[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29606-29641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09626]



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Vol. 87

Friday,

No. 93

May 13, 2022

Part IV





Department of Commerce





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National Oceanic and Atmospheric Administration





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15 CFR Part 922





Amendments to National Marine Sanctuary Regulations; Interim Final Rule

Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and 
Regulations

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 220415-0098]
RIN 0648-AV85


Amendments to National Marine Sanctuary Regulations

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Interim final rule; request for comments

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
amending the National Marine Sanctuaries program regulations. This 
interim final rule updates and reorganizes the existing regulations, 
eliminates redundancies across the sanctuary regulations, eliminates 
outmoded regulations, adopts standard boundary descriptions, and 
consolidates general regulations and permitting procedures. This rule 
adopts, with minor revisions and technical changes, the proposed rule 
previously published in the Federal Register on January 28, 2013, and 
provides further opportunity for comment.

DATES: 
    Effective date: This interim final rule is effective on June 27, 
2022.
    Comments due date: Comments must be received by NOAA on or before 
June 13, 2022.

ADDRESSES: You may submit comments, identified by NOAA-NOS-2011-0120, 
by the following method:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and search for docket NOAA-NOS-2011-0120. Click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
    Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, will not 
be considered by NOAA. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NOAA will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Vicki Wedell, NOAA Office of National 
Marine Sanctuaries, (240) 533-0650, <a href="/cdn-cgi/l/email-protection#7c2a151f1715522b19181910103c12131d1d521b130a"><span class="__cf_email__" data-cfemail="d583bcb6bebcfb82b0b1b0b9b995bbbab4b4fbb2baa3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Request for Comments

    In 1972, Congress passed the National Marine Sanctuaries Act 
(NMSA), which established the National Marine Sanctuary System 
(System). The NMSA authorizes the Secretary of Commerce (Secretary) to 
designate, manage, and protect, as a national marine sanctuary (NMS), 
any area of the marine environment that is of special national 
significance due to its conservation, recreational, ecological, 
historical, scientific, cultural, archeological, educational, or 
esthetic qualities (16 U.S.C. 1431 et seq.). Since the NMSA was 
enacted, fifteen national marine sanctuaries have been designated. Day-
to-day management of the System is delegated from the Secretary to 
NOAA's Office of National Marine Sanctuaries (ONMS). Regulations 
implementing the NMSA are codified in Title 15, Part 922 of the Code of 
Federal Regulations (CFR). Part 922 includes general regulations 
applicable to all sanctuaries (subparts A through E) and site-specific 
regulations that relate to each individual sanctuary (subparts F 
through T).
    As the System evolved and new sanctuaries were designated, 
corresponding changes were made to the general and site-specific 
regulations. In certain instances, these changes produced redundant, 
inconsistent, outdated, or conflicting regulatory provisions. This rule 
updates both the general and site-specific regulations, making them 
more consistent, uniform, concise, organized, and understandable by:
    <bullet> Reorganizing and consolidating existing general 
regulations published in subparts A (General), B (Sanctuary Nomination 
Process), C (Designation of National Marine Sanctuaries), D (Management 
Plan Development and Implementation, and E (Regulations of General 
Applicability) into a new subpart A (Regulations of General 
Applicability);
    <bullet> Updating and consolidating sanctuary permitting procedures 
and requirements into a new subpart D (National Marine Sanctuary 
Permitting), which applies to all sanctuaries unless expressly stated 
in subpart D or the site-specific regulations;
    <bullet> Reserving subparts B, C, and E; and
    <bullet> Making non-substantive, administrative changes to the 
site-specific sanctuary regulations set forth in subparts F through T 
of 15 CFR part 922.
    This rulemaking was originally part of NOAA's effort to carry out 
the directive set forth in Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' issued on January 18, 2011. This 
Executive Order directed all agencies to conduct a retrospective 
analysis of existing significant regulations and modify, repeal, or 
streamline (as deemed appropriate) any regulations that might be 
outmoded, ineffective, insufficient, or excessively burdensome. NOAA 
conducted a comprehensive review and analysis of the sanctuary 
regulations as directed and published a notice of proposed rulemaking 
(78 FR 5998, January 28, 2013). The 60-day comment period on the 
proposed rule closed on March 29, 2013. NOAA received 28 written public 
comments on the proposed rule, which may be viewed on 
www.regulations.gov, under docket ID NOAA-NOS-2011-0120. After 
reviewing the comments, NOAA in this interim final rule has made minor 
revisions and technical changes to the rule as proposed. NOAA responses 
to the public comments are set forth below in Section IV. Responses to 
Comments.
    Although several years have passed since the proposed rule was 
published, NOAA believes that the organizational and clarifying changes 
contained in the proposed rule remain relevant and useful, and will 
make it easier for stakeholders and the public to understand and 
navigate the NMSA regulations. Indeed, any changes in the NMS landscape 
since the proposed rule was published likely only makes this rule more 
useful. Nonetheless, in recognition of the time that has elapsed since 
the proposed rule, NOAA is issuing this rule as an Interim Final Rule, 
adopting a 45-day delay in the effective date, and seeking additional 
public comments to provide NOAA with a further opportunity to consider 
the potential impact, including any relevant new issues or concerns 
that may have arisen in the years since the rule was proposed. While 
this is an Interim Final Rule, NOAA is not relying on ``good cause'' 
under the Administrative Procedure Act, 5 U.S.C. 553(b)(B) because NOAA 
has issued a proposed rule and responded to the comments received on 
the proposed rule.
    NOAA encourages interested persons to submit comments on this 
interim final rule. NOAA will consider all comments received during the 
comment

[[Page 29607]]

period, and may modify the rule in view of the comments, as 
appropriate.

II. History of This Rulemaking and Summary of the Changes From the 
Proposed Rule to This Interim Final Rule

    In the proposed rule published in January 2013, NOAA anticipated 
that changes to the final rule might be necessary (78 FR 5998, January 
28, 2013). Scoping for regulatory revisions to the Florida Keys NMS, 
Thunder Bay NMS, Hawaiian Islands Humpback Whale NMS, and Monitor NMS 
were concurrently underway. In the years following the publication of 
the proposed rule, NOAA finalized other revisions to the general and 
site-specific sanctuary regulations as follows:
    2014: Amended the Thunder Bay regulations (79 FR 52960, September 
5, 2014); Established a new Sanctuary Nomination Process (79 FR 33851, 
June 13, 2014); and Updated the regulations and management plan for 
Gray's Reef NMS (79 FR 41879, July 18, 2014).
    2015 and 2018: Revised the Greater Farallones (formerly the Gulf of 
the Farallones) NMS and Cordell Bank NMS regulations (80 FR 13077, 
March 12, 2015, 83 FR 55956, November 9, 2018).
    2016: Withdrew the Hawaiian Humpback Whale proposed amendments (81 
FR 13303, March 14, 2016).
    2019: Designated a new sanctuary, Mallows Bay-Potomac River NMS (84 
FR 32586, September 26, 2019).
    2021: Expanded Flower Garden Banks NMS (86 FR 4937, January 19, 
2021); and designated a new sanctuary, Wisconsin Shipwreck Coast NMS 
(86 FR 32737, June 23, 2021).
    During the intervening time between the proposed and this interim 
final rule, NOAA commenced several regulatory actions that took higher 
or competing precedence over finalizing this rule. NOAA geographically 
expanded and revised regulations for four sanctuaries (Thunder Bay NMS, 
Greater Farallones NMS, Cordell Bank NMS, and Flower Garden Banks NMS). 
NOAA also completed the management plan review and revised regulations 
for Gray's Reef NMS. NOAA proposed and ultimately withdrew an expansion 
for Hawaiian Islands Humpback Whale NMS. NOAA also established a new 
sanctuary nomination process and designated two new sanctuaries 
(Mallows Bay-Potomac River and Wisconsin Shipwreck Coast NMS). Each of 
these rulemakings involve changes to the general and site-specific 
regulations. As such, choosing an ideal time to finalize this 
regulatory action presented logistical challenges. In this rule, NOAA 
harmonizes the separate regulatory actions identified above and makes 
conforming changes to the general and site-specific regulations.
    As described below, the changes between the proposed rule and this 
rule fall into four distinct categories: A. Include Sanctuary 
Nomination Regulations in this Interim Final Rule; B. Definitions That 
Will Remain in the Site-Specific Regulations; C. Revisions to Florida 
Keys NMS Site-Specific Regulations; and D. Other Conforming, Technical, 
and Administrative Changes.

A. Include Sanctuary Nomination Regulations in This Interim Final Rule

    The proposed rule, published in January 2013, included several 
revisions to the then-existing procedural sanctuary regulations 
governing the identification, evaluation, and designation of new sites 
as national marine sanctuaries. Specifically, NOAA sought to re-
organize and modify the regulatory text in the then existing subpart B 
(Sanctuary Evaluation List), eliminate and reserve most of the then 
existing subpart C (Designation of National Marine Sanctuaries), and 
eliminate subpart D (Management Plan Development and Implementation).
    In a separate rulemaking finalized in 2014, NOAA issued new 
regulations establishing the Sanctuary Nomination Process (SNP) (79 FR 
33851, June 13, 2014). The SNP final regulations eliminated the site 
evaluation list that was no longer active, and established a new 
process for communities to submit marine and Great Lakes sites for 
consideration as national marine sanctuaries. This final rule 
reorganizes the sanctuary regulations and includes, without change, the 
2014 SNP final regulations. The SNP regulations currently set forth in 
subpart B, sections 922.10 and 922.11, are being moved to subpart A, 
sections 922.12 and 922.13, respectively. The SNP regulations were 
promulgated in accordance with the APA, this rule is a simple 
recodification of the current SNP regulations, and is consistent with 
the underlying recodification effort described in the January 2013 
proposed rule for this action.

B. Definitions That Will Remain in the Site-Specific Regulations

    In the Federal Register notice published in January 2013, NOAA 
proposed to:
    <bullet> Consolidate, into the new subpart A, the site-specific 
definitions of ``motorized personal watercraft (MPWC)'' and ``personal 
watercraft;''
    <bullet> Move the definition of ``oceangoing ship'' from the site-
specific regulations to the new subpart A;
    <bullet> Move the definition of ``Federal project'' from the site-
specific regulations to the new subpart A;
    <bullet> Consolidate the site-specific definitions of ``traditional 
fishing'' into the new subpart A; and,
    <bullet> Consolidate site-specific definitions for the terms 
``stowed and not available for immediate use'' and ``not available for 
immediate use'' into the new subpart A.
    For the reasons set forth below, NOAA is not consolidating these 
definitions into subpart A. Instead, each definition will remain 
unchanged in its respective site-specific regulatory section (subparts 
F through T).
1. Motorized Personal Watercraft (MPWC)
    During the comment period, NOAA received public comments that 
revealed that consolidating the definitions of MPWC and ``personal 
watercraft'' could create undesirable inconsistencies under the site-
specific regulations for Channel Islands NMS, Greater Farallones NMS, 
Monterey Bay NMS, and the Florida Keys NMS and expand the number and 
types of vessels that could potentially be banned or restricted (see 
Comment 18 in Section IV. Responses to Comments). This matter cannot be 
easily resolved in this rulemaking. As such, NOAA believes more time is 
needed to gather more information, engage stakeholders and the 
sanctuary advisory councils, develop an alternative consolidated 
definition, and thoroughly evaluate the environmental impacts 
associated with such a consolidated definition. Therefore, NOAA has 
decided not to consolidate the definitions of MPWC and ``personal 
watercraft.'' The existing definitions of MPWC set forth in 15 CFR 
922.71 (Channel Islands NMS), 922.81 (Greater Farallones NMS), and 
922.131 (Monterey Bay NMS), and the existing definition of ``personal 
watercraft'' in 922.162 (Florida Keys NMS) shall remain unchanged at 
this time.
2. Oceangoing Ship
    Due to concerns raised during the comment period about the scope of 
the definition ``oceangoing ship'' and its potential application to 
Department of Defense vessels, NOAA is not moving ``oceangoing ship'' 
from the site-specific regulations at 15 CFR 922.71 (Channel Islands 
NMS) to the general regulations in the new subpart A (see Comment 30 in 
Section IV. Responses to Comments). The definition for ``oceangoing 
ship'' set forth in the site-specific regulations at 15 CFR 922.71 
shall remain unchanged at this time.

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3. Federal Project
    NOAA is not moving ``Federal project'' set forth in the site-
specific regulations at 15 CFR 922.132 (Monterey Bay NMS) to the 
general regulations in the new subpart A because it might conflict with 
or create confusion with other similar terms, such as the undefined 
term ``Federal water resource development projects,'' used in the site-
specific regulations at 922.163 (Florida Keys NMS). Accordingly, the 
definition for ``Federal project'' set forth in the site-specific 
regulations at 15 CFR 922.132 will remain unchanged and will not be 
moved to the general sanctuary definitions at 15 CFR 922.11 at this 
time.
4. Traditional Fishing
    NOAA received adverse comments on its proposal to consolidate into 
the new subpart A the definitions of ``traditional fishing,'' which are 
found at 15 CFR 922.141 (Stellwagen Bank NMS), 922.162 (Florida Keys 
NMS), and 922.191 (Thunder Bay NMS). The commenters indicated that it 
was inappropriate to apply the definition from Florida Keys, Thunder 
Bay, and Stellwagen Bank across the entire System because fishing 
conducted by certain Native Americans and indigenous people in the 
American Samoa or Hawaiian Island Humpback Whale sanctuaries likely do 
not meet the definition of ``traditional fishing'' (see Comment 17 in 
Section IV. Responses to Comments). NOAA agrees with the comment and is 
not consolidating the definition of ``traditional fishing'' into the 
general regulations. At this time, the definition of ``traditional 
fishing'' will remain unchanged in the site-specific regulations for 
Stellwagen Bank, the Florida Keys, and Thunder Bay.
5. Stowed and Not Available for Immediate Use
    NOAA decided not to adopt a single consolidated definition for the 
terms ``stowed and not available for immediate use'' and ``not 
available for immediate use.'' The former terms and separate 
definitions will remain in the site-specific subparts for Channel 
Islands NMS and Gray's Reef NMS. The latter term will remain in the 
site-specific subpart for Florida Keys NMS. NOAA determined that there 
would have been substantive implications for certain prohibitions in 
Florida Keys NMS regulations that refer to the term ``not available for 
immediate use'' that NOAA did not propose to update in the notice of 
proposed rulemaking. Because NOAA did not propose the associated 
revisions to those prohibitions, NOAA is not moving forward with the 
consolidated definition at this time.

C. Revisions to Florida Keys NMS Site Specific Regulations

    In the Federal Register document published in January 2013, NOAA 
proposed to consolidate its sanctuary permitting procedures and review 
criteria in a new Subpart D, and revise and adopt uniform areal 
estimates and boundary coordinates. In August 2019, NOAA released a 
Draft Environmental Impact Statement (referred to as the ``Restoration 
Blueprint'') as part of an ongoing process to propose changes to the 
Florida Keys NMS site-specific regulations (84 FR 45728, August 30, 
2019). Since NOAA is considering comprehensive changes to the Florida 
Keys NMS site-specific regulations, NOAA is not updating the Florida 
Keys NMS boundary coordinates or making technical corrections to the 
references to the Florida Administrative Code at this time. However, 
NOAA is updating the site-specific Florida Keys NMS regulations (15 CFR 
part 922, subpart P) to reference the general permitting regulations 
now in subpart D and is retaining certain site-specific permit language 
and review criteria set forth in subpart P.

D. Other Conforming, Technical, and Administrative Changes

    The conforming, technical and administrative changes from the 
proposed rule that are described in this section merely recodify 
existing regulations or make technical corrections.
    <bullet> NOAA updates a statutory reference in the definition of 
``fish'' to correctly refer to a specific section of the Magnuson-
Stevens Fishery Conservation and Management Act where the term appears 
(16 U.S.C. 1802(12)).
    <bullet> NOAA revises the definition of ``harmful matter'' to 
include ``hazardous substances defined by the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 
9601(14) and designated at 40 CFR 302.4.'' The language in the proposed 
rule previously read ``and those contaminants (regardless of quantity) 
listed pursuant to 42 U.S.C. 9601(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act at 40 CFR 
302.4.'' NOAA changes the definition to use the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) term of 
art ``hazardous substance.'' The regulations implementing CERCLA cover 
designated hazardous substances that consist of ``listed'' and 
``unlisted substances.'' NOAA did not intend to limit the scope of the 
harmful matter definition to only the listed CERCLA substances. NOAA 
also clarifies that this definition refers to harmful matter that poses 
the threat ``of injury'' to sanctuary resources or qualities.
    <bullet> NOAA updates references in the site-specific regulations 
from ``seabed'' to ``submerged lands,'' where appropriate. This 
technical amendment updates regulatory text to align with the 
sanctuaries' terms of designation for those sites that now use the term 
``submerged lands'' (Channel Islands NMS, Greater Farallones NMS, 
Gray's Reef NMS, Cordell Bank NMS, and Monterey Bay NMS). There are 
four sites (Flower Garden Banks NMS, Stellwagen Bank NMS, Hawaiian 
Islands Humpback Whale NMS, and Florida Keys NMS), whose terms of 
designation provide authority to regulate activities that affect the 
``seabed.'' For those four sites, NOAA is not changing the regulatory 
text and is keeping the term ``seabed'' in the site-specific 
regulations.
    <bullet> NOAA corrects an inadvertent omission from the proposed 
rule which left out of proposed Subpart D--National Marine Sanctuary 
Permitting the regulatory provision at 15 CFR 922.48(e) that states 
that permits are not transferable. The provision that permits are non-
transferable has historically existed in all NOAA sanctuary 
regulations. The language was first introduced in 1975 with the interim 
final rule for the designation of Monitor NMS (40 FR 5349, 5350, 
February 5, 1975). NOAA adopted the permit procedures in all subsequent 
sanctuary regulations and later consolidated them into 15 CFR part 922 
in 1995 (60 FR 66875, December 27, 1995). This final rule moves section 
922.48(e) to section 922.33(b).
    <bullet> NOAA updates the site-specific regulations for Greater 
Farallones NMS at 15 CFR 922.82(d), and Cordell Bank NMS at section 
922.112(d) to reference the new subpart D on permit regulations. The 
proposed rule inadvertently omitted these conforming changes to the 
regulatory text for both sites (see 78 FR 6017, January 28, 2013).
    <bullet> NOAA amends the Gray's Reef NMS site-specific regulations 
by: Revising paragraph (c) of section 922.92 to reference the new 
subpart D on permit regulations; and corrects a cross-reference in 
922.93(a) which should refer to 922.92(a)(1) through (11) and the new 
subpart D. In 2014, the Gray's Reef NMS site-specific regulations were 
revised to clarify the anchoring

[[Page 29609]]

prohibition and provide an exemption to allow the use of weighted 
marker buoys continuously tended by vessel operators during lawful 
fishing or diving activities in section 922.92 (79 FR 41879, July 18, 
2014). The cross-references in section 922.93 were not updated during 
the publication of the 2014 final rule for Gray's Reef NMS, but are 
being updated now.
    <bullet> NOAA adds a cross-reference to section 922.36 in the 
Monterey Bay NMS site-specific regulations at paragraph 922.132(e).
    <bullet> NOAA clarifies in section 922.37(a)(1) that an applicant 
or holder of a certification of any existing lease, permit, license or 
right of subsistence access pursuant to 922.10 may file an appeal of 
the conditioning, amendment, suspension or revocation of a 
certification. The proposed rule limited the appellant pool to any 
``person requesting certification.'' The technical change makes clear 
that both applicants and holders of certifications may appeal, and 
makes the regulations consistent with existing practice.
    <bullet> NOAA removes the reference to certifications in section 
922.163(f). The existing regulation contains a cross-reference to an 
obsolete and outdated regulation that was re-designated (66 FR 4370, 
January 17, 2001) and subsequently removed from the Florida Keys NMS 
site-specific regulations in 2009 (74 FR 38093, July 31, 2009).
    <bullet> NOAA removes and reserves section 922.194 because the 
section is no longer applicable. Section 922.194 gave the Director 
authority to allow certain otherwise prohibited activities to continue 
in the Thunder Bay NMS if such activity was specifically authorized by 
a valid Federal, state, or local lease, permit, license, approval or 
other authorization or valid right of subsistence use or access in 
existence on the effective date of sanctuary designation. This section 
is no longer applicable because the affected entities were allowed 
ninety (90) days from the designation of the sanctuary (September 25, 
2000) or expansion (February 3, 2015) to notify the Director and 
request certification of any pre-existing and otherwise prohibited 
activities being conducted pursuant to a valid authorization in the 
sanctuary. The certification period has expired, and the implementing 
regulations are obsolete.
    <bullet> NOAA designated Mallows Bay--Potomac River NMS, which 
became effective in September 2019 (84 FR 50736, September 26, 2019). 
The site-specific regulations for Mallows Bay--Potomac River NMS are 
codified at 15 CFR part 922, subpart S. References to the site-specific 
subparts in the new subpart A and subpart D are updated to reflect the 
addition of subpart S. Regulations on permit procedures set forth at 
section 922.205 are consolidated without change to the new subpart D. 
NOAA added an address for the submission of permit applications at 
paragraph 922.205(b). NOAA also corrected a reference in paragraph 
922.206(a) that should refer to section 922.10 for certifications.
    <bullet> NOAA designated Wisconsin Shipwreck Coast NMS, which 
became effective on August 16, 2021 (86 FR 45860, August 17, 2021). The 
site-specific regulations for Wisconsin Shipwreck Coast NMS are 
codified at 15 CFR part 922, subpart T. References to the site-specific 
subparts in the new subpart A and subpart D are updated to reflect the 
addition of subpart T. NOAA added an address to subpart T for the 
submission of permit applications at paragraph 922.215(b). Regulation 
on permit procedures set forth at 922.215 are consolidated without 
change to the new subpart D. Site-specific regulations on 
certifications set forth at 922.216 are modified to make conforming 
edits to reference 922.10 for the program regulations on certifications 
and to reference 922.37 on the appeals process.
    <bullet> NOAA updates the office addresses for Monitor NMS 
(922.62(b)), Channel Islands NMS (922.74(b)), Monterey Bay NMS 
(922.132(c)(1)), Stellwagen Banks NMS (922.143(b)), Olympic Coast NMS 
(922.153(b)), and Florida Keys NMS (922.166(a)(1)).

III. Summary of the Final Regulations

A. Boundary Descriptions

    With this rule, NOAA is adopting a uniform standard for describing 
the overall area of each sanctuary. In addition to using the proposed 
unit of measurement of square nautical miles, abbreviated as nmi\2\, 
NOAA also provides in parentheses the area in square statute miles, 
abbreviated as sq. mi. The converter NOAA uses to convert nmi\2\ to sq. 
mi. is 1 nmi\2\ = 1.3243 sq. mi. For example, the area estimate of 
Monterey Bay NMS will now read as ``4601 nmi\2\ (6093 sq. mi.).''
    NOAA corrects the area estimate for Channel Islands NMS, which was 
mistakenly published in the proposed rule as 1128 nmi\2\ but should 
have been 1110 nmi\2\.
    NOAA revises area estimates for Thunder Bay NMS, Greater Farallones 
NMS, and Cordell Bank NMS, in accordance with the final rules that 
expanded each sanctuary (79 FR 5291, September 5, 2014; 80 FR 13077, 
March 12, 2015 respectively).
    NOAA retains the one-mile diameter boundary description for Monitor 
NMS because it is unique in that it is in a circle shape centered at 
specific coordinates. However, NOAA is currently considering revising 
the Monitor NMS boundary, which would be initiated through a separate 
rulemaking (81 FR 879, January 8, 2016).
    With this rule, NOAA also converts the existing geographic 
coordinates to decimal degrees as calculated using the North American 
Datum of 1983. The conversion also includes updates to geographic 
coordinates for special zones of sanctuaries. The revised geographic 
coordinates discussed in this notice can be viewed and downloaded from 
https://sanctuaries.noaa.gov/library/coordinates.html, or obtained upon 
request at the address listed in the ADDRESSES section of this final 
rule.

B. Extend the Deadline for Draft Sanctuary Fishing Regulations

    With this rule, and as proposed in January 2013, NOAA moves the 
existing 922.22(b) to the newly amended section 922.3 and extends the 
deadline from 120 days to 180 days for a Regional Fishery Management 
Council (RMFC) to respond to the Secretary's request for draft 
sanctuary fishing regulations. NOAA believes this additional time 
provides the RMFC with a more realistic timeframe to meet, vote, and 
develop fishing regulations for the sanctuary. NOAA provides additional 
information in section IV. Responses to Comments (Comment 9).

