Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66875

PART 91—GENERAL OPERATING AND

FLIGHT RULES

1. The authority citation for Part 91

continues to read as follows:

Authority: 49 U.S.C. 106(g), 1155, 40103,

40113, 40120, 44101, 44111, 44701, 44709,

44711, 44712, 44715, 44716, 44717, 44722,

46306, 46315, 46316, 46502, 46504, 46506,

46507, 47122, 47508, 47528–47531; articles

12 and 29 of the Convention on International

Civil Aviation 961 stat. 1180.

2. Section 91.157 is amended by

revising paragraph (b)(4) introductory

text to read as follows:

§ 91.157 Special VFR weather minimums.

* * * * *

(b) Special VFR operations may only

be conducted—

* * * * *

(4) Except for helicopters, between

sunrise and sunset (or in Alaska, when

the sun is 6 degrees or more below the

horizon) unless—

* * * * *

Issued in Washington, D.C. on December

18, 1995.

Harold W. Becker,

Acting Program Director for Air Traffic Rules

and Procedures.

[FR Doc. 95–31290 Filed 12–26–95; 8:45 am]

BILLING CODE 4910–13–M

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.

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: hsopher@ocean.nos.noaa.gov.

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
66876 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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.
66878 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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

§ 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.

§ 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.

§ 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 hindor 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.
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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, nonmetalliferous 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, brineseep 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 noncommercial 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.

§ 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)

§ 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 § 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

§ 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.

§ 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.
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(b) Selection of a site as an Active

Candidate shall begin the formal

Sanctuary designation-evaluation

process. A notice of intent to prepare a

draft environmental impact statement

shall be published in the Federal

Register and in newspapers in the

area(s) of local concern. A brief written

analysis describing the site shall be

provided. The Secretary, at any time,

may drop a site from consideration if

the Secretary determines that the site

does not meet the designation standards

and criteria set forth in the Act.

§ 922.22 Development of designation

materials.

(a) In designating a National Marine

Sanctuary, the Secretary shall prepare

the designation materials described in

section 304 of the Act.

(b) If a proposed Sanctuary includes

waters within the exclusive economic

zone, the Secretary shall notify the

appropriate Regional Fishery

Management Council(s) which shall

have one hundred and twenty (120)

days from the date of such notification

to make recommendations and, if

appropriate, prepare draft fishery

regulations and to submit them to the

Secretary. In preparing its

recommendations and draft regulations,

the Council(s) shall use as guidance the

national standards of section 301(a) of

the Magnuson Act (16 U.S.C. 1851) to

the extent that they are consistent and

compatible with the goals and objectives

of the proposed Sanctuary designation.

Fishery activities not proposed for

regulation under section 304(a)(5) of the

Act may be listed in the draft Sanctuary

designation document as potentially

subject to regulation, without following

the procedures specified in section

304(a)(5) of the Act. If the Secretary

subsequently determines that regulation

of any such fishery activity is necessary,

then the procedures specified in section

304(a)(5) of the Act shall be followed.

§ 922.23 Coordination with States and

other Federal agencies.

(a) The Secretary shall consult and

cooperate with affected States

throughout the National Marine

Sanctuary designation process. In

particular the Secretary shall:

(1) Consult with the relevant State

officials prior to selecting any site on

the SEL as an Active Candidate

pursuant to § 922.21, especially

concerning the relationship of any site

to State waters and the consistency of

the proposed designation with a

federally approved State coastal zone

management program. For the purposes

of a consistency review by States with

federally approved coastal zone

management programs, designation of a

National Marine Sanctuary is deemed to

be a Federal activity, which, if affecting

the State’s coastal zone, must be

undertaken in a manner consistent to

the maximum extent practicable with

the approved State coastal zone program

as provided by section 307(c)(1) of the

Coastal Zone Management Act of 1972,

as amended, and implementing

regulations at 15 CFR part 930, subpart.

(2) Ensure that relevant State agencies

are consulted prior to holding any

public hearings pursuant to section

304(a)(3) of the Act.

(3) Provide the Governor(s) of any

State(s) in which a proposed Sanctuary

would be located an opportunity to

certify the designation or any of its

terms as unacceptable as specified in

section 304(b)(1) of the Act.

(b) The Secretary shall develop

proposed regulations relating to

activities under the jurisdiction of one

or more other Federal agencies in

consultation with those agencies.

§ 922.24 Congressional documents.

In designating a National Marine

Sanctuary, the Secretary shall prepare

and submit to Congress those

documents described in section 304 of

the Act.

§ 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

§ 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.

§ 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

§ 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.

§ 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.

§ 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

§§ 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.

§ 922.43 Prohibited or otherwise regulated

activities.

Subparts F through O set forth sitespecific regulations applicable to the

activities specified therein.

§ 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
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66881

immediate temporary regulation,

including prohibition. The provisions of

this section do not apply to the Cordell

Bank National Marine Sanctuary. See

§ 922.111(c) for the authority to issue

emergency regulations with respect to

that Sanctuary.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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
66882 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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

§ 922.50.

§ 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 § 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 § 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

§ 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°00′23′′ north

latitude and 75°24′32′′ west longitude.

§ 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.

§ 922.62 Permit procedure and criteria.

(a) Any person or entity may conduct

in the Sanctuary any activity listed in

§ 922.61 if such activity is either: (1) For

the purpose of research related to the

Monitor, or (2) Pertains to salvage or

recovery operations in connection with

an air or marine casualty and such

person or entity is in possession of a

valid permit issued by the Director

authorizing the conduct of such activity;

except that, no permit is required for the

conduct of any activity immediately and

urgently necessary for the protection of

life, property or the environment.

(b) Any person or entity who wishes

to conduct in the Sanctuary an activity

for which a permit is authorized by this

section (hereafter a permitted activity)

may apply in writing to the Director for

a permit to conduct such activity citing

this section as the basis for the

application. Such application should be

made to: Director, Office of Ocean and

Coastal Resource Management; ATTN:

Manager, Monitor National Marine
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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

§ 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.

§ 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 § 922.48

and § 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.

