1993 for any of these activities 
within the Sanctuary shall be invalid.


Sec. 922.113  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by Sec. 922.132 
(a)(2) through (8) if conducted in accordance with the scope, purpose, 
terms and conditions of a permit issued under this section and 
Sec. 922.48.
    (b) Applications for such permits should be addressed to the 
Director, Office of Ocean and Coastal Resource Management; ATTN: 
Manager, Monterey Bay National Marine Sanctuary, 299 Foam Street, Suite 
D, Monterey, CA 93940.
    (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 Sec. 922.132 (a)(2) through (8) 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; assist in 

[[Page 66892]]
managing the Sanctuary; or further salvage or recovery operations in 
connection with an abandoned shipwreck in the Sanctuary title to which 
is held by the State of California. 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 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.


Sec. 922.134  Notification and review.

    (a) The authority granted the Director under Sec. 922.49 to object 
to or impose terms or conditions on the exercise of any valid lease, 
permit, license, approval or other authorization issued after January 
1, 1993 may not be delegated or otherwise assigned to other Federal 
officials below the Director's level.
    (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 Sec. 13377 of the California 
Water Code; and
    (ii) Waste Discharge Requirements issued by the State of California 
under Sec. 13263 of the California Water Code.
    (2) The MOA specifies how the process of Sec. 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

                                                                        
            [Appendix based on North American datum of 1983.]           
------------------------------------------------------------------------
               Point                     Latitude          Longitude    
------------------------------------------------------------------------
1.................................  37 deg.52'56.0905                   
                                                  5''  122 deg.37'39.125
                                                                    64''
2.................................  37 deg.39'59.0617                   
                                                  6''  122 deg.45' 3.793
                                                                    07''
3.................................  37 deg.36'58.3916                   
                                                  4''  122 deg.46' 9.738
                                                                    71''
4.................................  37 deg.34'17.3022                   
                                                  4''  122 deg.48'14.381
                                                                    41''
5.................................  37 deg.31'47.5564                   
                                                  9''  122 deg.51'35.567
                                                                    69''
6.................................  37 deg.30'34.1103                   
                                                  0''  122 deg.54'22.121
                                                                    70''
7.................................  37 deg.29'39.0586                   
                                                  6''  123 deg.00'27.707
                                                                    92''
8.................................  37 deg.30'29.4760                   
                                                  3''  123 deg.05'46.227
                                                                    67''
9.................................  37 deg.31'17.6694                   
                                                  5''  123 deg.07'47.633
                                                                    63''
10................................  37 deg.27'10.9359                   
                                                  4''  123 deg.08'24.322
                                                                    10''
11................................  37 deg.20'35.3749                   
                                                  1''  123 deg.07'54.127
                                                                    63''
12................................  37 deg.13'50.2180                   
                                                  5''  123 deg.06'15.506
                                                                    00''
13................................  37 deg.07'48.7681                   
                                                  0''  123 deg.01'43.109
                                                                    94''
14................................  37 deg.03'46.6099                   
                                                  9''  122 deg.54'45.395
                                                                    13''
15................................  37 deg.02'06.3095                   
                                                  5''  122 deg.46'35.021
                                                                    25''
16................................  36 deg.55'17.5678                   
                                                  2''  122 deg.48'21.411
                                                                    21''
17................................  36 deg.48'22.7424                   
                                                  4''  122 deg.48'56.290
                                                                    07''
18................................  36 deg.41'30.9151                   
                                                  6''  122 deg.48'19.407
                                                                    39''
19................................  36 deg.34'45.7607                   
                                                  0''  122 deg.46'26.967
                                                                    72''
20................................  36 deg.28'24.1807                   
                                                  6''  122 deg.43'32.435
                                                                    27''
21................................  36 deg.22'20.7031                   
                                                  2''  122 deg.39'28.420
                                                                    26''
22................................  36 deg.16'43.9358                   
                                                  8''  122 deg.34'26.772
                                                                    55''
23................................  36 deg.11'44.5383                   
                                                  8''  122 deg.28'37.161
                                                                    41''
24................................  36 deg.07'26.8898                   
                                                  8''  122 deg.21'54.975
                                                                    41''
25................................  36 deg.04'07.0889                   
                                                  8''  122 deg.14'39.759
                                                                    24''
26................................  36 deg.01'28.2223                   
                                                  3''  122 deg.07'00.190
                                                                    68''
27................................  35 deg.59'45.4638                   
                                                  1''  121 deg.58'56.361
                                                                    89''
28................................  35 deg.58'59.1217                   
                                                  0''  121 deg.50'26.479
                                                                    31''
29................................  35 deg.58'53.6386                   
                                                  6''  121 deg.45'22.823
                                                                    63''
30................................  35 deg.55'45.6062                   
                                                  3''  121 deg.42'40.285
                                                                    40''
31................................  35 deg.50'15.8425                   
                                                  6''  121 deg.43'09.201
                                                                    93''
32................................  35 deg.43'14.2669                   
                                                  0''  121 deg.42'43.791
                                                                    21''
33................................  35 deg.35'41.8863                   
                                                  5''  121 deg.41'25.074
                                                                    14''
34................................  35 deg.33'11.7599                   
                                                  9''  121 deg.37'49.741
                                                                    92''
35................................  35 deg.33'17.4586                   
                                                  9''  121 deg.05'52.898
                                                                    91''
36................................  37 deg.35'39.7318                   
                                                  0''  122 deg.31'14.960
                                                                    33''
37................................  37 deg.36'49.2173                   
                                                  9''  122 deg.37'00.225
                                                                    77''
38................................  37 deg.46'00.9898                   
                                                  3''  122 deg.39'00.404
                                                                    66''
39................................  37 deg.49'05.6908                   
                                                  0''  122 deg.31'46.305
                                                                    42''
------------------------------------------------------------------------