C. Definitions

    In this rule, section 922.3 is renumbered as section 922.11, and as 
previously explained above, NOAA revises the general and site-specific 
regulations to: (1) Eliminate a definition in the regulations that is 
not being used; (2) Create definitions for terms that are used 
throughout the sanctuary regulations but were not defined; (3) Modify 
proposed definitions based on public comment; (4) Move terms without 
change from site-specific definition sections to the new section 
922.11; (5) Amend definitions of existing terms; and, (6) Consolidate 
definitions.
    Unless otherwise noted, the newly defined terms and the 
consolidated definitions are used in multiple site-specific regulations 
with consistency such that no impacts are anticipated. The definition 
for ``Washington Coast treaty tribe'' is the only term that is unique 
because it solely applies to the Olympic Coast National Marine 
Sanctuary. However, the definition for

[[Page 29610]]

``Washington Coast Treaty tribe'' appears in the general regulations to 
provide context since the term is referenced as a general permit 
category in section 922.30.
1. Eliminate Two Definitions in the Regulations That Are Not Being Used
    In this rule and as stated in the proposed rule (78 FR 5998, 
January 28, 2013), NOAA is eliminating the term ``fish waste'' from the 
general definitions because it is not used in any of the general or 
site-specific regulations. NOAA also eliminates the definition for 
``tropical fish'' in section 922.11. As the only site that uses the 
term, the site-specific regulations for Florida Keys NMS will retain 
its definition of ``tropical fish'' at section 922.162. The State of 
Florida manages marine life species, including tropical fish, as 
identified in Rule 68B-42.001 of the Florida Administrative Code. 
Because NOAA references the state-identified species for the 
sanctuary's definition of ``tropical fish'' in the Florida Keys NMS 
site-specific regulations, NOAA maintains unchanged a site-specific 
definition of ``tropical fish'' at section 922.162.
2. Create Definitions for Terms That Are Used Throughout the Sanctuary 
Regulations But Were Not Defined
    The terms ``abandoning'' and ``effective date'' are two terms that 
are used throughout the existing sanctuary general and site-specific 
regulations, however, neither term was defined. In this interim final 
rule, and as stated in the proposed rule (78 FR 5998, January 28, 
2013), NOAA now defines both terms and adds them to section 922.11.
(a) Abandoning
    In this rule, the definition of ``Abandoning'' proposed in January 
2013 remains unchanged and is reflected in revised section 922.11..
(b) Effective Date
    In this rule, NOAA modifies the proposed definition of ``effective 
date'' to clarify and better track with related language in NMSA 
section 304(b) ``Taking effect of designations.'' Section 304(b) of the 
NMSA (16 U.S.C. 1434(b)) provides that a designation and regulations 
shall take effect and become final after the close of a review period 
of forty-five days of continuous session of Congress, beginning on the 
date on which this federal rulemaking is published, unless the Governor 
of any State in which the national marine sanctuary is partially or 
entirely located certifies to the Secretary of Commerce during that 
same review period that the designation or any of its terms is 
unacceptable, in which case the designation or any unacceptable term 
shall not take effect. The delayed effective date for sanctuary 
designations under the NMSA is longer than that normally applied to 
final rules issued pursuant to section 4(d) of the Administrative 
Procedure Act (APA) (5 U.S.C. 553(d)). For other regulatory actions 
taken under the NMSA, which do not involve a designation or expansion, 
the normal APA rules concerning the effective date would continue to 
apply. As stated in the proposed rule (78 FR 5998, January 28, 2013), 
NOAA added the term ``effective date'' to the definition section 
because ``effective date'' was a term used throughout the sanctuary 
regulations which was not defined. The definition ensures that 
``effective date'' is interpreted in a manner consistent with the NMSA.
    Since publication of the proposed rule, NOAA has completed several 
rulemakings involving sanctuary expansions and a sanctuary designation 
(see Section II. History of this Rulemaking and Summary of the Changes 
from the Proposed Rule to the Final Rule). These rulemakings required 
NOAA to interpret NMSA section 304(b) and apply its requirements in 
determining an ``effective date'' of the final regulations and ensure 
compliance with the NMSA. NOAA revises the definition to make technical 
changes to make the language more consistent with the statutory 
language in NMSA section 304(b). NOAA clarifies that the effective date 
is the date described in the Federal Register notice promulgating the 
regulations or, for newly designated sanctuaries or any revisions to 
the terms of designation for existing sanctuaries, ``the date after the 
close of the review period of the 45th day of continuous session of 
Congress,'' and that it follows the submission of the ``Federal 
Register notice of the designation together with final regulations to 
implement the designation and any other matters required by law.'' NOAA 
also removed the word ``proposed'' in the second sentence because it 
was confusing to use it in conjunction with describing final 
regulations for the designation of a new sanctuary or revising the 
terms of designation.
    The revised definition of ``Effective Date'' is reflected in 
revised section 922.11.
3. Modify Proposed Definitions Based on Public Comments
    NOAA modifies the general regulations' proposed definitions for the 
terms ``injure,'' ``sanctuary resource,'' and ``take or taking'' based 
on public comments.
(a) Injure or Injury
    NOAA updates the definition of ``injure'' to also include 
``injury'' because that term appears throughout the regulations. 
However, NOAA is no longer including the phrase ``or impairment of a 
sanctuary resource service'' found in the proposed definition of 
``injury.'' NOAA received comments reflecting confusion about the 
purpose of this addition, including concerns that NOAA was seeking to 
expand its NMSA enforcement authorities. NOAA disagrees that this 
proposed language would have expanded NOAA's authority, but finds that 
it is unnecessary to change the definition. As explained in the 
proposed rule, NOAA proposed to add ``impairment of a sanctuary 
resources service'' to the definition of injury in order to recognize 
the importance of protecting sanctuary resource services. A resource 
service is a function performed by a sanctuary resource for the benefit 
of another sanctuary resource or the public (e.g., seagrass providing 
habitat and food for fish, or a coral reef providing recreational 
opportunities for members of the public who enjoy snorkeling). The 
statutory purpose of the NMSA already emphasizes the importance of 
``maintain[ing] for future generations the habitat, and ecological 
services'' of the living resources in the sanctuaries. 16 U.S.C. 
1431(a)(4). The statute also already provides NOAA the authority to 
seek damages for ``lost use of a sanctuary resource,'' which embodies 
the concept of losses of sanctuary resource services. 16 U.S.C. 
1432(6). Despite this, NOAA has decided not to incorporate it into the 
regulations at this time, but NOAA will continue to work with agency 
partners and stakeholders to help them better understand the 
definition.
    The definition of ``injure or injury'' is reflected in revised 
section 922.11.
(b) Sanctuary Resource
    NOAA updates the definition of ``sanctuary resource'' by adding 
clarifying text ``national marine'' before ``sanctuary,'' and including 
the terms ``maritime heritage, cultural, archeological, and 
scientific'' resources for consistency with the statutory definition 
(see 16 U.S.C. 1432(8)). NOAA also updates the definition by replacing 
``the substratum of the area of the sanctuary'' with ``waters of the 
sanctuary, the seabed or submerged lands of the sanctuary.'' NOAA added 
the term ``seabed'' in the previous

[[Page 29611]]

phrase to be inclusive of those sites that use that term in their site-
specific regulations and terms of designation.
    Within this rule and as previously stated in the proposed rule, the 
definition of ``sanctuary resource'' is modified by replacing the term 
``seabirds'' with ``birds.'' When birds--seabirds, migratory birds, or 
water fowl--transit through the sanctuary they become part of the 
sanctuary resources that fall under the protection of NOAA consistent 
with the NMSA. Current prohibitions in four sanctuaries already 
regulate birds rather than limiting the class of protected animals to 
``seabirds'' (Greater Farallones NMS, Cordell Bank NMS, Monterey Bay 
NMS, and Florida Keys NMS). The remaining four sanctuaries (Channel 
Islands NMS, NMS of American Samoa, Stellwagen Bank NMS, and Olympic 
Coast NMS) that discuss seabirds rather than birds in their prohibited 
activities sections already adopt by reference the list of protected 
species under the Migratory Bird Treaty Act (MBTA, listed at 50 CFR 
10.13), which does not distinguish between seabirds and non-seabirds. 
Therefore, NOAA finds that the class of protections does not change 
with this clarification, and that finalizing this update meets the 
purposes of E.O. 13563 by streamlining the regulations to use 
consistent terms throughout. No new prohibitions are imposed with this 
update.
    Consistent with the January 13, 2013 proposed rule, in this interim 
final rule, NOAA incorporates the phrase, ``or parts or products 
thereof'' after ``any living or non-living resource of a national 
marine sanctuary.'' This was added to ensure that protected resources 
are not dismembered and removed. NOAA harmonizes the definition with 
the sanctuary regulation of take, which includes ``parts thereof.'' In 
addition, NOAA includes reference to the newly-designated Wisconsin 
Shipwreck Coast NMS. As a result of public comment, NOAA revised the 
definition of ``sanctuary resource'' as reflected in revised section 
922.11.
(c) Take (Taking or Taken) of a Marine Mammal, Sea Turtle, or Bird
    The proposed rule sought to reformat and update the existing 
definition of ``take or taking.'' The proposed definition of ``take or 
taking'' also included a fourth provision to clarify that the 
definition did not only apply to marine mammals, sea turtles, or birds, 
but also applied to other sanctuary resources. In response to public 
comments concerned that the proposed definition of ``take or taking'' 
expanded the scope of the existing regulatory prohibitions (see Comment 
24 in Section IV. Responses to Comments), NOAA is revising the proposed 
definition by eliminating the fourth provision. For other site-specific 
regulations that prohibit take of other living or non-living sanctuary 
resources (e.g., 15 CFR 922.112(a); 922.132(11)(i); 922.163(a)(2), (5); 
922.164(d)(ii)), the plain language reading of the term ``take (taking 
or taken)'' will continue to apply. NOAA does not intend to expand the 
existing scope of the term ``take.''
    With this rule, NOAA also clarifies that the term ``take'' is 
inclusive of the terms ``taking'' and ``taken,'' as both terms are used 
throughout the site-specific regulations. For instance, Channel Islands 
NMS regulations at 15 CFR 922.72(a)(9) and (10) identify the following 
as prohibited or otherwise regulatory activities, ``[t]aking any marine 
mammal, sea turtle, or seabird within or above the Sanctuary'' and 
``[p]ossessing within the Sanctuary (regardless of where taken from, 
moved, or removed from) any marine mammal, sea turtle, or seabird.'' 
Monterey Bay NMS, Stellwagen Banks NMS, Olympic Coast NMS, and Hawaiian 
Island Humpback Whale NMS all have similar prohibitions, which serve as 
additional examples.
    The revised definition of ``take (taking or taken)'' applies only 
to marine mammals, sea turtles and birds. The definition also 
incorporates ``take'' as that term is defined in section 3(19) of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1532(19); ESA), 
``take'' as that term section 3(13) of the Marine Mammal Protection Act 
of 1972, as amended (16 U.S.C. 1362(13); MMPA), and activities 
prohibited by section 703 of the Migratory Bird Treaty Act of 1918, as 
amended (16 U.S.C. 703; MBTA). Eight sanctuaries (Channel Islands NMS, 
Greater Farallones NMS, Cordell Bank NMS, Monterey Bay NMS, Stellwagen 
Bank NMS, Olympic Coast NMS, Florida Keys NMS, and Hawaiian Islands 
Humpback Whale NMS) already incorporate one or more of these statutes 
in their site-specific regulations that prohibit ``take.'' Therefore, 
NOAA determined that the scope of the existing regulatory authority is 
not broadened by adopting the statutes by reference.
    NOAA also recognized that the proposed definition inadvertently 
omitted a provision that is contained in the existing definition. 
Therefore, NOAA adds to the revised definition of take the 
inadvertently-omitted provision concerning the collection, restraint or 
detainment, tagging, or operation of a vessel or aircraft that results 
in disturbance of molestation of any marine mammal, sea turtle, or 
bird.
    The revised definition is reflected in revised section 922.11.
4. Move Terms Without Change From Site-Specific Definition Sections to 
the New Section 922.11
    In this rule and as stated in the proposed rule (78 FR 5998, 
January 28, 2013), NOAA moves the following terms and corresponding 
definitions from site-specific definition sections to section 922.11 
without change: ``attract or attracting,'' ``clean,'' ``cruise ship,'' 
and ``lawful fishing.''
    NOAA moves the definition for ``introduced species'' from four 
site-specific sanctuary regulations (Channel Islands NMS, Cordell Bank 
NMS, Greater Farallones NMS, and Monterey Bay NMS) without change, and 
from the NMS of American Samoa regulations with a technical 
modification that does not change the meaning or application of the 
definition. Specifically, this consolidated term was inadvertently 
omitted from the preamble discussion of the proposed rule, but was 
shown in the proposed list of definitions under the new section 922.11, 
and in the two sanctuaries that had definitions sections reprinted, the 
definition is shown as removed (Monterey Bay NMS and the NMS of 
American Samoa) (78 FR 5998, January 28, 2013). As such, NOAA finalizes 
the recodification of this definition to the general regulations with 
this action.
5. Amend Definitions of Existing Terms
    In this rule and as stated in the proposed rule (78 FR 5998, 
January 28, 2013), NOAA amends the definitions of the following 
existing terms in the general definitions section 922.11 as follows:
(a) Benthic Community
    NOAA updates the regulatory definition of ``benthic community'' by 
adding ``sea/ocean/lake'' before ``bottom'' to reflect the appropriate 
descriptive term, depending on the sanctuary. In this rule, NOAA 
defines the term ``benthic community'' is reflected in revised section 
922.11.
(b) Conventional Hook and Line Gear
    NOAA updates the term ``conventional hook and line gear'' by 
removing the phrase ``from aboard a vessel or'' from the definition, 
and replacing the descriptor ``hand- or electrically operated, hand-
held or mounted'' with ``hand, electrically, or hydraulically operated, 
regardless of whether mounted,'' and replacing the descriptor ``fishing 
apparatus'' with

[[Page 29612]]

``fishing gear.'' The change is designed to track common fishing 
practices (e.g., conventional hook and line fishing may occur from 
shore, from a bridge) and improve the description of the various 
fishing gear and methods captured in the definition of ``conventional 
hook and line gear.'' NOAA replaces the term ``bottom longline'' with 
the term ``longline'' in the last sentence of the definition of 
``conventional hook and line gear.'' Since longline is a single line 
fitted with a series of offshoot lines along its entire length, it does 
not fit within the definition of ``conventional hook and line gear.'' 
By removing the word ``bottom'' from the definition, NOAA hopes to 
eliminate confusion that might exist and clarify that longline is not 
regarded as ``conventional hook and line gear'' particularly in Flower 
Garden Banks NMS. In Flower Garden Banks NMS, ``conventional hook and 
line gear'' is an exception to various regulatory prohibitions relating 
to the discharge or deposit of material within the sanctuary, injuring 
fish, whale shark and other sanctuary resources identified in the site-
specific regulations at 922.122(a)(3)(i)(A) and (a)(7)-(10). In this 
rule, ``conventional hook and line gear'' is reflected in revised 
section 922.11.
(c) Commercial Fishing
    NOAA modifies the term ``commercial fishing'' to include the phrase 
``including any attempt to engage in such activity.'' The modification 
clarifies that the term ``commercial fishing'' not only applies to an 
activity that results in the sale or trade of fish, shellfish, algae or 
corals, but also applies to ``any attempt'' to sell or trade fish, 
shellfish, algae or corals for profit. Commercial fishing is reflected 
in revised section 922.11.
(d) Cultural Resource and Historic Resource
    NOAA does not add the phrase ``but not limited to'' in the 
definition of the terms ``cultural resource'' and ``historical 
resource.'' Although the intent was to clarify that the list of 
resources are examples, the definitions are sufficiently broad to 
include the resources of concern to NOAA. The legal citation for the 
National Historic Preservation Act, which is already referenced in the 
existing definition, has been added to the definition of ``historical 
resource'' as it relates to the use of the term ``historic property.'' 
NOAA also makes technical edits to make the terms and the examples 
drafted in the singular. The definition also clarifies that a 
``cultural resource'' may be considered a ``historical resource.'' The 
two terms are reflected in revised section 922.11.
(e) Director
    NOAA updates the office reference for the definition of 
``Director.'' Under the previous definition, the term ``Director'' 
referred to the ``Director of Ocean and Coastal Resource Management, 
NOAA or Designee.'' Following organizational changes within NOAA, the 
definition is updated to refer to the ``Director of the Office of 
National Marine Sanctuaries or designee'' unless otherwise specified. 
The term ``Director'' is reflected in revised section 922.11.
(f) Exclusive Economic Zone
    The definition of ``exclusive economic zone'' includes a direct 
reference to Proclamation 5030, dated March 10, 1983, which establishes 
the exclusive economic zone. The term ``Exclusive Economic Zone'' is 
reflected in revised section 922.11.
(g) Fish
    The Florida Keys NMS regulations site-specific definition of 
``fish'' is being adopted in 922.11 because that definition is 
consistent with the definition of ``fish'' contained in the Magnuson-
Stevens Fishery Conservation and Management Act (MSFCMA). NOAA also 
amends the statutory reference to point to the specific section of the 
MSFCMA where the term appears (16 U.S.C. 1802(12)). The term ``fish'' 
is reflected in revised section 922.11.
(h) Indian Tribe
    NOAA moves the term ``Indian tribe'' found in the Olympic Coast NMS 
and Thunder Bay NMS regulations to the general regulations, and mirrors 
the definition provided in Executive Order 13175. Updating the 
definition of ``Indian tribe'' in the general regulations does not 
result in any change from a management perspective with regard to any 
existing sanctuary.
(i) National Marine Sanctuary or Sanctuary
    The definition of ``national marine sanctuary or sanctuary'' 
clarifies that the area of the marine environment of special national 
significance can be designated by NOAA or Congress.
(j) Regional Fishery Management Council
    In the definition of ``Regional Fishery Management Council,'' NOAA 
updates the legal citation to ``section 302 of the Magnuson Fishery 
Conservation and Management Act.'' In 2006, this Act was reauthorized 
and renamed, ``the Magnuson-Stevens Fishery Conservation and Management 
Act. The term ``Regional Fishery Management Council'' is reflected in 
revised section 922.11.
(k) Sanctuary Quality
    NOAA updates the definition of ``sanctuary quality'' by adding 
``national marine'' before ``sanctuary.'' The revised definition is 
reflected in section 922.11.
(l) Vessel
    NOAA modifies the definition of ``vessel'' by adding a non-
exhaustive list of examples at the end of the sentence. NOAA also 
eliminates a redundant phrase ``capable of being used as a means of 
transportation in or on the waters of a Sanctuary'' included in the 
list of examples for the term ``vessel.'' The purpose of the change is 
to provide law enforcement with guidance regarding the types of 
watercraft that are considered ``vessels.'' The revised definition is 
reflected in revised section 922.11.
6. Consolidate Definition
(a) Deserting
    NOAA moves the term ``deserting'' from the Monterey Bay NMS and 
Greater Farallones NMS regulations to the new definition section at 
922.11, and amends it to include the following descriptors, ``wrecked, 
junked, or in a substantially dismantled condition.'' These descriptors 
are intended to provide guidance to law enforcement in applying the 
regulations and to assist the public in better understanding the 
regulations. The term is currently used only in the regulatory 
prohibitions for these two sites. While adding the descriptors 
``wrecked, junked, or in a substantially dismantled condition'' could 
be interpreted to expand the universe of activities that constitute 
deserting a vessel, NOAA's intent is to provide additional examples 
without expanding the underlying meaning. NOAA made only grammatical 
changes between the proposed rule and this rule (i.e., a comma was 
changed to semicolon). The revised definition is reflected in revised 
section 922.11.

D. Permit Categories and Review Procedures

    With this rule, NOAA eliminates the existing subpart D (Management 
Plan Development and Implementation) and replaces it with a new 
``Subpart D--National Marine Sanctuary Permitting.'' ONMS permit review 
criteria and procedures were located in several different sections of 
the regulations: 922.48 National Marine Sanctuary permits--application 
procedures and

[[Page 29613]]

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; 
and in subparts F through T in site-specific regulations. The rule 
consolidates most permitting regulations into a single subpart, and 
updates and clarifies ONMS permitting authority. NOAA makes several 
clarifications and technical revisions to the general sanctuary 
permitting procedures and criteria. In this section, NOAA also 
describes the details of the government-to-government consultation with 
the Washington Coast treaty tribes on the changes to the Olympic Coast 
NMS permit regulations.
1. Clarifications and Technical Revisions
    <bullet> Section 922.10 provides the Director with authority to 
certify and regulate, but not terminate, the existence of any valid 
lease, permit, license, or right of subsistence use or of access that 
is in existence on the effective date of sanctuary designation. This 
rule revises section 922.10 to clarify that certification requirements 
are related to the effective date of final regulations for a 
designation or revised terms of designation. This is a technical 
amendment made to ensure that the terms used in the sanctuary 
regulations are consistent. NOAA clarifies that certification criteria 
and procedures apply to new designations, and also to changes to terms 
of designation, which include both newly regulated activities 
throughout a sanctuary or to regulations in newly expanded areas of an 
existing sanctuary. Certification criteria and procedures do not apply 
to previously regulated activities in pre-expansion areas.
    <bullet> NOAA clarifies that in addition to subpart D, site-
specific subparts may also include applicable permit categories, review 
criteria, or other requirements.
    <bullet> NOAA makes a technical revision to remove ``secondary'' 
from types of adverse impacts NOAA considers in its permit review 
criteria. The revision more closely aligns with National Environmental 
Policy Act (NEPA) terminology and retains consideration of indirect and 
cumulative effects of permitted activities.
    <bullet> NOAA clarifies that a permit applicant's proposed methods 
should ``avoid, minimize, or otherwise mitigate adverse effects as much 
as possible.''
    <bullet> NOAA makes a technical revision clarifying that the 
Director may make specific agreements with applicants for assessing and 
collecting special use permit (SUP) fees.
    <bullet> NOAA clarifies that permit applications may be submitted 
by electronic means (as opposed to just by email) in addition to 
submission by mail. This clarification is intended to facilitate NOAA's 
plans to move forward with a web-based electronic application 
submission process in the future.
    <bullet> NOAA clarifies that the Director may authorize a person to 
conduct an activity prohibited by subparts L through P, subpart R, and 
subpart S, if such activity is specifically authorized by any valid 
Federal, state, or local lease, permit, license, approval, or other 
authorization issued after the effective date of sanctuary designation 
or expansion. This form of approval, known as an ``authorization,'' is 
and will continue to be available in seven sanctuaries: Flower Garden 
Banks, Monterey Bay, Stellwagen Bank, Olympic Coast, Florida Keys, 
Thunder Bay, and Mallows Bay-Potomac River.
    <bullet> NOAA makes a technical revision to eliminate the term 
``renewal'' from discussion of permit or authorization amendments. 
Permit or authorization amendments include requests for time 
extensions.
2. General Permit Categories
    ONMS has four primary ways by which it may allow otherwise 
prohibited activities in existing sanctuaries: General permits, special 
use permits, certifications, and authorizations. Some sanctuaries 
(e.g., Thunder Bay NMS and Florida Keys NMS) also have site-specific 
permit categories described in their relevant subpart. General permits 
are divided into several categories that correspond with the primary 
purpose of the proposed activity. Most site-specific sanctuary 
regulations have at least three categories of general permits: (1) 
Management; (2) education; and, (3) research. NOAA consolidates these 
general permit categories into one section (922.30) and provides a 
single description of each permit category. Consolidating permit 
categories into subpart D does not preclude NOAA from creating or 
amending permit categories that only apply to a particular sanctuary.
    Some sanctuaries also have general permit categories for other 
types of activities, such as salvage or recovery operations (associated 
with an air or marine casualty); restoration of natural habitats, 
populations, or ecological processes; furthering the natural or 
historical resource value of a sanctuary; and response to the imminent 
risk of a sanctuary resource injury. Following consolidation of the 
general permit categories, these activities will be considered under a 
permit category determined appropriate for the proposed action (i.e., 
management, education, or research) and are not addressed as separate 
general permit categories.
    In addition, a few sanctuaries have site-specific categories, 
procedures, and criteria for permit issuance that are unique to that 
sanctuary. These site-specific permit categories will continue to only 
apply to the specific sanctuary. However, three site-specific general 
permit categories are now moved to the general permit list at 922.30, 
including:
    <bullet> Monterey Bay NMS: Jade removal;
    <bullet> Olympic Coast NMS: Tribal self-determination; and,
    <bullet> Florida Keys NMS: Activity furthers sanctuary purposes to 
the extent compatible with the primary objective of resource 
protection.
    NOAA has become aware that certain conditions of the Monterey Bay 
NMS jade removal permit category previously codified at paragraphs 
922.133(b)(6) and 922.133(d) were inadvertently left out of the notice 
of proposed rulemaking. The language of the jade removal permit 
category in the proposed rule did not capture the phrase ``without the 
use of pneumatic, mechanical, electrical, hydraulic or explosive 
tools,'' which restricts the methods of jade removal in paragraph 
922.133(b)(6). In addition, paragraph 922.133(d) states that 
``preference will be given for applications proposing to collect loose 
pieces of jade for research or educational purposes.'' NOAA has 
historically provided an exemption for limited, small-scale collection 
of jade in Monterey Bay NMS (63 FR 15083, March 30, 1998). NOAA did not 
intend to make substantive changes to the existing regulations 
currently codified at 15 CFR 922.133(b)(5) and (d), and there were no 
comments on the proposed rule addressing these jade removal provisions, 
or any other indication among stakeholders that these provisions should 
be substantively changed. Therefore, NOAA is correcting an inadvertent 
omission to ensure that the jade removal can continue under the general 
permit category at section 922.30(b)(4) in a manner that is consistent 
with historical practice in existence since 1998.
    As noted above, the Florida Keys NMS released a Draft Environmental 
Impact Statement (referred to as the ``Restoration Blueprint'') in 
August 2019 as part of an ongoing process to propose changes to the 
Florida Keys NMS site-specific regulations (84 FR 45728,

[[Page 29614]]