§ 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

§ 922.48 may conduct any activity in the

Sanctuary prohibited under § 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.
66884 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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°56′28.959′′ 119°16′23.800′′

02 .... 33°58′03.919′′ 119°14′56.964′′

03 .... 34°01′33.846′′ 119°14′07.740′′

04 .... 34°04′24.203′′ 119°15′21.308′′

05 .... 34°06′06.653′′ 119°17′27.002′′

06 .... 34°06′54.809′′ 119°19′46.046′′

07 .... 34°06′57.988′′ 119°23′24.905′′

08 .... 34°06′51.627′′ 119°24′04.198′′

09 .... 34°07′01.640′′ 119°25′40.819′′′

10 .... 34°06′59.904′′ 119°26′50.959′′

11 .... 34°08′02.002′′ 119°28′47.501′′

12 .... 34°08′17.693′′ 119°29′27.698′′

13 .... 34°08′52.234′′ 119°30′39.562′′

14 .... 34°09′16.780′′ 119°35′22.667′′

15 .... 34°09′05.106′′ 119°36′41.694′′

16 .... 34°08′02.782′′ 119°39′33.421′′

17 .... 34°08′46.870′′ 119°41′48.621′′

18 .... 34°09′35.563′′ 119°45′57.284′′

19 .... 34°09′32.627′′ 119°46′37.335′′

20 .... 34°09′33.396′′ 119°47′32.285′′

21 .... 34°09′43.668′′ 119°48′09.018′′

22 .... 34°10′10.616′′ 119°50′07.659′′

23 .... 34°10′21.586′′ 119°51′05.146′′

24 .... 34°10′33.161′′ 119°53′17.044′′

25 .... 34°10′36.545′′ 119°55′57.373′′

26 .... 34°10′21.283′′ 119°57′26.403′′

27 .... 34°08′07.255′′ 120°01′07.233′′

28 .... 34°08′13.144′′ 120°02′27.930′′

29 .... 34°07′47.772′′ 120°05′05.449′′

30 .... 34°07′29.314′′ 120°06′36.262′′

31 .... 34°07′30.691′′ 120°09′35.238′′

32 .... 34°06′36.285′′ 120°12′39.335′′

33 .... 34°06′40.634′′ 120°13′33.940′′

34 .... 34°08′10.759′′ 120°15′07.017′′

35 .... 34°09′12.290′′ 120°17′07.046′′

35A .. 34°09′50.706′′ 120°17′31.649′′

36 .... 34°10′56.346′′ 120°18′40.520′′

36B .. 34°11′28.249′′ 120°19′29.213′′

37 .... 34°12′08.078′′ 120°21′00.835′′

37C .. 34°12′25.468′′ 120°25′01.261′′

38 .... 34°12′18.754′′ 120°25′39.373′′

38D .. 34°11′33.184′′ 120°27′33.921′′

39 .... 34°12′19.470′′ 120°30′22.620′′

39E .. 34°12′17.540′′ 120°32′19.959′′

40 .... 34°10′54.592′′ 120°35′57.887′′

40F .. 34°06′07.491′′ 120°38′27.883′′

41 .... 34°04′53.454′′ 120°38′16.602′′

41G .. 34°03′30.539′′ 120°37′39.442′′

42 .... 34°01′09.860′′ 120°35′04.808′′

42H .. 34°00′48.573′′ 120°34′25.106′′

43 .... 33°59′13.122′′ 120°33′53.385′′

44 .... 33°57′01.427′′ 120°31′54.590′′

45 .... 33°55′36.973′′ 120°27′37.188′′

46 .... 33°55′30.037′′ 120°25′14.587′′

47 .... 33°54′50.522′′ 120°22′29.536′′

48 .... 33°55′01.640′′ 120°19′26.722′′

49 .... 33°54′34.409′′ 120°18′27.344′′

50 .... 33°53′23.129′′ 120°17′39.927′′

51 .... 33°50′39.990′′ 120°15′13.874′′

52 .... 33°49′53.260′′ 120°13′41.904′′

53 .... 33°49′03.437′′ 120°12′06.750′′

54 .... 33°48′36.087′′ 120°11′10.821′′

55 .... 33°47′39.280′′ 120°07′59.707′′

56 .... 33°47′37.617′′ 120°06′04.002′′

57 .... 33°47′59.351′′ 120°04′08.370′′

58 .... 33°48′38.700′′ 120°02′33.188′′

59 .... 33°48′52.167′′ 120°01′50.244′′

Point

No. Latitude north Longitude west

60 .... 33°50′28.486′′ 119°57′50.820′′

61 .... 33°50′55.128′′ 119°55′19.934′′

62 .... 33°52′13.338′′ 119°52′53.439′′

63 .... 33°52′04.900′′ 119°52′10.719′′

64 .... 33°51′39.919′′ 119°47′21.152′′

65 .... 33°51′48.592′′ 119°46′13.213′′

66 .... 33°51′35.798′′ 119°44′34.589′′

67 .... 33°51′44.374′′ 119°41′12.738′′

68 .... 33°52′23.857′′ 119°39′14.708′′

69 .... 33°53′09.365′′ 119°37′30.784′′

70 .... 33°53′12.754′′ 119°35′35.793′′

71 .... 33°53′17.114′′ 119°34′54.567′′

72 .... 33°53′38.865′′ 119°32′51.578′′

73 .... 33°54′02.277′′ 119°31′06.274′′

74 .... 33°54′56.444′′ 119°28′54.052′′

75 .... 33°54′39.349′′ 119°27′37.512′′

76 .... 33°54′15.236′′ 119°25′23.779′′

77 .... 33°54′07.847′′ 119°24′22.849′′

78 .... 33°54′04.682′′ 119°22′58.006′′

79 .... 33°54′14.311′′ 119°21′44.573′′

80 .... 33°54′22.824′′ 119°21′09.003′′

81 .... 33°54′46.904′′ 119°19′54.677′′

82 .... 33°55′05.834′′ 119°19′16.027′′

Santa Barbara Island Section

83 .... 33°28′56.904′′ 119°10′04.092′′

84 .... 33°26′32.364′′ 119°10′01.328′′

85 .... 33°24′19.904′′ 119°08′52.236′′

86 .... 33°23′26.019′′ 119°07′54.826′′

87 .... 33°22′04.836′′ 119°05′16.716′′

88 .... 33°21′49.387′′ 119°04′01.551′′

89 .... 33°21′44.594′′ 119°02′49.887′′

90 .... 33°21′49.556′′ 119°01′37.839′′

91 .... 33°22′07.538′′ 118°59′49.357′′

92 .... 33°22′27.774′′ 118°58′51.623′′

93 .... 33°22′47.957′′ 118°58′07.633′′

94 .... 33°23′20.805′′ 118°57′14.375′′

95 .... 33°24′18.458′′ 118°56′08.450′′

96 .... 33°26′24.130′′ 118°54′51.352′′

97 .... 33°29′02.820′′ 118°54′22.276′′

98 .... 33°31′27.917′′ 118°54′50.367′′

99 .... 33°32′17.935′′ 118°55′18.396′′

100 .. 33°35′10.090′′ 118°59′40.091′′

101 .. 33°35′24.575′′ 119°01′22.108′′

102 .. 33°35′06.497′′ 119°03′59.463′′

103 .. 33°34′48.322′′ 119°05′03.374′′

104 .. 33°32′37.151′′ 119°08′37.201′′

105 .. 33°30′41.731′′ 119°09′45.845′′

Subpart H—Point Reyes/Farallon

Islands National Marine Sanctuary

§ 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.

§ 922.81 Definitions.

In addition to those definitions found

at § 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.

§ 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 § 922.48

and § 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 § 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 § 922.84.

