National United States Regulations 15 CFR PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS Title 15: Commerce and Foreign Trade PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS -------------------------------------------------------------------------------- Authority: 16 U.S.C. 1431 et seq. Source: 60 FR 66877, Dec. 27, 1995, unless otherwise noted. Editorial Note: Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997; 62 FR 67724, Dec. 30, 1997. Subpart A—General top § 922.1 Applicability of regulations. top Unless noted otherwise, the regulations in Subparts A, D and E apply to all thirteen National Marine Sanctuaries for which site-specific regulations appear in Subparts F through R, respectively. Subparts B and C apply to the site evaluation list and to the designation of future Sanctuaries. [65 FR 39055, June 22, 2000] § 922.2 Mission, goals, and special policies. top (a) In accordance with the standards set forth in title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, also known as the National Marine Sanctuaries Act (Act) the mission of the National Marine Sanctuary program (Program) is to identify, designate and manage areas of the marine environment of special national, and in some cases international, significance due to their conservation, recreational, ecological, historical, research, educational, or aesthetic qualities. (b) The goals of the Program are to carry out the mission to: (1) Identify and designate as National Marine Sanctuaries areas of the marine environment which are of special national significance; (2) Provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities; (3) Support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas; (4) Enhance public awareness, understanding, appreciation, and wise use of the marine environment; (5) Facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities; (6) Develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas; (7) Create models of, and incentives for, ways to conserve and manage these areas; (8) Cooperate with global programs encouraging conservation of marine resources; and (9) Maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate. (c) To the extent consistent with the policies set forth in the Act, in carrying out the Program's mission and goals: (1) Particular attention will be given to the establishment and management of marine areas as National Marine Sanctuaries for the protection of the area's natural resource and ecosystem values; particularly for ecologically or economically important or threatened species or species assemblages, and for offshore areas where there are no existing special area protection mechanisms; (2) The size of a National Marine Sanctuary, while highly dependent on the nature of the site's resources, will be no larger than necessary to ensure effective management; (d) Management efforts will be coordinated to the extent practicable with other countries managing marine protected areas; (e) Program regulations, policies, standards, guidelines, and procedures under the Act concerning the identification, evaluation, registration, and treatment of historical resources shall be consistent, to the extent practicable, with the declared national policy for the protection and preservation of these resources as stated in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., the Archeological and Historical Preservation Act of 1974, 16 U.S.C. 469 et seq., and the Archeological Resources Protection Act of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory protection and preservation planning policy extended to historical resources on land shall be extended, to the extent practicable, to historical resources in the marine environment within the boundaries of designated National Marine Sanctuaries. The management of historical resources under the authority of the Act shall be consistent, to the extent practicable, with the Federal archeological program by consulting the Uniform Regulations, ARPA (43 CFR part 7) and other relevant Federal regulations. The Secretary of the Interior's Standards and Guidelines for Archeology may also be consulted for guidance. These guidelines are available from the Office of Ocean and Coastal Management at (301) 713–3125. § 922.3 Definitions. top Act means title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act. Active Candidate means a site selected by the Secretary from the Site Evaluation List for further consideration for possible designation as a National Marine Sanctuary. Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration (NOAA), or designee. Benthic community means the assemblage of organisms, substrate, and structural formations found at or near the bottom that is periodically or permanently covered by water. Commercial fishing means any activity that results in the sale or trade for intended profit of fish, shellfish, algae, or corals. Conventional hook and line gear means any fishing apparatus operated aboard a vessel and composed of a single line terminated by a combination of sinkers and hooks or lures and spooled upon a reel that may be hind- or electrically operated, hand-held or mounted. This term does not include bottom longlines. Cultural resources means any historical or cultural feature, including archaeological sites, historic structures, shipwrecks, and artifacts. Director means, except where otherwise specified, the Director of the Office of Ocean and Coastal Resource Management, NOAA, or designee. Exclusive economic zone means the exclusive economic zone as defined in the Magnuson Fishery Conservation and Management Act, 16 U.S. 1801 et seq. Fish wastes means waste materials resulting from commercial fish processing operations. Historical resource means any resource possessing historical, cultural, archaeological or paleontological significance, including sites, contextual information, structures, districts, and objects significantly associated with or representative of earlier people, cultures, maritime heritage, and human activities and events. Historical resources include “submerged cultural resources”, and also include “historical properties,” as defined in the National Historic Preservation Act, as amended, and its implementing regulations, as amended. Indian tribe means any American Indian tribe, band, group, or community recognized as such by the Secretary of the Interior. Injure means to change adversely, either in the short or long term, a chemical, biological or physical attribute of, or the viability of. This includes, but is not limited to, to cause the loss of or destroy. Lightering means at-sea transfer of petroleum-based products, materials, or other matter from vessel to vessel. Marine means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law. Mineral means clay, stone, sand, gravel, metalliferous ore, non-metalliferous ore, or any other solid material or other matter of commercial value. National historic landmark means a district, site, building, structure or object designated as such by the Secretary of the Interior under the National Historic Landmarks Program (36 CFR part 65). National Marine Sanctuary means an area of the marine environment of special national significance due to its resource or human-use values, which is designated as such to ensure its conservation and management. Person means any private individual, partnership, corporation or other entity; or any officer, employee, agent, department, agency or instrumentality of the Federal government, of any State or local unit of government, or of any foreign government. Regional Fishery Management Council means any fishery council established under section 302 of the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Sanctuary quality means any of those ambient conditions, physical-chemical characteristics and natural processes, the maintenance of which is essential to the ecological health of the Sanctuary, including, but not limited to, water quality, sediment quality and air quality. Sanctuary resource means any living or non-living resource of a National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources. For Thunder Bay National Marine Sanctuary and Underwater Preserve, Sanctuary resource means an underwater cultural resource as defined at §922.191. Secretary means the Secretary of the United States Department of Commerce, or designee. Shunt means to discharge expended drilling cuttings and fluids near the ocean seafloor. Site Evaluation List (SEL) means a list of selected natural and historical resource sites selected by the Secretary as qualifying for further evaluation for possible designation as National Marine Sanctuaries. State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the United States Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States. Subsistence use means the customary and traditional use by rural residents of areas near or in the marine environment for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles; and for barter, if for food or non-edible items other than money, if the exchange is of a limited and non-commercial nature. Take or taking means: (1) For any marine mammal, sea turtle, or seabird listed as either endangered or threatened pursuant to the Endangered Species Act, to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure, or to attempt to engage in any such conduct; (2) For any other marine mammal, sea turtle, or seabird, to harass, hunt, capture, kill, collect or injure, or to attempt to engage in any such conduct. For the purposes of both (1) and (2) of this definition, this includes, but is not limited to, to collect any dead or injured marine mammal, sea turtle or seabird, or any part thereof; to restrain or detain any marine mammal, sea turtle or seabird, or any part thereof, no matter how temporarily; to tag any sea turtle, marine mammal or seabird; to operate a vessel or aircraft or to do any other act that results in the disturbance or molestation of any marine mammal, sea turtle or seabird. Tropical fish means fish or minimal sport and food value, usually brightly colored, often used for aquaria purposes and which lives in a direct relationship with live bottom communities. Vessel means a watercraft of any description capable of being used as a means of transportation in/on the waters of a Sanctuary. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, 2000] § 922.4 Effect of National Marine Sanctuary designation. top The designation of a National Marine Sanctuary, and the regulations implementing it, are binding on any person subject to the jurisdiction of the United States. Designation does not constitute any claim to territorial jurisdiction on the part of the United States for designated sites beyond the U.S. territorial sea, and the regulations implementing the designation shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance with: (a) Generally recognized principles of international law; (b) An agreement between the United States and the foreign state of which the person is a citizen; or (c) An agreement between the United States and the flag state of the foreign vessel, if the person is a crew member of the vessel. Subpart B—Site Evaluation List (SEL) top § 922.10 General. top (a) The Site Evaluation List (SEL) was established as a comprehensive list of marine sites with high natural resource values and with historical qualities of special national significance that are highly qualified for further evaluation for possible designation as National Marine Sanctuaries. (b) The SEL is currently inactive. Criteria for inclusion of marine sites on a revised SEL will be issued, with public notice and opportunity to comment, when the Director determines that the SEL should be reactivated. (c) Only sites on the SEL may be considered for subsequent review as active candidates for designation. (d) Placement of a site on the SEL, or selection of a site from the SEL as an active candidate for designation as provided for in §922.21, by itself shall not subject the site to any regulatory control under the Act. Such controls may only be imposed after designation. Subpart C—Designation of National Marine Sanctuaries top § 922.20 Standards and procedures for designation. top In designating a National Marine Sanctuary, the Secretary shall apply the