August 30, 2019). While NOAA is including in subpart D the Florida Keys 
NMS site-specific general permit category listed above, Florida Keys 
NMS has additional site-specific permit categories that are not changed 
by this rule and will remain at 922.166 and 922.167. However, the 
Florida Keys NMS regulations and permit categories may be revised in 
the future through a separate rulemaking as part of the ongoing 
Restoration Blueprint process.
3. Permit Review Criteria
    NOAA consolidates permit review criteria into subpart D to improve 
consistency and clarity. The list of permit review factors or criteria 
considered by the Director was not consistent across the sanctuary 
site-specific regulations, nor was the regulatory text for the factors 
or criteria consistent. The sanctuary site-specific regulations also 
varied on whether the factors or criteria were affirmative findings 
that shall be met or whether they were simply considerations in making 
permit decisions. To achieve greater consistency, NOAA establishes a 
single list of nine review criteria and publishes it in subpart D. 
Eight criteria are applicable to all sanctuaries, while one is unique 
to Olympic Coast NMS (the activity as proposed shall not adversely 
affect Washington Coast treaty tribes). NOAA also eliminates site-
specific impact thresholds for permit issuance in favor of making the 
review criteria affirmative findings. The Director must still determine 
whether any additional site-specific review procedures or criteria were 
met prior to issuing a permit. For example, for Thunder Bay NMS, the 
permit procedures and review criteria in subpart R, section 922.195, 
will continue to apply. Likewise, the Florida Keys NMS site-specific 
permit procedures and review criteria in subpart P, sections 922.166 
(b), (c), (d), (f) and (i) through (m) and 922.167 will continue to 
apply. Since NOAA is considering comprehensive changes to the Florida 
Keys NMS site-specific regulations, these site-specific permit 
procedures and review criteria may be revised in the future through a 
separate rulemaking as part of the ongoing Restoration Blueprint 
process.
4. Appeals
    NOAA revises the appeal procedures and re-codifies the regulations 
into a new section 922.37. The regulations provide any applicant or 
holder of a sanctuary permit, special use permit, certification, or 
authorization with an opportunity to submit a written appeal to the 
Assistant Administrator for Ocean Services and Coastal Zone Management 
challenging the denial, conditioning, amendment, suspension or 
revocation of a general permit, special use permit, or authorization; 
or a certification.
    In this rule, NOAA makes the administrative appeal process 
consistent across the National Marine Sanctuary System by restricting 
the potential appellants to applicants for and holders of sanctuary 
permits, special use permits, certifications, or authorizations; and by 
removing the requirement for the Assistant Administrator to hold 
hearings for appeals of permit decisions for Monitor NMS. NOAA also 
makes minor, non-substantive edits to improve readability and 
understanding. NOAA did not receive any public comments on the proposed 
changes that make the appeal process consistent across the System.
    The previous regulations provided ``any interested party'' with an 
opportunity to appeal sanctuary decisions issued by the Director in six 
sanctuaries (Monitor NMS, Channel Islands NMS, Greater Farallones NMS, 
Gray's Reef, NMS of American Samoa, or Cordell Bank NMS). These 
interested party appeals are called ``third party appeals.'' A review 
of the regulatory history shows that the third party appeal provisions 
appear to have been carried over from the initial regulations 
implementing the designation of several of sites, including Channel 
Islands NMS (45 FR 65205, October 2, 1980), Greater Farallones NMS (46 
FR 7941, January 26, 1981), Gray's Reef (46 FR 7946, January 26, 1981), 
NMS of American Samoa (51 FR 15883, April 29, 1986), and Cordell Bank 
NMS (54 FR 22425, May 24, 1989). However, the regulatory history of 
each site is silent as to this provision and provides no discernable 
reasons why NOAA supplied interested parties with opportunities to 
appeal sanctuary permit decisions in these sites and not others (78 FR 
6005, January 26, 2013).
    Sanctuary administrative appeals are commonly brought by applicants 
for or holders of sanctuary permits, special use permits, 
certifications, or authorizations (78 FR 6005, January 26, 2013). Only 
two third party appeals have been filed by interested parties. Both 
third party appeals were filed in 2014, involved the same appellant (a 
non-profit organization), and involved challenges to sanctuary permits 
issued to two separate recreational companies operating in the Greater 
Farallones NMS. The first third party appeal was decided against the 
appellant; and the second third party appeal was voluntarily withdrawn 
by the appellant. In light of the very limited number of times the 
third party appeal option has been invoked, and given the lack of 
discernible rationale for affording the opportunity for third party 
appeals in some sites and not others, the sanctuary appeal procedures 
are being amended to facilitate consistency by restricting the pool of 
potential appellants to applicants for, and holders of, sanctuary 
permits, special use permits, certifications, or authorizations. 
Interested third parties may provide input to the permit process 
through other mechanisms, including public review and comment of 
associated environmental analyses as part of the NEPA process or other 
statutory processes, as applicable.
    As explained in the proposed rule, only the Monitor NMS regulations 
required the Assistant Administrator to hold informal hearings during 
administrative appeals. Other sanctuary regulations provided the 
Assistant Administrator with discretion on whether to hold an informal 
hearing (78 FR 6005). NOAA removes the hearing requirement for Monitor 
NMS and makes the appeal procedures for Monitor NMS consistent with 
that of all the other sanctuary sites.
5. Special Use Permits
    In this rule, NOAA adds two new sections for special use permits 
and associated fees. NMSA section 310 provides the Secretary of 
Commerce (Secretary) with authority to issue special use permits (SUPs) 
(16 U.S.C. 1441). The Secretary has delegated authority to the ONMS 
Director to issue SUPs that authorize specific activities in a national 
marine sanctuary if such SUPs are necessary (1) to establish conditions 
of access to and use of any sanctuary resource, or (2) to promote 
public use and understanding of a sanctuary resource. The NMSA also 
provides ONMS with authority to assess and collect SUP fees. ONMS may 
collect fees to recover administrative costs, the cost of implementing 
the permit, and the fair market value of the use of sanctuary 
resources. The new special use permit fee regulations are set forth in 
a new section 922.35.
    ONMS publishes in the Federal Register all categories of activities 
that may qualify for a SUP (see e.g., 71 FR 4898, January 30, 2006; 78 
FR 25957, May 3, 2013; 82 FR 42298, September 7, 2017). A few SUP 
categories are only applicable at specific sites. For example, the SUP 
category for recreational diving near the USS Monitor applies only in 
the Monitor NMS and the SUP category for the continued presence of a 
pipeline transporting seawater to or from a desalination facility 
applies only in

[[Page 29615]]

Monterey Bay NMS. Although all sanctuaries currently possess the 
authority to issue SUPs for certain activities as identified in the 
published SUP categories, the Florida Keys NMS is the only site that 
has site-specific implementing SUP regulations (15 CFR 922.166(d)). In 
order to avoid substantive changes to the Florida Keys NMS-specific 
regulations pertaining to SUPs, 15 CFR 922.166(d) will remain unchanged 
by this rule. Any proposed changes to FKNMS SUP regulations will be 
addressed through the public review process for the Restoration 
Blueprint DEIS and the associated rulemaking.
6. Application Requirements and Amendment Procedures
    Through this rule, NOAA clarifies permit application requirements 
and procedures and keeps the requirements themselves largely unchanged 
(78 FR 6005, January 26, 2013). The changes clarify that the Director 
may refuse to further consider an incomplete application. Applications 
are deemed incomplete if an applicant fails to submit required or 
requested information, pay outstanding penalties, or comply with any 
permit previously issued to the applicant. In addition, the language in 
new section 922.34 governing permit amendments has been revised to 
clarify that NOAA does not issue ``renewal'' permits, but has a 
longstanding practice of ``amending'' the expiration dates of existing 
permits provided the permit has not expired.
7. Authorizations
    In this rule, NOAA moves the regulations regarding authorizations 
from section 922.49 to a new section 922.36. The regulations provide 
the Director with authority to allow an otherwise prohibited activity 
``if such activity is specifically authorized by any valid Federal, 
State, or local lease, permit, license, approval, or other 
authorization.'' An authorization is designed to streamline regulatory 
requirements by reducing the need for multiple permits (78 FR 6005, 
January 26, 2013). NOAA also finalizes the requirement that the 
Director consider the permit review criteria in making decisions on 
authorizations.
8. Consultation With Washington Coast Treaty Tribes on Permit 
Regulations
    Pursuant to Executive Order 13175, this rule was developed after 
meaningful consultation and collaboration with the tribal 
representatives from the Makah, Hoh, and Quileute Indian Tribes and the 
Quinault Indian Nation of the Olympic Coast Intergovernmental Policy 
Council (IPC). During the consultation, NOAA advised the IPC tribal 
representatives that this action would include non-substantive, 
technical changes to the existing permit regulations. In response to 
comments from the Makah Tribe, NOAA is including preamble text to 
clarify that the relocation of the tribal self-determination provision 
does not change the intent or application of this provision.
    In this rule, NOAA adds a defined term ``Washington Coast treaty 
tribe,'' moves the tribal self-determination permit category to the 
national permitting regulations, modifies a permit review criterion to 
require that permitted activities shall not have an adverse effect on 
Washington Coast treaty tribes, and adds the consideration of all 
permit review criteria (including the effect of the activity on tribes) 
to the permit procedures in subpart D.
    As noted above, NOAA has added the term ``Washington Coast treaty 
tribe'' to the general definitions in section 922.11. The term was 
suggested as a result of consultation during the Olympic Coast NMS 
management plan review process. The new definition specifically refers 
to any of the four tribes currently identified in the existing Olympic 
Coast NMS regulations and is defined as ``the Hoh, Makah, or Quileute 
Indian Tribes or the Quinault Indian Nation.''
    For Olympic Coast NMS specifically, NOAA retains the permit 
category for activities that further tribal self-determination. NOAA 
moves without change the tribal self-determination permit category to 
the new permitting section under subpart D. The permit category 
continues to read: ``promote or enhance tribal self-determination, 
tribal government functions, the exercise of treaty rights or the 
economic development of the tribe, subsistence, ceremonial and 
spiritual activities, or the education or training of a tribal 
member.'' As previously stated, the relocation of this permit category 
does not change the intent or application of this provision.
    NOAA eliminates the Olympic Coast NMS site-specific impact 
threshold that permitted activities must not ``substantially injure'' 
sanctuary resources and qualities. The impact threshold is replaced by 
nine (9) affirmative findings as discussed earlier in the preamble to 
this rule. NOAA finds that this impact threshold is adequately captured 
in the findings that the activity must be (1) conducted in a manner 
compatible with the primary objective of resource protection, (4) the 
end value to the goals and objectives of the sanctuary outweighs 
potential adverse impacts, and (9) the activity does not adversely 
affect Washington Coast treaty tribes. The permit review criteria now 
require the Director to make affirmative findings, including that 
permitted activities would not adversely affect Washington Coast treaty 
tribes.
    NOAA believes the changes to the permit review requirements 
increase consideration of tribal interests. With this rule, the 
Director must consider all of the permit review criteria when 
evaluating authorization requests. This includes understanding whether 
an activity adversely affects Washington Coast treaty tribes. The 
previous regulations did not explicitly require the Director to 
consider tribal interests when issuing permits. Therefore, this 
regulatory action should further increase deliberate consideration of 
and adverse effects of permit decisions on tribal interests.
    Since the proposed rule published in the Federal Register, Olympic 
Coast NMS and the Makah Tribe also engaged in government-to-government 
consultation on tribal involvement in the consideration of Olympic 
Coast NMS permit applications and jointly developed a ``Protocol for 
Permit Consultation'' that specifies the procedures by which 
consultation and coordinated communication occurs between the Makah 
Tribe and the Olympic Coast NMS staff. Sanctuary staff and tribal 
representatives meet periodically to engage in permit consultations on 
ONMS permit applications, and the results of which are included in ONMS 
permit decision documents. In addition, the Makah Tribe and ONMS 
developed a protocol to engage in consultation as part of the NMSA 
section 304(d) interagency consultation process and have implemented it 
in two recent sanctuary consultations. Olympic Coast NMS regularly 
engages with the Washington Coast treaty tribes on various initiatives 
of mutual interest. The language that NOAA adopts in this rule has been 
vetted through public review and government-to-government consultation 
with the tribes.

IV. Responses to Comments

    NOAA solicited public comments on the proposed rule, seeking to 
determine whether the proposed changes effectively streamlined or 
otherwise improved the regulations. NOAA also invited commenters to 
provide suggestions on how to make the regulations easier to 
understand. NOAA received written comments from 28 individuals or 
entities on the proposed rule and grouped them into 46

[[Page 29616]]

categories below. NOAA's response follows each comment.

General

    1. Comment: Commenters commended NOAA's efforts to streamline the 
regulations to create consistency across the national marine sanctuary 
general regulations and site-specific regulations. They recognized it 
was complex work, in that the streamlining covered a wide range of 
regulations, including but not limited to, regulatory consolidation, 
elimination of regulations, amending regulatory procedures, and changes 
to regulatory definitions. In addition, commenters supported efforts to 
harmonize and consolidate definitions with broad applicability for the 
National Marine Sanctuary System. Commenters noted that definitions 
have important implications for sanctuary regulations and are key 
factors in determining access, restricted use, and user burdens.
    Response: NOAA agrees with the comment.

NEPA Analysis

    2. Comment: Commenters recommended that NOAA prepare and release 
for further public comment an environmental assessment that analyzes 
the proposed regulatory changes and their effect on the human 
environment. Commenters stated that a proper analysis would allow the 
public to better understand the purpose and need for the proposed 
changes as well as the potential impacts.
    Response: NOAA determined that because this rule includes only 
technical and administrative changes to regulatory text it meets the 
definition in Appendix E of the NOAA NEPA Companion Manual under 
categorical exclusion reference number G7 ``Preparation of policy 
directives, rules, regulations, and guidelines of an administrative, 
financial, legal, technical, or procedural nature, or for which the 
environmental effects are too broad, speculative or conjectural to lend 
themselves to meaningful analysis and will be subject later to the NEPA 
process, either collectively or on a case-by-case basis.'' In 
considering the list of extraordinary circumstances, NOAA determined 
that none would be triggered by this rule. Therefore, NOAA determined 
that this rule would not result in significant effects to the human 
environment and is categorically excluded from the need to prepare an 
environmental assessment (EA).

Executive Order 13563

    3. Comment: Commenters support the review per the direction of 
Executive Order (E.O.) 13563 ``Improving Regulation and Regulatory 
Review.'' However, commenters also noted that section 3 of E.O. 13563 
advises against redundant regulations and requires agencies to attempt 
to promote coordination, simplification, and harmonization across 
regulatory regimes. Commenters questioned whether ONMS conducted such a 
review, or if it only looked at its own regulations. The commenters 
suggested that ONMS consider potential regulatory redundancies and 
management duplication within sanctuaries and with other agencies with 
statutory authority over marine resources.
    Response: ONMS consulted with other federal regulatory agencies, 
such as the NPS and NOAA's National Marine Fisheries Service (NMFS), 
with which ONMS frequently cooperates and shares related jurisdiction. 
ONMS also used the draft proposed regulations to identify whether there 
were any other additional redundancies that could be addressed. NOAA is 
committed to conducting periodic evaluations of individual sites and 
management plan reviews consistent with NMSA section 304(e) to revise 
the regulations and management plans as necessary to fulfill statutory 
mandates. The purpose and intent of E.O. 13563 is also considered as 
part of the management plan review process in each sanctuary.

Consolidation of Subparts

    4. Comment: NOAA should not eliminate existing section 922.21, or 
the entirety of subpart C (Designation of National Marine Sanctuaries). 
Commenters contend that one of the purposes of regulations is to 
implement the provisions and requirements contained in Congressional 
statutes that are not only applicable to citizens, but to federal 
agencies as well. Commenters stated the regulations must maintain 
reference to the sanctuary designation requirements. Commenters also 
stated that the public generally does not read Congressional acts, so 
maintaining a reference to the sanctuary designation standards set 
forth in section 303 of the NMSA within the Code of Federal Regulations 
provides the public with a means to evaluate NOAA's transparency and 
compliance with the NMSA in future sanctuary actions.
    Response: This comment is no longer relevant, and has been 
overtaken by intervening agency action. On June 13, 2014, NOAA 
eliminated and reserved section 922.21 through a separate rulemaking 
that established the sanctuary nomination process (SNP) (79 FR 33851, 
June 13, 2014). The 2014 SNP has been incorporated in this rule.
    5. Comment: NOAA should maintain section 922.30(b) of subpart D 
pertaining to development and implementation of site-specific 
contingency and emergency-response plans designed to protect sanctuary 
resources, including alert procedures and actions to be taken in the 
event of an emergency such as a shipwreck or an oil spill.
    Response: NOAA disagrees with this comment, and declines to retain 
section 922.30. The previous section 922.30 was vague and provided no 
direct information to the public concerning sanctuary-related emergency 
response plans. NOAA maintains that under section 304(a)(2)(C) of the 
NMSA it retains the authority and ability to develop such plans as 
needed and does not require regulations to direct the development of 
specific contingency and emergency-response plans. Therefore, NOAA has 
decided to remove the previous section 922.30 because it was 
duplicative of the statutory requirements.

Submerged Lands

    6. Comment: Commenters noted that the term ``submerged lands'' 
carries a legal definition under the Submerged Lands Act, so NOAA 
should describe the impact of moving away from the term ``seabed'' and 
using ``submerged lands'' in its place. They stated that the public 
would benefit from more description with regard to States' rights and 
ownership of submerged lands. Another commenter stated that in Hawaii, 
submerged lands are considered ceded lands, which are, among other 
things, held in trust for the betterment of Native Hawaiians. Another 
commenter stated that NOAA appeared pre-decisional in that four sites 
(Flower Garden Banks NMS, Stellwagen Bank NMS, Hawaiian Islands 
Humpback Whale NMS, and Florida Keys NMS) would likely move towards a 
submerged lands definition.
    Response: NOAA has consistently interpreted its authority under the 
NMSA as extending to submerged lands, and amendments to the NMSA in 
1984 (Pub. L. 98-498) clarified that submerged lands may be designated 
by the Secretary of Commerce as part of a national marine sanctuary (16 
U.S.C. 1432(3)). Therefore, there is no substantive change from moving 
away from the term ``seabed.''
    NOAA updates references in certain site-specific regulations from 
``seabed'' to ``submerged lands'' in order to align the regulations 
with the terms of designation for those particular sites

[[Page 29617]]

that now use the term ``submerged lands'' (Channel Islands NMS, Greater 
Farallones NMS, Gray's Reef NMS, Cordell Bank NMS, and Monterey Bay 
NMS). NOAA has decided not to add ``or submerged lands'' terminology to 
the site regulations for the following four sanctuaries--Flower Garden 
Banks NMS, Stellwagen Bank NMS, Olympic Coast NMS, and Florida Keys 
NMS--because the terms of designation for these sanctuaries use the 
term ``seabed.'' Updating the term ``seabed'' to ``submerged lands'' 
for the sites that use ``submerged lands'' in their terms of 
designation is not intended to result in any legal or substantive 
change to the regulations.
    A discussion of State's rights in regard to submerged lands is 
beyond the scope of this rulemaking. However, the State of Hawaii and 
Native Hawaiians play an important role in the co-management of 
Hawaiian Islands Humpback Whale NMS. The sanctuary is co-managed 
through an agreement with the State of Hawaii and the sanctuary 
advisory council includes representation of Native Hawaiian interests. 
This coordination helps to ensure the views and concerns of Native 
Hawaiians are considered in the management of sanctuaries that overlap 
state submerged lands.

Site Evaluation List (SEL)

    7. Comment: There was broad general support from the public for the 
proposal to remove the SEL requirement from section 922.10. Support was 
mainly from organizations and individuals who viewed the SEL 
requirement as an impediment to the potential nomination of noteworthy 
sites.
    Response: NOAA appreciates the support of the general public and 
organized groups that might wish to submit nominations to consider new 
sites for designation as national marine sanctuaries. In 1995, NOAA 
deactivated the SEL and no new areas could be added to the list for 
sanctuary consideration. Commenters supported the proposal to remove 
the SEL regulations because it would remove a barrier for potential 
nomination of noteworthy sites. Since the publication of the proposal 
to remove the SEL requirement, NOAA, in a subsequent action established 
the sanctuary nomination process (SNP) regulations in subpart B and 
removed the SEL regulatory language at that time (79 FR 33851, June 13, 
2014). As such, the SEL requirement has already been removed from the 
Part 922 regulations.
    8. Comment: A few commenters expressed concerns about amending the 
regulations for the SEL. They stated that there were no specific 
details as to how the additional method for identifying and nominating 
sites would work, what programmatic objectives NOAA would use to 
evaluate them, and urged NOAA to follow sections 303 and 304 of the 
NMSA for interagency review. Other commenters expressed concerns over 
agency resources available to identify and add new sanctuaries to the 
system.
    Response: As noted above, this comment is no longer relevant, and 
has been overtaken by intervening agency action. In June 2014, NOAA 
eliminated the SEL, and established the SNP, a community-driven 
nomination process for identifying and submitting to NOAA marine and 
Great Lakes sites for consideration as national marine sanctuaries. The 
SNP has been incorporated into this final rule, and is re-codified in 
new sections 922.12 and 922.13 without any changes to the existing 
language.

Fishing Regulations

    9. Comment: Some commenters supported providing additional time to 
the RFMCs to develop draft fishing regulations, from the proposed 120 
days to 180 days. Other commenters suggested that 180 days may still 
not be long enough to develop draft fishing regulations, especially 
considering the requirements of the MSFCMA, and if the National 
Environmental Policy Act requirements are to be completed prior to 
final Council action as encouraged by a National Marine Fisheries 
Service Policy Directive (February 2013). Commenters suggested at least 
one year or more as a more appropriate time frame.
    Response: NOAA appreciates the administrative constraints of the 
RFMCs and attempted to relieve some of the burden by extending the 
timeline for developing draft fishing regulations. NOAA selected 180 
days because typically two Council meetings can occur within this time 
frame, which allows the issue to be introduced at one meeting and a 
decision to be made at a second meeting. NOAA seeks to balance 
efficiency of its own rulemaking and environmental compliance processes 
with allowing sufficient time for the Councils to deliberate and 
develop draft fishing regulations, if they so choose. Therefore, no 
changes were made based on this comment.
    10. Comment: Other commenters reiterated that fish and continental 
shelf fishery resources under the authority of the Secretary of 
Commerce should be managed pursuant to the MSA, and the RFMCs should 
prepare fishing regulations within a sanctuary in accordance with 
sections 302 and 304 of the MSA. They believe that under the RFMC 
process, fishery resources are managed consistently throughout their 
range and with the best scientific information available. Commenters 
stated that sanctuaries have neither the scientific expertise nor 
transparent and inclusive public process to address fishery management 
issues. In addition, the MSA contains specific National Standards, 
guidelines, scientific and economic considerations, and clear 
requirements for public input that include but extend beyond NEPA 
considerations.
    Response: ONMS has not proposed any fishing regulations. The plain 
language of NMSA section 304(a)(5) provides clear guidance on the 
process for developing fishing regulations. The purpose of this action 
is merely to establish a clear schedule for the RFMCs to develop draft 
fishing regulations applicable in national marine sanctuaries.

Definitions

System-Wide Application

    11. Comment: NOAA should not establish definitions that apply 
nation-wide. Commenters stated that sanctuaries by design are place-
based and reflect local management objectives. They argue it is unclear 
what purpose nation-wide definitions serve for place-based sanctuaries. 
If anything, this may limit individual sanctuaries, and the local 
constituents and user groups they serve, from establishing local 
definitions that reflect the socio-cultural characteristics of a 
particular place or region.
    Response: NOAA appreciates the commenters' concerns, but disagrees 
with the suggested approach. NOAA's decision to adopt general 
definitions is dependent on whether the term at issue applies across 
the System (e.g., ``effective date'' is a general term that applies to 
all sanctuaries). Whenever a term has limited application, NOAA has 
chosen to retain the site-specific definition, which only applies to 
the corresponding site and has no general, system-wide applicability 
(e.g., ``No activity zone'' in Flower Garden Banks NMS, and ``Davidson 
Seamount Management Zone'' in Monterey Bay NMS).

Adopting Other Statutory Definitions

    12. Comment: Commenters were concerned that by adopting the 
definitions and, thereby, standards of several other statutes, NOAA may 
increase the overlap of regulatory programs. Commenters were concerned 
that this creates the potential for

[[Page 29618]]

duplicative and conflicting regulatory interpretations and outcomes, 
which increases litigation risk for the Department of Commerce, and for 
action proponent agencies. ONMS should seek to develop processes that 
complement, rather than overlap existing regulatory programs.
    Response: NOAA disagrees and believes that the proposed approach 
serves to provide certainty and remove the potential for conflicting 
regulatory requirements. In this rulemaking, NOAA adopts the 
definitions of ``take'' from other relevant statutes. Through this 
approach, if those referenced authorities change over time--either 
through an agency changing its interpretation or Congressional 
updates--NOAA would not have to make corresponding changes to the 
sanctuary regulations and consistency across the statutory regimes will 
be maintained. NOAA believes this increases consistency and efficiency 
for both the federal government and the regulated community. By 
referencing the other statutes explicitly, NOAA eliminates the 
potential for conflicting regulatory interpretations. Doing so also 
provides law enforcement agencies notice of what laws apply all in one 
place. NOAA believes this provides an important level of certainty to 
law enforcement that is consistent with the NMSA goal to provide for 
comprehensive and coordinated conservation and management of 
sanctuaries (16 U.S.C. 1431(b)(2)).
    13. Comment: Certain resources that may exist within sanctuary 
boundaries are already covered by the ESA, MMPA, and MBTA, and are not 
in need of protection under the NMSA via clauses (1), (2), and (3) of 
the proposed definition of ``take or taking.'' Commenters stated that 
ONMS should consider focusing protection resources on those areas not 
already protected through other regulatory programs.
    Response: NOAA already incorporates the ESA, MMPA, and MBTA in its 
general regulations and site-specific regulations. Additionally, there 
may be circumstances where pursuing a ``take or taking'' under the ESA, 
MMPA, or MBTA could generate greater litigation risk or jeopardize 
adequate redress. ONMS believes that the concurrent authority to pursue 
violations under the NMSA provides important flexibility for considered 
judgment and adequate assurance that NOAA is able to sufficiently deter 
the illegal taking of sanctuary resources. Moreover, strengthening 
protections over already protected resources does not preclude NOAA 
from augmenting safeguards for other resources not granted similar 
protections under other statutes.
    14. Comment: One commenter gave the following example: ``Adoption 
of other statutory definitions creates a situation where NMFS could be 
required to formally consult with the ONMS in permitting or regulatory 
actions such as when issuing new regulations for resources protected 
under the ESA and MMPA.'' The commenter stated that such an outcome 
appears to be contrary to the NMSA section 301(b)(2) which calls for 
``coordinated conservation and management of [marine sanctuaries], and 
activities affecting them, in a manner which complements existing 
regulatory authorities.''
    Response: NOAA does not believe the incorporation of other 
definitions is duplicative or conflicting. NOAA currently cross 
references the ESA, MMPA, MBTA, and other statutes in the existing 
sanctuary regulations. NOAA believes that efficiency is increased by 
adopting other statutory actions, and achieves the directive under NMSA 
section 301(b)(2). Incorporation of other statutory definitions of 
``take'' is unrelated to other federal agencies duties to consult with 
ONMS under NMSA section 304(d). NMSA section 304(d) requires any 
federal agency (inclusive of other offices in NOAA) to consult with 
ONMS for actions that are likely to injure sanctuary resources. The 
regulatory definition of ``injure'' does not adopt by reference the 
other statutory definitions of ``take.''
    15. Comment: In general, some commenters were concerned that 
adoption of terms ran a risk of these terms being used out of their 
original context and reasoning. For example, the commenters stated that 
apparently simple alterations to the definitions of ``injure,'' ``take 
or taking,'' ``harmful matter,'' and ``seabird'' change standards and 
create cascading effects and considerable expansion of 
responsibilities. Commenters expressed concern that expanded 
responsibilities might lead to litigation against ONMS and proponent 
agencies.
    Response: As previously mentioned, in the existing sanctuary 
regulations, NOAA routinely cross references definitions as used in 
other statutes (see the existing definition of ``take or taking'' as 
set forth in 922.3). NOAA believes that referencing other statutes 
provides consistent terminology that benefits the public understanding 
and ability to comply with various Federal laws and regulations that 
overlap in one location. In addition, ONMS routinely works with 
partners on statutory and regulatory enforcement. These partners 
include the Fish and Wildlife Service (FWS), NMFS, the U.S. Coast 
Guard, the NPS, and state and local enforcement agencies. These 
partners have to reference different variations of definitions, and to 
correctly distinguish between them when issuing a citation. NOAA 
believes that adoption of uniform standards will help the many 
enforcement officers that use these definitions to more clearly and 
consistently identify violations, and should lead to greater overall 
protection of the resources under NOAA's authority.
    As such, NOAA does not believe that the changes to definitions 
finalized in this action expand NOAA's authority or create additional 
administrative or enforcement burden. However, in response to these 
concerns, NOAA has modified the definition of ``injure or injury'' to 
remove the phrase ``or impairment of a sanctuary resource service.'' 
NOAA has modified the definition of ``take or taking'' to ensure the 
existing scope of these definitions is not unintentionally expanded.