(3) Except in connection with the

laying of pipelines or construction of an

outfall if certified in accordance with

§ 922.84:

(i) Constructing any structure other

than a navigation aid,

(ii) Drilling through the seabed, and
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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.

§ 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 §

922.48 may conduct any activity in the

Sanctuary, prohibited user § 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.

§ 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°15′50.349′′ 123°10′48.933′′

2 ...... 38°12′36.338′′ 123°07′04.846′′

3 ...... 38°09′57.033′′ 123°05′27.435′′

4 ...... 38°08′26.872′′ 123°04′52.524′′

5 ...... 38°07′42.125′′ 123°05′10.714′′

6 ...... 38°06′08.017′′ 123°05′48.920′′

7 ...... 38°05′26.765′′ 123°06′09.922′′

8 ...... 38°04′44.587′′ 123°06′29.251′′

9 ...... 38°03′54.439′′ 123°06′57.591′′

10 .... 38°03′07.527′′ 123°07′37.755′′

11 .... 37°59′32.425′′ 123°08′24.905′′

Point

No. Latitude north Longitude west

12 .... 37°59′22.344′′ 123°14′06.127′′

13 .... 37°57′31.931′′ 123°19′19.187′′

14 .... 37°54′16.943′′ 123°23′18.456′′

15 .... 37°50′05.522′′ 123°25′28.791′′

16 .... 37°45′33.799′′ 123°25′32.666′′

17 .... 37°41′20.351′′ 123°23′29.811′′

18 .... 37°38′01.053′′ 123°19′37.445′′

19 .... 37°36′04.665′′ 123°14′30.483′′

20 .... 37°35′30.191′′ 123°13′31.060′′

21 .... 37°33′47.197′′ 123°11′50.904′′

22 .... 37°31′12.270′′ 123°07′39.618′′

23 .... 37°30′29.706′′ 123°05′42.221′′

24 .... 37°29′39.287′′ 123°00′23.711′′

25 .... 37°30′34.337′′ 122°54′18.139′′

26 .... 37°31′47.784′′ 122°51′31.592′′

27 .... 37°34′17.533′′ 122°48′10.415′′

28 .... 37°36′58.627′′ 122°46′05.779′′

29 .... 37°39′59.303′′ 122°44′59.838′′

30 .... 37°52′56.355′′ 122°37′35.195′′

Subpart I—Gray’s Reef National Marine

Sanctuary

§ 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°21′45′′N, 80°55′17′′W, commencing

to coordinate 31°25′15′′N, 80°55′17′′W,

thence to coordinate 31°25′15′′N,

80°49′42′′W, thence to coordinate

31°21′45′′N, 80°49′42′′W, thence back to

the point of origin.

§ 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 § 922.48

and § 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.
66886 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

(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.

§ 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

§ 922.48 may conduct the specific

activity in the Sanctuary including any

activity specifically prohibited under

§ 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

§ 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.

§ 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°22′15′′ S, 170°46′5′′ W) and Steps

Point (14°22′44′′ S, 170°45′27′′ W). The

seaward boundary of the Sanctuary is

defined by a straight line between

Fagatele Point and Steps Point.

§ 922.102 Prohibited or otherwise

regulated activities.

(a) Except as may be necessary for

national defense or to respond to an

emergency threatening life, property, or

the environment, or as may be permitted

by the Director in accordance with

§ 922.48 and § 922.104, the following

activities are prohibited and thus are

unlawful for any person to conduct or

to cause to be conducted within the

Sanctuary:

(1)(i)(A) Gathering, taking, breaking,

cutting, damaging, destroying, or

possessing any invertebrate, coral,

bottom formation, or marine plant.

(B) Taking, gathering, cutting,

damaging, destroying, or possessing any

crown-of-thorns starfish (Acanthaster

planci).

(C) Possessing or using poisons,

electrical charges, explosives, or similar

environmentally destructive methods.

(D) Possessing or using spearguns,

including such devices known as

Hawaiian slings, pole spears, arbalettes,

pneumatic and spring-loaded spearguns,

bows and arrows, bang sticks, or any

similar taking device.

(E) Possessing or using a seine,

trammel net, or any type of fixed net.

(ii) There shall be a rebuttable

presumption that any items listed in

this paragraph (a)(1) found in the

possession of a person within the

Sanctuary have been used, collected, or

removed within or from the Sanctuary.

(2)(i) Operating a vessel closer than

200 feet (60.96 meters) from another

vessel displaying a dive flag at a speed

exceeding three knots.

(ii) Operating a vessel in a manner

which causes the vessel to strike or

otherwise cause damage to the natural

features of the Sanctuary.

(3) Diving or conducting diving

operations from a vessel not flying in a

conspicuous manner the international

code flag alpha ‘‘A.’’

(4) Littering, depositing, or

discharging, into the waters of the

Sanctuary, any material or other matter.

(5) Disturbing the benthic community

by dredging, filling, dynamiting, bottom

trawling, or otherwise altering the

seabed.

(6) Removing, damaging, or tampering

with any historical or cultural resource

within the boundary of the Sanctuary.

(7) Ensnaring, entrapping, or fishing

for any sea turtle listed as a threatened

or endangered species under the

Endangered Species Act of 1973, as

amended, 16 U.S.C. 1531 et seq.

(8) Except for law enforcement

purposes, using or discharging

explosives or weapons of any

description. Distress signaling devices,

necessary and proper for safe vessel

operation, and knives generally used by

fishermen and swimmers shall not be

considered weapons for purposes of this

section.

(9) Marking, defacing, or damaging in

any way, or displacing or removing or

tampering with any signs, notices, or

placards, whether temporary or

permanent, or with any monuments,

stakes, posts, or other boundary markers

related to the Sanctuary.

(b) In addition to those activities

prohibited or otherwise regulated under

paragraph (a) of this section, the

following activities are prohibited and

thus are unlawful for any person to

conduct or to cause to be conducted

landward of the straight line connecting

Fagatele Point (14°22′15′′ S, 170°46′5′′

W) and Matautuloa Benchmark

(14°22′18′′ S, 170°45′35′′ W).

(1) Possessing or using fishing poles,

handlines, or trawls.

(2) Fishing commercially.

§ 922.103 Management and enforcement.

The National Oceanic and

Atmospheric Administration (NOAA)

has primary responsibility for the
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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.

§ 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

§ 922.48, may conduct an activity

otherwise prohibited by § 922.102 in the

Sanctuary if such activity is judged not

to cause long-term or irreparable harm

to the resources of the Sanctuary, and is:

(1) Related to research involving

Sanctuary resources designed to

enhance understanding of the Sanctuary

environment or to improve resource

management decisionmaking;

(2) Intended to further the educational

value of the Sanctuary and thereby

enhance understanding of the Sanctuary

environmental or improve resource

management decisionmaking; or

(3) For salvage or recovery operations.