standards and procedures set forth in section 303 and section 304 of the Act. § 922.21 Selection of active candidates. top (a) The Secretary shall, from time to time, select a limited number of sites from the SEL for Active Candidate consideration based on a preliminary assessment of the designation standards set forth in section 303 of the Act. (b) Selection of a site as an Active Candidate shall begin the formal Sanctuary designation-evaluation process. A notice of intent to prepare a draft environmental impact statement shall be published in the Federal Register and in newspapers in the area(s) of local concern. A brief written analysis describing the site shall be provided. The Secretary, at any time, may drop a site from consideration if the Secretary determines that the site does not meet the designation standards and criteria set forth in the Act. § 922.22 Development of designation materials. top (a) In designating a National Marine Sanctuary, the Secretary shall prepare the designation materials described in section 304 of the Act. (b) If a proposed Sanctuary includes waters within the exclusive economic zone, the Secretary shall notify the appropriate Regional Fishery Management Council(s) which shall have one hundred and twenty (120) days from the date of such notification to make recommendations and, if appropriate, prepare draft fishery regulations and to submit them to the Secretary. In preparing its recommendations and draft regulations, the Council(s) shall use as guidance the national standards of section 301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent that they are consistent and compatible with the goals and objectives of the proposed Sanctuary designation. Fishery activities not proposed for regulation under section 304(a)(5) of the Act may be listed in the draft Sanctuary designation document as potentially subject to regulation, without following the procedures specified in section 304(a)(5) of the Act. If the Secretary subsequently determines that regulation of any such fishery activity is necessary, then the procedures specified in section 304(a)(5) of the Act shall be followed. § 922.23 Coordination with States and other Federal agencies. top (a) The Secretary shall consult and cooperate with affected States throughout the National Marine Sanctuary designation process. In particular the Secretary shall: (1) Consult with the relevant State officials prior to selecting any site on the SEL as an Active Candidate pursuant to §922.21, especially concerning the relationship of any site to State waters and the consistency of the proposed designation with a federally approved State coastal zone management program. For the purposes of a consistency review by States with federally approved coastal zone management programs, designation of a National Marine Sanctuary is deemed to be a Federal activity, which, if affecting the State's coastal zone, must be undertaken in a manner consistent to the maximum extent practicable with the approved State coastal zone program as provided by section 307(c)(1) of the Coastal Zone Management Act of 1972, as amended, and implementing regulations at 15 CFR part 930, subpart. (2) Ensure that relevant State agencies are consulted prior to holding any public hearings pursuant to section 304(a)(3) of the Act. (3) Provide the Governor(s) of any State(s) in which a proposed Sanctuary would be located an opportunity to certify the designation or any of its terms as unacceptable as specified in section 304(b)(1) of the Act. (b) The Secretary shall develop proposed regulations relating to activities under the jurisdiction of one or more other Federal agencies in consultation with those agencies. § 922.24 Congressional documents. top In designating a National Marine Sanctuary, the Secretary shall prepare and submit to Congress those documents described in section 304 of the Act. § 922.25 Designation determination and findings. top (a) In designating a National Marine Sanctuary, the Secretary shall prepare a written Designation Determination and Findings which shall include those findings and determinations described in section 303 of the Act. (b) In addition to those factors set forth in section 303 of the Act, the Secretary, when making a designation determination, shall consider the Program's fiscal capability to manage the area as a National Marine Sanctuary. Subpart D—Management Plan Development and Implementation top § 922.30 General. top (a) The Secretary shall implement each management plan, and applicable regulations, including carrying out surveillance and enforcement activities and conducting such research, monitoring, evaluation, and education programs as are necessary and reasonable to carry out the purposes and policies of the Act. (b) Consistent with Sanctuary management plans, the Secretary shall develop and implement site-specific contingency and emergency-response plans designed to protect Sanctuary resources. The plans shall contain alert procedures and actions to be taken in the event of an emergency such as a shipwreck or an oil spill. § 922.31 Promotion and coordination of Sanctuary use. top The Secretary shall take such action as is necessary and reasonable to promote and coordinate the use of National Marine Sanctuaries for research, monitoring, and education purposes. Such action may include consulting with Federal agencies, or other persons to promote use of one or more Sanctuaries for research, monitoring and education, including coordination with the National Estuarine Research Reserve System. Subpart E—Regulations of General Applicability top § 922.40 Purpose. top The purpose of the regulations in this Subpart and in Subparts F through R is to implement the designations of the thirteen National Marine Sanctuaries for which site specific regulations appear in Subparts F through R, respectively, by regulating activities affecting them, consistent with their respective terms of designation in order to protect, preserve and manage and thereby ensure the health, integrity and continued availability of the conservation, ecological, recreational, research, educational, historical and aesthetic resources and qualities of these areas. Additional purposes of the regulations implementing the designation of the Florida Keys and Hawaiian Islands Humpback Whale National Marine Sanctuaries are found at §§922.160, and 922.180, respectively. [65 FR 39055, June 22, 2000] § 922.41 Boundaries. top The boundary for each of the thirteen National Marine Sanctuaries covered by this part is described in Subparts F through R, respectively. [65 FR 39055, June 22, 2000] § 922.42 Allowed activities. top All activities (e.g., fishing, boating, diving, research, education) may be conducted unless prohibited or otherwise regulated in Subparts F through R, subject to any emergency regulations promulgated pursuant to §§922.44, 922.111(c), 922.165, 922.186, or 922.196, subject to all prohibitions, regulations, restrictions, and conditions validly imposed by any Federal, State, or local authority of competent jurisdiction, including Federal and State fishery management authorities, and subject to the provisions of section 312 of the National Marine Sanctuaries Act (NMSA), (16 U.S.C. 1431 et seq.). The Assistant Administrator may only directly regulate fishing activities pursuant to the procedure set forth in section 304(a)(5) of the NMSA. [65 FR 39055, June 22, 2000] § 922.43 Prohibited or otherwise regulated activities. top Subparts F through R set forth site-specific regulations applicable to the activities specified therein. [65 FR 39055, June 22, 2000] § 922.44 Emergency regulations. top Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all such activities are subject to immediate temporary regulation, including prohibition. The provisions of this section do not apply to the Cordell Bank, Florida Keys, Hawaiian Islands Humpback Whale, and Thunder Bay National Marine Sanctuaries. See §§922.111(c), 922.165, and 922.186, 922.196, respectively, for the authority to issue emergency regulations with respect to those sanctuaries. [65 FR 39055, June 22, 2000] § 922.45 Penalties. top (a) Each violation of the NMSA or FKNMSPA, any regulation in this part, or any permit issued pursuant thereto, is subject to a civil penalty of not more than $ 100,000. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing administrative proceedings for assessment of civil penalties, permit sanctions, and denials for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997] § 922.46 Response costs and damages. top Under section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury, and any vessel used to destroy, cause the loss of, or injure any Sanctuary resource is liable in rem to the United States for response costs and damages resulting from such destruction, loss or injury. § 922.47 Pre-existing authorizations or rights and certifications of pre-existing authorizations or rights. top (a) Leases, permits, licenses, or rights of subsistence use or access in existence on the date of designation of any National Marine Sanctuary shall not be terminated by the Director. The Director may, however, regulate the exercise of such leases, permits, licenses, or rights consistent with the purposes for which the Sanctuary was designated. (b) The prohibitions listed in Subparts F through P, and Subpart R do not apply to any activity authorized by a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, and issued by any Federal, State or local authority of competent jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, provided that the holder of such authorization or right complies with certification procedures and criteria promulgated at the time of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, and with any terms and conditions on the exercise of such authorization or right imposed by the Director as a condition of certification as the Director deems necessary to achieve the purposes for which the Sanctuary was designated. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39055, June 22, 2000] § 922.48 National Marine Sanctuary permits—application procedures and issuance criteria. top (a) A person may conduct an activity prohibited by Subparts F through O, if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and Subparts F through O, as appropriate. For the Florida Keys National Marine Sanctuary, a person may conduct an activity prohibited by Subpart P if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under §922.166. For the Thunder Bay National Marine Sanctuary and Underwater Preserve, a person may conduct an activity prohibited by Subpart R in accordance with the scope, purpose, terms and conditions of a permit issued under §922.195. (b) Applications for permits to conduct activities otherwise prohibited by Subparts F through O should be addressed to the Director and sent to the address specified in Subparts F through O, or Subpart R, as appropriate. An application must include: (1) A detailed description of the proposed activity including a timetable for completion; (2) The equipment, personnel and methodology to be employed; (3) The qualifications and experience of all personnel; (4) The potential effects of the activity, if any, on Sanctuary resources and qualities; and (5) Copies of all other required licenses, permits, approvals or other authorizations. (c) Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems necessary to act on the application and may seek the views of any persons or entity, within or outside the Federal government, and may hold a public hearing, as deemed appropriate. (d) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct a prohibited activity, in accordance with the criteria found in Subparts F through O, or Subpart R, as appropriate. The Director shall further impose, at a minimum, the conditions set forth in the relevant subpart. (e) A permit granted pursuant to this section is nontransferable. (f) The Director may amend, suspend, or revoke a permit issued pursuant to this section for good cause. The Director may deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms and conditions of a permit or of the regulations set forth in this section or Subparts F through O, Subpart R or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in subpart D of 15 CFR part 904. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 FR 39056, June 22, 2000] § 922.49 Notification and review of applications for leases, licenses, permits, approvals, or other authorizations to conduct a prohibited activity. top (a) A person may conduct an activity prohibited by Subparts L through P, or Subpart R, if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary after the effective date of the regulations in Subpart P, provided that: (1) The applicant notifies the Director, in writing, of the application for such authorization (and of any application for an amendment, renewal, or extension of such authorization) within fifteen (15) days of the date of filing of the application or the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, whichever is later; (2) The applicant complies with the other provisions of this §922.49; (3) The Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization (or amendment, renewal, or extension); and (4) The applicant complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary resources and qualities. (b) Any potential applicant for an authorization described in paragraph (a) of this section may request the Director to issue a finding as to whether the activity for which an application is intended to be made is prohibited by Subparts L through P, or Subpart R, as appropriate. (c) Notification of filings of applications should be sent to the Director, Office of Ocean and Coastal Resource Management at the address specified in Subparts L through P, or Subpart R, as appropriate. A copy of the application must accompany the notification. (d) The Director may request additional information from the applicant as he or she deems reasonably necessary to determine whether to object to issuance of an authorization described in paragraph (a) of this section, or what terms and conditions are reasonably necessary to protect Sanctuary resources and qualities. The information requested must be received by the Director within 45 days of the postmark date of the request. The Director may seek the views of any persons on the application. (e) The Director shall notify, in writing, the agency to which application has been made of his or her pending review of the application and possible objection to issuance. Upon completion of review of the application and information received with respect thereto, the Director shall notify both the agency and applicant, in writing, whether he or she has an objection to issuance and what terms and conditions he or she deems reasonably necessary to protect Sanctuary resources and qualities, and reasons therefor. (f) The Director may amend the terms and conditions deemed reasonably necessary to protect Sanctuary resources and qualities whenever additional information becomes available justifying such an amendment. (g) Any time limit prescribed in or established under this §922.49 may be extended by the Director for good cause. (h) The applicant may appeal any objection by, or terms or conditions imposed by, the Director to the Assistant Administrator or designee in accordance with the provisions of §922.50. [62 FR 4608, Jan. 30, 1997, as amended at 65 FR 39056, June 22, 2000] § 922.50 Appeals of administrative action. top (a)(1) Except for permit actions taken for enforcement reasons (see subpart D of 15 CFR part 904 for applicable procedures), an applicant for, or a holder of, a National Marine Sanctuary permit; an applicant for, or a holder of, a Special Use permit issued pursuant to section 310 of the Act; a person requesting certification of an existing lease, permit, license or right of subsistence use or access under §922.47; or, for those Sanctuaries described in Subparts L through P and Subpart R, an applicant for a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction (hereinafter appellant) may appeal to the Assistant Administrator: (i) The granting, denial, conditioning, amendment, suspension or revocation by the Director of a National Marine Sanctuary or Special Use permit; (ii) The conditioning, amendment, suspension or revocation of a certification under §922.47; or (iii) For those Sanctuaries described in Subparts L through P and Subpart R, the objection to issuance of or the imposition of terms and conditions on a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction. (2) For those National Marine Sanctuaries described in Subparts F through K, any interested person may also appeal the same actions described in §922.50(a)(1)(i) and (ii). For appeals arising from actions taken with respect to these National Marine Sanctuaries, the term “appellant” includes any such interested persons. (b) An appeal under paragraph (a) of this section must be in writing, state the action(s) by the Director appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice of the action by the Director. Appeals should be addressed to the Assistant Administrator for Ocean Services and Coastal Zone Management, NOAA 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910. (c)(1) The Assistant Administrator may request the appellant to submit such information as the Assistant Administrator deems necessary in order for him or her to decide the appeal. The information requested must be received by the Assistant Administrator within 45 days of the postmark date of the request. The Assistant Administrator may seek the views of any other persons. For the Monitor National Marine Sanctuary, if the appellant has requested a hearing, the Assistant Administrator shall grant an informal hearing. For all other National Marine Sanctuaries, the Assistant Administrator may determine whether to hold an informal hearing on the appeal. If the Assistant Administrator determines that an informal hearing should be held, the Assistant Administrator may designate an officer before whom the hearing shall be held. (2) The hearing officer shall give notice in the Federal Register of the time, place and subject matter of the hearing. The appellant and the Director may appear personally or by counsel at the hearing and submit such material and present such arguments as deemed appropriate by the hearing officer. Within 60 days after the record for the hearing closes, the hearing officer shall recommend a decision in writing to the Assistant Administrator. (d) The Assistant Administrator shall decide the appeal using the same regulatory criteria as for the initial decision and shall base the appeal decision on the record before the Director and any information submitted regarding the appeal, and, if a hearing has been held, on the record before the hearing officer and the hearing officer's recommended decision. The Assistant Administrator shall notify the appellant of the final decision and he reason(s) therefore in writing. The Assistant Administrator's decision shall constitute final agency action for the purpose of the Administrative Procedure Act. (e) Any time limit prescribed in or established under this section other than the 30-day limit for filing an appeal may be extended by the Assistant Administrator or hearing office for good cause. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4608, Jan. 30, 1997; 65 FR 39056, June 22, 2000; 65 FR 60097, Oct. 10, 2000] Subpart F—Monitor National Marine Sanctuary top § 922.60 Boundary. top The Monitor National Marine Sanctuary (Sanctuary) consists of a vertical water column in the Atlantic Ocean one mile in diameter extending from the surface to the seabed, the center of which is at 35°00'23" north latitude and 75°24'32" west longitude. § 922.61 Prohibited or otherwise regulated activities. top Except as may be permitted by the Director, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (a) Anchoring in any manner, stopping, remaining, or drifting without power at any time; (b) Any type of subsurface salvage or recovery operation; (c) Diving of any type, whether by an individual or by a submersible; (d) Lowering below the surface of the water any grappling, suction, conveyor, dredging or wrecking device; (e) Detonating below the surface of the water any explosive or explosive mechanism; (f) Drilling or coring the seabed; (g) Lowering, laying, positioning or raising any type of seabed cable or cable-laying device; (h) Trawling; or (i) Discharging waster material into the water in violation of any Federal statute or regulation. § 922.62 Permit procedure and criteria. top (a) Any person or entity may conduct in the Sanctuary any activity listed in §922.61 if such activity is either: (1) For the purpose of research related to the Monitor, or (2) Pertains to salvage or recovery operations in connection with an air or marine casualty and such person or entity is in possession of a valid permit issued by the Director authorizing the conduct of such activity; except that, no permit is required for the conduct of any activity immediately and urgently necessary for the protection of life, property or the environment. (b) Any person or entity who wishes to conduct in the Sanctuary an activity for which a permit is authorized by this section (hereafter a permitted activity) may apply in writing to the Director for a permit to conduct such activity citing this section as the basis for the application. Such application should be made to: Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Monitor National Marine Sanctuary, Building 1519, NOAA, Fort Eustis, VA 23604–5544. (c) In considering whether to grant a permit for the conduct of a permitted activity for the purpose of research related to the Monitor, the Secretary shall evaluate such matters as: (1) The general professional and financial responsibility of the applicant; (2) The appropriateness of the research method(s) envisioned to the purpose(s) of the research; (3) The extent to which the conduct of any permitted activity may diminish the value of the MONITOR as a source of historic, cultural, aesthetic and/or maritime information; (4) The end value of the research envisioned; and (5) Such other matters as the Director deems appropriate. (d) In considering whether to grant a permit for the conduct of a permitted activity in the Sanctuary in relation to an air or marine casualty, the Director shall consider such matters as: (1) The fitness of the applicant to do the work envisioned; (2) The necessity of conducting such activity; (3) The appropriateness of any activity envisioned to the purpose of the entry into the Sanctuary; (4) The extent to which the conduct of any such activity may diminish the value of the Monitor as a source of historic, cultural, aesthetic and/or maritime information; and (5) Such other matters as the Director deems appropriate. (e) In considering any application submitted pursuant to this section, the Director shall seek and consider the views of the Advisory Council on Historic Preservation. (f) The Director may observe any activity permitted by this section; and/or may require the submission of one or more reports of the status or progress of such activity. Subpart G—Channel Islands National Marine Sanctuary top § 922.70 Boundary. top The Channel Islands National Marine Sanctuary (Sanctuary) consists of an area of the waters off the coast of California of approximately 1252.5 square nautical miles (NM) adjacent to the following islands and offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (collectively the Islands) extending seaward to a distance of six NM. The boundary coordinates are listed in appendix A to this subpart. § 922.71 Prohibited or otherwise regulated activities. top (a) Except as may be necessary for the national defense (subject to the terms and conditions of Article 5, Section 2 of the Designation Document) or to respond to an emergency threatening life, property, or the environment, or except as may be permitted by the Director in accordance with §§922.48 and 922.72, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Exploring for, developing, and producing hydrocarbons except pursuant to leases executed prior to March 30, 1981, and except the laying of pipeline, if the following oil spill contingency equipment is available at the site of such operations: (i) 1500 feet of open ocean containment boom and a boat capable of deploying the boom; (ii) One oil skimming device capable