Conventional Hook and Line Gear

    16. Comment: The definition of ``conventional hook and line gear'' 
is too broad and appears to limit traditional fishing methods. For 
example, deep-water bottom fish hook and line gear includes branch 
lines with baited hooks and is a traditional fishing gear in Hawaii and 
other U.S. Pacific Islands, and in other areas fishers may use hook and 
line gear that include branch lines and baited hooks. The proposed 
definition does not include these methods, and also does not include 
vertical handline gear, vertical longline gear, shortlines, among 
others.
    Response: NOAA continues to believe that longline and shortline 
gear is not ``conventional hook and line gear'' as the term is used in 
the existing site-specific regulations for the Flower Garden Banks NMS, 
section 922.122. Additionally, none of the fishing activities in the 
Pacific Region mentioned by the commenter would be affected by the 
definition of this term because it only appears in the Flower Garden 
Banks NMS prohibition and does not appear in any other site-specific 
regulations. If an activity is traditional fishing, then it is already 
included under the ``traditional fishing'' regulation, which is 
discussed further in the next comment.

Traditional Fishing

    17. Comment: NOAA should not consolidate the term ``traditional 
fishing'' into a single definition. The commenters stated that under 
the

[[Page 29619]]

proposed definition, fishing conducted by Native Americans in 
sanctuaries on the West Coast, and by indigenous peoples in the 
American Samoa and Hawaiian Island Humpback Whale sanctuaries would not 
meet the definition of traditional fishing as many practices, some of 
which are only now being revitalized, are not identified in original 
sanctuary documents. Commenters suggested this was insensitive to 
indigenous cultures that have been fishing for thousands of years in 
areas that are now sanctuaries. The commenter states that furthermore, 
because the term is used only in the Florida Keys and Thunder Bay 
sanctuaries, it is not appropriate to apply this definition broadly to 
the entire sanctuary system.
    Response: NOAA appreciates the concerns raised by the commenters. 
Pursuant to E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments, in 2012, NOAA also invited Federally-recognized Indian 
tribes in the state of Washington (in particular, the Hoh, Makah, and 
Quileute Indian tribes and the Quinault Indian Nation) to engage in 
consultation. After reviewing consultation feedback and public 
comments, NOAA has decided not to consolidate the definition of 
``traditional fishing.'' The term ``traditional fishing'' as referenced 
in three sanctuaries (Florida Keys NMS, Thunder Bay NMS, and Stellwagen 
Bank NMS) will remain in their respective site-specific regulatory 
sections.

Motorized Personal Watercraft (MPWC)

    18. Comment: Some commenters were concerned about the effort to 
standardize the definition of a motorized personal watercraft (MPWC). 
Although these commenters generally supported the creation of a 
standard definition of MPWC, the commenters revealed that consolidating 
the definition could create undesirable outcomes under the site-
specific regulations for Channel Islands, Greater Farallones, Monterey 
Bay, and the Florida Keys and potentially expand the number and types 
of vessels that could be banned or restricted from operation in the 
Sanctuary System. Another commenter suggested that NOAA adopt the term 
``personal watercraft'' instead of adopting ``motorized personal 
watercraft.''
    Response: Having considered the comments provided on the proposal 
to consolidate the definition of MPWC and ``personal watercraft,'' NOAA 
has determined that more time is needed to gather more information, 
engage stakeholders and the sanctuary advisory councils, develop 
alternative consolidated definitions of MPWC, and thoroughly evaluate 
the environmental impacts associated with said consolidated 
definitions. Therefore, NOAA has decided not to consolidate the 
definitions of MPWC or ``personal watercraft'' at this time. As a 
result, the existing definitions of MPWC set forth in 15 CFR 922.71 
(Channel Islands NMS), 922.81 (Greater Farallones NMS), and 922.131 
(Monterey Bay NMS), and the existing definition of ``personal 
watercraft'' in 922.162 (Florida Keys NMS) remain unchanged.

Injure or Injury

    19. Comment: The commenters expressed concern that the proposed 
rule would expand the definition of ``injure'' to include direct and 
indirect ``impairment of a sanctuary resource service.'' The commenters 
were also concerned that the proposed change, if approved, would 
encompass short and long-term adverse changes to any chemical, 
biological or physical attribute or viability of a sanctuary resource 
and would not be limited to acts that cause loss or destruction. 
Commenters stated that this expanded definition of ``injury'' has been 
considered and rejected by Congress in past efforts to reauthorize the 
NMSA, and maintained that this is a broadening of the definition rather 
than a mere updating, as NOAA has indicated in the proposed rule. The 
commenters state that the proposal substantially enlarges the category 
of effects that constitute injury, and would change the type of cases 
or expand the pool of potential violations that are likely to be issued 
using this definition. Lastly, the commenters stated that while it is 
likely obvious to members of the public what it is to cause loss or 
outright destruction of a sanctuary resource, is it not clear what 
might constitute ``indirect'' injury.
    Another commenter noted that the phrase ``or the impairment of a 
sanctuary resource service'' is redundant and leads to confusion. The 
commenter stated that if a ``resource service'' is a function performed 
by a sanctuary resource for the benefit of another sanctuary resource 
or the public, then impairment to that sanctuary resource's function 
would already constitute an injury to the resource itself. The 
commenter argues that an injury to the resource itself is already 
covered by the existing definition.
    Response: In response to comments, NOAA will update the existing 
definition of ``injure'' to include ``injury '' and move the definition 
from 15 CFR 922.3 to 15 CFR 922.11. Additionally, NOAA is no longer 
including the phrase ``or impairment of a sanctuary resource service'' 
found in the proposed definition of ``injury.'' The updated definition 
will read as follows:
    Injure or injury 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.
    NOAA acknowledges potential confusion created by the insertion of 
the term ``impairment of a sanctuary resource service'' in the first 
sentence of the proposed definition of ``injure.'' With that stated, 
NOAA's proposed definition would not have expanded the definition of 
injury. NOAA merely attempted to clarify and codify existing statutory 
language and interpretation.
    The term ``injure'' is not limited to acts that cause the loss of, 
or destroy. The statutory prohibition found in NMSA section 306 
establishes that it is unlawful to ``destroy, cause the loss of, or 
injure any sanctuary resource.'' In adopting this language, Congress 
makes clear that ``injure'' is distinct, and not limited to, acts that 
``destroy'' or ``cause the loss of'' a resource. The plain language 
reading of the term ``injure'' includes to ``impair the soundness of'' 
(https://www.merriam-webster.com/dictionary/injure).
    The inclusion of ``impairment of a sanctuary resource service'' is 
consistent with the statutory purpose of the NMSA, which establishes a 
National Marine Sanctuary System to ``maintain for future generations 
the habitat, and ecological services'' of the living resources in the 
sanctuaries, 16 U.S.C. 1431(a)(4), and the definition of ``damage,'' 16 
U.S.C. 1432(6), which recognizes ``lost use of a sanctuary resource'' 
as being compensable.
    Additionally, the existing definition of injury codified at 15 CFR 
922.3 already establishes that ``injure means to change adversely, in 
the short and long term, a chemical, biological, or physical attribute 
of, or viability of. This includes, but is not limited to, to cause the 
loss of or destroy.'' Therefore, NOAA has not broadened the definition 
of ``injury'' to encompass ``short and long term adverse changes to any 
chemical, biological or physical attribute or viability of a sanctuary 
resource.'' The use of the phrase ``impairment of a sanctuary resource 
service'' would have served as another example of what ``to change 
adversely'' means.
    While NOAA has decided to remove this phrase ``impairment to a 
sanctuary resource service'' from the proposed definition of injury, 
NOAA will

[[Page 29620]]

continue to work with agency partners and stakeholders to help them 
better understand the definition.

Sanctuary Resource

    20. Comment: NOAA should modify the definition of ``sanctuary 
resource'' to incorporate the phrase, ``or parts or products thereof'' 
after ``any living or non-living resource of a national marine 
sanctuary.''
    Response: ONMS agrees with this comment and has incorporated the 
phrase into the definition.
    21. Comment: Some commenters believe that: ``fishery resources'' 
should be specifically excluded from the definition of ``sanctuary 
resources.''
    Response: NOAA maintains that fish and fisheries resources are some 
of the most significant resources in many sanctuaries, and as such, are 
appropriate for inclusion in the definition of ``sanctuary resources.'' 
In addition, inclusion of these resources as ``sanctuary resources'' is 
consistent with NMSA which contemplates fisheries regulation within the 
scope of NMSA regulatory authority (see 16 U.S.C. 1434(a)(5)).
    22. Comment: Commenters were concerned that the inclusion of the 
seemingly innocuous phrase ``any living or non-living resource of a 
national marine sanctuary'' could have unintended consequences as 
animals and resources that may only pass through a sanctuary would now 
become a sanctuary resource. Excluding the phrase ``or parts or 
products thereof'' does not diminish or undermine protection for 
sanctuary resources that may be ``dismembered and removed.''
    Response: The phrase ``any living or non-living resource of a 
national marine sanctuary'' is contained in the NMSA under the 
definitions at section 302(8). Therefore, excluding this phrase from 
the regulatory definition would be inconsistent with the NMSA. Since 
dead animals are captured in the phrase ``living or non-living,'' NOAA 
includes the phrase ``parts thereof'' in the regulatory text. This is 
consistent with the approach taken by other federal agencies, such as 
FWS, NMFS, and NPS.
    A sanctuary resource needs only to contribute to the value of a 
sanctuary to be considered a ``sanctuary resource.'' Specifically, the 
NMSA states (16 U.S.C 1432(8)) ``sanctuary resource means any living or 
nonliving resource of a national marine sanctuary that contributes to 
the conservation, recreational, ecological, historical, educational, 
cultural, archeological, scientific, or aesthetic value of the 
sanctuary.'' Therefore, a sanctuary resource may also be transitory.

Take or Taking

    23. Comment: Several commenters expressed concerns about the 
revision of the definition of the term ``take or taking.'' Commenters 
stated that the term ``take'' could have a very low threshold for what 
activities could cause take (i.e., Level A and B harassment for 
incidental take pursuant to the MMPA). Commenters also stated that 
``take'' as defined in regulations implementing the ESA and MBTA are 
more direct and obvious acts which ``actually kills or injures 
wildlife'' (in the case of species protected under the ESA); and 
``hunting, taking, capture, killing possession, sale, transportation of 
any . . . bird, or part, nest or egg'' (in the case of birds protected 
under the MBTA). The apparent differences of definitions and 
applications of ``take'' standards concerned some commenters. 
Commenters stated that absent a clear indication of how NOAA's Office 
of Law Enforcement would interpret an expanded definition, the proposal 
does not provide the public with transparent and fair warning.
    Response: NOAA asserts that, by adopting these statutes by 
reference, the revised definition improves clarity and consistency with 
the ESA, MMPA, and MBTA and does not change the threshold for take. 
Both the ESA and MMPA apply to incidental and direct takes and include 
both physical injury and behavioral harassment (see response to comment 
14). NOAA believes that adopting other statutes by reference ensures 
consistency should either those statutes or their implementing 
regulations be modified.
    NOAA has determined that applying the definition to other sanctuary 
resources as originally proposed could be interpreted as expanding the 
applicable scope of take or taking in certain site-specific sanctuary 
regulations. As such, NOAA has decided not to apply the ``take'' 
definition to other sanctuary resources. Accordingly, the finalized 
definition is limited to marine mammals, sea turtles, and birds. NOAA 
also added additional language to capture a previously omitted phrase 
to ensure that there is no substantive difference between the previous 
definition and the definition established in this rule. The 
inadvertently omitted phrase ``to tag any sea turtle, marine mammal, 
and bird'' is also included in the definition of ``take''.
    24. Comment: Some commenters also stated that instead of being a 
clarification, the proposed definition of ``take or taking'' would 
expand the scope of the regulation beyond the authority of the NMSA. 
They said the proposed definition goes too far because some of the 
actions listed in the proposed fourth provision of the new definition 
(i.e., applying the take definition to other sanctuary resources) do 
not rise to the level of destruction, loss, or injury. Commenters 
stated that, when combined with existing site-specific regulations 
prohibiting ``take,'' the new definition would extend greater-than ESA-
, MMPA-, and MBTA-level protections to resources not entitled to that 
level of protection under the NMSA (which prohibits destruction, loss, 
or injury). Some commenters expressed concern about the impact these 
changes would have on recreational fishing, which removes a species 
from a sanctuary's waters. They questioned if fishing and fish that are 
released but subsequently die would be considered a take. Some 
commenters asserted that NOAA proposed the ``take or taking'' 
definition changes as a means of reducing human activity wherever 
possible. They assert this was mission-creep and protectionism that is 
counter to the ``wise multiple use'' concept promised to secure 
fishermen's support for sanctuary creation.
    Response: NOAA does not finalize the proposed fourth provision 
related to take of other sanctuary resources. Consistent with the 
original definition of ``take or taking,'' NOAA limits the 
applicability of the definition to ``take (taking or taken) of a marine 
mammal, sea turtle or bird.'' NOAA also includes the provision ``take 
also includes, but is not limited to, collection of any dead or injured 
marine mammal, sea turtle, or bird, or any part thereof; or restraint 
or detainment of any marine mammal, sea turtle, or bird, no matter how 
temporarily; tagging any marine mammal, sea turtle, or bird; or 
operating a vessel or aircraft or conduct any other act that results in 
the disturbance or molestation of any marine mammal, sea turtle, or 
bird.'' This retains certain aspects of the original definition that 
were omitted from the proposed rule. While the general definition of 
take applies to classes of resources protected under the ESA, MMPA, or 
MBTA, some site-specific regulations prohibit ``take'' of other 
sanctuary resources. For other site-specific regulations that prohibit 
take of other living or non-living sanctuary resources beyond the 
classes of resources protected under the ESA, MMPA, or MBTA, the plain 
meaning of the term ``take (taking or taken)'' will continue to apply. 
For a discussion of the interrelationship between ``take'' and 
``injury'' (see comment response 14).

[[Page 29621]]

    25. Comment: One commenter also expressed concerns that two new 
terms ``disturbance'' and ``molestation'' were introduced in the fourth 
provision of the proposed definition. Commenters said these appear to 
describe a new legal standard that was not identified as a level or 
threshold of expected protection and are undefined in the proposed 
regulation. They stated these terms are subject to divergent 
interpretation, create ambiguity, and are more restrictive than even 
the lowest levels of protection identified in other resource protection 
statutes.
    Response: As discussed above, NOAA removes the fourth provision 
from the definition of take established in this rule. The terms 
``disturbance'' and ``molestation'' were already included in the 
original definition of ``take or taking,'' which states that take also 
includes, but is not limited to operating a vessel or aircraft or 
conducting ``any other act that results in the disturbance or 
molestation of any marine mammal, sea turtle, or bird.'' NOAA is 
retaining that provision in the final definition as to not 
substantively change the definition.

Harmful Matter

    26. Comment: Commenters were concerned the proposed change was 
overbroad and left the door open for regulating any and all substances 
and discharges currently regulated by the Clean Water Act (CWA) and the 
Clean Air Act (CAA). Commenters suggested that the term should be 
substantially narrowed to a discrete and discernible list of substances 
known to present a substantial threat to the sanctuary resources 
identified in the NMSA.
    Response: NOAA understands the broad scope nature of the revised 
term, but due to the unique characteristics of each site, a single list 
of applicable substances is not appropriate. The intent of the 
clarification is mainly for prevention of harmful chemicals from 
entering sanctuaries, which are already prohibited in many cases. The 
definition of harmful matter includes those contaminants identified as 
hazardous substances pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) (as designated at 40 
CFR 302.4). The intent of reference to the CERCLA regulatory definition 
of hazardous substances in the definition of harmful matter is to 
ensure that any subsequent updates to the CERCLA list at 40 CFR 
302.4(a), or other definitional changes, are automatically included 
within the NMSA regulatory definition of harmful matter. NOAA is aware, 
and believes it appropriate, that substances and discharges currently 
regulated by the CWA and the CAA may also be ``harmful matter'' 
pursuant to the NMSA regulatory definition.
    27. Comment: There was concern that the proposed definition of 
``harmful matter'' would encompass the release of military expended 
materials within a sanctuary in the course of conducting training 
activities, and would substantially alter existing protections for 
military readiness activities. Commenters claim that the release of 
military expended materials is purposeful and is not debris, should not 
be considered a harmful matter across all sanctuaries, and regulation 
of these materials should not be expanded.
    Response: NOAA's changes to the definition of the term ``harmful 
matter'' are limited to technical revisions that improve readability 
and do not substantively affect its application in the regulations. The 
revised definition also would not revise any existing exemptions for 
military activities that are currently contained in the existing site-
specific regulations.

Substituting ``Bird'' for ``Seabird''

    28. Comment: Commenters expressed concern that substitution of the 
term ``bird'' for ``seabird'' expands the statutory protection for all 
birds that transit through a sanctuary, under the theory that even 
temporary presence or transits make the birds a sanctuary resource. 
Commenters stated that this change would impermissibly enlarge the 
scope of the regulation beyond that authorized by the NMSA, which they 
believe only includes discrete areas of the marine environment. 
Commenters continued that seabirds are those adapted to life in the 
marine environment and routinely use sanctuary resource services for 
survival and arguably fit the statutory definition of a sanctuary 
resource. However, other migratory birds which temporarily transit 
through airspace over the sanctuary, are not adapted to the marine 
environment, or do not depend on the marine environment during their 
life cycle, do not fit the definition and should not be included.
    Response: The NMSA focuses upon protecting sanctuary resources, and 
authorizes the Secretary to regulate activities--both inside and, and 
in some cases, outside of a sanctuary--that affect sanctuary resources 
within a sanctuary. This authority was clarified in 1992 with the 
enactment of the prohibitions found at section 306 of the Act (which 
was discussed in the accompanying legislative history at H.R. Rep. 102-
565, Sec.  7 (Jun. 15, 1992)). Based upon this authority, sanctuaries 
have promulgated a variety of regulations that not only regulate 
activities that occur in sanctuaries, but also in limited cases, 
regulate some activities that occur outside a sanctuary, because they 
may impact sanctuary resources within sanctuary boundaries (e.g., 
discharges that are released outside of a sanctuary), or over a 
sanctuary (e.g., overflights on the west coast).
    The intent of this regulatory action is to remove inconsistencies 
and redundancies. In four sanctuaries (discussed in the preamble 
section II.C.1.e.2 above), prohibitions already regulate birds rather 
than limiting the class of protected animals to ``seabirds.'' In 
addition, the existing regulatory prohibitions already adopt by 
reference the list of protected species under the MBTA (listed at 50 
CFR 10.13), which does not distinguish between a seabird and non-
seabird. Therefore, NOAA continues to believe this action clarifies the 
term for the purposes of E.O. 13563, and NOAA has the requisite legal 
authority to promulgate the amended regulation.

Oceangoing Ship

    29. Comment: Moving the definition of oceangoing ship--currently 
found only in existing subpart G, Channel Islands NMS--to the program-
wide regulation, should reflect that prohibitions and other 
restrictions for oceangoing ships do not apply to Department of Defense 
activities (as explicitly stated in subpart G, section 922.72(b)). 
Balancing national security and protection of important marine 
resources is best done where restrictions contemplated for public 
vessels are tailored to each sanctuary. However, the commenter agreed 
that subpart G can be hard to follow or can be misconstrued, and 
recommended that, consistent with the effort to streamline and improve 
organization, if the definition was moved as proposed, that ``military 
vessels'' should be removed from the definition.
    Response: NOAA has withdrawn this proposed action from this rule.
    30. Comment: One commenter applauded the efforts of ONMS, but 
opposed moving the definition of ``oceangoing ship.'' They contended 
that ships and vessels that: (1) Never leave the Great Lakes; (2) are 
generally too large to exit the Great Lakes via the Welland Canal and 
St. Lawrence Seaway; and (3) are by law forbidden to operate on the 
oceans would be defined as an ``oceangoing ship.'' Therefore, ONMS 
should not move the definition of ``oceangoing ship'' from its current 
location in the regulations unless an exception is inserted in the 
definition as

[[Page 29622]]

to ships operated exclusively on the Great Lakes, comparable to the 
Note in 33 CFR 151.05.
    Response: NOAA has withdrawn this proposed action from this rule.

Permits

Consolidation to Subpart D

    31. Comment: The Makah Tribe did not object to moving the tribal 
self-determination permit category to subpart D because there would be 
no operative change in the application of the provision within Olympic 
Coast NMS. However, the Tribe requested that NOAA further clarify that 
the relocation of the permit category does not change the intent or the 
application of this provision.
    Response: NOAA's explanation in the proposed rule preamble did 
attempt to explain that the tribal self-determination permit category 
was moved without change. In response to comments from the Makah Tribe, 
NOAA has provided additional clarification in the preamble to this 
interim final rule to confirm that the no substantive change to the 
tribal self-determination permit category will result from this move to 
subpart D.
    32. Comment: The Makah believe that the Tribe should be afforded an 
opportunity to review any permit application for activities within or 
that have the potential to affect the Makah Usual and Accustomed area 
and consult with the Olympic Coast NMS.
    Response: Olympic Coast NMS and the Makah Tribe engaged in 
government-to-government consultation on this issue and jointly 
developed a Protocol for Permit Consultation that specifies the 
procedures by which consultation and coordinated communication will 
occur between the Makah Tribe and the Olympic Coast NMS staff. The 
sanctuary staff and tribal representatives meet periodically to engage 
in consultation on ONMS permit applications, the results of which are 
included in ONMS permit decision documents. In addition, the Makah 
Tribe and ONMS developed a protocol to engage in consultation as part 
of the NMSA section 304(d) interagency consultation process and have 
implemented it in two recent sanctuary consultations. Olympic Coast NMS 
regularly engages with the Washington Coast treaty tribes on various 
initiatives of mutual interest.
    33. Comment: The commenter indicates that the preamble for this 
action should clarify that the regulations do not limit the ability of 
sanctuaries to create site-specific permit categories. The commenter 
also believes that the review criteria for permits and authorizations 
need to be clarified.
    Response: NOAA has explained in the preamble of this rule that 
consolidating permit categories and criteria into subpart D does not 
prevent NOAA from creating or amending permit categories that would 
only apply to a particular sanctuary.
    NOAA consolidates permit review criteria into subpart D to improve 
consistency and clarity. The list of permit review factors or criteria 
considered by the Director was not consistent across the sanctuary 
site-specific regulations, nor was the regulatory text for the factors 
or criteria consistent. The sanctuary site-specific regulations also 
varied on whether the factors or criteria were affirmative findings 
that shall be met or whether they were simply considerations in making 
permit decisions. To achieve greater consistency, NOAA establishes a 
single list of nine review criteria and publishes it in subpart D. 
Eight criteria are applicable to all sanctuaries, while one is unique 
to Olympic Coast NMS (the activity as proposed shall not adversely 
affect Washington Coast treaty tribes). NOAA also eliminates site-
specific impact thresholds for permit issuance in favor of making the 
review criteria affirmative findings. The Director must still determine 
whether any additional site-specific review procedures or criteria were 
met prior to issuing a permit. The regulation on authorizations in 
paragraph 922.36(c)(2) establishes that the permit review criteria set 
forth in 922.33(a) must also be considered by the Director when making 
decisions on authorizations.
    34. Comment: NOAA should clearly identify the process by which the 
ONMS Director can issue a special use permit. Specifically, NOAA should 
clarify what the public comment process is and whether the requirements 
of the National Environmental Policy Act (NEPA) are required.
    Response: NMSA section 310 establishes the authority for ONMS to 
issue special use permits and requires the Secretary to provide 
appropriate public notice before identifying any category of activity 
subject to a special use permit. For established special use permit 
categories. For established special use permit categories the process 
for applying for special use permits and general permits are similar. 
Permit application and instructions can be found at https://sanctuaries.noaa.gov/management/permits/. Special use permits must 
additionally meet requirements set forth in NMSA section 310. The 
Director evaluates all activities that may require a permit in 
accordance with statutory and regulatory requirements. Permit decisions 
are federal actions that require compliance with NEPA and any 
applicable interagency or tribal consultations. Public comment is not 
required for the issuance of any ONMS general or special use permit. 
However, NOAA may choose to seek public comment as part of the NEPA 
process.
    35. Comment: NOAA should not allow the ONMS Director the authority 
to provide an authorization to allow an otherwise lawful activity that 
includes mandatory terms and conditions. NOAA should also explain the 
process the ONMS Director would use to establish terms and conditions 
and further explain how the public is involved in this process.
    Response: This rule does not change the authority of the ONMS 
Director to authorize a person to conduct an activity otherwise 
prohibited by subparts L through P or subparts R through S, if such 
activity is specifically allowed by any valid federal, state, or local 
lease, permit, license, approval, or other authorization. The authority 
for the ONMS Director to establish mandatory terms and conditions for 
authorizations has already been established in section 922.49(a)(4). 
Public comment is not required for the issuance of any ONMS permit, 
except as may be done as part of an environmental analysis completed 
for the purposes of NEPA.