(b) Permit applications shall be

addressed to the Director, Office of

Ocean and Coastal Resource

Management; ATTN: Sanctuary

Coordinator, Fagatele Bay National

Marine Sanctuary, P.O. Box 4318, Pago

Pago, AS 96799.

(c) In considering whether to grant a

permit, the Director shall evaluate such

matters as:

(1) The general professional and

financial responsibility of the applicant;

(2) The appropriateness of the

methods being proposed for the

purpose(s) of the activity;

(3) The extent to which the conduct

of any permitted activity may diminish

or enhance the value of the Sanctuary as

a source of recreation, education, or

scientific information; and

(4) The end value of the activity.

(d) In addition to meeting the criteria

in this section and § 922.48, the

applicant also must demonstrate to the

Director that:

(1) The activity shall be conducted

with adequate safeguards for the

environment; and

(2) The environment shall be returned

to, or will regenerate to, the condition

which existed before the activity

occurred.

(e) The Director may, at his or her

discretion, grant a permit which has

been applied for pursuant to this

section, in whole or in part, and subject

the permit to such condition(s) as he or

she deems necessary. A permit granted

for research related to the Sanctuary

may include, but is not limited to, the

following conditions:

(1) The Director may observe any

activity permitted by this section;

(2) any information obtained in the

research site shall be made available to

the public; and

(3) The submission of one or more

reports of the status of such research

activity may be required.

Subpart K—Cordell Bank National

Marine Sanctuary

§ 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° 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.

§ 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 § 922.48 and § 922.112

or certified in accordance with § 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.

§ 922.112 Permit procedures and criteria.

(a) If a person wishes to conduct an

activity prohibited under § 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 § 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 § 922.111, if the

Director finds that the activity will

further research related to Sanctuary

resources; further the educational or
66888 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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°15′51.72′′ 123°10′52.44′′

2 ...... 38°07′55.88′′ 123°38′33.53′′

3 ...... 38°06′45.21′′ 123°38′00.40′′

4 ...... 38°04′58.41′′ 123°37′14.34′′

5 ...... 38°04′28.22′′ 123°37′17.83′′

6 ...... 38°03′42.75′′ 123°36′55.66′′

7 ...... 38°03′11.10′′ 123°36′19.78′′

8 ...... 38°02′46.12′′ 123°36′21.98′′

9 ...... 38°02′02.74′′ 123°35′56.56′′

10 .... 38°01′27.10′′ 123°35′55.12′′

11 .... 38°01′22.28′′ 123°36′55.13′′

12 .... 38°01′11.54′′ 123°37′28.21′′

13 .... 38°00′49.16′′ 123°37′29.77′′

14 .... 37°59′54.49′′ 123°36′47.90′′

15 .... 37°59′12.39′′ 123°35′59.55′′

16 .... 37°58′39.40′′ 123°35′14.85′′

17 .... 37°58′00.57′′ 123°34′42.93′′

18 .... 37°57′18.99′′ 123°33′43.15′′

19 .... 37°56′56.42′′ 123°32′51.97′′

20 .... 37°56′18.90′′ 123°32′49.24′′

21 .... 37°55′22.37′′ 123°32′36.96′′

22 .... 37°54′26.10′′ 123°32′21.73′′

23 .... 37°53′07.46′′ 123°31′46.81′′

24 .... 37°52′34.93′′ 123°31′18.90′′

25 .... 37°51′42.81′′ 123°31′19.10′′

26 .... 37°50′59.58′′ 123°31′02.96′′

27 .... 37°48′49.14′′ 123°28′44.61′′

28 .... 37°49′22.64′′ 123°29′34.07′′

29 .... 37°48′49.14′′ 123°28′44.61′′

30 .... 37°48′36.95′′ 123°28′08.29′′

31 .... 37°48′03.37′′ 123°28′23.27′′

32 .... 37°47′41.54′′ 123°28′01.97′′

33 .... 37°47′01.78′′ 123°27′16.78′′

34 .... 37°46′51.92′′ 123°26′48.98′′

35 .... 37°46′13.20′′ 123°26′04.79′′

36 .... 37°46′00.73′′ 123°25′36.99′′

37 .... 37°50′25.31′′ 123°25′26.53′′

38 .... 37°54′32.28′′ 123°23′16.49′′

39 .... 37°57′45.71′′ 123°19′17.72′′

40 .... 37°59′29.27′′ 123°14′12.16′′

41 .... 37°59′43.71′′ 123°08′27.55′′

42 .... 38°03′10.20′′ 123°07′44.35′′

43 .... 38°04′01.64′′ 123°06′58.92′′

44 .... 38°08′33.32′′ 123°04′56.24′′

45 .... 38°12′42.06′′ 123°07′10.21′′

Subpart L—Flower Garden Banks

National Marine Sanctuary

§ 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 NM2, and the area designated at

the West Bank is located approximately

110 NM southeast of Galveston, Texas,

and encompasses 22.50 NM2. The two

areas encompass a total of 41.70 NM2

(143.21 square kilometers). The

boundary coordinates for each area are

listed in appendix A to this subpart.

§ 922.121 Definitions.

In addition to those definitions found

at § 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.

§ 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
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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 § 922.48 and § 922.123 or a

Special Use permit issued pursuant to

section 310 of the Act.

(g) The prohibitions in paragraphs

(a)(2) through (10) of this section do not

apply to any activity authorized by any

lease, permit, license, approval or other

authorization issued after January 18,

1994, provided that the applicant

complies with § 922.49, the Director

notifies the applicant and authorizing

agency that he or she does not object to

issuance of the authorization, and the

applicant complies with any terms and

conditions the Director deems necessary

to protect Sanctuary resources and

qualities.

(h) Notwithstanding paragraphs (f)

and (g) of this section, in no event may

the Director issue a National Marine

Sanctuary permit under § 922.48 and

§ 922.123 or a Special Use permit under

section 10 of the Act authorizing, or

otherwise approve, the exploration for,

development of, or production of oil,

gas or minerals in a no-activity zone.

Any leases, permits, approvals, or other

authorizations authorizing the

exploration for, development of, or

production of oil, gas or minerals in a

no-activity zone and issued after the

January 18, 1994 shall be invalid.

§ 922.123 Permit procedures and criteria.

(a) A person may conduct an activity

prohibited by § 922.122(a)(2) through

(10) if conducted in accordance with the

scope, purpose, terms, and conditions of

a permit issued under this section and

§ 922.48.