of open ocean use; and (iii) Fifteen bales of oil sorbent material, and subject to all prohibitions, restrictions and conditions imposed by applicable regulations, permits, licenses or other authorizations and consistency reviews including those issued by the Department of the Interior, the Coast Guard, the Corps of Engineers, the Environmental Protection Agency and under the California Coastal Management Program and its implementing regulations. (2) Discharging or depositing any material or other matter except: (i) Fish or fish parts and chumming materials (bait); (ii) Water (including cooling water) and other biodegradable effluents incidental to vessel use of the Sanctuary generated by: (A) Marine sanitation devices; (B) Routine vessel maintenance, e.g., deck wash down; (C) Engine exhaust; or (D) Meals on board vessels; (iii) Effluents incidental to hydrocarbon exploration and exploitation activities allowed by paragraph (a)(1) of this section. (3) Except in connection with the laying of any pipeline as allowed by paragraph (a)(1) of this section, within 2 NM of any Island: (i) Constructing any structure other than a navigation aid, (ii) Drilling through the seabed, or (iii) Dredging or otherwise altering the seabed in any way, other than (A) To anchor vessels, or (B) To bottom trawl from a commercial fishing vessel. (4) Except to transport persons or supplies to or from an Island, operating within one NM of an Island any vessel engaged in the trade of carrying cargo, including, but not limited to, tankers and other bulk carriers and barges, or any vessel engaged in the trade of servicing offshore installations. In no event shall this section be construed to limit access for fishing (including kelp harvesting), recreational, or research vessels. (5) Disturbing seabirds or marine mammals by flying motorized aircraft at less than 1000 feet over the waters within one NM of any Island except: (i) For enforcement purposes; (ii) To engage in kelp bed surveys; or (iii) To transport persons or supplies to or from an Island. (6) Removing or damaging any historical or cultural resource. (b) All activities currently carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions in this section. The exemption of additional activities having significant impact shall be determined in consultation between the Director and the Department of Defense. § 922.72 Permit procedures and criteria. top (a) Any person in possession of a valid permit issued by the Director in accordance with this section and §922.48 may conduct any activity in the Sanctuary prohibited under §922.71 if such activity is either: (1) Research related to the resources of the Sanctuary, (2) To further the educational value of the Sanctuary; or (3) For salvage or recovery operations. (b) Permit applications shall be addressed to: Director, Office of Ocean and Coastal Resource Management, ATTN: Manager, Channel Islands National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109. (c) In considering whether to grant a permit the Director shall evaluate such matters as: (1) The general professional, and financial responsibility of the applicant; (2) The appropriateness of the methods envisioned to the purpose(s) of the activity; (3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the Sanctuary as a source of recreation, or as a source of educational or scientific information; (4) The end value of the activity and (5) Such other matters as may be deemed appropriate. (d) The Director may observe any permitted activity and/or require the submission of one or more reports of the status or progress of such activity. Any information obtained shall be available to the public. Appendix A to Subpart G of Part 922—Channel Islands National Marine Sanctuary Boundary Coordinates top ---------------------------------------------------------------------------------------------------------------- Point No. Latitude north Longitude west ---------------------------------------------------------------------------------------------------------------- Northern Channel Islands Section ---------------------------------------------------------------------------------------------------------------- 01....................................... 33°56[min]28.959[sec] 119°16[min]23.800[sec] 02....................................... 33°58[min]03.919[sec] 119°14[min]56.964[sec] 03....................................... 34°01[min]33.846[sec] 119°14[min]07.740[sec] 04....................................... 34°04[min]24.203[sec] 119°15[min]21.308[sec] 05....................................... 34°06[min]06.653[sec] 119°17[min]27.002[sec] 06....................................... 34°06[min]54.809[sec] 119°19[min]46.046[sec] 07....................................... 34°06[min]57.988[sec] 119°23[min]24.905[sec] 08....................................... 34°06[min]51.627[sec] 119°24[min]04.198[sec] 09....................................... 34°07[min]01.640[sec] 119°25[min]40.819[sec][min] 10....................................... 34°06[min]59.904[sec] 119°26[min]50.959[sec] 11....................................... 34°08[min]02.002[sec] 119°28[min]47.501[sec] 12....................................... 34°08[min]17.693[sec] 119°29[min]27.698[sec] 13....................................... 34°08[min]52.234[sec] 119°30[min]39.562[sec] 14....................................... 34°09[min]16.780[sec] 119°35[min]22.667[sec] 15....................................... 34°09[min]05.106[sec] 119°36[min]41.694[sec] 16....................................... 34°08[min]02.782[sec] 119°39[min]33.421[sec] 17....................................... 34°08[min]46.870[sec] 119°41[min]48.621[sec] 18....................................... 34°09[min]35.563[sec] 119°45[min]57.284[sec] 19....................................... 34°09[min]32.627[sec] 119°46[min]37.335[sec] 20....................................... 34°09[min]33.396[sec] 119°47[min]32.285[sec] 21....................................... 34°09[min]43.668[sec] 119°48[min]09.018[sec] 22....................................... 34°10[min]10.616[sec] 119°50[min]07.659[sec] 23....................................... 34°10[min]21.586[sec] 119°51[min]05.146[sec] 24....................................... 34°10[min]33.161[sec] 119°53[min]17.044[sec] 25....................................... 34°10[min]36.545[sec] 119°55[min]57.373[sec] 26....................................... 34°10[min]21.283[sec] 119°57[min]26.403[sec] 27....................................... 34°08[min]07.255[sec] 120°01[min]07.233[sec] 28....................................... 34°08[min]13.144[sec] 120°02[min]27.930[sec] 29....................................... 34°07[min]47.772[sec] 120°05[min]05.449[sec] 30....................................... 34°07[min]29.314[sec] 120°06[min]36.262[sec] 31....................................... 34°07[min]30.691[sec] 120°09[min]35.238[sec] 32....................................... 34°06[min]36.285[sec] 120°12[min]39.335[sec] 33....................................... 34°06[min]40.634[sec] 120°13[min]33.940[sec] 34....................................... 34°08[min]10.759[sec] 120°15[min]07.017[sec] 35....................................... 34°09[min]12.290[sec] 120°17[min]07.046[sec] 35A...................................... 34°09[min]50.706[sec] 120°17[min]31.649[sec] 36....................................... 34°10[min]56.346[sec] 120°18[min]40.520[sec] 36B...................................... 34°11[min]28.249[sec] 120°19[min]29.213[sec] 37....................................... 34°12[min]08.078[sec] 120°21[min]00.835[sec] 37C...................................... 34°12[min]25.468[sec] 120°25[min]01.261[sec] 38....................................... 34°12[min]18.754[sec] 120°25[min]39.373[sec] 38D...................................... 34°11[min]33.184[sec] 120°27[min]33.921[sec] 39....................................... 34°12[min]19.470[sec] 120°30[min]22.620[sec] 39E...................................... 34°12[min]17.540[sec] 120°32[min]19.959[sec] 40....................................... 34°10[min]54.592[sec] 120°35[min]57.887[sec] 40F...................................... 34°06[min]07.491[sec] 120°38[min]27.883[sec] 41....................................... 34°04[min]53.454[sec] 120°38[min]16.602[sec] 41G...................................... 34°03[min]30.539[sec] 120°37[min]39.442[sec] 42....................................... 34°01[min]09.860[sec] 120°35[min]04.808[sec] 42H...................................... 34°00[min]48.573[sec] 120°34[min]25.106[sec] 43....................................... 33°59[min]13.122[sec] 120°33[min]53.385[sec] 44....................................... 33°57[min]01.427[sec] 120°31[min]54.590[sec] 45....................................... 33°55[min]36.973[sec] 120°27[min]37.188[sec] 46....................................... 33°55[min]30.037[sec] 120°25[min]14.587[sec] 47....................................... 33°54[min]50.522[sec] 120°22[min]29.536[sec] 48....................................... 33°55[min]01.640[sec] 120°19[min]26.722[sec] 49....................................... 33°54[min]34.409[sec] 120°18[min]27.344[sec] 50....................................... 33°53[min]23.129[sec] 120°17[min]39.927[sec] 51....................................... 33°50[min]39.990[sec] 120°15[min]13.874[sec] 52....................................... 33°49[min]53.260[sec] 120°13[min]41.904[sec] 53....................................... 33°49[min]03.437[sec] 120°12[min]06.750[sec] 54....................................... 33°48[min]36.087[sec] 120°11[min]10.821[sec] 55....................................... 33°47[min]39.280[sec] 120°07[min]59.707[sec] 56....................................... 33°47[min]37.617[sec] 120°06[min]04.002[sec] 57....................................... 33°47[min]59.351[sec] 120°04[min]08.370[sec] 58....................................... 33°48[min]38.700[sec] 120°02[min]33.188[sec] 59....................................... 33°48[min]52.167[sec] 120°01[min]50.244[sec] 60....................................... 33°50[min]28.486[sec] 119°57[min]50.820[sec] 61....................................... 33°50[min]55.128[sec] 119°55[min]19.934[sec] 62....................................... 33°52[min]13.338[sec] 119°52[min]53.439[sec] 63....................................... 33°52[min]04.900[sec] 119°52[min]10.719[sec] 64....................................... 33°51[min]39.919[sec] 119°47[min]21.152[sec] 65....................................... 33°51[min]48.592[sec] 119°46[min]13.213[sec] 66....................................... 33°51[min]35.798[sec] 119°44[min]34.589[sec] 67....................................... 33°51[min]44.374[sec] 119°41[min]12.738[sec] 68....................................... 33°52[min]23.857[sec] 119°39[min]14.708[sec] 69....................................... 33°53[min]09.365[sec] 119°37[min]30.784[sec] 70....................................... 33°53[min]12.754[sec] 119°35[min]35.793[sec] 71....................................... 33°53[min]17.114[sec] 119°34[min]54.567[sec] 72....................................... 33°53[min]38.865[sec] 119°32[min]51.578[sec] 73....................................... 33°54[min]02.277[sec] 119°31[min]06.274[sec] 74....................................... 33°54[min]56.444[sec] 119°28[min]54.052[sec] 75....................................... 33°54[min]39.349[sec] 119°27[min]37.512[sec] 76....................................... 33°54[min]15.236[sec] 119°25[min]23.779[sec] 77....................................... 33°54[min]07.847[sec] 119°24[min]22.849[sec] 78....................................... 33°54[min]04.682[sec] 119°22[min]58.006[sec] 79....................................... 33°54[min]14.311[sec] 119°21[min]44.573[sec] 80....................................... 33°54[min]22.824[sec] 119°21[min]09.003[sec] 81....................................... 33°54[min]46.904[sec] 119°19[min]54.677[sec] 82....................................... 33°55[min]05.834[sec] 119°19[min]16.027[sec] Santa Barbara Island Section ---------------------------------------------------------------------------------------------------------------- 83....................................... 33°28[min]56.904[sec] 119°10[min]04.092[sec] 84....................................... 