Other Topics

Effective Date of Regulations

    36. Comment: The proposed rule and discussion do not explain how 
changes to the regulations will impact ongoing actions by federal 
agencies and actions proposed but not yet approved by action proponents 
before the effective date of these regulation changes.
    Response: Because the changes that are finalized with this action 
are administrative and technical in nature, and because no prohibitions 
were proposed, NOAA does not anticipate that the changes will have any 
impact on existing federal agency actions. There are several ONMS 
regulatory actions underway and ONMS intends to harmonize those 
regulations with this rule.
    37. Comment: NOAA should state that ongoing actions by federal 
agencies and those federal agency actions proposed before the effective 
date of these regulatory changes will not require amendment or 
consultation in accordance with the new regulations.
    Response: NOAA is not making any substantive change to any 
prohibitions

[[Page 29623]]

through this action. Therefore, NOAA does not anticipate any issues 
arising from the timing of this rule and activities currently conducted 
or proposed by federal agencies.

Comments on Topics Not Affected by This Rulemaking

    NOAA received several additional comments, as described below, that 
it does not address in this rule as the comments pertain to matters 
that are beyond the scope of, and are not relevant to, this rulemaking.
    38. Comment: There are competing management jurisdictions between 
the NMSA and the MSFCMA when it comes to fishing regulations, with 
unnecessary duplication of bureaucracy and its related costs. The root 
cause of the specific problem appears in section 304 of the NMSA 
whereby RFMCs are afforded the opportunity to prepare draft regulations 
using the MSA as guidance only ``to the extent that the standards are 
consistent and compatible with the goals and objectives'' and only 
during the sanctuary designation process.
    Response: The intent of this rule-making is to update and 
reorganize the existing regulations, eliminate redundancies across the 
sanctuary regulations, eliminate outmoded regulations, adopt standard 
boundary descriptions, and consolidate general regulations and 
permitting procedures. The concerns raised by this comment, regarding 
the development of fishing regulations pursuant to section 304 of the 
NMSA, are best addressed by Congress through a separate process and are 
beyond the scope of this action. Therefore, no changes are being made 
to address the commenter's concerns.
    39. Comment: All fisheries management should be vested in the RFMC 
process rather than in ONMS or individual sanctuaries.
    Response: The intent of this rulemaking is to update and reorganize 
the existing regulations, eliminate redundancies across the sanctuary 
regulations, eliminate outmoded regulations, adopt standard boundary 
descriptions, and consolidate general regulations and permitting 
procedures. The concerns raised by this comment suggests changes be 
made to all sanctuary regulation relevant to the management of 
fisheries activities and are beyond the scope of this rulemaking. 
Therefore, no changes are being made to address the commenter's 
concerns.
    40. Comment: One commenter wanted to know if the public could 
petition NOAA to eliminate or reduce the size of a sanctuary, and what 
process would NOAA follow in considering such a petition.
    Response: Any modification to the geographic area of an existing 
sanctuary would be governed by section 304 of the NMSA and section 4 of 
the Administrative Procedure Act. No changes are being made in response 
to this comment.
    41. Comment: NOAA should consider changes to Charters and Protocols 
for sanctuary advisory councils (SACs). Currently, all of the functions 
of the SACs (e.g. member appointments, agendas, communications) are 
controlled by sanctuary management. The greatest strength of the 
sanctuaries comes from community and stakeholder support, and the 
structure of SAC governance works against achieving that support.
    Response: The comment proposes changes to SAC governing procedures. 
The intent of this rulemaking is to update and reorganize the existing 
regulations, eliminate redundancies across the sanctuary regulations, 
eliminate outmoded regulations, adopt standard boundary descriptions, 
and consolidate general regulations and permitting procedures. 
Significantly changing SAC governance is outside the scope of this 
rulemaking. Therefore, no changes are being made to address the 
commenter's concerns.
    42. Comment: Sanctuaries should be tasked explicitly to utilize a 
robust and transparent peer review process for science products, 
including socioeconomic evaluations, in sanctuary decision-making.
    Response: ONMS makes sanctuary decisions in an open and transparent 
manner guided by the best scientific information and data available, 
employing sound methods to ensure scientific quality, objectivity, and 
integrity, and utilizing--where appropriate--peer review panels to 
ensure sanctuary decisions are informed by independent and diverse 
viewpoints in accordance with the Information Quality Act (Pub. L. 106-
554), the Foundations for Evidence-Based Policymaking Act of 2018 (Pub. 
L. 115-435), and related-guidance issued by the Office of Management 
and Budget (OMB), the U.S. Department of Commerce (DOC), and NOAA. In 
doing so, ONMS follows OMB and NOAA policy on peer review for science 
products, including socioeconomic evaluations (https://www.noaa.gov/organization/information-technology/peer-review-plans and https://www.noaa.gov/office-of-chief-information-officer/it-policy-oversight/information-quality). A 2004 OMB memo describes how peer review 
enhances the quality and credibility of science products (https://www.cio.noaa.gov/services_programs/pdfs/OMB_Peer_Review_Bulletin_m05-03.pdf). More information on the ONMS conservation science division is 
available on our website, https://sanctuaries.noaa.gov/science/. The 
intent of this rulemaking is to clarify existing sanctuary regulations. 
Adding an explicit science policy requirement to this rule would be 
outside its intent and scope. Therefore, no changes are being made to 
address the commenter's concerns.
    43. Comment: NOAA should provide clarification in the regulations 
that permitting and authorizations do not apply to federal agency 
activities including Navy testing, training, or military readiness 
activities conducted in or around sanctuaries.
    Response: NOAA believes the requested clarification is unnecessary 
in this rulemaking. The existing site-specific regulations adequately 
provide certain exemptions to the list of prohibited or otherwise 
regulated activities at each sanctuary site. For instance, the 
Department of Defense (DoD) exemptions for Channel Islands NMS are set 
forth at section 922.72(b), those for Greater Farallones are set forth 
at section 922.82(b), and those for Gray's Reef NMS are set forth at 
section 922.92(b). The site-specific regulations also provide 
exemptions for law enforcement and any activity necessary to respond to 
an emergency threatening life, property, or the environment, which 
might be carried out by a federal agency. Exemptions of this type are 
unique to each specific sanctuary. Providing a general exemption for 
all federal agency activities would be a substantive expansion of the 
existing site- specific exemptions and beyond the scope of this 
rulemaking. Therefore, no changes are being made in this rulemaking to 
address the commenter's concerns.
    44. Comment: Under the definitions of sanctuary resources, the 
culture and heritage of fishing in coastal communities alongside 
national marine sanctuaries should be considered for protections just 
as are other living resources and habitats.
    Response: NOAA does not believe that changes to the definition of 
sanctuary resources are appropriate. Human uses are taken into 
consideration as part of the sanctuary designation and periodic 
management plan review processes performed under NMSA sections 303 and 
304, and NEPA. Therefore, no changes are being made to address the 
commenter's concerns.

[[Page 29624]]

V. Classification

A. National Environmental Policy Act \1\
---------------------------------------------------------------------------

    \1\ In 1978, the White House Council on Environmental Quality 
(CEQ) issued regulations, codified at 40 CFR parts 1500-1508, to 
implement NEPA. 43 FR 55.977 (Nov. 29, 1978). Most recently, the CEQ 
updated the NEPA regulations. 85 FR 43,304 (Jul. 16, 2020) (codified 
at 40 C.F.R parts 1500-1508, 1515-1518). Pursuant to those updated 
NEPA regulations, NEPA reviews initiated prior to September 14, 2020 
may be conducted using the 1978 version of the regulations. The 
effective date of the 2020 CEQ NEPA Regulations was September 14, 
2020. This review began before January 13, 2013 and the agency has 
decided to proceed under the 1978 regulations.
---------------------------------------------------------------------------

    NOAA Administrative Order (NAO) 216-6A and the Companion Manual for 
NAO 216-6A (https://www.nepa.noaa.gov/docs/NOAA-NAO-216-6A-Companion-Manual-01132017.pdf) establish NOAA's policy and procedures for 
compliance with NEPA and the associated Council on Environmental 
Quality's regulations. NAO 216-6A, Environmental Review Procedures, 
requires all proposed actions to be reviewed with respect to 
environmental consequences on the human environment.
    In the proposed rule (78 FR 5998; January 28, 2013), NOAA stated 
that it was preparing a draft EA to analyze the potential environmental 
impacts of the proposed rulemaking and that the draft EA would be 
released for public comment. The analysis in the draft EA would have 
focused on analyzing the potential environmental impacts of the 
consolidated definition of MPWC. Based on public comment received on 
the proposed rule, NOAA decided to withdraw the proposal to consolidate 
the MPWC definition. As a result, NOAA determined that preparation of a 
draft EA was not necessary for this rule. NOAA determined that because 
the rule includes only technical and administrative changes to 
regulatory text it meets the definition in Appendix E of the NOAA NEPA 
Companion Manual under categorical exclusion reference number G7 
``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis.'' In considering the list of extraordinary 
circumstances, NOAA determined that none would be triggered by this 
final rule. Therefore, NOAA determined that this rule would not result 
in significant effects to the human environment and is categorically 
excluded from the need to prepare an EA.

B. Executive Orders 12866 and 13563

    This rule has been determined to be significant within the meaning 
of Executive Order 12866. The rule is part of NOAA's effort to carry 
out the directive under Executive Order 13563 for retrospective 
regulatory review.

C. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Pursuant to Executive Order 13175, NOAA has an obligation to 
consult with federally-recognized tribes on actions that may have 
tribal implications. NOAA determined that the amendments to the Olympic 
Coast NMS permitting regulations in the consolidation of permit 
procedures and review criteria into the new subpart D, although not 
resulting in a substantive change to permitting requirements, could be 
perceived as having tribal implications because some of the regulatory 
text is specific to the federally-recognized tribes along the 
Washington Coast (Coastal Treaty Tribes). Therefore, we have determined 
that this regulation has tribal implications as defined in Executive 
Order 13175. NOAA certifies that this final rule was developed after 
meaningful consultation and collaboration with tribal representatives 
in accordance with Executive Order 13175. NOAA engaged in government-
to-government consultation with tribal representatives from the Makah, 
Hoh and Quileute Indian Tribes and the Quinault Indian Nation of the 
Olympic Coast Intergovernmental Policy Council (IPC). NOAA determined 
that this regulatory action did not have implications for any other 
federally-recognized tribes at other sites.
    In January 2012, NOAA initiated a dialogue with the Coastal Treaty 
Tribes for a potential rulemaking action that would revise and 
consolidate program-wide and site-specific regulations. ONMS staff 
presented initial items for consideration by the IPC and its members at 
a February 8, 2012 meeting. In May 2012, NOAA addressed initial 
concerns that were raised at the February meeting. At that time, NOAA 
provided a summary of the proposed regulatory changes, and invited the 
IPC members to consult if there were concerns about the general 
proposals. In October 2012, NOAA provided more detailed information 
including pre-release draft regulatory language for program-wide 
regulations and Olympic Coast NMS site-specific regulations that could 
be of interest to the tribes. After the proposed rule was published in 
the Federal Register, NOAA forwarded the notice to the Washington Coast 
treaty tribes on February 15, 2013.
    The Makah Tribe provided comments on the rulemaking raising three 
priority issues. In addition to the matter noted in the Response to 
Comment section of this action, the Makah Tribe reiterated its long-
standing position about the role of RFMCs in fisheries management, 
which did not require action in this rulemaking. The Makah Tribe also 
expressed interest in improved tribal involvement in the consideration 
of Olympic Coast NMS permit applications. Since the publication of this 
proposed rule, Olympic Coast NMS and the Makah Tribe engaged in 
government-to-government consultation in the development of a joint 
``Protocol for Permit Consultation'' that specifies the procedures by 
which consultation and coordinated communication will occur between the 
Makah Tribe and Olympic Coast NMS staff (dated April 10, 2015). The 
sanctuary staff and tribal representatives meet periodically to engage 
in permit consultations on ONMS permit applications, and the results of 
which are included in ONMS permit decision documents. In addition, the 
Makah Tribe and ONMS developed a protocol to engage in consultation as 
part of the NMSA section 304(d) interagency consultation process and 
have implemented it in two recent sanctuary consultations. Olympic 
Coast NMS regularly engages with the Washington Coast treaty tribes on 
various initiatives of mutual interest.

D. Executive Order 13132: Federalism Assessment

    NOAA has concluded this regulatory action does not have federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 13132.

E. Paperwork Reduction Act

    This rule does not create any new information collection 
requirements, nor does it change existing information collection 
requirements approved by OMB (OMB Control Number 0648-0141) under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. (PRA). There 
are no changes to the reporting burden as a result of these regulatory 
changes. Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

[[Page 29625]]

F. Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this final rule will not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this certification is that the changes are administrative in 
nature and generally would not alter substantive legal obligations for 
the regulated community. Specifically:
    <bullet> Moving current sections of the regulations to different 
subparts and revising text as finalized in this rule will not 
substantively change the effect or impact of the regulations;
    <bullet> Making the technical corrections to citations and obsolete 
sections of the regulations in this rule will not substantively change 
the effect or impact of the regulations; and
    <bullet> Amending and consolidating the permitting regulations from 
many site-specific regulations to a single subpart does not 
substantively change the requirements to apply for permits, nor does it 
change the burden on applicants who wish to apply for permits.
    Therefore, these changes should not alter the current operations of 
small businesses because the changes are administrative and technical 
in nature. NOAA did revise the permit appeals regulation to limit the 
pool of appellants of a permit decision to only applicants or holders 
of permits. To date, only two appeals have been filed by ``any 
interested party.'' NOAA did not receive any comments from the public 
or from any small businesses on this particular action. NOAA does not 
anticipate that limiting the appellant pool will adversely impact small 
businesses. NOAA believes the overall changes will provide consistency 
within the regulations across sanctuaries. Therefore, these changes 
should not impact the current operations of small business operators, 
and may improve ease of applying for permits by removing 
inconsistencies and confusion that might otherwise occur. Interested 
third parties may provide input to the permit process through other 
mechanisms, including public review and comment of associated 
environmental analyses as part of the NEPA process or other statutory 
processes, as applicable.
    The intent of this rulemaking is to update and reorganize the 
existing regulations, eliminate redundancies across the sanctuary 
regulations, eliminate outmoded regulations, adopt standard boundary 
descriptions, and consolidate general regulations and permitting 
procedures. The regulatory changes are not expected to have a 
significant impact on a substantial number of small business entities. 
As a result, a regulatory flexibility analysis is not required and none 
has been prepared.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Amendments, Appeals, 
Appellant, Application requirements, Authorizations, Definitions, 
Designation, Environmental protection, Marine resources, Motorized 
personal watercraft, Natural resources, Permitting, Permit procedures, 
Prohibited activities, Special use permit, Stowed and not available for 
immediate use, Resources, Research, Traditional fishing, Water 
resources.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management, 
National Ocean Service.
    Accordingly, for the reasons set forth above, NOAA is amending 15 
CFR part 922 as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

0
1. The authority citation for part 922 continues to read as follows:

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


0
2. Revise subpart A to read as follows:

Subpart A--Regulations of General Applicability

Sec.
922.1 Purposes and applicability of the regulations.
922.2 Mission, goals, and special policies.
922.3 Issuance of regulations for fishing.
922.4 Boundaries.
922.5 Allowed activities.
922.6 Prohibited or otherwise regulated activities.
922.7 Emergency regulations.
922.8 Penalties.
922.9 Response costs and damages.
922.10 Pre-existing authorizations or rights and certifications of 
pre-existing authorizations or rights.
922.11 Definitions.
922.12 Sanctuary nomination process.
922.13 Selection of nominated areas for national marine sanctuary 
designation.


Sec.  922.1   Purposes and applicability of the regulations.

    (a) The purposes of this part are:
    (1) To implement 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 (NMSA or Act)), the Florida Keys 
National Marine Sanctuary and Protection Act (FKNMSPA) (Pub. L. 101-
605) and the Hawaiian Islands National Marine Sanctuary Act (sections 
2301-2307 of Pub. L. 102-587); and
    (2) To implement the designations of the national marine 
sanctuaries, for which site specific regulations appear in subparts F 
through T, by regulating activities affecting them, consistent with 
their respective terms of designation, in order to protect, restore, 
preserve, manage, and thereby ensure the health, integrity and 
continued availability of the conservation, recreational, ecological, 
historical, scientific, educational, cultural, archeological and 
aesthetic resources and qualities of these areas.
    (b) The regulations of this part are binding on any person subject 
to the jurisdiction of the United States. Designation of a national 
marine sanctuary beyond the U.S. territorial sea does not constitute 
any claim to territorial jurisdiction on the part of the United States. 
The regulations of this part shall be applied in accordance with 
generally recognized principles of international law \1\, and in 
accordance with treaties, conventions, and other agreements to which 
the United States is a party. No regulation of this part shall apply to 
a person who is not a citizen, national, or resident alien of the 
United States, unless in accordance with:
---------------------------------------------------------------------------

    \1\ Based on the legislative history of the NMSA, NOAA has long 
interpreted the text of 16 U.S.C. 1435(a) as encompassing 
international law, including customary international law.
---------------------------------------------------------------------------

    (1) Generally recognized principles of international law;
    (2) An agreement between the United States and the foreign state of 
which the person is a citizen; or
    (3) An agreement between the United States and the flag state of 
the foreign vessel, if the person is a crew member of the vessel.
    (c) Unless noted otherwise, the regulations in Subparts A and D 
apply to all national marine sanctuaries immediately upon designation.


Sec.  922.2   Mission, goals, and special policies.

    (a) In accordance with the standards set forth in the Act, the 
mission of the Office of National Marine Sanctuaries (Office) is to 
identify, designate, protect, restore, and manage areas of the marine 
environment of special national, and in some cases international, 
significance due to their conservation, recreational, ecological, 
historical, scientific, educational, cultural, archeological, or 
aesthetic resources and qualities.

[[Page 29626]]

    (b) The goal of the Office is to carry out the mission of the Act 
in a manner consistent with the purposes and policies of the Act (16 
U.S.C. 1431(b)); the Florida Keys National Marine Sanctuary and 
Protection Act (Pub. L. 101-605) which designated Florida Keys National 
Marine Sanctuary; the Hawaiian Islands National Marine Sanctuary and 
Protection Act (Pub. L. 102-587), which designated Hawaiian Islands 
Humpback Whale National Marine Sanctuary; the Oceans Act of 1992 (Pub. 
L. 102-587), which designated Stellwagen Bank National Marine 
Sanctuary; and the National Marine Sanctuaries Preservation Act of 1996 
(Pub. L. 104-283), which added Stetson Bank to Flower Garden Banks 
National Marine Sanctuary.
    (c) Management efforts will be coordinated to the extent 
practicable with other countries managing marine protected areas;
    (d) Program regulations, policies, standards, guidelines, and 
procedures developed pursuant to 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, 54 U.S.C. 300101 et 
seq., the Archeological and Historical Preservation Act of 1974, 54 
U.S.C. 312501 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.


Sec.  922.3   Issuance of regulations for fishing.

    If a proposed Sanctuary includes waters within the exclusive 
economic zone, the Secretary shall notify the appropriate Regional 
Fishery Management Council(s). The appropriate Council(s) shall have 
one hundred and eighty (180) days from the date of such notification to 
make recommendations and, if appropriate, prepare draft fishing 
regulations for the area within the exclusive economic zone and 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-Stevens Fishery 
Conservation and Management 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. Any fishing activities not proposed for 
regulation under section 304(a)(5) of the NMSA may be listed in the 
draft Sanctuary designation document as being subject to regulation, 
without following the procedures specified in section 304(a)(5) of the 
NMSA. If the Secretary subsequently determines that regulation of 
fishing is necessary, then NOAA will follow the procedures specified in 
section 304(a)(5) of the NMSA.


Sec.  922.4   Boundaries.

    The boundaries for each of the fifteen National Marine Sanctuaries 
covered by this part are described in subparts F through T, 
respectively.


Sec.  922.5   Allowed activities.

    All activities (e.g., fishing, boating, diving, research, 
education) may be conducted unless prohibited or otherwise regulated in 
Subparts F through T, subject to any emergency regulations promulgated 
pursuant to Sec.  922.7, 922.112(b), 922.165, 922.185, 922.196, 
922.204, or 922.211 subject to all prohibitions, regulations, 
restrictions, and conditions validly imposed by any Federal, State, 
tribal, or local authority of competent jurisdiction, including, but 
not limited to, Federal, Tribal, and State fishery management 
authorities, and subject to the provisions of section 312 of the NMSA. 
The Director may only directly regulate fishing activities pursuant to 
the procedure set forth in section 304(a)(5) of the NMSA.


Sec.  922.6   Prohibited or otherwise regulated activities.

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


Sec.  922.7   Emergency regulations.

    (a) Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a Sanctuary resource or quality, or minimize the 
imminent risk of such destruction, loss, or injury, any and all such 
activities are subject to immediate temporary regulation, including 
prohibition.
    (b) This section does not apply to the following national marine 
sanctuaries with site-specific regulations that establish procedures 
for issuing emergency regulations:
    (1) Cordell Bank National Marine Sanctuary, Sec.  922.112(e).
    (2) Florida Keys National Marine Sanctuary, Sec.  922.165.
    (3) Hawaiian Islands Humpback Whale National Marine Sanctuary, 
Sec.  922.185.
    (4) Thunder Bay National Marine Sanctuary, Sec.  922.196.
    (5) Mallows Bay-Potomac River National Marine Sanctuary, Sec.  
922.204.
    (6) Wisconsin Shipwreck Coast National Marine Sanctuary, Sec.  
922.211.


Sec.  922.8   Penalties.

    (a) Each violation of the NMSA or the other statutes designating 
national marine sanctuaries listed in Sec.  922 .2 (b), any regulation 
in this part or any permit issued pursuant thereto, is subject to a 
civil penalty. Each day of a continuing violation constitutes a 
separate violation.
    (b) Regulations setting forth the procedures governing 
administrative proceedings for assessment of civil penalties, permit 
sanctions and denials for enforcement reasons, issuance and use of 
written warnings, and release or forfeiture of seized property appear 
at 15 CFR part 904.


Sec.  922.9   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. Any vessel used to destroy, cause the loss of, or 
injure any Sanctuary resource is liable in rem to the United States for 
response costs and damages resulting from such destruction, loss, or 
injury.


Sec.  922.10   Pre-existing authorizations or rights and certifications 
of pre-existing authorizations or rights.

    Any valid lease, permit, license, or right of subsistence use or of 
access that is in existence on the effective date of final regulations 
for a designation or revised terms of designation of any National 
Marine Sanctuary may 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.


Sec.  922.11   Definitions.