[[Page 66893]]


Appendix B to Subpart M of Part 922--Dredged Material Disposal 
Sites Adjacent to the Monterey Bay National Marine Sanctuary

(Appendix based on 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:

                                                                        
------------------------------------------------------------------------
               Point                     Latitude          Longitude    
------------------------------------------------------------------------
1.................................     37 deg.45.875'    122 deg.34.140'
2.................................     37 deg.44.978'    122 deg.37.369'
3.................................     37 deg.44.491'    122 deg.37.159'
4.................................     37 deg.45.406'    122 deg.33.889'
5.................................     37 deg.45.875'    122 deg.34.140'
------------------------------------------------------------------------

    In addition, the U.S. Environmental Protection Agency, as of 
January 1, 1993, is (in consultation with the U.S. Army Corps of 
Engineers) in the process of establishing a dredged material disposal 
site outside the northern boundary of the Monterey Bay National Marine 
Sanctuary and within one of three study areas described in 57 FR 43310, 
Sept. 18, 1992. When that disposal site is authorized, this appendix 
will be updated to incorporate its precise location.

Appendix C to Subpart M of Part 992--Zones Within the Sanctuary 
Where Overflights Below 1000 Feet Are Prohibited

    The four zones are:
    (1) From mean high water out to three nautical miles (NM) between a 
line extending from Point Santa Cruz on a southwesterly heading of 
220 deg. and a line extending from 2.0 NM north of Pescadero Point on a 
southwesterly heading of 240 deg.;
    (2) From mean high water out to three NM between a line extending 
from the Carmel River mouth on a westerly heading of 270 deg. and a 
line extending due west along latitude 35 deg. 33'17.5612'' off of 
Cambria;
    (3) From mean high water and within a five NM arc drawn from a 
center point at the end of Moss Landing Pier; and
    (4) Over the waters of Elkhorn Slough east of the Highway On bridge 
to Elkhorn Road.

Appendix D to Subpart M of Part 922--Zones and Access Routes Within 
the Sancturary Where the Operation of Motorized Personal Watercraft 
Is Allowed

    The four zones and access routes are:
    (1) The approximately one [1.0] NM \2\ area off Pillar Point Harbor 
from launch ramp (37 deg.30' N, 122 deg.29' W) through harbor entrance 
to the northern boundary of Zone One bounded by (a) 37 deg.29.6' 
(breakwater buoy), 122 deg.29' W; (b) 37 deg.28.8' N (bell buoy), 
122 deg.28.9' W; (c) 37 deg.28.8' N, 122 deg.28' W; and (d) 
37 deg.29.6' N, 122 deg.28' W.
    (2) The approximately three [3.0] NM \2\ area off of Santa Cruz 
Small Craft Harbor ramp from 36 deg.57.4' N along a 100 yard wide 
access route due south along 122 deg. W to the northern boundary of 
Zone Two (marked by the whistle buoy at 10 fathom curve) bounded by (a) 
36 deg.55' N, 122 deg.02' W; (b) 36 deg.55' N, 121 deg.58' W; (c) 
36 deg.56.5' N, 121 deg.58' W; and (d) 36 deg.56.5' N, 122 deg.02' W;
    (3) The approximately five [5.0] NM \2\ area off of Moss Landing 
Harbor/Elkhorn Yacht Club Launch Ramp from 36 deg.48.5' N along a 100 
yard wide access route due west along harbor entrance to the eastern 
boundary of Zone Three bounded by (a) 36 deg.50' N, 121 deg.49.3' W; 
(b) 36 deg.50' N, 121 deg.50.8' W; (c) 36 deg.46.7' N, 121 deg.50.8' W; 
(d) 36 deg.46.7' N, 121 deg.49' W; (e) 36 deg.47.8' N, 121 deg.48.2' W; 
and (f) 36 deg.48.9' N, 121 deg.48.2' W; and
    (4) The approximately five [5.0] NM\2\ area off of the U.S. Coast 
Guard Pier (Monterey Harbor) Launch Ramp from 36 deg.36.5' N, 
121 deg.53.5' W along a 100 yard wide access route due north to the 
southern boundary of Zone Four bounded by (a) 36 deg.38.7' N, 
121 deg.55.4' W; (b) 36 deg.36.9' N, 121 deg.52.5' W; (c) 36 deg.38.3' 
N, 121 deg.51.3' W; and (d) 36 deg.40' N, 121 deg.54.4' W.