33°26[min]32.364[sec] 119°10[min]01.328[sec] 85....................................... 33°24[min]19.904[sec] 119°08[min]52.236[sec] 86....................................... 33°23[min]26.019[sec] 119°07[min]54.826[sec] 87....................................... 33°22[min]04.836[sec] 119°05[min]16.716[sec] 88....................................... 33°21[min]49.387[sec] 119°04[min]01.551[sec] 89....................................... 33°21[min]44.594[sec] 119°02[min]49.887[sec] 90....................................... 33°21[min]49.556[sec] 119°01[min]37.839[sec] 91....................................... 33°22[min]07.538[sec] 118°59[min]49.357[sec] 92....................................... 33°22[min]27.774[sec] 118°58[min]51.623[sec] 93....................................... 33°22[min]47.957[sec] 118°58[min]07.633[sec] 94....................................... 33°23[min]20.805[sec] 118°57[min]14.375[sec] 95....................................... 33°24[min]18.458[sec] 118°56[min]08.450[sec] 96....................................... 33°26[min]24.130[sec] 118°54[min]51.352[sec] 97....................................... 33°29[min]02.820[sec] 118°54[min]22.276[sec] 98....................................... 33°31[min]27.917[sec] 118°54[min]50.367[sec] 99....................................... 33°32[min]17.935[sec] 118°55[min]18.396[sec] 100...................................... 33°35[min]10.090[sec] 118°59[min]40.091[sec] 101...................................... 33°35[min]24.575[sec] 119°01[min]22.108[sec] 102...................................... 33°35[min]06.497[sec] 119°03[min]59.463[sec] 103...................................... 33°34[min]48.322[sec] 119°05[min]03.374[sec] 104...................................... 33°32[min]37.151[sec] 119°08[min]37.201[sec] 105...................................... 33°30[min]41.731[sec] 119°09[min]45.845[sec] ---------------------------------------------------------------------------------------------------------------- Subpart H—Gulf of the Farallones National Marine Sanctuary top § 922.80 Boundary. top (a) The Gulf of the Farallones National Marine Sanctuary (Sanctuary) consists of an area of the waters adjacent to the coast of California north and south of the Point Reyes Headlands, between Bodega Head and Rocky Point and the Farallon Islands (including Noonday Rock), and includes approximately 948 square nautical miles (NM). The boundary coordinates are listed in Appendix A to this subpart. (b) The shoreward boundary follows the mean high tide line and the seaward limit of Point Reyes National Seashore. Between Bodega Head and Point Reyes Headlands, the Sanctuary extends seaward 3 NM beyond State waters. The Sanctuary also includes the waters within 12 NM of the Farallon Islands, and between the Islands and the mainland from Point Reyes Headlands to Rocky Point. The Sanctuary includes Bodega Bay, but not Bodega Harbor. § 922.81 Definitions. top In addition to those definitions found at §922.3, the following definition applies to this subpart: Areas of Special Biological Significance (ASBS) means those areas established by the State of California prior to the designation of the Sanctuary except that for purposes of the regulations in this subpart, the area established around the Farallon Islands shall not be included. Motorized personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. [60 FR 66877, Dec. 27, 1995, as amended at 66 FR 46951, Sept. 10, 2001] § 922.82 Prohibited or otherwise regulated activities. top (a) Except as may be necessary for national defense (subject to the terms and conditions of Article 5, Section 2 of the Designation Document) or to respond to an emergency threatening life, property or the environment, or except as may be permitted by the Director in accordance with §922.48 and §922.83, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Exploring for, developing and producing oil or gas except that pipelines related to hydrocarbon operations outside the Sanctuary may be placed at a distance greater than 2 NM from the Farallon Islands, Bolinas Lagoon, and ASBS where certified to have no significant effect on Sanctuary resources in accordance with §922.84. (2) Discharging or depositing any material or other matter except: (i) Fish or fish parts and chumming materials (bait). (ii) Water (including cooling water) and other biodegradable effluents incidental to vessel use of the Sanctuary generated by: (A) Marine sanitation devices; (B) Routine vessel maintenance, e.g., deck wash down; (C) Engine exhaust; or (D) Meals on board vessels. (iii) Dredge material disposed of at the interim dumpsite now established approximately 10 NM south of the southeast Farallon Island and municipal sewage provided such discharges are certified in accordance with §922.84. (3) Except in connection with the laying of pipelines or construction of an outfall if certified in accordance with §922.84: (i) Constructing any structure other than a navigation aid, (ii) Drilling through the seabed, and (iii) Dredging or otherwise altering the seabed in any way other than by anchoring vessels or bottom trawling from a commercial fishing vessel, except for routine maintenance and navigation, ecological maintenance, mariculture, and the construction of docks and piers in Tomales Bay. (4) Except to transport persons or supplies to or from islands or mainland areas adjacent to Sanctuary waters, within an area extending 2 NM from the Farallon Islands, Bolinas Lagoon, or any ASBS, operating any vessel engaged in the trade of carrying cargo, including but not limited to tankers and other bulk carriers and barges, or any vessel engaged in the trade of servicing offshore installations. In no event shall this section be construed to limit access for fishing, recreational or research vessels. (5) Disturbing seabirds or marine mammals by flying motorized aircraft at less than 1000 feet over the waters within one NM of the Farallon Islands, Bolinas Lagoon, or any ASBS except to transport persons or supplies to or from the Islands or for enforcement purposes. (6) Removing or damaging any historical or cultural resource. (7) Operation of motorized personal watercraft, except for the operation of motorized personal watercraft for emergency search and rescue mission or law enforcement operations (other than routine training activities) carried out by National Park Service, U.S. Coast Guard, Fire or Police Departments or other Federal, State or local jurisdictions. (b) All activities currently carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions in this section. The exemption of additional activities having significant impacts shall be determined in consultation between the Director and the Department of Defense. [60 FR 66877, Dec. 27, 1995, as amended at 66 FR 46951, Sept. 10, 2001] § 922.83 Permit procedures and criteria. top (a) Any person in possession of a valid permit issued by the Director in accordance with this section and §922.48 may conduct any activity in the Sanctuary, prohibited user §922.82, if such an activity is (1) Research related to the resources of the Sanctuary, (2) To further the educational value of the Sanctuary, or (3) For salvage or recovery operations. (b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource Management, ATTN: Manager, Gulf of the Farallones National Marine Sanctuary, Fort Mason, building #201, San Francisco, CA 94123. (c) In considering whether to grant a permit, the Director shall evaluate (1) The general professional and financial responsibility of the applicant, (2) The appropriateness of the methods envisioned to the purpose(s) of the activity, (3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the Sanctuary, (4) The end value of the activity, and (5) Other matters as deemed appropriate. (d) The Director may observe any permitted activity and/or require the submission of one or more reports of the status or progress of such activity. Any information obtained will be made available to the public. § 922.84 Certification of other permits. top (a) A permit, license, or other authorization allowing the discharge of municipal sewage, the laying of any pipeline outside 2 NM from the Farallon Islands, Bolinas Lagoon and ASBS, or the disposal of dredge material at the interim dumpsite now established approximately 10 NM south of the Southeast Farallon Island prior to the selection of a permanent dumpsite shall be valid if certified by the Director as consistent with the purpose of the Sanctuary and having no significant effect on Sanctuary resources. Such certification may impose terms and conditions as deemed appropriate to ensure consistency. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) Any certification called for in this section shall be presumed unless the Director acts to deny or condition certification within 60 days from the date that the Director receives notice of the proposed permit and the necessary supporting data. (d) The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would violate any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit and the issuing agency and shall set forth reason(s) for the action taken. Appendix A to Subpart H of Part 922—Gulf of the Farallones National Marine Sanctuary Boundary Coordinates top ---------------------------------------------------------------------------------------------------------------- Point No. Latitude north Longitude west ---------------------------------------------------------------------------------------------------------------- 1........................................ 38°15[min]50.349[sec] 123°10[min]48.933[sec] 2........................................ 38°12[min]36.338[sec] 123°07[min]04.846[sec] 3........................................ 38°09[min]57.033[sec] 123°05[min]27.435[sec] 4........................................ 38°08[min]26.872[sec] 123°04[min]52.524[sec] 5........................................ 38°07[min]42.125[sec] 123°05[min]10.714[sec] 6........................................ 38°06[min]08.017[sec] 123°05[min]48.920[sec] 7........................................ 38°05[min]26.765[sec] 123°06[min]09.922[sec] 8........................................ 38°04[min]44.587[sec] 123°06[min]29.251[sec] 9........................................ 38°03[min]54.439[sec] 123°06[min]57.591[sec] 10....................................... 38°03[min]07.527[sec] 123°07[min]37.755[sec] 11....................................... 37°59[min]32.425[sec] 123°08[min]24.905[sec] 12....................................... 37°59[min]22.344[sec] 123°14[min]06.127[sec] 13....................................... 37°57[min]31.931[sec] 123°19[min]19.187[sec] 14....................................... 37°54[min]16.943[sec] 123°23[min]18.456[sec] 15....................................... 37°50[min]05.522[sec] 123°25[min]28.791[sec] 16....................................... 37°45[min]33.799[sec] 123°25[min]32.666[sec] 17....................................... 37°41[min]20.351[sec] 123°23[min]29.811[sec] 18....................................... 37°38[min]01.053[sec] 123°19[min]37.445[sec] 19....................................... 37°36[min]04.665[sec] 123°14[min]30.483[sec] 20....................................... 37°35[min]30.191[sec] 123°13[min]31.060[sec] 21....................................... 37°33[min]47.197[sec] 123°11[min]50.904[sec] 22....................................... 37°31[min]12.270[sec] 123°07[min]39.618[sec] 23....................................... 37°30[min]29.706[sec] 123°05[min]42.221[sec] 24....................................... 37°29[min]39.287[sec] 123°00[min]23.711[sec] 25....................................... 37°30[min]34.337[sec] 122°54[min]18.139[sec] 26....................................... 37°31[min]47.784[sec] 122°51[min]31.592[sec] 27....................................... 37°34[min]17.533[sec] 122°48[min]10.415[sec] 28....................................... 37°36[min]58.627[sec] 122°46[min]05.779[sec] 29....................................... 37°39[min]59.303[sec] 122°44[min]59.838[sec] 30....................................... 