(b) Applications for such permits

should be addressed to the Director,

Office of Ocean and Coastal Resource

Management; ATTN: Manager, Flower

Garden Banks National Marine

Sanctuary, 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 § 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).
66890 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

Point

No. Latitude Longitude

East Flower Garden Bank

E–1 ... 27°52′52.13′′ 93°37′40.52′′

E–2 ... 27°53′33.81′′ 93°38′22.33′′

E–3 ... 27°55′13.31′′ 93°38′39.07′′

E–4 ... 27°57′30.14′′ 93°38′32.26′′

E–5 ... 27°58′27.79′′ 93°37′42.93′′

E–6 ... 27°59′00.29′′ 93°35′29.56′′

E–7 ... 27°58′59.23′′ 93°35′09.91′′

E–8 ... 27°55′20.23′′ 93°34′13.75′′

E–9 ... 27°54′03.35′′ 93°34′18.42′′

E–10 . 27°53′25.95′′ 93°35′03.79′′

E–11 . 27°52′51.14′′ 93°36′57.59′′

West Flower Garden Bank

W–1 .. 27°49′09.24′′ 93°50′43.35′′

W–2 .. 27°50′10.23′′ 93°52′07.96′′

W–3 .. 27°51′13.14′′ 93°52′50.68′′

W–4 .. 27°51′31.24′′ 93°52′49.79′′

W–5 .. 27°52′49.55′′ 93°52′21.89′′

W–6 .. 27°54′59.08′′ 93°49′41.87′′

W–7 .. 27°54′57.08′′ 93°48′38.52′′

W–8 .. 27°54′33.46′′ 93°47′10.36′′

W–9 .. 27°54′13.51′′ 93°46′48.96′′

W–10 27°53′7.67′′ 93°46′50.67′′

W–11 27°52′56.44′′ 93°47′14.10′′

W–12 27°50′38.31′′ 93°47′22.86′′

W–13 27°49′11.23′′ 93°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

SE1⁄4, SW1⁄4; S1⁄2, NE1⁄4, SE1⁄4; SE1⁄4,

NW1⁄4, SE1⁄4; S1⁄2, SE1⁄4;

Block A–367

W1⁄2, NW1⁄4, SW1⁄4; SW1⁄4, W1⁄4,

SW1⁄4.

Block A–374

W1⁄2, NW1⁄4, NW1⁄4; W1⁄2, SW1⁄4,

NW1⁄4; SE1⁄4, SW1⁄4, NW1⁄4; SW1⁄4,

NE1⁄4, SW1⁄4; W1⁄2, SW1⁄4; W1⁄2,

SE1⁄4, SW1⁄4; SE1⁄4, SE1⁄4, SW1⁄4.

Block A–375

E1⁄2; E1⁄2, NW1⁄4, NW1⁄4, SW1⁄4, NW1⁄4,

NW1⁄4; E1⁄2, SW1⁄4, NW1⁄4; NW1⁄4,

SW1⁄4, NW1⁄4, SW1⁄4;

Block A–388

NE1⁄4; E1⁄2, NW1⁄4; E1⁄2, NW1⁄4, NW1⁄4;

NE1⁄4, SW1⁄4, NW1⁄4; E1⁄2, SW1⁄4;

E1⁄2, NE1⁄4, SW1⁄4; NW1⁄4, NE1⁄4,

SW1⁄4; NE1⁄4, NW1⁄4, SW1⁄4; NE1⁄4,

SE1⁄4, SW1⁄4; NE1⁄4; NE1⁄4, SE1⁄4;

W1⁄2, NE1⁄4, SE1⁄4; NW1⁄4, SE1⁄4;

NE1⁄4, SW1⁄4, SE1⁄4;

Block A–389

NE1⁄4, NW1⁄4; NW1⁄4, NW1⁄4; SW1⁄4,

NW1⁄4; NE1⁄4, SE1⁄4, NW1⁄4; W1⁄2,

SE1⁄4, NW1⁄4; N1⁄2, NW1⁄4, SW1⁄4.

West Flower Garden Bank

Block A–383

E1⁄2, SE1⁄4, SE1⁄4; SW1⁄2, SE1⁄4, SE1⁄4.

Block A–384

W1⁄2, SW1⁄4, NE1⁄4; SE1⁄4, SW1⁄4, NE1⁄4;

S1⁄2, SE1⁄4, NE1⁄4; SE1⁄4, NW1⁄4; E1⁄2,

SW1⁄4; E1⁄2, NW1⁄4, SW1⁄4; SW1⁄4,

NW1⁄4, SW1⁄4; SW1⁄4, SW1⁄4; SE1⁄4.

Block A–385

SW1⁄4, SW1⁄4, NW1⁄4; N1⁄4, SW1⁄4;

NW1⁄4, SW1⁄4, SW1⁄4.

Block A–397

W1⁄2, W1⁄2, NW1⁄4; W1⁄2, NW1⁄4, SW1⁄4;

NW1⁄4, SW1⁄4, SW1⁄4.

Block A–398

Entire block

Block A–399

E1⁄2; SE1⁄4, NE1⁄4, NW1⁄4; E1⁄2, SE1⁄4,

NW1⁄4; E1⁄2, NE1⁄4, SW1⁄4; SW1⁄4,

NE1⁄4, SW1⁄4; NE1⁄4, SE1⁄4, SW1⁄4.

Block A–401

NE1⁄4, NE1⁄4; N1⁄2, NW1⁄4, NE1⁄4; NE1⁄4,

SE1⁄4, NE1⁄4.

Block 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

§ 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°07′W. The boundary

then extends south in an arc which

generally follows the 500 fathom

isobath. At approximately 37°03′N, the

boundary arcs south to 122°25′W,

36°10′N, due west of Partington Point.

The boundary again follows the 500

fathom isobath south to 121°41′W,

35°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.

§ 922.131 Definitions.

In addition to those definitions found

at § 922.3, the following definitions

apply to this subpart:

Federal Project means any water

resources development project

conducted by the U.S. Army Corps of

Engineers or operating under a permit or

other authorization issued by the Corps

of Engineers and authorized by Federal

law.

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.

§ 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
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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 § 922.48 and § 922.133 or a

Special Use permit issued pursuant to

section 310 of the Act.

(e) The prohibitions in paragraphs (a)

(2) through (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 § 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 § 922.48 and

§ 922.133 or a Special Use permit under

section 310 of the Act authorizing, or

otherwise approve: the exploration for,

development or production of oil, gas or

minerals within the Sanctuary; the

discharge of primary-treated sewage

within the Sanctuary (except by

certification, pursuant to § 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.

§ 922.113 Permit procedures and criteria.

(a) A person may conduct an activity

prohibited by § 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

§ 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 § 922.132 (a)(2)

through (8) if the Director finds that the

activity will have only negligible shortterm 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
66892 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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.

§ 922.134 Notification and review.

(a) The authority granted the Director

under § 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

§ 13377 of the California Water Code;

and

(ii) Waste Discharge Requirements

issued by the State of California under

§ 13263 of the California Water Code.