Subpart N--Stellwagen Bank National Marine Sanctuary


Sec. 922.140  Boundary.

    (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 deg.45'59.83''N x 70 deg.13'01.77''W (NE); 
42 deg.05'35.51''N x 70 deg.02'08.14''W (SE); 
42 deg.07'44.89''W x 70 deg.28'15.44''W (SW); 
42 deg.32'53.52''N x 70 deg.35'52.38''W (WNW); and 
42 deg.39'04.08''N x 70 deg.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 located at 42 deg.06'54.57''N x 70 deg.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.


Sec. 922.141  Definitions.

    In addition to those definitions found at Sec. 922.3, the following 
definitions apply to this subpart:
    Industrial material means mineral, as defined in Sec. 922.3.
    Traditional fishing means those commercial or recreational fishing 
methods which have been conducted in the past within the Sanctuary.

[[Page 66894]]



Sec. 922.142  Prohibited or otherwise regulated activities.

    (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)(l) (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 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 Diretor 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 Sec. 922.48 and Sec. 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 compiles with Sec. 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 qualifies. 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 Sec. 922.48 and 
Sec. 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 
Sec. 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.


Sec. 922.143  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by Sec. 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 and 
Sec. 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 Sec. 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 

[[Page 66895]]
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 an/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

----------------------------------------------------------------------------------------------------------------
                                                                                                   Loran        
                Pt.                          Latitude                  Longitude         -----------------------
                                                                                             9960W       9960X  
----------------------------------------------------------------------------------------------------------------
E1................................  42 deg.45'59.83''          70 deg.13'01.77''           13,607.19   25,728.57
E2................................  42 deg.05'35.51''          70 deg.02'08.14''           13,753.39   25,401.78
E3................................  42 deg.06'8.25''           70 deg.03'17.55''           13,756.72   25,412.46
E4................................  42 deg.06'2.53''           70 deg.04'03.36''           13,760.30   25,417.53
E5................................  42 deg.07'02.70''          70 deg.05'13.61''           13,764.52   25,427.27
E6................................  42 deg.07'13.0''           70 deg.06'23.75''           13,770.54   25,434.45
E7................................  42 deg.07'35.95''          70 deg.07'27.89''           13,775.08   25,442.51
E8................................  42 deg.07'42.33''          70 deg.08'26.07''           13,780.35   25,448.27
E9................................  42 deg.07'59.94''          70 deg.09'19.78''           13,784.24   25,455.02
E10...............................  42 deg.08'04.95''          70 deg.10'24.40''           13,790.27   25,461.28
E11...............................  42 deg.07'55.19''          70 deg.11'47.67''           13,799.38   25,467.56
E12...............................  42 deg.07'59.84''          70 deg.13'03.35''           13,806.58   25,474.95
E13...............................  42 deg.07'46.55''          70 deg.14'21.91''           13,815.52   25,480.62
E14...............................  42 deg.07'27.29''          70 deg.15'22.95''           13,823.21   25,484.05
E15...............................  42 deg.06'54.57''          70 deg.16'42.71''           13,833.88   25,487.79
E16...............................  42 deg.07'44.89''          70 deg.28'15.44''           13,900.14   25,563.22
E17...............................  42 deg.32'53.52''          70 deg.35'52.38''           13,821.60   25,773.51
E18...............................  42 deg.33'30.24''          70 deg.35'14.96''           13,814.43   25,773.54
E19...............................  42 deg.33'48.14''          70 deg.35'03.81''           13,811.68   25,774.28
E20...............................  42 deg.34'30.45''          70 deg.34'22.98''           13,803.64   25,774.59
E21...............................  42 deg.34'50.37''          70 deg.33'21.93''           13,795.43   25,770.55
E22...............................  42 deg.35'16.08''          70 deg.32'32.29''           13,787.92   25,768.31
E23...............................  42 deg.35'41.80''          70 deg.31'44.20''           13,780.57   25,766.25
E24...............................  42 deg.36'23.08''          70 deg.30'58.98''           13,772.14   25,766.14
E25...............................  42 deg.37'15.51''          70 deg.30'23.01''           13,763.69   25,768.12
E26...............................  42 deg.37'58.88''          70 deg.30'06.60''           13,758.09   25,771.07
E27...............................  42 deg.38'32.46''          70 deg.30'06.54''           13,755.07   25,774.58
E28...............................  42 deg.39'04.08''          70 deg.30'11.29''           13,752.75   25,778.35
----------------------------------------------------------------------------------------------------------------