37°52[min]56.355[sec] 122°37[min]35.195[sec] ---------------------------------------------------------------------------------------------------------------- Subpart I—Gray's Reef National Marine Sanctuary top § 922.90 Boundary. top The Gray's Reef National Marine Sanctuary (Sanctuary) consists of 16.68 square nautical miles (NM) of high sea waters off the coast of Georgia. The Sanctuary boundary includes all waters within a rectangle starting at coordinate 31°21'45"N, 80°55'17"W, commencing to coordinate 31°25'15"N, 80°55'17"W, thence to coordinate 31°25'15"N, 80°49'42"W, thence to coordinate 31°21'45"N, 80°49'42"W, thence back to the point of origin. § 922.91 Prohibited or otherwise regulated activities. top (a) Except as may be necessary for national defense (subject to the terms and conditions of Article 5, Section 2 of the Designation Document) or to respond to an emergency threatening life, property, or the environment, or except as may be permitted by the Director in accordance with §922.48 and §922.92, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Dredging, drilling, or otherwise altering the seabed in any way nor constructing any structure other than a navigation aid. (2) Discharging or depositing any material or other matter except: (i) Fish or parts, bait, and chumming materials; (ii) Effluent from marine sanitation devices; and (iii) Vessel cooling waters. (3) Operating a watercraft other than in accordance with the Federal rules and regulations that would apply if there were no Sanctuary. (4) Using, placing, or possessing wire fish traps. (5) Using a bottom trawl, specimen dredge, or similar vessel-towed bottom sampling device. (6)(i)(A) Breaking, cutting, or similarly damaging, taking, or removing any bottom formation, marine invertebrate, or marine plant. (B) Taking any tropical fish. (C) Using poisons, electric charges, explosives, or similar methods to take any marine animal not otherwise prohibited to be taken. (ii) There shall be a rebuttable presumption that any bottom formation, marine invertebrate, tropical fish, marine plant, or marine animal found in the possession of a person within the Sanctuary have been collected within or removed from the Sanctuary. (7) Tampering with, damaging, or removing any historic or cultural resources. (b) All activities currently carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions in this section. The exemption of additional activities having significant impacts shall be determined in consultation between the Director and the Department of Defense. § 922.92 Permit procedures and criteria. top (a) Any person in possession of a valid permit issued by the Director in accordance with this section and §922.48 may conduct the specific activity in the Sanctuary including any activity specifically prohibited under §922.91, if such activity is (1) Research related to the resources of the Sanctuary, (2) To further the educational value of the Sanctuary, or (3) For salvage or recovery operations. (b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource Management, ATTN: Manager, Gray's Reef National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411. (c) In considering whether to grant a permit, the Director shall evaluate (1) The general professional and financial responsibility of the applicant, (2) The appropriateness of the methods envisioned to the purpose(s) of the activity, (3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the Sanctuary, (4) The end value of the activity, and (5) Other matters as deemed appropriate. (d) The Director may observe any permitted activity and/or require the submission of one or more reports of the status or progress of such activity. Any information obtained will be made available to the public. Subpart J—Fagatele Bay National Marine Sanctuary top § 922.100 Scope of regulations. top The provisions of this subpart J apply only to the area of the Territory of American Samoa within the boundary of the Fagatele Bay National Marine Sanctuary (Sanctuary). Neither the provisions of this subpart J nor any permit issued under their authority shall be construed to relieve a person from any other requirements imposed by statute or regulation of the Territory of American Samoa or of the United States. In addition, no statute or regulation of the Territory of American Samoa shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this subpart J. § 922.101 Boundary. top The Sanctuary is a 163-acre (0.25 sq. mi.) coastal embayment formed by a collapsed volcanic crater on the island of Tutuila, Territory of American Samoa and includes Fagatele Bay in its entirety. The landward boundary is defined by the mean high high water (MHHW) line between Fagatele Point (14°22'15" S, 170°46'5" W) and Steps Point (14°22'44" S, 170°45'27" W). The seaward boundary of the Sanctuary is defined by a straight line between Fagatele Point and Steps Point. § 922.102 Prohibited or otherwise regulated activities. top (a) Except as may be necessary for national defense or to respond to an emergency threatening life, property, or the environment, or as may be permitted by the Director in accordance with §922.48 and §922.104, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1)(i)(A) Gathering, taking, breaking, cutting, damaging, destroying, or possessing any invertebrate, coral, bottom formation, or marine plant. (B) Taking, gathering, cutting, damaging, destroying, or possessing any crown-of-thorns starfish (Acanthaster planci). (C) Possessing or using poisons, electrical charges, explosives, or similar environmentally destructive methods. (D) Possessing or using spearguns, including such devices known as Hawaiian slings, pole spears, arbalettes, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar taking device. (E) Possessing or using a seine, trammel net, or any type of fixed net. (ii) There shall be a rebuttable presumption that any items listed in this paragraph (a)(1) found in the possession of a person within the Sanctuary have been used, collected, or removed within or from the Sanctuary. (2)(i) Operating a vessel closer than 200 feet (60.96 meters) from another vessel displaying a dive flag at a speed exceeding three knots. (ii) Operating a vessel in a manner which causes the vessel to strike or otherwise cause damage to the natural features of the Sanctuary. (3) Diving or conducting diving operations from a vessel not flying in a conspicuous manner the international code flag alpha “A.” (4) Littering, depositing, or discharging, into the waters of the Sanctuary, any material or other matter. (5) Disturbing the benthic community by dredging, filling, dynamiting, bottom trawling, or otherwise altering the seabed. (6) Removing, damaging, or tampering with any historical or cultural resource within the boundary of the Sanctuary. (7) Ensnaring, entrapping, or fishing for any sea turtle listed as a threatened or endangered species under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. (8) Except for law enforcement purposes, using or discharging explosives or weapons of any description. Distress signaling devices, necessary and proper for safe vessel operation, and knives generally used by fishermen and swimmers shall not be considered weapons for purposes of this section. (9) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, or other boundary markers related to the Sanctuary. (b) In addition to those activities prohibited or otherwise regulated under paragraph (a) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted landward of the straight line connecting Fagatele Point (14°22'15" S, 170°46'5" W) and Matautuloa Benchmark (14°22'18" S, 170°45'35" W). (1) Possessing or using fishing poles, handlines, or trawls. (2) Fishing commercially. § 922.103 Management and enforcement. top The National Oceanic and Atmospheric Administration (NOAA) has primary responsibility for the management of the Sanctuary pursuant to the Act. The American Samoa Economic and Development Planning Office (EDPO) will assist NOAA in the administration of the Sanctuary, and act as the lead agency, in conformance with the Designation Document, these regulations, and the terms and provisions of any grant or cooperative agreement. NOAA may act to deputize enforcement agents of the American Samoa Government (ASG) to enforce the regulations in this subpart in accordance with existing law. If NOAA chooses to exercise this provision, a memorandum of understanding shall be executed between NOAA and the ASG or the person(s) or entity authorized to act on their behalf. § 922.104 Permit procedures and criteria. top (a) Any person in possession of a valid permit issued by the Director, in consultation with the EDPO, in accordance with this section and §922.48, may conduct an activity otherwise prohibited by §922.102 in the Sanctuary if such activity is judged not to cause long-term or irreparable harm to the resources of the Sanctuary, and is: (1) Related to research involving Sanctuary resources designed to enhance understanding of the Sanctuary environment or to improve resource management decisionmaking; (2) Intended to further the educational value of the Sanctuary and thereby enhance understanding of the Sanctuary environmental or improve resource management decisionmaking; or (3) For salvage or recovery operations. (b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuary Coordinator, Fagatele Bay National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 96799. (c) In considering whether to grant a permit, the Director shall evaluate such matters as: (1) The general professional and financial responsibility of the applicant; (2) The appropriateness of the methods being proposed for the purpose(s) of the activity; (3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the Sanctuary as a source of recreation, education, or scientific information; and (4) The end value of the activity. (d) In addition to meeting the criteria in this section and §922.48, the applicant also must demonstrate to the Director that: (1) The activity shall be conducted with adequate safeguards for the environment; and (2) The environment shall be returned to, or will regenerate to, the condition which existed before the activity occurred. (e) The Director may, at his or her discretion, grant a permit which has been applied for pursuant to this section, in whole or in part, and subject the permit to such condition(s) as he or she deems necessary. A permit granted for research related to the Sanctuary may include, but is not limited to, the following conditions: (1) The Director may observe any activity permitted by this section; (2) any information obtained in the research site shall be made available to the public; and (3) The submission of one or more reports of the status of such research activity may be required. Subpart K—Cordell Bank National Marine Sanctuary top § 922.110 Boundary top The Cordell Bank National Marine Sanctuary (Sanctuary) consists of a 397.05 square nautical mile (NM) area of marine waters approximately 50 miles west-northwest of San Francisco, California extending at 180° from the northernmost boundary of the Gulf of the Farallones National Marine Sanctuary (GFNMS) to the 1,000 fathom isobath northwest of the Bank, then south along this isobath to the GFNMS boundary and back to the northwest along this boundary to the beginning point. The boundary coordinates are listed in appendix A to this subpart. § 922.111 Prohibited or otherwise regulated activities. top (a) Except as necessary for national defense or to respond to an emergency threatening life, property or the environment, or except as permitted in accordance with §§922.48 and 922.112 or certified in accordance with §922.47, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1)(i) Depositing or discharging, from any location within the boundary of the Sanctuary, material or other matter of any kind except: (A) Fish, fish parts, chumming materials (bait) produced and discarded during routine fishing activities conducted in the Sanctuary; and (B) Water (including cooling water) and other biodegradable effluents incidental to use of a vessel in the Sanctuary and generated by: Marine sanitation devices approved by the United States Coast Guard; routine vessel maintenance, e.g., deck wash down; engine exhaust; or meals on board vessels. (ii) Depositing or discharging, from any location beyond the boundaries of the Sanctuary, material or other matter of any kind, except for the exclusions listed in