    The following definitions shall apply to this part, unless modified 
by the definitions for a specific subpart or regulation:
    Abandoning means leaving without intent to remove any structure, 
material,

[[Page 29627]]

or other matter on or in the seabed or submerged lands of a Sanctuary. 
For Thunder Bay National Marine Sanctuary and Underwater Preserve, 
abandoning means leaving without intent to remove any structure, 
material or other matter on the lake bottom associated with underwater 
cultural resources.
    Act or NMSA 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.
    Assistant Administrator means the Assistant Administrator for Ocean 
Services and Coastal Zone Management, National Oceanic and Atmospheric 
Administration (NOAA) or designee.
    Attract or attracting means the conduct of any activity that lures 
or may lure any animal by using food, bait, chum, dyes, decoys (e.g., 
surfboards or body boards used as decoys), acoustics or any other 
means, except the mere presence of human beings (e.g., swimmers, 
divers, boaters, kayakers, surfers).
    Benthic community means the assemblage of organisms, substrate, and 
structural formations found at or near the sea/ocean/lake bottom that 
is periodically or permanently covered by water.
    Clean means not containing detectable levels of harmful matter.
    Commercial fishing means any activity that results in the sale or 
trade for intended profit of fish, shellfish, algae, or corals, 
including any attempt to engage in such activity.
    Conventional hook and line gear means any fishing gear composed of 
a single line terminated by a combination of sinkers and hooks or lures 
and spooled upon a reel that may be hand, electrically, or 
hydraulically operated, regardless of whether mounted. This term does 
not include longlines.
    Cruise ship means any vessel with 250 or more passenger berths for 
hire.
    Cultural resource means any historical or cultural feature, 
including archaeological sites, historic structures, shipwrecks, and 
artifacts.
    Deserting means leaving a vessel aground, adrift, wrecked, junked, 
or in a substantially dismantled condition without notification to the 
Director of the vessel going aground or becoming adrift, wrecked, 
junked, or substantially dismantled within 12 hours of its discovery 
and developing and presenting to the Director a preliminary salvage 
plan within 24 hours of such notification; after expressing or 
otherwise manifesting intention not to undertake or to cease salvage 
efforts, or when the owner/operator cannot after reasonable efforts by 
the Director be reached within 12 hours of the vessel's condition being 
reported to authorities; or leaving a vessel at anchor when its 
condition creates potential for a grounding, discharge, or deposit and 
the owner/operator fails to secure the vessel in a timely manner.
    Director means, except where otherwise specified, the Director of 
the Office of National Marine Sanctuaries or designee.
    Effective date means the date of final regulations described and 
published in the Federal Register. For regulations governing the 
designation of a new sanctuary or revising terms of designation, 
effective date means the date after the close of the review period of 
the 45th day of continuous session of Congress following submission of 
the Federal Register notice of the designation together with final 
regulations to implement the designation and any other matters required 
by law, unless the Governor of any state in which the sanctuary is 
completely or partially located certifies that the designation or any 
of its terms is unacceptable pursuant to section 304(b) of the National 
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1434(b)).
    Exclusive economic zone means the zone established by Proclamation 
5030, dated March 10, 1983, and as defined in the Magnuson-Stevens 
Fishery Conservation and Management Act, as amended 16 U.S.C. 1801 et 
seq.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
marine animal and plant life other than marine mammals and birds, as 
defined in the Magnuson-Stevens Fishery Conservation and Management 
Act, as amended (16 U.S.C. 1802(12)).
    Graywater means graywater as defined by section 312 of the Federal 
Water Pollution Control Act, as amended, 33 U.S.C. 1322.
    Harmful matter means any substance, or combination of substances, 
that because of its quantity, concentration, or physical, chemical, or 
infectious characteristics may pose a present or potential threat of 
injury to Sanctuary resources or qualities. Such substances or 
combination of substances may include, but is not limited to: fishing 
nets, fishing line, hooks, fuel, oil, and hazardous substances as 
defined by the Comprehensive Environmental Response, Compensation and 
Liability Act, 42 U.S.C. 9601(14) and designated at 40 CFR 302.4.
    Historical resource means any resource possessing historical, 
cultural, archaeological or paleontological significance, including a 
site, contextual information, structure, district, and object 
significantly associated with or representative of earlier people, 
culture, maritime heritage, and human activities and events. Historical 
resource includes ``cultural resource,'' ``submerged cultural 
resource,'' and ``historical property'' as that term is used in the 
National Historic Preservation Act, as amended, 54 U.S.C. 300101 et 
seq. and its implementing regulations, as amended.
    Indian tribe means an Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe pursuant to the Federally 
Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130.
    Injure or injury means to change adversely, either in the short or 
long term, a chemical, biological or physical attribute, or the 
viability, of a sanctuary resource. This includes, but is not limited 
to, to cause the loss of or destroy.
    Introduced species means any species (including, but not limited 
to, any of its biological matter capable of propagation) that is non-
native to the ecosystems of the Sanctuary; or any organism into which 
altered genetic matter, or genetic matter from another species, has 
been transferred in order that the host organism acquires the genetic 
traits of the transferred genes.
    Inventory 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.
    Lawful fishing means fishing authorized by a tribal, State or 
Federal entity with jurisdiction over the activity.
    Lightering means at-sea transfer of petroleum-based products, 
materials, or other matter from vessel to vessel.
    Marine means those areas of coastal and ocean waters, the Great 
Lakes and their connecting waters, and submerged lands over which the 
United States exercises jurisdiction, including the exclusive economic 
zone, consistent with international law.
    Mineral means clay, stone, sand, gravel, metalliferous ore, non-
metalliferous ore, or any other solid material or other matter of 
commercial value.
    National historic landmark means a district, site, building, 
structure or object designated as such by the Secretary of the Interior 
under the National Historic Landmarks Program (36 CFR part 65).
    National Marine Sanctuary or Sanctuary means an area of the marine 
environment of special national significance designated as such by the

[[Page 29628]]

National Oceanic and Atmospheric Administration (NOAA) pursuant to the 
Act or by Congress pursuant to legislation.
    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 the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1801 et seq.
    Sanctuary quality means any of those ambient conditions, physical-
chemical characteristics and natural processes, the maintenance of 
which is essential to the ecological health of a national marine 
sanctuary, including, but not limited to, water quality, sediment 
quality, and air quality.
    Sanctuary resource means any living or non-living resource of a 
national marine sanctuary, or the parts or products thereof, that 
contributes to the conservation, recreational, ecological, historical, 
educational, cultural, archeological, scientific, or aesthetic value of 
the national marine sanctuary, including, but not limited to, waters of 
the sanctuary, the seabed or submerged lands of the sanctuary, other 
submerged features and the surrounding seabed, carbonate rock, corals 
and other bottom formations, coralline algae and other marine plants 
and algae, marine invertebrates, brine-seep biota, phytoplankton, 
zooplankton, fish, birds, sea turtles and other marine reptiles, marine 
mammals, and maritime heritage, cultural, archeological, and historical 
resources. For Thunder Bay National Marine Sanctuary and Underwater 
Preserve, Sanctuary resource is defined at Sec.  922.191. For Hawaiian 
Islands Humpback Whale, Sanctuary resource is defined at Sec.  922.182. 
For Mallows Bay-Potomac River National Marine Sanctuary, Sanctuary 
resource is defined at Sec.  922.201(a). For Wisconsin Shipwreck Coast 
National Marine Sanctuary, sanctuary resource is defined at Sec.  
922.211.
    Seagrass means any species of marine angiosperms (flowering plants) 
that inhabits a portion of the seabed in a national marine sanctuary. 
Those species include, but are not limited to: Zostera asiatica (Asian 
eelgrass), Zostera marina (eelgrass/common eelgrass); Thalassia 
testudinum (turtle grass); Syringodium filiforme (manatee grass); 
Halodule wrightii (shoal grass); Halophila decipiens (paddle grass), H. 
engelmannii (Engelmann's seagrass), H. johnsonii (Johnson's seagrass); 
and Ruppia maritima (widgeon grass).
    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.
    State means each of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, American Samoa, the United States Virgin Islands, 
Guam, and any other commonwealth, territory, or possession of the 
United States.
    Subsistence use means the customary and traditional use by rural 
residents of areas near or in the marine environment for direct 
personal or family consumption as food, shelter, fuel, clothing, tools, 
or transportation; for the making and selling of handicraft articles; 
and for barter, if for food or non-edible items other than money, if 
the exchange is of a limited and non-commercial nature.
    Take (taking or taken) of a marine mammal, sea turtle, or bird 
means:
    (1) Take as that term is defined in section 3(19) of the Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1532(19) (ESA);
    (2) Take as that term is defined in section 3(13) of the Marine 
Mammal Protection Act of 1972, as amended, 16 U.S.C. 1362(13) (MMPA); 
or
    (3) Conducting an activity prohibited by section 703 of the 
Migratory Bird Treaty Act of 1918, as amended, 16 U.S.C. 703 (MBTA).
    For purposes of paragraphs (1), (2), and (3) of this definition, 
take also includes, but is not limited to, collection of any dead or 
injured marine mammal, sea turtle, or bird, or any part thereof; or 
restraint or detainment of any marine mammal, sea turtle, or bird, no 
matter how temporarily; tagging any marine mammal, sea turtle, or bird, 
or operating a vessel or aircraft or conducting any other act that 
results in the disturbance or molestation of any marine mammal, sea 
turtle, or bird.
    Vessel means a watercraft of any description capable of being used 
as a means of transportation in or on the waters of a sanctuary. The 
term includes but is not limited to, motorized and non-motorized 
watercraft, personal watercraft, airboats, and float planes while 
maneuvering on the water. For purposes of this part, the terms 
``vessel,'' ``watercraft,'' and ``boat'' have the same meaning.
    Washington Coast treaty tribe means the Hoh, Makah, or Quileute 
Indian Tribes or the Quinault Indian Nation.


Sec.  922.12   Sanctuary Nomination Process

    (a) Nomination process. The sanctuary nomination process (see 
National Marine Sanctuaries website www.sanctuaries.noaa.gov) is the 
means by which the public can submit areas of the marine and Great 
Lakes environments for consideration by NOAA as a national marine 
sanctuary.
    (b) National significance criteria. The Director will consider the 
following in determining if a nominated area is of special national 
significance:
    (1) The area's natural resources and ecological qualities are of 
special significance and contribute to: Biological productivity or 
diversity; maintenance or enhancement of ecosystem structure and 
function; maintenance of ecologically or commercially important species 
or species assemblages; maintenance or enhancement of critical habitat, 
representative biogeographic assemblages, or both; or maintenance or 
enhancement of connectivity to other ecologically significant 
resources.
    (2) The area contains submerged maritime heritage resources of 
special historical, cultural, or archaeological significance, that: 
Individually or collectively are consistent with the criteria of 
eligibility or listing on the National Register of Historic Places; 
have met or which would meet the criteria for designation as a National 
Historic Landmark; or have special or sacred meaning to the indigenous 
people of the region or nation.
    (3) The area supports present and potential economic uses, such as: 
Tourism; commercial and recreational fishing; subsistence and 
traditional uses; diving; and other recreational uses that depend on 
conservation and management of the area's resources.
    (4) The publicly-derived benefits of the area, such as aesthetic 
value, public recreation, and access to places depend on conservation 
and management of the area's resources.
    (c) Management considerations. The Director will consider the 
following in determining the manageability of a nominated area:
    (1) The area provides or enhances opportunities for research in 
marine science, including marine archaeology.
    (2) The area provides or enhances opportunities for education, 
including the understanding and appreciation of the marine and Great 
Lakes environments.
    (3) Adverse impacts from current or future uses and activities 
threaten the area's significance, values, qualities, and resources.
    (4) A national marine sanctuary would provide unique conservation 
and

[[Page 29629]]

management value for this area that also have beneficial values for 
adjacent areas.
    (5) The existing regulatory and management authorities for the area 
could be supplemented or complemented to meet the conservation and 
management goals for the area.
    (6) There are commitments or possible commitments for partnerships 
opportunities such as cost sharing, office space or exhibit space, 
vessel time, or other collaborations to aid conservation or management 
programs for the area.
    (7) There is community-based support for the nomination expressed 
by a broad range of interests, such as: Individuals or locally-based 
groups (e.g., friends of group, chamber of commerce); local, tribal, 
state, or national agencies; elected officials; or topic-based 
stakeholder groups, at the local, regional or national level (e.g., a 
local chapter of an environmental organization, a regionally-based 
fishing group, a national-level recreation or tourism organization, 
academia or science-based group, or an industry association).
    (d) Following evaluation of a nomination against the national 
significance criteria and management considerations, the Director may 
place nominated areas in a publicly available inventory for future 
consideration of designation as a national marine sanctuary.
    (e) A determination that a site is eligible for national marine 
sanctuary designation, by itself shall not subject the site to any 
regulatory control under the Act. Such controls may only be imposed 
after designation.


Sec.  922.13   Selection of nominated areas for national marine 
sanctuary designation.

    (a) The Director may select a nominated area from the inventory for 
future consideration as a national marine sanctuary.
    (b) Selection of a nominated area from the inventory shall begin 
the formal sanctuary designation process. A notice of intent to prepare 
a draft environmental impact statement shall be published in the 
Federal Register and posted on the Office of National Marine 
Sanctuaries website. Any designation process will follow the procedures 
for designation and implementation set forth in section 304 of the Act.

Subpart B [Removed and Reserved]

0
3. Remove and reserve subpart B.

Subpart C--[Removed and Reserved]

0
4. Remove and reserve part 922 subpart C.


0
5. Revise subpart D to read as follows:

Subpart D--National Marine Sanctuary Permitting

Sec.
922.30 National Marine Sanctuary general permits.
922.31 National Marine Sanctuary special use permits.
922.32 Application requirements and procedures.
922.33 Review procedures and evaluation.
922.34 Permit amendments.
922.35 Special use permit fees.
922.36 National Marine Sanctuary authorizations.
922.37 Appeals of permitting decisions.


Sec.  922.30   National Marine Sanctuary general permits.

    (a) Authority to issue general permits. The Director may allow a 
person to conduct an activity that would otherwise be prohibited by 
this part through issuance of a general permit, provided the applicant 
complies with:
    (1) The provisions of this subpart; and
    (2) The permit procedures and criteria for all national marine 
sanctuaries in which the proposed activity is to take place in 
accordance with relevant site specific regulations appearing in 
subparts F through T.
    (b) Sanctuary general permit categories. The Director may issue a 
sanctuary general permit under this subpart and the relevant site-
specific subpart, subject to such terms and conditions as he or she 
deems appropriate, if the Director finds that the proposed activity 
falls within one of the following categories or a category in the 
relevant site-specific subpart:
    (1) Research--activities that constitute scientific research or 
scientific monitoring of a national marine sanctuary resource or 
quality;
    (2) Education--activities that enhance public awareness, 
understanding, or appreciation of a national marine sanctuary or 
national marine sanctuary resource or quality;
    (3) Management--activities that assist in managing a national 
marine sanctuary;
    (4) Jade removal--the removal of loose jade from the Jade Cove 
area, without the use of pneumatic, mechanical, electrical, hydraulic 
or explosive tools, within Monterey Bay National Marine Sanctuary that 
cannot be collected under 15 CFR 922.132(a)(1)(ii) and (iii). 
Preference will be given for applications proposing to collect loose 
pieces of jade for research or educational purposes;
    (5) Tribal self-determination--activities conducted by a Washington 
Coast treaty tribe and/or its designee as certified by the governing 
body of the tribe to promote or enhance tribal self-determination, 
tribal government functions, the exercise of treaty rights, the 
economic development of the tribe, subsistence, ceremonial and 
spiritual activities, or the education or training of tribal members; 
and
    (6) Further FKNMS purposes--activities that further the purposes of 
Florida Keys National Marine Sanctuary, including those that facilitate 
multiple use of the sanctuary, to the extent compatible with the 
primary objective of resource protection.


Sec.  922.31   National Marine Sanctuary special use permits.

    (a) In general. A person may conduct a specified special use permit 
activity, if such activity is specifically authorized by, and is 
conducted in accordance with the scope, purpose, manner, terms and 
conditions of, a special use permit issued under this section.
    (b) Authority to issue. The Director, at his or her discretion, may 
issue a special use permit in accordance with this subpart and section 
310 of the Act (16 U.S.C. 1441).
    (c) Public notice. The Director will not issue a special use permit 
for any category of activity unless the Director has published a notice 
in the Federal Register that such category of activity is subject to 
the requirements of section 310 of the Act.
    (d) Fees. The Director may assess and collect fees for the conduct 
of any activity authorized by a special use permit issued pursuant to 
this section. The fee will be assessed in accordance with Sec.  922.35.


Sec.  922.32   Application requirements and procedures.

    (a) Submitting applications. Permit applications must be submitted 
by mail to the address listed in the subpart for the relevant national 
marine sanctuary or by electronic means as defined in the instructions 
for the ONMS permit application. Applicants proposing to conduct an 
activity in more than one national marine sanctuary should send the 
application to each NOAA office for the relevant national marine 
sanctuaries in which the activity is proposed.
    (b) Application requirements. All applications for a permit under 
this section must include the following information:
    (1) A detailed description of the proposed activity including:
    (i) A timetable for completion of the activity;

[[Page 29630]]

    (ii) A detailed description of the proposed location for the 
activity; and
    (iii) The equipment, personnel and methodology to be employed;
    (2) The qualifications and experience of all personnel;
    (3) The financial resources available to the applicant to conduct 
and complete the proposed activity and comply with any terms and 
conditions deemed necessary;
    (4) A statement as to why it is necessary to conduct the activity 
within a national marine sanctuary;
    (5) A description of the potential impacts of the activity, if any, 
on sanctuary resources and qualities;
    (6) A description of the benefits the conduct of the activity would 
have for the national marine sanctuary or national marine sanctuary 
system;
    (7) Copies of all other required licenses, permits, approvals, or 
other authorizations; and
    (8) Such other information as the Director may request or is 
specified in the relevant subpart.
    (c) Additional information. Upon receipt of an application, and as 
part of the evaluation of the permit application, the Director may:
    (1) Request such additional information as he or she deems 
necessary to act on the application;
    (2) Require a site visit; and
    (3) Seek the views of any persons.
    (d) Time limit for submitting additional information. Unless 
otherwise specified in writing by the Director, any information 
requested by the Director under paragraph (c) of this section must be 
received by the Director within 30 days of the postmark date of the 
request or, if email, the date of the email. Failure to provide such 
additional information may be deemed by the Director to constitute 
withdrawal of the permit application.
    (e) Incomplete applications. The Director may consider an 
application incomplete, and therefore may refuse to further consider 
the application, if the applicant:
    (1) Has failed to submit any of the information required under 
paragraph (b);
    (2) Has failed to submit any of the information requested by the 
Director under paragraph (c) of this section;
    (3) Has failed to pay any outstanding penalties that resulted from 
a violation of this part; or
    (4) Has failed to fully comply with a permit issued pursuant to 
this subpart.


Sec.  922.33   Review procedures and evaluation.

    (a) Review criteria. In addition to any relevant site-specific 
permit review criteria, the Director shall not issue a permit under 
this subpart or the relevant subpart, unless he or she also finds that:
    (1) The proposed activity will be conducted in a manner compatible 
with the primary objective of protection of national marine sanctuary 
resources and qualities, taking into account the following factors: The 
extent to which the conduct of the activity may diminish or enhance 
national marine sanctuary resources and qualities; and any indirect or 
cumulative effects of the activity;
    (2) It is necessary to conduct the proposed activity within the 
national marine sanctuary to achieve its stated purpose;
    (3) The methods and procedures proposed by the applicant are 
appropriate to achieve the proposed activity's stated purpose and 
avoid, minimize, or otherwise mitigate adverse effects on sanctuary 
resources and qualities as much as possible;
    (4) The duration of the proposed activity and its effects are no 
longer than necessary to achieve the activity's stated purpose;
    (5) The expected end value of the activity to the furtherance of 
national marine sanctuary goals and purposes outweighs any potential 
adverse impacts on sanctuary resources and qualities from the conduct 
of the activity;
    (6) The applicant is professionally qualified to conduct and 
complete the proposed activity;
    (7) The applicant has adequate financial resources available to 
conduct and complete the proposed activity and terms and conditions of 
the permit;
    (8) There are no other factors that would make the issuance of a 
permit for the activity inappropriate; and
    (9) For Olympic Coast National Marine Sanctuary, the activity as 
proposed does not adversely affect any Washington Coast treaty tribe.
    (b) Permit terms and conditions. The Director, at his or her 
discretion, may subject a permit issued under this subpart or other 
relevant subpart to such terms and conditions as he or she deems 
appropriate. A permit granted pursuant to this subpart is 
nontransferable.
    (c) Permit actions. The Director may amend, suspend, or revoke a 
permit issued pursuant to this part or other relevant subpart for good 
cause. Procedures governing permit sanctions and denials for 
enforcement reasons are set forth in subpart D of 15 CFR part 904.
    (d) Denial of permit application. The Director may deny a permit 
application, in whole or in part, if it is determined that:
    (1) The proposed activity does not meet the review criteria 
specified in this subpart or the relevant subpart of any national 
marine sanctuary in which the proposed activity is to take place;
    (2) The permittee or applicant has acted in violation of the terms 
and conditions of a permit issued under this subpart or the relevant 
subpart of any national marine sanctuary in which the proposed activity 
is to take place;
    (3) The permittee or applicant has acted in violation of any 
regulation set forth in this subpart, the NMSA, or the FKNMSPA;
    (4) The proposed activity has resulted in unforeseen adverse 
impacts to Sanctuary resources or qualities; or
    (5) For other good cause.
    (e) Communication of actions and denials. Any action taken by the 
Director under paragraphs (c) and (d) of this section shall be 
communicated in writing to the permittee or applicant and shall set 
forth the reason(s) for the action taken.


Sec.  922.34   Permit amendments.

    (a) Request for amendments. Any person who has been issued a permit 
under this part (a permittee) may request to amend the permit at any 
time while that permit is valid. For purposes of this section, a permit 
time extension is treated as a permit amendment. A request for permit 
amendment must be submitted to the same NOAA office(s) as the original 
permit and include sufficient information to describe the requested 
amendment and any additional supporting information.
    (b) Review of amendment requests. After receiving the permittee's 
request for amendment, the Director will:
    (1) Review all reports submitted by the permittee as required by 
the permit terms and conditions; and
    (2) Request such additional information as may be necessary to 
evaluate the request.
    (c) Denial of amendment request. The Director may deny a permit 
amendment request, in whole or in part, if it is determined that:
    (1) The proposed activity does not meet the review criteria 
specified in this subpart or the relevant subpart of any national 
marine sanctuary in which the proposed activity is to take place;
    (2) The permittee or applicant has acted in violation of the terms 
or conditions of a permit issued under this subpart or the relevant 
subpart of any national marine sanctuary in which the proposed activity 
is to take place;
    (3) The permittee or applicant has acted in violation of any 
regulation set

[[Page 29631]]

forth in this subpart, the NMSA, or the FKNMSPA;
    (4) The proposed activity has resulted in unforeseen adverse 
impacts to Sanctuary resources or qualities; or
    (5) For other good cause.


Sec.  922.35   Special Use Permit fees.

    (a) Authority to assess fees. The Director may assess a fee for the 
conduct of any activity authorized under a special use permit issued 
under Sec.  922.31. The Director may collect assessed fees through 
agreement with the permit applicant. No special use permit may be 
effective until all assessed fees are received unless otherwise 
provided by the Director by a fee schedule set forth as a permit 
condition.
    (b) Components of permit fees. A fee assessed under this section 
may include:
    (1) All costs incurred, or expected to be incurred, in reviewing 
and processing the permit application, including, but not limited to, 
costs for:
    (i) Personnel;
    (ii) Personnel hours;
    (iii) Equipment;
    (iv) Environmental analysis, assessment or consultation;
    (v) Copying; and
    (vi) Overhead costs directly related to reviewing and processing 
the permit application;
    (2) All costs incurred, or expected to be incurred, as a direct 
result of the conduct of the activity for which the permit is being 
issued, including, but not limited to:
    (i) The cost of monitoring the conduct both during the activity and 
after the activity is completed in order to assess the impacts to 
sanctuary resources and qualities;
    (ii) The use of an official NOAA observer, including travel and 
expenses and personnel hours; and
    (iii) Overhead costs directly related to the permitted activity; 
and
    (3) An amount which represents the fair market value of the use of 
the sanctuary resource.


Sec.  922.36   National Marine Sanctuary authorizations.

    (a) Authority to issue authorizations. The Director may authorize a 
person to conduct an activity otherwise prohibited by subparts L 
through P or subpart R of this part, if such activity is specifically 
allowed by any valid federal, state, or local lease, permit, license, 
approval, or other authorization (hereafter called ``agency approval'') 
issued after the effective date of sanctuary designation or expansion, 
provided the applicant complies with the provisions of this section. 
Such an authorization by ONMS is hereafter referred to as an ``ONMS 
authorization.''
    (b) Authorization notification to the Director--(1) Notification 
requirement. An applicant must notify the Director in writing of the 
request for an ONMS authorization of an agency approval. The Director 
may treat an amendment or extension of such an agency approval as 
constituting a new agency approval for purposes of this section.
    (i) Notification must occur within fifteen days after the date the 
applicant files of filing of the application for the agency approval.
    (ii) Notification must be sent to the Director, Office of National 
Marine Sanctuaries, to the attention of the relevant Sanctuary 
Superintendent(s) at the address specified in subparts L through P, or 
subpart R through S, as appropriate.
    (iii) A copy of the application for the agency approval must 
accompany the notification.
    (2) Director's response to notification. The Director shall respond 
in writing to the applicant and provide periodic updates on pending 
ONMS authorization request.
    (c) Authorization review procedures and evaluation--(1) Additional 
information. The Director may request additional information from the 
applicant as the Director deems reasonably necessary to determine 
whether to issue an ONMS authorization and what terms and conditions 
are reasonably necessary to protect sanctuary resources and qualities.
    (i) The information requested must be received by the Director 
within 45 days of the postmark date of the Director's request.
    (ii) The Director may seek the views of any persons on the 
application.
    (2) Review criteria. The Director shall consider the review 
criteria in Sec.  922.33(a)(1)-(9) when deciding whether to issue an 
ONMS authorization.
    (3) Director's response. The Director shall respond in writing to 
the applicant to inform the applicant of the Director's decision 
regarding the authorization request.
    (i) The Director may deny a request for an ONMS authorization and 
shall provide the reason(s) therefore. If the Director denies a request 
for an ONMS authorization, the applicant remains prohibited from 
conducting the activity in the sanctuary.
    (ii) The Director may issue an ONMS authorization containing terms 
and conditions deemed reasonably necessary to protect sanctuary 
resources and qualities. Failure to comply with an ONMS authorization 
constitutes a violation of the NMSA and these regulations, which may 
result in an enforcement action and assessment of penalties.
    (d) Authorization actions. The Director may amend, suspend, or 
revoke an ONMS authorization issued pursuant to this part for good 
cause. Procedures governing ONMS sanctions and denials for enforcement 
reasons are set forth in subpart D of 15 CFR part 904.
    (e) Communication of actions and denials. Any action taken by the 
Director under paragraphs (c) and (d) of this section to deny, amend, 
suspend, or revoke an ONMS authorization shall be communicated in 
writing to the permittee or applicant and shall set forth the reason(s) 
for the action taken.
    (f) Time limits. Any time limit prescribed in or established under 
Sec.  922.36 may be extended by the Director for good cause.


Sec.  922.37   Appeals of permitting decisions.

    (a) Potential appellant. The following person may appeal an action 
listed in paragraph (b) of this section (hereinafter referred to as 
``appellant''):
    (1) An applicant or holder of a certification of any existing 
lease, permit, license, or right of subsistence use or of access 
pursuant to Sec.  922.10;
    (2) An applicant or a holder of a National Marine Sanctuary permit 
issued pursuant to Sec.  922.30 or pursuant to site-specific 
regulations appearing in subparts F through T of this part;
    (3) An applicant or a holder of a special use permit issued 
pursuant to section 310 of the Act and Sec.  922.31; and
    (4) An applicant or a holder of an ONMS authorization of an agency 
approval issued by any Federal, State, or local authority of competent 
jurisdiction pursuant to Sec.  922.36.
    (b) Actions that may be appealed. An appellant may appeal the 
following actions to the Assistant Administrator:
    (1) The denial, conditioning, amendment, suspension, or revocation 
by the Director of a general permit pursuant to Sec.  922.30 or other 
relevant subpart, special use permit pursuant to section 310 of the Act 
and Sec.  922.31, or an ONMS authorization issued pursuant to Sec.  
922.36; or a certification under Sec.  922.10.
    (2) Reserved.
    (c) Appeal requirements. Appeals must be made in writing to the 
Assistant Administrator for Ocean Services and Coastal Zone Management, 
NOAA, 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910 and 
must:
    (1) State the action(s) by the Director being appealed;

[[Page 29632]]

    (2) State the reason(s) for the appeal; and
    (3) Be received within 30 days of the appellant's receipt of notice 
of the action by the Director.
    (d) Appeal procedures. (1) The Assistant Administrator may request 
the appellant submit such information as the Assistant Administrator 
deems necessary in order to render a decision on the appeal. The 
information requested must be received by the Assistant Administrator 
within 45 days of the postmark date of the request.
    (2) The Assistant Administrator may seek the views of any other 
persons when deciding an appeal.
    (3) The Assistant Administrator may hold an informal hearing. If an 
informal hearing is held:
    (i) The Assistant Administrator may designate an officer before 
whom the hearing shall be held;
    (ii) The hearing officer shall give notice in the Federal Register 
of the time, place and subject matter of the hearing;
    (iii) The appellant and 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; and
    (iv) The hearing officer shall recommend a decision in writing to 
the Assistant Administrator within 60 days after the record for the 
hearing closes.
    (e) Deciding an appeal. (1) 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 at the Assistant Administrator's 
request pursuant to paragraphs (d)(1) or (d)(2) of this section, 
regarding the appeal, and, if a hearing has been held, on the record 
before the hearing officer and the hearing officer's recommended 
decision.
    (2) The Assistant Administrator shall notify the appellant of the 
final decision and the reason(s) therefore in writing.
    (3) The Assistant Administrator's decision shall constitute final 
agency action for purposes of the Administrative Procedure Act.
    (f) Authority to extend time limits. Any time limit prescribed in 
or established under this section other than the 30-day limit for 
filing an appeal pursuant to paragraph (c)(3) of this section may be 
extended by the Assistant Administrator for good cause.