(2) The MOA specifies how the

process of § 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°52′56.09055′′ 122°37′39.12564′′

2 ................................................................................................................................................................... 37°39′59.06176′′ 122°45′ 3.79307′′

3 ................................................................................................................................................................... 37°36′58.39164′′ 122°46′ 9.73871′′

4 ................................................................................................................................................................... 37°34′17.30224′′ 122°48′14.38141′′

5 ................................................................................................................................................................... 37°31′47.55649′′ 122°51′35.56769′′

6 ................................................................................................................................................................... 37°30′34.11030′′ 122°54′22.12170′′

7 ................................................................................................................................................................... 37°29′39.05866′′ 123°00′27.70792′′

8 ................................................................................................................................................................... 37°30′29.47603′′ 123°05′46.22767′′

9 ................................................................................................................................................................... 37°31′17.66945′′ 123°07′47.63363′′

10 ................................................................................................................................................................. 37°27′10.93594′′ 123°08′24.32210′′

11 ................................................................................................................................................................. 37°20′35.37491′′ 123°07′54.12763′′

12 ................................................................................................................................................................. 37°13′50.21805′′ 123°06′15.50600′′

13 ................................................................................................................................................................. 37°07′48.76810′′ 123°01′43.10994′′

14 ................................................................................................................................................................. 37°03′46.60999′′ 122°54′45.39513′′

15 ................................................................................................................................................................. 37°02′06.30955′′ 122°46′35.02125′′

16 ................................................................................................................................................................. 36°55′17.56782′′ 122°48′21.41121′′

17 ................................................................................................................................................................. 36°48′22.74244′′ 122°48′56.29007′′

18 ................................................................................................................................................................. 36°41′30.91516′′ 122°48′19.40739′′

19 ................................................................................................................................................................. 36°34′45.76070′′ 122°46′26.96772′′

20 ................................................................................................................................................................. 36°28′24.18076′′ 122°43′32.43527′′

21 ................................................................................................................................................................. 36°22′20.70312′′ 122°39′28.42026′′

22 ................................................................................................................................................................. 36°16′43.93588′′ 122°34′26.77255′′

23 ................................................................................................................................................................. 36°11′44.53838′′ 122°28′37.16141′′

24 ................................................................................................................................................................. 36°07′26.88988′′ 122°21′54.97541′′

25 ................................................................................................................................................................. 36°04′07.08898′′ 122°14′39.75924′′

26 ................................................................................................................................................................. 36°01′28.22233′′ 122°07′00.19068′′

27 ................................................................................................................................................................. 35°59′45.46381′′ 121°58′56.36189′′

28 ................................................................................................................................................................. 35°58′59.12170′′ 121°50′26.47931′′

29 ................................................................................................................................................................. 35°58′53.63866′′ 121°45′22.82363′′

30 ................................................................................................................................................................. 35°55′45.60623′′ 121°42′40.28540′′

31 ................................................................................................................................................................. 35°50′15.84256′′ 121°43′09.20193′′

32 ................................................................................................................................................................. 35°43′14.26690′′ 121°42′43.79121′′

33 ................................................................................................................................................................. 35°35′41.88635′′ 121°41′25.07414′′

34 ................................................................................................................................................................. 35°33′11.75999′′ 121°37′49.74192′′

35 ................................................................................................................................................................. 35°33′17.45869′′ 121°05′52.89891′′

36 ................................................................................................................................................................. 37°35′39.73180′′ 122°31′14.96033′′

37 ................................................................................................................................................................. 37°36′49.21739′′ 122°37′00.22577′′

38 ................................................................................................................................................................. 37°46′00.98983′′ 122°39′00.40466′′

39 ................................................................................................................................................................. 37°49′05.69080′′ 122°31′46.30542′′
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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°45.875′ 122°34.140′

2 ................................................................................................................................................................... 37°44.978′ 122°37.369′

3 ................................................................................................................................................................... 37°44.491′ 122°37.159′

4 ................................................................................................................................................................... 37°45.406′ 122°33.889′

5 ................................................................................................................................................................... 37°45.875′ 122°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° and a

line extending from 2.0 NM north of

Pescadero Point on a southwesterly

heading of 240°;

(2) From mean high water out to three

NM between a line extending from the

Carmel River mouth on a westerly

heading of 270° and a line extending

due west along latitude 35° 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°30′ N, 122°29′ W) through

harbor entrance to the northern

boundary of Zone One bounded by (a)

37°29.6′ (breakwater buoy), 122°29′ W;

(b) 37°28.8′ N (bell buoy), 122°28.9′ W;

(c) 37°28.8′ N, 122°28′ W; and (d)

37°29.6′ N, 122°28′ W.

(2) The approximately three [3.0]

NM 2 area off of Santa Cruz Small Craft

Harbor ramp from 36°57.4′ N along a

100 yard wide access route due south

along 122° W to the northern boundary

of Zone Two (marked by the whistle

buoy at 10 fathom curve) bounded by (a)

36°55′ N, 122°02′ W; (b) 36°55′ N,

121°58′ W; (c) 36°56.5′ N, 121°58′ W;

and (d) 36°56.5′ N, 122°02′ W;

(3) The approximately five [5.0] NM 2

area off of Moss Landing Harbor/

Elkhorn Yacht Club Launch Ramp from

36°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°50′ N, 121°49.3′ W;

(b) 36°50′ N, 121°50.8′ W; (c) 36°46.7′ N,

121°50.8′ W; (d) 36°46.7′ N, 121°49′ W;

(e) 36°47.8′ N, 121°48.2′ W; and (f)

36°48.9′ N, 121°48.2′ W; and

(4) The approximately five [5.0] NM2

area off of the U.S. Coast Guard Pier

(Monterey Harbor) Launch Ramp from

36°36.5′ N, 121°53.5′ W along a 100 yard

wide access route due north to the

southern boundary of Zone Four

bounded by (a) 36°38.7′ N, 121°55.4′ W;

(b) 36°36.9′ N, 121°52.5′ W; (c) 36°38.3′

N, 121°51.3′ W; and (d) 36°40′ N,

121°54.4′ W.

Subpart N—Stellwagen Bank National

Marine Sanctuary

§ 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 northnorthwest points:

42°45′59.83′′N×70°13′01.77′′W (NE);

42°05′35.51′′N×70°02′08.14′′W (SE);

42°07′44.89′′W×70°28′15.44′′W (SW);

42°32′53.52′′N×70°35′52.38′′W (WNW);

and 42°39′04.08′′N×70°30′11.29′′W

(NNW). The western border is formed

by a straight line connecting the most

southwest and the west-northwest

points of the Sanctuary. At the most

west-northwest point, the Sanctuary

border follows a line contiguous with

the three-mile jurisdictional boundary

of Massachusetts to the most northnorthwest point. From this point, the

northern border is formed by a straight

line connecting the most northnorthwest 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°06′54.57′′N x 70°16′42.7′′ W. From

that point, the southern border then

continues in a west-to-east direction

along a line contiguous with the threemile jurisdictional boundary of

Massachusetts until reaching the most

southeast point of the Sanctuary. The

boundary coordinates are listed in

appendix A to this subpart.

§ 922.141 Definitions.