paragraph (a)(1)(i) of this section, which enter the Sanctuary and injure a Sanctuary resource. (2) Removing, taking, or injuring or attempting to remove, take, or injure benthic invertebrates or algae located on Cordell Bank or within the 50 fathom isobath surrounding the Bank. There is a rebuttable presumption that any such resource found in the possession of a person within the Sanctuary was taken or removed by that person. This prohibition does not apply to accidental removal, injury, or takings during normal fishing operations. (3) Exploring for, or developing or producing, oil, gas, or minerals in any area of the Sanctuary. (b) All activities being carried out by the Department of Defense (DOD) within the Sanctuary on the effective date of designation that are necessary for national defense are exempt from the prohibitions contained in the regulations in this subpart. Additional DOD activities initiated after the effective date of designation that are necessary for national defense will be exempted by the Director after consultation between the Department of Commerce and DOD. DOD activities not necessary for national defense, such as routine exercises and vessel operations, are subject to all prohibitions contained in the regulations in this subpart. (c) Where necessary to prevent immediate, serious, and irreversible damage to a Sanctuary resource, any activity may be regulated within the limits of the Act on an emergency basis for no more than 120 days. § 922.112 Permit procedures and criteria. top (a) If a person wishes to conduct an activity prohibited under §922.111, that person must apply for, receive, and have in possession on board any vessel used a valid permit issued pursuant to this section and §922.48 authorizing that person to conduct that activity. (b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Cordell Bank National Marine Sanctuary, Fort Mason, Building #201, San Francisco, CA 94123. (c) The Director, at his or her discretion, may issue a permit subject to such terms and conditions as deemed appropriate, to conduct an activity otherwise prohibited by §922.111, if the Director finds that the activity will further research related to Sanctuary resources; further the educational or historical value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; or assist in the management of the Sanctuary. In deciding whether to issue a permit, the Director may consider such factors as the professional qualifications and financial ability of the applicant as related to the proposed activity; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance the values for which the Sanctuary was designated; and the end value of the applicant's overall activity. Appendix A to Subpart K of Part 922—Cordell Bank National Marine Sanctuary Boundary Coordinates top ------------------------------------------------------------------------ Point No. Latitude Longitude ------------------------------------------------------------------------ 1........................... 38°15[min]51.72[ 123°10[min]52.44 sec] [sec] 2........................... 38°07[min]55.88[ 123°38[min]33.53 sec] [sec] 3........................... 38°06[min]45.21[ 123°38[min]00.40 sec] [sec] 4........................... 38°04[min]58.41[ 123°37[min]14.34 sec] [sec] 5........................... 38°04[min]28.22[ 123°37[min]17.83 sec] [sec] 6........................... 38°03[min]42.75[ 123°36[min]55.66 sec] [sec] 7........................... 38°03[min]11.10[ 123°36[min]19.78 sec] [sec] 8........................... 38°02[min]46.12[ 123°36[min]21.98 sec] [sec] 9........................... 38°02[min]02.74[ 123°35[min]56.56 sec] [sec] 10.......................... 38°01[min]27.10[ 123°35[min]55.12 sec] [sec] 11.......................... 38°01[min]22.28[ 123°36[min]55.13 sec] [sec] 12.......................... 38°01[min]11.54[ 123°37[min]28.21 sec] [sec] 13.......................... 38°00[min]49.16[ 123°37[min]29.77 sec] [sec] 14.......................... 37°59[min]54.49[ 123°36[min]47.90 sec] [sec] 15.......................... 37°59[min]12.39[ 123°35[min]59.55 sec] [sec] 16.......................... 37°58[min]39.40[ 123°35[min]14.85 sec] [sec] 17.......................... 37°58[min]00.57[ 123°34[min]42.93 sec] [sec] 18.......................... 37°57[min]18.99[ 123°33[min]43.15 sec] [sec] 19.......................... 37°56[min]56.42[ 123°32[min]51.97 sec] [sec] 20.......................... 37°56[min]18.90[ 123°32[min]49.24 sec] [sec] 21.......................... 37°55[min]22.37[ 123°32[min]36.96 sec] [sec] 22.......................... 37°54[min]26.10[ 123°32[min]21.73 sec] [sec] 23.......................... 37°53[min]07.46[ 123°31[min]46.81 sec] [sec] 24.......................... 37°52[min]34.93[ 123°31[min]18.90 sec] [sec] 25.......................... 37°51[min]42.81[ 123°31[min]19.10 sec] [sec] 26.......................... 37°50[min]59.58[ 123°31[min]02.96 sec] [sec] 27.......................... 37°49[min]22.64[ 123°29[min]34.07 sec] [sec] 28.......................... 37°48[min]49.14[ 123°28[min]44.61 sec] [sec] 29.......................... 37°48[min]36.95[ 123°28[min]08.29 sec] [sec] 30.......................... 37°48[min]03.37[ 123°28[min]23.27 sec] [sec] 31.......................... 37°47[min]41.54[ 123°28[min]01.97 sec] [sec] 32.......................... 37°47[min]01.78[ 123°27[min]16.78 sec] [sec] 33.......................... 37°46[min]51.92[ 123°26[min]48.98 sec] [sec] 34.......................... 37°46[min]13.20[ 123°26[min]04.79 sec] [sec] 35.......................... 37°46[min]00.73[ 123°25[min]36.99 sec] [sec] 36.......................... 37°50[min]25.31[ 123°25[min]26.53 sec] [sec] 37.......................... 37°54[min]32.28[ 123°23[min]16.49 sec] [sec] 38.......................... 37°57[min]45.71[ 123°19[min]17.72 sec] [sec] 39.......................... 37°59[min]29.27[ 123°14[min]12.16 sec] [sec] 40.......................... 37°59[min]43.71[ 123°08[min]27.55 sec] [sec] 41.......................... 38°03[min]10.20[ 123°07[min]44.35 sec] [sec] 42.......................... 38°04[min]01.64[ 123°06[min]58.92 sec] [sec] 43.......................... 38°08[min]33.32[ 123°04[min]56.24 sec] [sec] 44.......................... 38°12[min]42.06[ 123°07[min]10.21 sec] [sec] ------------------------------------------------------------------------ [61 FR 51577, Oct. 3, 1996] Subpart L—Flower Garden Banks National Marine Sanctuary top § 922.120 Boundary. top The Flower Garden Banks National Marine Sanctuary (the Sanctuary) consists of three separate areas of ocean waters over and surrounding the East and West Flower Garden Banks and Stetson Bank, and the submerged lands thereunder including the Banks, in the northwestern Gulf of Mexico. The area designated at the East Bank is located approximately 120 nautical miles (nmi) south-southwest of Cameron, Louisiana, and encompasses 19.20 nmi2. The area designated at the West Bank is located approximately 110 nmi southeast of Galveston, Texas, and encompasses 22.50 nmi2. The area designated at Stetson Bank is located approximately 70 nmi southeast of Galveston, Texas, and encompasses 0.64 nmi2. The three areas encompass a total of 42.34 nmi2 (145.09 square kilometers). The boundary coordinates for each area are listed in appendix A to this subpart. [65 FR 81178, Dec. 22, 2000] § 922.121 Definitions. top In addition to those definitions found at §922.3, the following definition applies to this subpart: No-activity zone means the two geographic areas delineated by the Department of the Interior in stipulations for OCS lease sale 112 over and surrounding the East and West Flower Garden Banks, and the geographic area delineated by the Department of the Interior in stipulations for OCS lease sale 171 over and surrounding Stetson Bank, as areas in which activities associated with exploration for, development of, or production of hydrocarbons are prohibited. The precise aliquot part description of these areas around the East and West Flower Garden Banks are provided in appendix B of this subpart; the no-activity zone around Stetson Bank is defined as the 52 meter isobath. These particular aliquot part descriptions for the East and West Flower Garden Banks, and the 52 meter isobath around Stetson Bank, define the geographic scope of the “no-activity zones” for purposes of the regulations in this subpart. The descriptions for the East and West Flower Garden Banks no-activity zones are based on the “ 1/4 1/4 1/4” system formerly used by the Department of the Interior, a method that delineates a specific portion of a block rather than the actual underlying isobath. [65 FR 81178, Dec. 22, 2000] § 922.122 Prohibited or otherwise regulated activities. top (a) Except as specified in paragraphs (c) through (h) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing, or producing oil, gas or minerals except outside of all no-activity zones and provided all drilling cuttings and drilling fluids are shunted to the seabed through a downpipe that terminates an appropriate distance, but no more than ten meters, from the seabed. (2)(i) Anchoring any vessel within the Sanctuary. (ii) Mooring any vessel within the Sanctuary, except that vessels 100 feet (30.48 meters) or less in registered length may moor on a Sanctuary mooring buoy. (3)(i) Discharging or depositing, from within the boundaries of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from fishing with conventional hook and line gear in the Sanctuary; (B) Biodegradable effluents incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1322; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down, and graywater as defined by section 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1322) excluding oily wastes from bilge pumping; (D) Engine exhaust; or (E) In areas of the Sanctuary outside the no-activity zones, drilling cuttings and drilling fluids necessarily discharged incidental to the exploration for, development of, or production of oil or gas in those areas and in accordance with the shunting requirements of paragraph (a)(1) unless such discharge injures a Sanctuary resource or quality. (ii) Discharging or depositing, from beyond the boundaries of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(3)(i) (A) through (D) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary (except by anchoring); or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary. (5) Injuring or removing, or attempting to injure or remove, any coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota or carbonate rock within the Sanctuary. (6) Taking any marine mammal or turtle within the Sanctuary, except as permitted by regulations, as amended, promulgated under the Marine Mammal Protection Act, as amended, 16 U.S.C. 1361 et seq., and the Endangered Species Act, as amended, 16 U.S.C. 1531 et seq. (7) Injuring, catching, harvesting, collecting or feeding, or attempting to injure, catch, harvest, collect or feed, any fish within the Sanctuary by use of bottom longlines, traps, nets, bottom trawls or any other gear, device, equipment or means except by use of conventional hook and line gear. (8) Possessing within the Sanctuary (regardless of where collected, caught, harvested or removed), except for valid law enforcement purposes, any carbonate rock, coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota or fish (except for fish caught by use of conventional hook and line gear). (9) Possessing or using within the Sanctuary, except possessing while passing without interruption through it or for valid law enforcement purposes, any fishing gear, device, equipment or means except conventional hook and line gear. (10) Possessing, except for valid law enforcement purposes, or using explosives or releasing electrical charges within the Sanctuary. (b) If any valid regulation issued by any Federal authority of competent jurisdiction, regardless of when issued, conflicts with a Sanctuary regulation, the regulation deemed by the Director as more protective of Sanctuary resources and qualities shall govern. (c) The prohibitions in paragraphs (a)(2) (i), (iii), and (iv), (4) and (10) of this section do not apply to necessary activities conducted in areas of the Sanctuary outside the no-activity zones and incidental to exploration for, development of, or production of oil or gas in