Subpart E [Removed and Reserved]

0
6. Remove and reserve subpart E.

Subpart F--Monitor National Marine Sanctuary

0
7. Revise Sec.  922.60 to read as follows:

Sec.  922.60   Boundary.

    The Monitor National Marine Sanctuary (Sanctuary) consists of a 
vertical water column in the Atlantic Ocean one mile in diameter (0.593 
square nautical miles (nmi\2\) or (0.785 sq. mi.)) extending from the 
surface to the seabed, the center of which is at the following 
coordinates 35.00639, -75.40889.

0
8. Revise Sec.  922.62 to read as follows:


Sec.  922.62   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.61 if such activity is specifically authorized by and conducted in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under this section and subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Monitor 
National Marine Sanctuary, c/o The Mariners' Museum, 100 Museum Drive, 
Newport News, VA 23606.
    (c) In addition to the requirements of subpart D of this part, the 
Director may not issue a permit under this section unless the Director 
also finds that the extent to which the conduct of the proposed 
activity may diminish the value of the Monitor as a source of historic, 
cultural, aesthetic and/or maritime information is appropriate in 
relation to goals of the proposed activity.
    (d) In considering any application submitted pursuant to this 
section, the Director shall seek and consider the views of the Advisory 
Council on Historic Preservation.

Subpart G--Channel Islands National Marine Sanctuary

0
9. Amend Sec.  922.70 by revising the first sentence to read as 
follows:


Sec.  922.70   Boundary.

    The Channel Islands National Marine Sanctuary (Sanctuary) consists 
of an area of approximately 1,110 square nautical miles (nmi\2\) (1,470 
sq. mi.) of coastal and ocean waters, and the submerged lands 
thereunder, off the southern coast of California. * * *


0
10. Amend Sec.  922.71 by:
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Cruise ship'', ``Graywater'', and 
``Introduced species''.
    The revision reads as follows:


Sec.  922.71   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *


0
11. Amend Sec.  922.72 by revising paragraph (c) to read as follows:


Sec.  922.72  Prohibited or otherwise regulated activities--Sanctuary 
wide.

* * * * *
    (c) The prohibitions in paragraphs (a)(3) through (a)(10), (a)(12), 
and (a)(13) of this section and in Sec.  922.73 do not apply to any 
activity specifically authorized by and conducted in accordance with 
the scope, purpose, terms, and conditions of a National Marine 
Sanctuary permit issued pursuant to subpart D of this part and Sec.  
922.74.
* * * * *


0
12. Revise Sec.  922.74 to read as follows:


Sec.  922.74   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.72 or Sec.  922.73 if the activity is specifically authorized by 
and conducted in accordance with the scope, purpose, terms, and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Permit applications should be addressed to the Director, Office 
of National Marine Sanctuaries; ATTN: Superintendent, Channel Islands 
National Marine Sanctuary, University of California Santa Barbara, 
Ocean Science Education Building 514, MC 6155, Santa Barbara, CA 93106-
6155.

Subpart H--Greater Farallones National Marine Sanctuary

0
13. Amend Sec.  922.80 by revising the first sentence in paragraph (a) 
to read as follows:


Sec.  922.80   Boundary.

    (a) Greater Farallones National Marine Sanctuary (Sanctuary) 
encompasses an area of approximately 2,488 square nautical miles 
(nmi\2\) (3,295 sq. mi.) of coastal and ocean waters, and submerged 
lands thereunder, surrounding the Farallon Islands and Noonday Rock 
along the northern coast of California. * * *
* * * * *


0
14. Amend Sec.  922.81 by--
0
a. Revising the introductory text of Sec.  922.81; and
0
b. Removing the definitions of ``Attract or attracting'', ``Clean'', 
``Deserting'', ``Harmful matter'', ``Introduced species'', and 
``Seagrass''.

[[Page 29633]]

    The revision reads as follows:


Sec.  922.81   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *


0
15. Amend Sec.  922.82 by revising paragraph (c) and (d) to read as 
follows:


Sec.  922.82   Prohibited or otherwise regulated activities.

* * * * *
    (c) The prohibitions in paragraph (a) of this section do not apply 
to activities necessary to respond to an emergency threatening life, 
property or the environment, or except as may be permitted by the 
Director in accordance with subpart D of this part.
    (d) The prohibitions in paragraphs (a)(2) through (9) and (a)(11) 
through (16) 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 in accordance with subpart D of this 
part and Sec.  922.83, or a special use permit issued pursuant to 
subpart D of this part.


0
16. Revise Sec.  922.83 to read as follows:


Sec.  922.83   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.82 (a)(2) through (9) and (a)(11) through (16) if such activity is 
specifically authorized by and conducted in accordance with the scope, 
purpose, terms and conditions of a permit issued under this section and 
subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Greater 
Farallones National Marine Sanctuary, 991 Marine Dr., The Presidio, San 
Francisco, CA 94129.

Subpart I--Gray's Reef National Marine Sanctuary

0
17. Amend Sec.  922.90 to read as follows:


Sec.  922.90   Boundary.

    The Gray's Reef National Marine Sanctuary (Sanctuary) consists of 
approximately 16.68 square nautical miles (nmi\2\) (22 sq. mi.) of 
ocean waters and the submerged lands thereunder, off the coast of 
Georgia. The Sanctuary boundary includes all waters and submerged lands 
within the geodetic lines connecting the following coordinates. 
(Coordinates listed are unprojected (geographic) and based on the North 
American Datum of 1983.):

------------------------------------------------------------------------
                  Point                      Latitude        Longitude
------------------------------------------------------------------------
1.......................................        31.36273       -80.92120
2.......................................        31.42106       -80.92120
3.......................................        31.42106       -80.82814
4.......................................        31.36273       -80.82814
5.......................................        31.36273       -80.92120
------------------------------------------------------------------------


0
18. Amend Sec.  922.91 by revising the introductory text to read as 
follows:


Sec.  922.91   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *


0
19. Amend Sec.  922.92 by revising paragraphs (a) and (c) as follows:


Sec.  922.92   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 subpart D of this part and Sec.  922.93 and Sec.  
922.94, the following activities are unlawful for any person to conduct 
or to cause to be conducted within the Sanctuary:
* * * * *
    (c) The prohibitions in this section and in Sec.  922.94 do not 
apply to any activity conducted under and in accordance with the scope, 
purpose, terms, and conditions of a National Marine Sanctuary permit 
issued pursuant to subpart D of this part and Sec.  922.93.
* * * * *


0
20. Revise Sec.  922.93 to read as follows:


Sec.  922.93   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.92(a)(1) through (11), and Sec.  922.94 if the activity is 
specifically authorized by and conducted in accordance within the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Gray's Reef National Marine Sanctuary, 10 Ocean Science Circle, 
Savannah, GA 31411.

Subpart J--National Marine Sanctuary of American Samoa

0
21. Amend Sec.  922.101 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  922.101   Boundary.

    The Sanctuary is comprised of six distinct units, forming a network 
of marine protected areas around the islands of the Territory of 
American Samoa. Tables containing the exact coordinates of each point 
described below can be found in Appendix to Subpart J--National Marine 
Sanctuary of American Samoa Boundary Coordinates. The total areal 
estimate of the six units combined is 10,255 nmi\2\ (13,581 sq. mi.).
    (a) Fagatele Bay Unit. The Fagatele Bay unit is a 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 line of 
Fagatele Bay until the point at which it intersects the seaward 
boundary of the Sanctuary as defined by a straight line between 
Fagatele Point (-14.36527, -170.76932) and Steps Point (-14.37291, -
170.76056) from the point at which it intersects the mean high high 
water line seaward.
* * * * *


0
22. Amend Sec.  922.102 by--
0
a. Revising the introductory text of Sec.  922.102; and
0
b. Removing the definitions of ``Clean'', ``Fishing'', ``Harmful 
matter'', and ``Introduced species''.
    The revision reads as follows:


Sec.  922.102   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *


0
23. Amend Sec.  922.103 by revising paragraph (e) to read as follows:


Sec.  922.103   Prohibited or otherwise regulated activities--
Sanctuary-wide.

* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (15) of this 
section, Sec.  922.104, and Sec.  922.105 do not apply to any activity 
conducted under and in accordance with the scope, purpose, terms, and 
conditions of a National Marine Sanctuary permit issued pursuant to 
subpart D of this part and Sec.  922.107.


0
24. Revise Sec.  922.107 to read as follows:


Sec.  922.107   Permit procedures.

    (a) Any person in possession of a valid permit issued by the 
Director, in consultation with the ASDOC, in accordance with this 
section and subpart D of the part may conduct an activity otherwise 
prohibited by

[[Page 29634]]

Sec.  922.103, Sec.  922.104, and Sec.  922.105 in the Sanctuary.
    (b) Permit applications shall be addressed to the Director, Office 
of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, 
American Samoa National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 
96799.

Subpart K--Cordell Bank National Marine Sanctuary

0
25. Amend Sec.  922.110 by revising the first sentence to read as 
follows:


Sec.  922.110   Boundary.

    The Cordell Bank National Marine Sanctuary (Sanctuary) boundary 
encompasses a total area of approximately 971 square nautical miles 
(nmi\2\) (1,286 sq. mi.) of offshore ocean waters, and submerged lands 
thereunder, surrounding the submarine plateau known as Cordell Bank 
along the northern coast of California, approximately 45 nautical miles 
west-northwest of San Francisco, California. * * *


Sec.  922.111   [Removed and Reserved]


0
26. Remove and reserve Sec.  922.111.


0
27. Amend Sec.  922.112 by revising paragraphs (b) and (d) as follows:


Sec.  922.112   Prohibited or otherwise regulated activities.

* * * * *
    (b) The prohibitions in paragraph (a) of this section do not apply 
to activities necessary to respond to an emergency threatening life, 
property or the environment, or except as may be permitted by the 
Director in accordance with subpart D of this part and Sec.  922.113.
* * * * *
    (d) 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 subpart D of this part and Sec.  922.113, or 
a special use permit issued pursuant to subpart D of this part.
* * * * *


0
28. Revise Sec.  922.113 to read as follows:


Sec.  922.113   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.112 (a)(2) through (7) if the activity is specifically authorized 
by and conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Cordell 
Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950.

Subpart L--Flower Garden Banks National Marine Sanctuary

0
29. Revise Sec.  922.120 to read as follows:


Sec.  922.120   Boundary.

    The Flower Garden Banks National Marine Sanctuary (the Sanctuary) 
consists of three separate areas of ocean waters over and surrounding 
the East and West Flower Garden Banks and Stetson Bank, and the 
submerged lands thereunder including the Banks, in the northwestern 
Gulf of Mexico. The area designated at the East Bank is located 
approximately 120 nautical miles (nmi) south-southwest of Cameron, 
Louisiana, and encompasses 19.20 square nautical miles (nmi\2\) (25 sq. 
mi.). The area designated at the West Bank is located approximately 110 
nmi southeast of Galveston, Texas, and encompasses 22.61 nmi\2\ (30 sq. 
mi.). The area designated at Stetson Bank is located approximately 70 
nmi southeast of Galveston, Texas, and encompasses 0.64 nmi\2\ (0.84 
sq. mi.). The three areas encompass a total of 42.5 nmi\2\ (56 sq. 
mi.). The boundary coordinates for each area are listed in appendix A 
to this subpart.


0
30. Amend Sec.  922.121 by--
0
a. Revise the introductory text of Sec.  922.121; and
0
b. Removing the definitions of ``Attract or attracting'' and ``Clean''.
    The revision reads as follows:


Sec.  922.121   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions applies to this subpart:
* * * * *


0
31. Amend Sec.  922.122 by revising paragraphs (a)(7), (f) and (h) to 
read as follows:


Sec.  922.122   Prohibited or otherwise regulated activities.

    (a) * * *
    (7) Injuring, catching, harvesting, collecting or feeding, or 
attempting to injure, catch, harvest, collect or feed, any fish within 
the Sanctuary by use of longlines, traps, nets, bottom trawls or any 
other gear, device, equipment or means except by use of conventional 
hook and line gear.
* * * * *
    (f) The prohibitions in paragraphs (a)(2) through (10) of this 
section do not apply to any activity specifically authorized by and 
conducted in accordance with the scope, purpose, terms, and conditions 
of a National Marine Sanctuary permit or ONMS authorization issued 
pursuant to subpart D of this part and Sec.  922.123 or a special use 
permit issued pursuant to subpart D of this part.
* * * * *
    (h) Notwithstanding paragraphs (f) and (g) of this section, in no 
event may the Director issue a National Marine Sanctuary permit under 
subpart D of this part and Sec.  922.123 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 January 18, 1994 shall be invalid.


0
32. Revise Sec.  922.123 to read as follows:


Sec.  922.123   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.122(a) (2) through (10) if such activity is specifically authorized 
by and conducted in accordance with the scope, purpose, terms, and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building 
216, Galveston, TX 77551.


0
33. Revise Appendix A to Subpart L of Part 922 to read as follows:

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

    Coordinates listed in this Appendix are unprojected (geographic) 
and based on the North American Datum of 1983.

[[Page 29635]]



------------------------------------------------------------------------
               Point                   Latitude (N)      Longitude (W)
------------------------------------------------------------------------
                         East Flower Garden Bank
------------------------------------------------------------------------
E-1...............................           27.88190          -93.62829
E-2...............................           27.89328          -93.63997
E-3...............................           27.92073          -93.64469
E-4...............................           27.95880          -93.64273
E-5...............................           27.97462          -93.62963
E-6...............................           27.98399          -93.59230
E-7...............................           27.98374          -93.58618
E-8...............................           27.92315          -93.57092
E-9...............................           27.90140          -93.57206
E-10..............................           27.89102          -93.58487
E-11..............................           27.88140          -93.61605
------------------------------------------------------------------------
                         West Flower Garden Bank
------------------------------------------------------------------------
W-1...............................           27.81976          -93.84607
W-2...............................           27.83704          -93.86973
W-3...............................           27.85384          -93.88117
W-4...............................           27.85927          -93.88090
W-5...............................           27.88080          -93.87371
W-6...............................           27.91720          -93.82896
W-7...............................           27.91647          -93.81059
W-8...............................           27.91006          -93.78636
W-9...............................           27.90438          -93.78051
W-10..............................           27.89350          -93.78106
W-11..............................           27.88287          -93.78773
W-12..............................           27.84479          -93.78964
W-13..............................           27.81997          -93.81202
------------------------------------------------------------------------
                              Stetson Bank
------------------------------------------------------------------------
S-1...............................           28.15862          -94.30888
S-2...............................           28.16950          -94.30839
S-3...............................           28.16884          -94.28997
S-4...............................           28.15796          -94.29047
------------------------------------------------------------------------

Subpart M--Monterey Bay National Marine Sanctuary

0
34. Revise Sec.  922.130 introductory text and the first sentence of 
paragraph (b) to read as follows:


Sec.  922.130   Boundary.

    The Monterey Bay National Marine Sanctuary (Sanctuary) consists of 
two separate areas. The combined area of both parts is approximately 
4,601 square nautical miles (nmi\2\) (6,093 sq. mi.). (a) The first 
area consists of an area of approximately 4,016 square nautical miles 
(nmi\2\) (5,318 sq. mi.) of coastal and ocean waters, and submerged 
lands thereunder, in and surrounding Monterey Bay off the central coast 
of California.
* * * * *
    (b) The Davidson Seamount Management Zone is also part of the 
Sanctuary. This area, bounded by geodetic lines connecting a rectangle 
centered on the top of the Davidson Seamount, consists of approximately 
585 square nmi (nmi\2\) (774 sq. mi.) of ocean waters and the submerged 
lands thereunder. * * *


0
35. Amend Sec.  922.131 by--
0
a. Revising the introductory text of Sec.  922.131; and
0
b. Removing the definitions of ``Attract or attracting'', ``Clean'', 
``Cruise ship'', ``Deserting'', ``Harmful matter'', and ``Introduced 
species''.
    The revision reads as follows:


Sec.  922.131   Definitions.

    In addition to those definitions found at 15 CFR 922.11, the 
following definitions apply to this subpart:
* * * * *


0
36. Amend Sec.  922.132 by revising paragraphs (c)(1) and (d) through 
(f) to read as follows:


Sec.  922.132   Prohibited or otherwise regulated activities.

* * * * *
    (c)(1) All Department of Defense activities must be carried out in 
a manner that avoids to the maximum extent practicable any adverse 
impacts on Sanctuary resources and qualities. The prohibitions in 
paragraphs (a)(2) through (11) and (a)(13) 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, 99 Pacific Street, 
Bldg. 455A, Monterey, California 93940.) For purposes of the Davidson 
Seamount Management Zone, these activities are listed in the 2008 Final 
Environmental Impact Statement. New activities may be exempted from the 
prohibitions in paragraphs (a)(2) through (11) and (a)(13) of this 
section by the Director after consultation between the Director and the 
Department of Defense.
* * * * *
    (d) The prohibitions in paragraph (a)(1) of this section as it 
pertains to jade collection in the Sanctuary, and paragraphs (a)(2) 
through (11) and (a)(13) of this section, do not apply to any activity 
specifically authorized by and conducted in accordance with the scope, 
purpose, terms, and conditions of a National Marine Sanctuary permit 
issued pursuant to subpart D of this part and Sec.  922.133 or a 
special use permit issued pursuant to subpart D of this part.
    (e) The prohibitions in paragraphs (a)(2) through (a)(13) of this 
section do not apply to any activity authorized by

[[Page 29636]]

any lease, permit, license, approval, or other authorization issued 
after the effective date of Sanctuary designation (January 1, 1993) and 
issued by any Federal, State, or local authority of competent 
jurisdiction, provided that the applicant complies with Sec.  922.36, 
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 and extensions of 
authorizations in existence on the effective date of designation 
constitute authorizations issued after the effective date of Sanctuary 
designation.
    (f) Notwithstanding paragraphs (d) and (e) of this section, in no 
event may the Director issue a National Marine Sanctuary permit or ONMS 
authorization under subpart D of this part authorizing, or otherwise 
approve, the exploration for, development, or production of oil, gas, 
or minerals within the Sanctuary, except for the collection of jade 
pursuant to paragraph (a)(1) of this section; the discharge of primary-
treated sewage within the Sanctuary (except by certification, pursuant 
to Sec.  922.10, 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) before January 1, 1993. 
Any purported authorizations issued by other authorities within the 
Sanctuary shall be invalid.


0
37. Revise Sec.  922.133 to read as follows:


Sec.  922.133   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.132(a)(1) as it pertains to jade collection in the Sanctuary, Sec.  
922.132(a)(2) through (11), and (a)(13) if conducted under and in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under this section and subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey 
Bay National Marine Sanctuary, 99 Pacific Street, Bldg. 455A, Monterey, 
California 93940.

Subpart N--Stellwagen Bank National Marine Sanctuary

0
38. Amend Sec.  922.140 by revising the first sentence in paragraph (a) 
and revising paragraph (b) to read as follows:


Sec.  922.140   Boundary.

    (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) 
consists of an area of approximately 639 square nautical miles (nmi\2\) 
(846 sq. mi.) of Federal marine waters and the submerged lands 
thereunder, over and around Stellwagen Bank and other submerged 
features off the coast of Massachusetts. * * *
    (b) The Sanctuary boundary is identified by the following 
coordinates, indicating the most northeast, southeast, southwest, west-
northwest, and north-northwest points: 42.76672 -70.21664 (NE); 
42.09330 -70.03506 (SE); 42.12924 -70.47043 (SW); 42.54830 -70.59737 
(WNW); and 42.65123 -70.50262 (NNW). The western border is formed by a 
straight line connecting the most southwest and the west-northwest 
points of the Sanctuary. At the most west-northwest point, the 
Sanctuary border follows a line contiguous with the three-mile 
jurisdictional boundary of Massachusetts to the most north-northwest 
point. From this point, the northern border is formed by a straight 
line connecting the most north-northwest point and the most northeast 
point. The eastern border is formed by a straight line connecting the 
most northeast and the most southeast points of the Sanctuary. The 
southern border follows a straight line between the most southwest 
point and a point located at 42.11526 -70.27800. From that point, the 
southern border then continues in a west-to-east direction along a line 
contiguous with the three-mile jurisdictional boundary of Massachusetts 
until reaching the most southeast point of the Sanctuary. The boundary 
coordinates are listed in appendix A to this subpart.

0
39. Amend Sec.  922.141 by revising the introductory text and the 
definition of ``Industrial material'' to read as follows:


Sec.  922.141   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
    Industrial material means mineral, as defined in Sec.  922.11.
* * * * *


0
40. Amend Sec.  922.142 by revising paragraphs (d) and (f) to read as 
follows:


Sec.  922.142   Prohibited or otherwise regulated activities:

* * * * *
    (d) The prohibitions in paragraphs (a) (1) and (3) through (7) of 
this section do not apply to any activity specifically authorized by 
and conducted in accordance with the scope, purpose, terms, and 
conditions of a National Marine Sanctuary permit issued pursuant to 
subpart D of this part and Sec.  922.143 or a special use permit issued 
pursuant to subpart D of this part.
* * * * *
    (f) Notwithstanding paragraphs (d) and (e) of this section, in no 
event may the Director issue a permit under subpart D of this part and 
Sec.  922.143, or under section 310 of the act, authorizing, or 
otherwise approving, the exploration for, development or production of 
industrial materials within the Sanctuary, or the disposal of dredged 
materials within the Sanctuary (except by a certification, pursuant to 
Sec.  922.10, 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.


0
41. Revise Sec.  922.143 to read as follows:


Sec.  922.143   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.142 (a)(1) and (3) through (7) if conducted under and in accordance 
with the scope, purpose, terms and conditions of a permit issued under 
this section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, 
Scituate, MA 02066.


0
42. Revise Appendix A to Subpart N of Part 922 to read as follows:

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

    Coordinates listed in this Appendix are unprojected (geographic) 
and based on the North American Datum of 1983.

------------------------------------------------------------------------
                    Point                       Latitude     Longitude
------------------------------------------------------------------------
E1...........................................   42.76672       -70.21664
E2...........................................   42.09330       -70.03506
E3...........................................   42.10239       -70.05434
E4...........................................   42.10081       -70.06707
E5...........................................   42.11752       -70.08658
E6...........................................   42.12038       -70.10607
E7...........................................   42.12675       -70.12388
E8...........................................   42.12853       -70.14005
E9...........................................   42.13342       -70.15497
E10..........................................   42.13481       -70.17292
E11..........................................   42.13210       -70.19605
E12..........................................   42.13339       -70.21707
E13..........................................   42.12970       -70.23889
E14..........................................   42.12435       -70.25585

[[Page 29637]]

 
E15..........................................   42.11526       -70.27800
E16..........................................   42.12924       -70.47043
E17..........................................   42.54830       -70.59737
E18..........................................   42.55850       -70.58697
E19..........................................   42.56347       -70.58388
E20..........................................   42.57522       -70.57254
E21..........................................   42.58075       -70.55558
E22..........................................   42.58790       -70.54179
E23..........................................   42.59504       -70.52843
E24..........................................   42.60651       -70.51587
E25..........................................   42.62107       -70.50588
E26..........................................   42.63312       -70.50132
E27..........................................   42.64245       -70.50130
E28..........................................   42.65123       -70.50262
------------------------------------------------------------------------

Subpart O--Olympic Coast National Marine Sanctuary

0
43. Amend Sec.  922.150 by revising paragraph (a) to read as follows:


Sec.  922.150   Boundary.

    (a) The Olympic Coast National Marine Sanctuary (Sanctuary) 
consists of an area of approximately 2,408 square nautical miles 
(nmi\2\) (3,188 sq. mi.) of coastal and ocean waters, and the submerged 
lands thereunder, off the central and northern coast of the State of 
Washington.
* * * * *


0
44. Amend Sec.  922.151 by--
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Clean'', ``Cruise ship'', and 
``Harmful matter''.
    The revision reads as follows:


Sec.  922.151   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *


0
45. Amend Sec.  922.152 by revising paragraphs (a)(5) introductory 
text, (e) and (h) to read as follows:


Sec.  922.152   Prohibited or otherwise regulated activities:

    (a) * * *
    (5) Drilling into, dredging or otherwise altering the seabed of the 
Sanctuary; or constructing, placing or abandoning any structure, 
material or other matter on the submerged lands of the Sanctuary, 
except as an incidental result of:
* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (8) of this 
section do not apply to any activity specifically authorized by and 
conducted under and in accordance with the scope, purpose, terms and 
conditions of a National Marine Sanctuary permit or an ONMS 
authorization issued pursuant to subpart D of this part and Sec.  
922.153 or a special use permit issued pursuant to subpart D of this 
part
* * * * *
    (h) Notwithstanding paragraphs (e) and (g) of this section, in no 
event may the Director issue a National Marine Sanctuary permit or ONMS 
authorization under subpart D of this part and Sec.  922.153 or a 
special use permit under section 310 of the Act authorizing, or 
otherwise approve: The exploration for, development or production of 
oil, gas or minerals within the Sanctuary; the discharge of primary-
treated sewage within the Sanctuary (except by certification, pursuant 
to Sec.  922.10, 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 the Quillayute 
River Navigation Project; 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.