In addition to those definitions found

at § 922.3, the following definitions

apply to this subpart:

Industrial material means mineral, as

defined in § 922.3.

Traditional fishing means those

commercial or recreational fishing

methods which have been conducted in

the past within the Sanctuary.
66894 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

§ 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 § 922.48 and § 922.143 or a

Special Use permit issued pursuant to

section 310 of the Act.

(e) The prohibitions in paragraphs

(a)(1) and (3) through (7) of this section

do not apply any activity authorized by

any lease, permit, license, approval or

other authorization issued after the

effective date of Sanctuary designation

(November 4, 1992) and issued by any

Federal, State or local authority of

competent jurisdiction, provided that

the applicant compiles with § 922.49,

the Director notifies the applicant and

authorizing agency that he or she does

not object to issuance of the

authorization, and the applicant

complies with any terms and conditions

the Director deems necessary to protect

Sanctuary resources and 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

§ 922.48 and § 922.143, or under section

310 of the act, authorizing, or otherwise

approving, the exploration for,

development or production of industrial

materials within the Sanctuary, or the

disposal of dredged materials within the

Sanctuary (except by a certification,

pursuant to § 922.47, of valid

authorizations in existence on

November 4, 1992) and any leases,

licenses, permits, approvals or other

authorizations authorizing the

exploration for, development or

production of industrial materials in the

Sanctuary issued by other authorities

after November 4, 1992, shall be invalid.

§ 922.143 Permit procedures and criteria.

(a) A person may conduct an activity

prohibited by § 922.142 (a) (1) and (3)

through (7) if conducted in accordance

with scope, purpose, manner, terms and

conditions of a permit issued under this

section and § 922.48.

(b) Applications for such permits

should be addressed to the Director,

Office of Ocean and Coastal Resource

Management; ATTN: Manager,

Stellwagen Bank National Marine

Sanctuary, 14 Union Street, Plymouth,

MA 02360.

(c) The Director, at his or her

discretion may issue a permit, subject to

such terms and conditions as he or she

deems appropriate, to conduct an

activity prohibited by § 922.142(a) (1)

and (3) through (7), if the Director finds

that the activity will have only

negligible short-term adverse effects on

Sanctuary resources and qualities and

will: further research related to

Sanctuary resources and qualities;

further the educational, natural or

historical resource value of the

Sanctuary; further salvage or recovery

operations in or near the Sanctuary in

connection with a recent air or marine

casualty; or assist in managing the

Sanctuary. In deciding whether to issue

a permit, the Director may consider

such factors as: the professional

qualifications and financial ability of

the applicant as related to the proposed

activity; the duration of the activity and

the duration of its effects; the

appropriateness of the methods and

procedures proposed by the applicant
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 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

[Appendix Based on North American Datum of 1927]

Pt. Latitude Longitude

Loran

9960W 9960X

E1 ........................................................................................................................... 42°45′59.83′′ 70°13′01.77′′ 13,607.19 25,728.57

E2 ........................................................................................................................... 42°05′35.51′′ 70°02′08.14′′ 13,753.39 25,401.78

E3 ........................................................................................................................... 42°06′8.25′′ 70°03′17.55′′ 13,756.72 25,412.46

E4 ........................................................................................................................... 42°06′2.53′′ 70°04′03.36′′ 13,760.30 25,417.53

E5 ........................................................................................................................... 42°07′02.70′′ 70°05′13.61′′ 13,764.52 25,427.27

E6 ........................................................................................................................... 42°07′13.0′′ 70°06′23.75′′ 13,770.54 25,434.45

E7 ........................................................................................................................... 42°07′35.95′′ 70°07′27.89′′ 13,775.08 25,442.51

E8 ........................................................................................................................... 42°07′42.33′′ 70°08′26.07′′ 13,780.35 25,448.27

E9 ........................................................................................................................... 42°07′59.94′′ 70°09′19.78′′ 13,784.24 25,455.02

E10 ......................................................................................................................... 42°08′04.95′′ 70°10′24.40′′ 13,790.27 25,461.28

E11 ......................................................................................................................... 42°07′55.19′′ 70°11′47.67′′ 13,799.38 25,467.56

E12 ......................................................................................................................... 42°07′59.84′′ 70°13′03.35′′ 13,806.58 25,474.95

E13 ......................................................................................................................... 42°07′46.55′′ 70°14′21.91′′ 13,815.52 25,480.62

E14 ......................................................................................................................... 42°07′27.29′′ 70°15′22.95′′ 13,823.21 25,484.05

E15 ......................................................................................................................... 42°06′54.57′′ 70°16′42.71′′ 13,833.88 25,487.79

E16 ......................................................................................................................... 42°07′44.89′′ 70°28′15.44′′ 13,900.14 25,563.22

E17 ......................................................................................................................... 42°32′53.52′′ 70°35′52.38′′ 13,821.60 25,773.51

E18 ......................................................................................................................... 42°33′30.24′′ 70°35′14.96′′ 13,814.43 25,773.54

E19 ......................................................................................................................... 42°33′48.14′′ 70°35′03.81′′ 13,811.68 25,774.28

E20 ......................................................................................................................... 42°34′30.45′′ 70°34′22.98′′ 13,803.64 25,774.59

E21 ......................................................................................................................... 42°34′50.37′′ 70°33′21.93′′ 13,795.43 25,770.55

E22 ......................................................................................................................... 42°35′16.08′′ 70°32′32.29′′ 13,787.92 25,768.31

E23 ......................................................................................................................... 42°35′41.80′′ 70°31′44.20′′ 13,780.57 25,766.25

E24 ......................................................................................................................... 42°36′23.08′′ 70°30′58.98′′ 13,772.14 25,766.14

E25 ......................................................................................................................... 42°37′15.51′′ 70°30′23.01′′ 13,763.69 25,768.12

E26 ......................................................................................................................... 42°37′58.88′′ 70°30′06.60′′ 13,758.09 25,771.07

E27 ......................................................................................................................... 42°38′32.46′′ 70°30′06.54′′ 13,755.07 25,774.58

E28 ......................................................................................................................... 42°39′04.08′′ 70°30′11.29′′ 13,752.75 25,778.35

Subpart O—Olympic Coast National

Marine Sanctuary

§ 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.

§ 922.151 Definitions.

In addition to those definitions found

at § 922.3, the following definitions

apply to this subpart:

Federal Project means any water

resources development project

conducted by the U.S. Army Corps of

Engineers or operating under a permit or

other authorization issued by the Corps

of Engineers and authorized by Federal

law.

Indian reservation means a tract of

land set aside by the Federal

Government for use by a Federally

recognized American Indian tribe and

includes, but is not limited to, the

Makah, Quileute, Hoh and Quinault

Reservations.

Traditional fishing means fishing

using a commercial or recreational

fishing method that has been used in the

Sanctuary before the effective date of

Sanctuary designation (July 22, 1994),

including the retrieval of fishing gear.