Subpart O--Olympic Coast National Marine Sanctuary


Sec. 922.150  Boundary.

    (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.


Sec. 922.151  Definitions.

    In addition to those definitions found at Sec. 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 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.


Sec. 922.152  Prohibited or otherwise regulated activities.

    (a) Except as specified in paragraphs (b) through (g) of this 
section, the 

[[Page 66896]]
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 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.
    (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 Sec. 922.48 and Sec. 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 Sec. 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.

[[Page 66897]]

    (h) Notwithstanding paragraphs (e) and (g) of this section, in no 
event may the Director issue a National Marine Sanctuary permit under 
Sec. 922.48 and Sec. 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 Sec. 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.


Sec. 922.153  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by paragraphs (a) 
(2) through (7) of Sec. 922.152 if conducted in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and Sec. 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 
Sec. 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.
    (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.


Sec. 922.154  Consultation with the State of Washington, affected 
Indian tribes, and adjacent county governments.

    (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

------------------------------------------------------------------------
             Point                     Latitude            Longitude    
------------------------------------------------------------------------
1..............................  47 deg.07'45''       124 deg.11'02''   
2..............................  47 deg.07'45''       124 deg.58'12''   
3..............................  47 deg.35'05''       125 deg.00'00''   
4..............................  47 deg.40'05''       125 deg.04'44''   
5..............................  47 deg.50'01''       125 deg.05'42''   
6..............................  47 deg.57'13''       125 deg.29'13''   
7..............................  48 deg.07'33''       125 deg.38'20''   
8..............................  48 deg.15'00''       125 deg.40'54''   
9..............................  48 deg.18'21.2''     125 deg.30'02.9'' 
10.............................  48 deg.20'15.2''     125 deg.22'52.9'' 
11.............................  48 deg.26'46.2''     125 deg.09'16.9'' 
12.............................  48 deg.27'09.2''     125 deg.08'29.9'' 
13.............................  48 deg.28'08.2''     125 deg.05'51.9'' 
14.............................  48 deg.29'43.2''     125 deg.00'10.9'' 
15.............................  48 deg.29'56.2''     124 deg.59'19.9'' 
16.............................  48 deg.30'13.2''     124 deg.54'56.9'' 
17.............................  48 deg.30'21.2''     124 deg.50'25.9'' 
18.............................  48 deg.30'10.2''     124 deg.47'17.9'' 
19.............................  48 deg.29'36.4''     124 deg.43'38.1'' 
20.............................  48 deg.28'08''       124 deg.38'13''   
21.............................  48 deg.23'17''       124 deg.38'13''   
------------------------------------------------------------------------

    2. For the reasons set forth in the Preamble, and under the 
authority of 16 U.S.C. 1431 15 CFR Parts 924--Monitor Marine Sanctuary, 
925--Olympic Coast National Marine Sanctuary, 935--Channel Islands 
National Marine Sanctuary Regulations, 936--The Point Reyes/Farallon 
Islands Marine Sanctuary Regulations, 938--The Gray's Reef National 
Marine Sanctuary Regulations, 941--Fagatele Bay National Marine 
Sanctuary Regulations, 942--Cordell Bank National Marine Sanctuary, 
943--Flower Garden Banks National Marine Sanctuary, 940--Stellwagen 
Bank National Marine Sanctuary, and 944--Monterey Bay National Marine 
Sanctuary are removed.
[FR Doc. 30564 Filed 12-26-95; 8:45 am]
BILLING CODE 3510-08-M

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