0
46. Revise Sec.  922.153 to read as follows:


Sec.  922.153   Permit procedures.

    (a) A person may conduct an activity prohibited by Sec.  922.152 
(a)(2) through (8) if conducted in accordance with the scope, purpose, 
terms and conditions of a permit or ONMS authorization issued under 
this section and subpart D of this part.
    (b) Applications for such permits or ONMS authorizations should be 
addressed to the Director, Office of National Marine Sanctuaries; ATTN: 
Superintendent, Olympic Coast National Marine Sanctuary, 115 E Railroad 
Ave., Suite 301, Port Angeles, WA 98362.
    (c) 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.
    (d) 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.
    (e) Where the issuance or denial of a permit is requested by the 
governing body of a Washington Coast treaty 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.


0
47. Revise Appendix A to Subpart O of Part 922 to read as follows:

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

    Coordinates listed in this Appendix are unprojected (geographic) 
and based on the North American Datum of 1983.

------------------------------------------------------------------------
                    Point                       Latitude     Longitude
------------------------------------------------------------------------
1............................................   47.12917      -124.18389
2............................................   47.12917      -124.97000
3............................................   47.58472      -125.00000
4............................................   47.66806      -125.07889
5............................................   47.83361      -125.09500
6............................................   47.95361      -125.48694
7............................................   48.12583      -125.63889
8............................................   48.25000      -125.68167
9............................................   48.30589      -125.50081
10...........................................   48.33756      -125.38136
11...........................................   48.44617      -125.15469
12...........................................   48.45256      -125.14164
13...........................................   48.46894      -125.09775
14...........................................   48.49533      -125.00303
15...........................................   48.49894      -124.98886
16...........................................   48.50367      -124.91581
17...........................................   48.50589      -124.84053
18...........................................   48.50283      -124.78831
19...........................................   48.49344      -124.72725
20...........................................   48.46889      -124.63694
21...........................................   48.38806      -124.63694
------------------------------------------------------------------------

Subpart P--Florida Keys National Marine Sanctuary

0
48. Revise Sec.  922.161 to read as follows:


Sec.  922.161   Boundary.

    The sanctuary consists of an area of approximately 2,872 square 
nautical miles (nmi\2\) (3,803 sq. mi.) of coastal and ocean waters, 
and the submerged lands thereunder, surrounding the Florida Keys in 
Florida. Appendix I to this subpart sets forth the precise Sanctuary 
boundary.


0
49. Amend Sec.  922.162 by--
0
a. Revising paragraphs (a) introductory text and (b); and
0
b. Removing the definition of ``Fish''.
    The revisions read as follows:


Sec.  922.162   Definitions.

    (a) The following definitions apply to the Florida Keys National 
Marine Sanctuary regulations. To the extent that a term appears in 
Sec.  922.11 and this

[[Page 29638]]

section, the definition in this section governs.
* * * * *
    (b) Other terms appearing in the regulations in this part are 
defined at Sec.  922.11, and/or in the Marine Protection, Research, and 
Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 16 
U.S.C. 1431 et seq.


0
50. Amend Sec.  922.163 by revising paragraphs (b), (c) and (f) to read 
as follows:


Sec.  922.163   Prohibited activities--Sanctuary-wide.

* * * * *
    (b) Notwithstanding the prohibitions in this section and in Sec.  
922.164, and any access and use restrictions imposed pursuant thereto, 
a person may conduct an activity specifically authorized by and 
conducted in accordance with the scope, purpose, terms, and conditions 
of a National Marine Sanctuary permit issued pursuant to Sec.  922.166 
and subpart D of this part.
    (c) Notwithstanding the prohibitions in this section and in Sec.  
922.164, and any access and use restrictions imposed pursuant thereto, 
a person may conduct an activity specifically authorized by any valid 
Federal, State, or local lease, permit, license, approval, or other 
authorization issued after the effective date of these regulations, 
provided that the applicant complies with Sec.  922.36, the Director 
notifies the applicant and authorizing agency that he or she does not 
object to issuance of the authorization, and the applicant complies 
with any terms and conditions the Director deems reasonably necessary 
to protect Sanctuary resources and qualities. Amendments of 
authorizations in existence on the effective date of these regulations 
constitute authorizations issued after the effective date of these 
regulations.
* * * * *
    (f) In no event may the Director issue a certification, 
authorization, or permit under Sec. Sec.  922.10, 922.163(c), 922.166, 
and subpart D of this part, respectively, authorizing, or otherwise 
approving, the exploration for, leasing, development, or production of 
minerals or hydrocarbons within the Sanctuary, the disposal of dredged 
material within the Sanctuary other than in connection with beach 
renourishment or Sanctuary restoration projects, or the discharge of 
untreated or primary treated sewage, and any purported authorizations 
issued by other authorities for any of these activities within the 
Sanctuary shall be invalid.
* * * * *


0
52. Amend Sec.  922.166 by revising paragraph (a) and removing and 
reserving paragraphs (e), (g), and (h) to read as follows:


Sec.  922.166   Permits other than for access to the Tortugas 
Ecological Reserve--application procedures and issuance criteria.

    (a) A person may conduct an activity otherwise prohibited by 
Sec. Sec.  922.163 or 922.164 if the activity is specifically allowed 
by and conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and subpart D of this 
part.
    (1) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Florida 
Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040.
    (2) For activities proposed to be conducted within any of the areas 
described in Sec.  922.164 (b)-(e), the Director shall not issue a 
permit unless he or she further finds that such activities will further 
and are consistent with the purposes for which such area was 
established, as described in Sec. Sec.  922.162 and 922.164 and in the 
management plan for the Sanctuary.
    (3) A person may conduct an activity otherwise prohibited by 
Sec. Sec.  922.163 or 922.164, if such activity is specifically allowed 
by and conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and subpart D of this 
part, and any additional permit issuance criteria and requirements in 
922.166(b), (c), (f) and (i) to (m).
* * * * *

Subpart Q--Hawaiian Islands Humpback Whale National Marine 
Sanctuary

0
53. Amend Sec.  922.181 by revising paragraph (a) introductory text to 
read as follows:


Sec.  922.181   Boundary.

    (a) Except for excluded areas described in paragraph (b) of this 
section, the Hawaiian Islands Humpback Whale National Marine Sanctuary 
encompasses approximately 1,032 square nautical miles (nmi\2\) (1,366 
sq. mi.), and consists of the submerged lands and waters off the coast 
of the Hawaiian Islands seaward from the shoreline, cutting across the 
mouths of rivers and streams:
* * * * *


0
54. Amend Sec.  922.182 by revising paragraph (b) to read as follows:


Sec.  922.182   Definitions.

* * * * *
    (b) Other terms appearing in the regulations in this subpart are 
defined at 15 CFR 922.11, and/or in the Marine Protection, Research, 
and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 
1431 et seq.


0
55. In Appendix A to Subpart Q of Part 922 amend section B by revising 
the table and amend section C by revising the table to read as follows:

Appendix A to Subpart Q of Part 922--Hawaiian Islands Humpback Whale, 
National Marine Sanctuary Boundary Description and Coordinates of the 
Lateral Boundary Closures and Excluded Areas.

* * * * *

B. Lateral Closure Bounds for the Hawaiian Islands Humpback Whale 
National Marine Sanctuary Boundary (see Figure 2).

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                               Number of
       Bound No.  (Fig. 2)             Geographic name          points           Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
1a..............................  Kailiu Pt., Kauai.......               2           22.22353         -159.58117
1b..............................  Kailiu Pt., Kauai.......  ..............           22.27597         -159.59983
2a..............................  Mokolea Pt., Kauai......               2           22.22497         -159.38217
2b..............................  Mokolea Pt., Kauai......  ..............           22.24872         -159.37203
3a..............................  Puaena Pt., N. Oahu.....               2           21.64017         -158.14056
3b..............................  Puaena Pt., N. Oahu.....  ..............           21.60233         -158.10681
4a..............................  Mahie Pt., N. Oahu......               2           21.56036         -157.86442
4b..............................  Mahie Pt., N. Oahu......  ..............           21.59228         -157.83486
5a..............................  Kapahulu Groin, S. Oahu.               3           21.25158         -157.84097
5b..............................  Kapahulu Groin, S. Oahu.  ..............           21.26836         -157.82381
5c..............................  Kapahulu Groin, S. Oahu.  ..............           21.26839         -157.82328

[[Page 29639]]

 
6a..............................  Makapuu Pt., S. Oahu....               2           21.31100         -157.64908
6b..............................  Makapuu Pt., S. Oahu....  ..............           21.32908         -157.59614
7a..............................  Ilio Pt, Molokai........               2           21.22381         -157.31272
7b..............................  Ilio Pt, Molokai........  ..............           21.22417         -157.25400
8a..............................  Pailolo Channel, C.                    2           21.02494         -156.63944
                                   Halawa to Lipoa Pt.
8b..............................  Pailolo Channel, C.       ..............           21.15819         -156.71033
                                   Halaw to Lipoa Pt.
9a..............................  Hanamanoia Lighthouse,                 2           20.57272         -156.44753
                                   Maui.
9b..............................  Hanamanoia Lighthouse,    ..............           20.58289         -156.41256
                                   Maui.
10a.............................  3 Nmi. closure around                 51           20.59947         -156.49222
                                   Kahoolawe.
10b.............................  3 Nmi. closure around     ..............           20.59997         -156.49250
                                   Kahoolawe.
10c.............................  3 Nmi. closure around     ..............           20.60108         -156.49319
                                   Kahoolawe.
10d.............................  3 Nmi. closure around     ..............           20.60183         -156.49358
                                   Kahoolawe.
10e.............................  3 Nmi. closure around     ..............           20.60453         -156.49531
                                   Kahoolawe.
10f.............................  3 Nmi. closure around     ..............           20.60714         -156.49719
                                   Kahoolawe.
10g.............................  3 Nmi. closure around     ..............           20.60961         -156.49925
                                   Kahoolawe.
10h.............................  3 Nmi. closure around     ..............           20.61108         -156.50061
                                   Kahoolawe.
10i.............................  3 Nmi. closure around     ..............           20.61217         -156.50153
                                   Kahoolawe.
10j.............................  3 Nmi. closure around     ..............           20.61411         -156.50336
                                   Kahoolawe.
10k.............................  3 Nmi. closure around     ..............           20.61639         -156.50458
                                   Kahoolawe.
10l.............................  3 Nmi. closure around     ..............           20.63297         -156.50631
                                   Kahoolawe.
10m.............................  3 Nmi. closure around     ..............           20.62169         -156.50819
                                   Kahoolawe.
10n.............................  3 Nmi. closure around     ..............           20.62417         -156.51022
                                   Kahoolawe.
10o.............................  3 Nmi. closure around     ..............           20.62653         -156.51244
                                   Kahoolawe.
10p.............................  3 Nmi. closure around     ..............           20.62872         -156.51483
                                   Kahoolawe.
10q.............................  3 Nmi. closure around     ..............           20.63081         -156.51733
                                   Kahoolawe.
10r.............................  3 Nmi. closure around     ..............           20.63233         -156.51944
                                   Kahoolawe.
10s.............................  3 Nmi. closure around     ..............           20.63306         -156.52033
                                   Kahoolawe.
10t.............................  3 Nmi. closure around     ..............           20.63500         -156.52297
                                   Kahoolawe.
10u.............................  3 Nmi. closure around     ..............           20.63572         -156.52411
                                   Kahoolawe.
10v.............................  3 Nmi. closure around     ..............           20.63633         -156.52497
                                   Kahoolawe.
10w.............................  3 Nmi. closure around     ..............           20.63811         -156.52775
                                   Kahoolawe.
10x.............................  3 Nmi. closure around     ..............           20.63858         -156.52861
                                   Kahoolawe.
10y.............................  3 Nmi. closure around     ..............           20.63983         -156.53011
                                   Kahoolawe.
10z.............................  3 Nmi. closure around     ..............           20.64175         -156.53278
                                   Kahoolawe.
10aa............................  3 Nmi. closure around     ..............           20.64350         -156.53553
                                   Kahoolawe.
10bb............................  3 Nmi. closure around     ..............           20.64511         -156.53842
                                   Kahoolawe.
10cc............................  3 Nmi. closure around     ..............           20.64539         -156.53903
                                   Kahoolawe.
10dd............................  3 Nmi. closure around     ..............           20.64622         -156.54053
                                   Kahoolawe.
10ee............................  3 Nmi. closure around     ..............           20.64764         -156.54353
                                   Kahoolawe.
10ff............................  3 Nmi. closure around     ..............           20.64889         -156.54658
                                   Kahoolawe.
10gg............................  3 Nmi. closure around     ..............           20.64994         -156.54975
                                   Kahoolawe.
10hh............................  3 Nmi. closure around     ..............           20.65083         -156.55297
                                   Kahoolawe.
10ii............................  3 Nmi. closure around     ..............           20.65111         -156.55436
                                   Kahoolawe.
10jj............................  3 Nmi. closure around     ..............           20.65122         -156.55472
                                   Kahoolawe.
10kk............................  3 Nmi. closure around     ..............           20.65147         -156.55586
                                   Kahoolawe.
10ll............................  3 Nmi. closure around     ..............           20.65189         -156.55797
                                   Kahoolawe.
10mm............................  3 Nmi. closure around     ..............           20.65239         -156.56131
                                   Kahoolawe.
10nn............................  3 Nmi. closure around     ..............           20.65247         -156.56233
                                   Kahoolawe.
10oo............................  3 Nmi. closure around     ..............           20.65269         -156.56378
                                   Kahoolawe.
10pp............................  3 Nmi. closure around     ..............           20.65281         -156.56494
                                   Kahoolawe.
10qq............................  3 Nmi. closure around     ..............           20.65306         -156.56675
                                   Kahoolawe.
10rr............................  3 Nmi. closure around     ..............           20.65336         -156.57011
                                   Kahoolawe.
10ss............................  3 Nmi. closure around     ..............           20.65347         -156.57344
                                   Kahoolawe.
10tt............................  3 Nmi. closure around     ..............           20.65344         -156.57372
                                   Kahoolawe.
10uu............................  3 Nmi. closure around     ..............           20.65350         -156.57514
                                   Kahoolawe.
10vv............................  3 Nmi. closure around     ..............           20.65339         -156.57850
                                   Kahoolawe.
10ww............................  3 Nmi. closure around     ..............           20.65328         -156.57992
                                   Kahoolawe.
10xx............................  3 Nmi. closure around     ..............           20.65325         -156.58025
                                   Kahoolawe.
10yy............................  3 Nmi. closure around     ..............           20.65314         -156.58217
                                   Kahoolawe.
11a.............................  Technical Closure.......               2           20.69422         -156.61875
11b.............................  Technical Closure.......  ..............           20.69583         -156.63433
12a.............................  Upolu Pt., Hawaii (Big                 2           20.26814         -155.85014
                                   Island).
12b.............................  Upolu Pt., Hawaii (Big    ..............           20.29997         -155.85478
                                   Island).
13a.............................  Keahole Pt., Hawaii (Big               2           19.72767         -156.06186
                                   Island).
13b.............................  Keahole Pt., Hawaii (Big  ..............           19.72819         -156.07069
                                   Island).
----------------------------------------------------------------------------------------------------------------

C. Excluded Ports and Harbors Bounds (see Figure 3).

* * * * *

[[Page 29640]]



----------------------------------------------------------------------------------------------------------------
                                                               Number of
       Bound No.  (Fig. 2)             Geographic name          points           Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
14a.............................  Kawaihae Harbor, Big                   2           20.03731         -155.83403
                                   Island exclusion.
14b.............................  Kawaihae Harbor, Big      ..............           20.04036         -155.83269
                                   Island exclusion.
15a.............................  Haleolono Harbor,                      2           21.08431         -157.24961
                                   Molokai exclusion.
15b.............................  Haleolono Harbor,         ..............           21.08467         -157.24867
                                   Molokai exclusion.
16a.............................  Kaunakakai Harbor,                     4           21.08719         -157.02658
                                   Molokai exclusion.
16b.............................  Kaunakakai Harbor,        ..............           21.08033         -157.03286
                                   Molokai exclusion.
16c.............................  Kaunakakai Harbor,        ..............           21.07736         -157.02811
                                   Molokai exclusion.
16d.............................  Kaunakakai Harbor,        ..............           21.08539         -157.02083
                                   Molokai exclusion.
17a.............................  Kaumalapau Harbor, Lanai               2           20.78589         -156.99228
                                   exclusion.
17b.............................  Kaumalapau Harbor, Lanai  ..............           20.78364         -156.99203
                                   exclusion.
18a.............................  Manele Harbor, Lanai                   2           20.74256         -156.88692
                                   exclusion.
18b.............................  Manele Harbor, Lanai      ..............           20.74311         -156.88725
                                   exclusion.
19a.............................  Lahaina Harbor, Maui                   2           20.87175         -156.67917
                                   exclusion.
19b.............................  Lahaina Harbor, Maui      ..............           20.87189         -156.67889
                                   exclusion.
20a.............................  Maalaea Harbor, Maui                   2           20.79225         -156.50972
                                   exclusion.
20b.............................  Maalaea Harbor, Maui      ..............           20.79022         -156.51100
                                   exclusion.
21a.............................  Western closure Kuapa                  2           21.28528         -157.71881
                                   Pond (Hawaii Kai), Oahu.
21b.............................  Western closure Kuapa     ..............           21.28514         -157.71861
                                   Pond (Hawaii Kai), Oahu.
22a.............................  Eastern closure Kuapa                  2           21.28147         -157.71186
                                   Pond (Hawaii Kai), Oahu.
22b.............................  Eastern closure Kuapa     ..............           21.28108         -157.71119
                                   Pond (Hawaii Kai), Oahu.
----------------------------------------------------------------------------------------------------------------

Subpart R--Thunder Bay Bank National Marine Sanctuary And 
Underwater Preserve

0
56. Amend Sec.  922.190 by revising paragraph (a) to read as follows:


Sec.  922.190   Boundary.

    (a) Except as provided in paragraph (b) of this section, the 
Thunder Bay National Marine Sanctuary and Underwater Preserve 
(Sanctuary) consists of an area of approximately 3,247 square nautical 
miles (nmi\2\) (4,300 sq. mi.) of waters of Lake Huron and the 
submerged lands thereunder, over, around, and under the underwater 
cultural resources in Thunder Bay. The eastern boundary of the 
sanctuary begins at the intersection of the southern Alcona County 
boundary and the U.S./Canada international boundary (Point 1). The 
eastern boundary of the sanctuary approximates the international 
boundary passing through Points 2-5. The boundary continues west 
through Point 6 and then back to the northeast until it intersects with 
the 45.83333[deg]N line of latitude at Point 7. The northern boundary 
follows the line of latitude 45.83333[deg]N westward until it 
intersects the -84.33333[deg]W line of longitude at Point 8. The 
western boundary extends south along the -84.33333[deg]W line of 
longitude towards Point 9 until it intersects the ordinary high water 
mark at Cordwood Point. From there, the western boundary follows the 
ordinary high water mark as defined by Part 325, Great Lakes Submerged 
Lands, of P.A. 451 (1994), as amended, cutting across the mouths of 
rivers and streams until it intersects the line formed between Point 10 
and Point 11 south of Rogers City, MI. From there the boundary moves 
offshore through Points 11-15 in order until it intersects the ordinary 
high water mark along the line formed between Point 15 and Point 16. At 
this intersection the boundary continues to follow the ordinary high 
water mark south until it intersects with the line formed between Point 
17 and Point 18 near Stoneport Harbor Light in Presque Isle, MI.
* * * * *


Sec.  922.194   [Removed and Reserved].


0
57. Remove and reserve Sec.  922.194.


0
58. Revise Sec.  922.195 to read as follows:

Sec.  922.195   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.193 (a)(1) through (3), if the activity is specifically authorized 
by and conducted in accordance with the scope, purpose, terms and 
conditions of a State Permit provided that:
    (1) The State Archaeologist certifies to NOAA that the activity 
authorized under the State Permit will be conducted consistent with the 
Programmatic Agreement, in which case such State Permit shall be deemed 
to have met the requirements of subpart D of this part; or
    (2) In the case where the State Archaeologist does not certify that 
the activity to be authorized under a State Permit will be conducted 
consistent with the Programmatic Agreement, the person complies with 
the requirements of subpart D of this part.
    (b) In instances where the conduct of an activity is prohibited by 
Sec.  922.193 (a)(1) through (3) is not addressed under a State or 
other Federal lease, license, permit or other authorization, a person 
may conduct such activity if it is specifically authorized by and 
conducted in accordance with the scope, purpose, terms, and conditions 
of a permit issued pursuant to subpart D of this part and the 
Programmatic Agreement.
    (c) A permit for recovery of an underwater cultural resource may be 
issued if:
    (1) The proposed activity satisfies the requirements for permits 
described under paragraphs (a) through (b) of this section and section 
922.33;
    (2) The recovery of the underwater cultural resource is in the 
public interest;
    (3) Recovery of the underwater cultural resource is part of 
research to preserve historic information for public use; and
    (4) Recovery of the underwater cultural resource is necessary or 
appropriate to protect the resource, preserve historical information, 
or further the policies of the Sanctuary.
    (d) A person shall file an application for a permit with the 
Michigan Department of Environmental Quality, Land and Water Management 
Division, P.O. Box 30458, Lansing, MI, 48909-7958. The application 
shall contain all of the following information:
    (1) The name and address of the applicant;
    (2) Research plan that describes in detail the specific research 
objectives and previous work done at the site. An archaeological survey 
must be conducted on a site before an archaeological permit allowing 
excavation can be issued;
    (3) Description of significant previous work in the area of 
interest, how the proposed effort would enhance or

[[Page 29641]]

contribute to improving the state of knowledge, why the proposed effort 
should be performed in the Sanctuary, and its potential benefits to the 
Sanctuary;
    (4) An operational plan that describes the tasks required to 
accomplish the project's objectives and the professional qualifications 
of those conducting and supervising those tasks (see paragraph (e)(9) 
of this section). The plan must provide adequate description of methods 
to be used for excavation, recovery and the storage of artifacts and 
related materials on site, and describe the rationale for selecting the 
proposed methods over any alternative methods;
    (5) Archaeological recording, including site maps, feature maps, 
scaled photographs, and field notes;
    (6) An excavation plan describing the excavation, recovery and 
handling of artifacts;
    (7)(i) A conservation plan documenting:
    (A) The conservation facility's equipment;
    (B) Ventilation temperature and humidity control; and
    (C) storage space.
    (ii) Documentation of intended conservation methods and processes 
must also be included;
    (8) A curation and display plan for the curation of the conserved 
artifacts to ensure the maintenance and safety of the artifacts in 
keeping with the Sanctuary's federal stewardship responsibilities under 
the Federal Archaeology Program (36 CFR part 79, Curation of Federally-
Owned and Administered Archaeological Collections); and
    (9) Documentation of the professional standards of an archaeologist 
supervising the archaeological recovery of historical artifacts. The 
minimum professional qualifications in archaeology are a graduate 
degree in archaeology, anthropology, or closely related field plus:
    (i) At least one year of full-time professional experience or 
equivalent specialized training in archeological research, 
administration or management;
    (ii) At least four months of supervised field and analytic 
experience in general North American archaeology;
    (iii) Demonstrated ability to carry research to completion; and
    (iv) At least one year of full-time professional experience at a 
supervisory level in the study of archeological resources in the 
underwater environment.


0
59. Revise Appendix A to Subpart R of Part 922 to read as follows:

Appendix A to Subpart R of Part 922--Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Coordinates

    Coordinates listed in this Appendix are unprojected (geographic) 
and based on the North American Datum of 1983.

------------------------------------------------------------------------
                    Point                       Latitude     Longitude
------------------------------------------------------------------------
1............................................   45.20708       -83.38850
2............................................   45.20708       -83.00000
3............................................   44.85847       -83.00000
4............................................   44.85847       -83.32147
------------------------------------------------------------------------

Subpart S--Mallows Bay-Potomac River National Marine Sanctuary


0
60. Revise Sec.  922.205 to read as follows:


Sec.  922.205   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.203 (a)(1) and (2) if conducted under and in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Mallows Bay--Potomac River National Marine Sanctuary, 1305 East-West 
Highway, Silver Spring, MD 20910.


0
61. Amend Sec.  922.206 by revising paragraphs (a) and (j) to read as 
follows:


Sec.  922.206   Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.203(a)(1) through (3) if such activity is specifically authorized 
by a valid Federal, state, or local lease, permit, license, approval, 
or other authorization, or tribal right of subsistence use or access in 
existence prior to the effective date of sanctuary designation and 
within the sanctuary designated area and complies with Sec.  922.10 and 
provided that the holder of the lease, permit, license, approval, or 
other authorization complies with the requirements of paragraph (e) of 
this section.
* * * * *
    (j) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.37.
* * * * *

Subpart T--Wisconsin Shipwreck Coast National Marine Sanctuary


0
62. Revise Sec.  922.215 to read as follows:


Sec.  922.215   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
Sec.  922.213 (a) (1) and (2) if conducted under and in accordance with 
the scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West 
Highway, Silver Spring, MD 20910.
0
63. Amend Sec.  922.216 by revising paragraphs (a) and (j) to read as 
follows:

Sec.  922.216   Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.213(a)(1) through (3) if such activity is specifically authorized 
by a valid Federal, state, or local lease, permit, license, approval, 
or other authorization, or tribal right of subsistence use or access in 
existence prior to the effective date of sanctuary designation and 
within the sanctuary designated area and complies with Sec.  922.10 and 
provided that the holder of the lease, permit, license, approval, or 
other authorization complies with the requirements of paragraph (e) of 
this section.
* * * * *
    (j) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.37.
* * * * *
[FR Doc. 2022-09626 Filed 5-12-22; 8:45 am]
BILLING CODE 3510-NK-P


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