Treaty means a formal agreement

between the United States Government

and an Indian tribe.

§ 922.152 Prohibited or otherwise

regulated activities.

(a) Except as specified in paragraphs

(b) through (g) of this section, the
66896 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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 § 922.48 and § 922.153 or a

Special Use permit issued pursuant to

section 310 of the Act.

(f) Members of a federally recognized

Indian tribe may exercise aboriginal and

treaty-secured rights, subject to the

requirements of other applicable law,

without regard to the requirements of

this part. The Director may consult with

the governing body of a tribe regarding

ways the tribe may exercise such rights

consistent with the purposes of the

Sanctuary.

(g) The prohibitions in paragraphs (a)

(2) through (7) of this section do not

apply to any activity authorized by any

lease, permit, license, or other

authorization issued after July 22, 1994

and issued by any Federal, State or local

authority of competent jurisdiction,

provided that the applicant complies

with § 922.49, the Director notifies the

applicant and authorizing agency that

he or she does not object to issuance of

the authorization, and the applicant

complies with any terms and conditions

the Director deems necessary to protect

Sanctuary resources and qualities.

Amendments, renewals and extensions

of authorizations in existence on the

effective date of designation constitute

authorizations issued after the effective

date.
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66897

(h) Notwithstanding paragraphs (e)

and (g) of this section, in no event may

the Director issue a National Marine

Sanctuary permit under § 922.48 and

§ 922.153 or a Special Use permit under

section 310 of the Act authorizing, or

otherwise approve: The exploration for,

development or production of oil, gas or

minerals within the Sanctuary; the

discharge of primary-treated sewage

within the Sanctuary (except by

certification, pursuant to § 922.47, of

valid authorizations in existence on July

22, 1994 and issued by other authorities

of competent jurisdiction); the disposal

of dredged material within the

Sanctuary other than in connection with

beach nourishment projects related to

harbor maintenance activities; or

bombing activities within the Sanctuary.

Any purported authorizations issued by

other authorities after July 22, 1994 for

any of these activities within the

Sanctuary shall be invalid.

§ 922.153 Permit procedures and criteria.

(a) A person may conduct an activity

prohibited by paragraphs (a) (2) through

(7) of § 922.152 if conducted in

accordance with the scope, purpose,

terms and conditions of a permit issued

under this section and § 922.48.

(b) Applications for such permits

should be addressed to the Director,

Office of Ocean and Coastal Resource

Management; ATTN: Manager, Olympic

Coast National Marine Sanctuary, 138

West First Street, Port Angeles, WA

98362.

(c) The Director, at his or her

discretion, may issue a permit, subject

to such terms and conditions as he or

her deems appropriate, to conduct an

activity prohibited by paragraphs (a) (2)

through (7) of § 922.152, if the Director

finds that the activity will not

substantially injure Sanctuary resources

and qualities and will: further research

related to Sanctuary resources and

qualities; further the educational,

natural or historical resource value of

the Sanctuary; further salvage or

recovery operations in or near the

Sanctuary in connection with a recent

air or marine casualty; assist in

managing the Sanctuary; further salvage

or recovery operations in connection

with an abandoned shipwreck in the

Sanctuary title to which is held by the

State of Washington; or promote the

welfare of any Indian tribe adjacent to

the Sanctuary. In deciding whether to

issue a permit, the Director may

consider such factors as: the

professional qualifications and financial

ability of the applicant as related to the

proposed activity; the duration of the

activity and the duration of its effects;

the appropriateness of the methods and

procedures proposed by the applicant

for the conduct of the activity; the

extent to which the conduct of the

activity may diminish or enhance

Sanctuary resources and qualities; the

cumulative effects of the activity; the

end value of the activity; and the

impacts of the activity on adjacent

Indian tribes. Where the issuance or

denial of a permit is requested by the

governing body of an Indian tribe, the

Director shall consider and protect the

interests of the tribe to the fullest extent

practicable in keeping with the

purposes of the Sanctuary and his or her

fiduciary duties to the tribe. The

Director may also deny a permit

application pursuant to this section, in

whole or in part, if it is determined that

the permittee or applicant has acted in

violation of the terms or conditions of

a permit or of the regulations in this

subpart. In addition, the Director may

consider such other factors as he or she

deems appropriate.

(d) It shall be a condition of any

permit issued that the permit or a copy

thereof be displayed on board all vessels

or aircraft used in the conduct of the

activity.

(e) The Director may, inter alia, make

it a condition of any permit issued that

any data or information obtained under

the permit be made available to the

public.

(f) The Director may, inter alia, make

it a condition of any permit issued that

a NOAA official be allowed to observe

any activity conducted under the permit

and/or that the permit holder submit

one or more reports on the status,

progress or results of any activity

authorized by the permit.

(g) The Director shall obtain the

express written consent of the governing

body of an Indian tribe prior to issuing

a permit, if the proposed activity

involves or affects resources of cultural

or historical significance to the tribe.

(h) Removal, or attempted removal of

any Indian cultural resource or artifact

may only occur with the express written

consent of the governing body of the

tribe or tribes to which such resource or

artifact pertains, and certification by the

Director that such activities occur in a

manner that minimizes damage to the

biological and archeological resources.

Prior to permitting entry onto a

significant cultural site designated by a

tribal governing body, the Director shall

require the express written consent of

the governing body of the tribe or tribes

to which such cultural site pertains.

§ 922.154 Consultation with the State of

Washington, affected Indian tribes, and

adjacent county governments.

(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

[Based on North American Datum of 1983]

Point Latitude Longitude

1 .................... 47°07′45′′ 124°11′02′′

2 .................... 47°07′45′′ 124°58′12′′

3 .................... 47°35′05′′ 125°00′00′′

4 .................... 47°40′05′′ 125°04′44′′

5 .................... 47°50′01′′ 125°05′42′′

6 .................... 47°57′13′′ 125°29′13′′

7 .................... 48°07′33′′ 125°38′20′′

8 .................... 48°15′00′′ 125°40′54′′

9 .................... 48°18′21.2′′ 125°30′02.9′′

10 .................. 48°20′15.2′′ 125°22′52.9′′

11 .................. 48°26′46.2′′ 125°09′16.9′′

12 .................. 48°27′09.2′′ 125°08′29.9′′

13 .................. 48°28′08.2′′ 125°05′51.9′′

14 .................. 48°29′43.2′′ 125°00′10.9′′

15 .................. 48°29′56.2′′ 124°59′19.9′′

16 .................. 48°30′13.2′′ 124°54′56.9′′

17 .................. 48°30′21.2′′ 124°50′25.9′′

18 .................. 48°30′10.2′′ 124°47′17.9′′

19 .................. 48°29′36.4′′ 124°43′38.1′′

20 .................. 48°28′08′′ 124°38′13′′

21 .................. 48°23′17′′ 124°38′13′′

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