those areas. (d) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment. (e)(1) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to activities being carried out by the Department of Defense as of the effective date of Sanctuary designation (January 18, 1994). Such activities shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources and qualities. The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to any new activities carried out by the Department of Defense that do not have the potential for any significant adverse impacts on Sanctuary resources or qualities. Such activities shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources and qualities. New activities with the potential for significant adverse impacts on Sanctuary resources or qualities may be exempted from the prohibitions in paragraphs (a) (2) through (10) of this section by the Director after consultation between the Director and the Department of Defense. If it is determined that an activity may be carried out, such activity shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources and qualities. (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings, caused by a component of the Department of Defense, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (f) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to any activity executed in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit issued pursuant to §922.48 and §922.123 or a Special Use permit issued pursuant to section 310 of the Act. (g) The prohibitions in paragraphs (a) (2) through (10) of this section do not apply to any activity authorized by any lease, permit, license, approval or other authorization issued after January 18, 1994, provided that the applicant complies with §922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. (h) Notwithstanding paragraphs (f) and (g) of this section, in no event may the Director issue a National Marine Sanctuary permit under §922.48 and §922.123 or a Special Use permit under section 10 of the Act authorizing, or otherwise approve, the exploration for, development of, or production of oil, gas or minerals in a no-activity zone. Any leases, permits, approvals, or other authorizations authorizing the exploration for, development of, or production of oil, gas or minerals in a no-activity zone and issued after the January 18, 1994 shall be invalid. [60 FR 66877, Dec. 27, 1995, as amended at 66 FR 58371, Nov. 21, 2001] § 922.123 Permit procedures and criteria. top (a) A person may conduct an activity prohibited by §922.122(a) (2) through (10) if conducted in accordance with the scope, purpose, terms, and conditions of a permit issued under this section and §922.48. (b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Flower Garden Banks National Marine Sanctuary, 216 West 26th Street, Suite 104, Bryan, TX 77803. (c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct an activity prohibited by §922.122(a) (2) through (10), if the Director finds that the activity will: further research related to Sanctuary resources; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; or assist in managing the Sanctuary. In deciding whether to issue a permit, the Director shall consider such factors as: the professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; and the end value of the activity. In addition, the Director may consider such other factors as he or she deems appropriate. (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity. (e) The Director may, inter alia, make it a condition of any permit issued that any information obtained under the permit be made available to the public. (f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress, or results of any activity authorized by the permit. [60 FR 66877, Dec. 27, 1995, as amended at 65 FR 81178, Dec. 22, 2000] Appendix A to Subpart L of Part 922—Flower Garden Banks National Marine Sanctuary Boundary Coordinates top This appendix contains a second set of boundary coordinates using the geographic positions of the North American Datum of 1983 (NAD 83). FGBNMS coordinates are now provided in both North American Datum of 1927 (NAD 27) and NAD 83. ---------------------------------------------------------------------------------------------------------------- Point Latitude (N) Longitude (W) ---------------------------------------------------------------------------------------------------------------- East Flower Garden Bank: (NAD 27) ---------------------------------------------------------------------------------------------------------------- E-1................................. 27 deg. 52[min] 53.82718[sec] 93 deg. 37[min] 41.30310[sec] E-2................................. 27 deg. 53[min] 34.83434[sec] 93 deg. 38[min] 23.35445[sec] E-3................................. 27 deg. 55[min] 13.64286[sec] 93 deg. 38[min] 40.34368[sec] E-4................................. 27 deg. 57[min] 30.71927[sec] 93 deg. 38[min] 33.26982[sec] E-5................................. 27 deg. 58[min] 27.66896[sec] 93 deg. 37[min] 46.12447[sec] E-6................................. 27 deg. 59[min] 01.41554[sec] 93 deg. 35[min] 31.74954[sec] E-7................................. 27 deg. 59[min] 00.50888[sec] 93 deg. 35[min] 09.69198[sec] E-8................................. 27 deg. 55[min] 22.38258[sec] 93 deg. 34[min] 14.79162[sec] E-9................................. 27 deg. 54[min] 04.05605[sec] 93 deg. 34[min] 18.88720[sec] E-10................................ 27 deg. 53[min] 26.70972[sec] 93 deg. 35[min] 05.00978[sec] E-11................................ 27 deg. 52[min] 52.06998[sec] 93 deg. 36[min] 57.23078[sec] ---------------------------------------------------------------------------------------------------------------- West Flower Garden Bank: (NAD 27) ---------------------------------------------------------------------------------------------------------------- W-1................................. 27 deg. 49[min] 10.16324[sec] 93 deg. 50[min] 45.27154[sec] W-2................................. 27 deg. 50[min] 12.35976[sec] 93 deg. 52[min] 10.47158[sec] W-3................................. 27 deg. 51[min] 12.82777[sec] 93 deg. 52[min] 51.63488[sec] W-4................................. 27 deg. 51[min] 32.41145[sec] 93 deg. 52[min] 50.66983[sec] W-5................................. 27 deg. 52[min] 49.88791[sec] 93 deg. 52[min] 24.77053[sec] W-6................................. 27 deg. 55[min] 00.93450[sec] 93 deg. 49[min] 43.68090[sec] W-7................................. 27 deg. 54[min] 58.33040[sec] 93 deg. 48[min] 37.54501[sec] W-8................................. 27 deg. 54[min] 35.26067[sec] 93 deg. 47[min] 10.34866[sec] W-9................................. 27 deg. 54[min] 14.80334[sec] 93 deg. 46[min] 49.28963[sec] W-10................................ 27 deg. 53[min] 35.63704[sec] 93 deg. 46[min] 51.25825[sec] W-11................................ 27 deg. 52[min] 57.34474[sec] 93 deg. 47[min] 15.26428[sec] W-12................................ 27 deg. 50[min] 40.26361[sec] 93 deg. 47[min] 22.14179[sec] W-13................................ 27 deg. 49[min] 10.89894[sec] 93 deg. 48[min] 42.72307[sec] ---------------------------------------------------------------------------------------------------------------- Stetson Bank: (NAD 27) ---------------------------------------------------------------------------------------------------------------- S-1................................. 28 deg. 09[min] 30.06738[sec] 94 deg. 18[min] 31.34461[sec] S-2................................. 28 deg. 10[min] 09.24374[sec] 94 deg. 18[min] 29.57042[sec] S-3................................. 28 deg. 10[min] 06.88036[sec] 94 deg. 17[min] 23.26201[sec] S-4................................. 28 deg. 09[min] 27.70425[sec] 94 deg. 17[min] 25.04315[sec] ---------------------------------------------------------------------------------------------------------------- East Flower Garden Bank: (NAD 83) ---------------------------------------------------------------------------------------------------------------- E-1................................. 27 deg. 52[min] 54.84288[sec] 93 deg. 37[min] 41.84187[sec] E-2................................. 27 deg. 53[min] 35.80428[sec] 93 deg. 38[min] 23.89520[sec] E-3................................. 27 deg. 55[min] 14.61048[sec] 93 deg. 38[min] 40.88638[sec] E-4................................. 27 deg. 57[min] 31.68349[sec] 93 deg. 38[min] 33.81421[sec] E-5................................. 27 deg. 58[min] 28.63153[sec] 93 deg. 37[min] 46.66809[sec] E-6................................. 27 deg. 59[min] 02.37658[sec] 93 deg. 35[min] 32.28918[sec] E-7................................. 27 deg. 59[min] 01.46983[sec] 93 deg. 35[min] 10.23088[sec] E-8................................. 27 deg. 55[min] 23.34849[sec] 93 deg. 34[min] 15.32560[sec] E-9................................. 27 deg. 54[min] 05.02387[sec] 93 deg. 34[min] 19.42020[sec] E-10................................ 27 deg. 53[min] 27.67871[sec] 93 deg. 35[min] 05.54379[sec] E-11................................ 27 deg. 52[min] 53.04047[sec] 93 deg. 36[min] 57.76805[sec] ---------------------------------------------------------------------------------------------------------------- West Flower Garden Bank: (NAD 83) ---------------------------------------------------------------------------------------------------------------- W-1................................. 27 deg. 49[min] 11.14452[sec] 93 deg. 50[min] 45.83401[sec] W-2................................. 27 deg. 50[min] 13.34001[sec] 93 deg. 52[min] 11.03791[sec] W-3................................. 27 deg. 51[min] 13.80672[sec] 93 deg. 52[min] 52.20349[sec] W-4................................. 27 deg. 51[min] 33.38988[sec] 93 deg. 52[min] 51.23867[sec] W-5................................. 27 deg. 52[min] 50.86415[sec] 93 deg. 52[min] 25.33954[sec] W-6................................. 27 deg. 55[min] 01.90633[sec] 93 deg. 49[min] 44.24605[sec] W-7................................. 27 deg. 54[min] 59.30189[sec] 93 deg. 48[min] 38.10780[sec] W-8................................. 27 deg. 54[min] 36.23221[sec] 93 deg. 47[min] 10.90806[sec] W-9................................. 27 deg. 54[min] 15.77527[sec] 93 deg. 46[min] 49.84801[sec] W-10................................ 27 deg. 53[min] 36.60997[sec] 93 deg. 46[min] 51.81616[sec] W-11................................ 27 deg. 52[min] 58.31880[sec] 93 deg. 47[min] 15.82251[sec] W-12................................ 27 deg. 50[min] 41.24120[sec] 93 deg. 47[min] 22.69837[sec] W-13................................ 27 deg. 49[min] 11.87936[sec] 93 deg. 48[min] 43.28125[sec] ---------------------------------------------------------------------------------------------------------------- Stetson Bank: (NAD 83) ---------------------------------------------------------------------------------------------------------------- S-1................................. 28 deg. 09[min] 31.02671[sec] 94 deg. 18[min] 31.98164[sec] S-2................................. 28 deg. 10[min] 10.20196[sec] 94 deg. 18[min] 30.20776[sec] S-3................................. 28 deg. 10[min] 07.83821[sec] 94 deg. 17[min] 23.89688[sec] S-4................................. 28 deg. 09[min] 28.66320[sec] 94 deg. 17[min] 25.67770[sec] ---------------------------------------------------------------------------------------------------------------- [65 FR 81178, Dec. 22, 2000] Appendix B to Subpart L of Part 922—Coordinates for the Department of the Interior Topographic Lease Stipulations for OCS Lease Sale 171 top Aliquot Part Description of Biological Stipulation Area East Garden Bank Block A–366 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) SE 1/4, SW 1/4; S 1/2, NE 1/4, SE 1/4; SE 1/4, NW 1/4, SE 1/4; S 1/2, SE 1/4. Block A–376 W 1/2, NW 1/4, SW 1/4; SW 1/4, SW 1/4, SW 1/4. Block A–374 W 1/2, NW 1/4, NW 1/4; W 1/2, SW 1/4, NW 1/4; SE 1/4, SW 1/4, NW 1/4; SW 1/4, NE 1/4, SW 1/4, W 1/2, SW 1/4; W 1/2, SE 1/4, SW 1/4; SE 1/4, SE 1/4, SW 1/4. Block A–375 E 1/2; E 1/2, NW 1/4; E 1/2, NW 1/4, NW 1/4; SW 1/4, NW 1/4, NW 1/4; E 1/2, SW 1/4, NW 1/4; NW 1/4, SW 1/4, NW 1/4; SW 1/4. Block A–388 NE 1/4; E 1/2, NW 1/4; E 1/2, NW 1/4, NW 1/4; NE 1/4, SW 1/4, NW 1/4; E 1/2, NE 1/4, SW 1/4; NW 1/4, NE 1/4, SW 1/4; NE 1/4, NW 1/4, SW 1/4; NE 1/4, SE 1/4, SW 1/4, NE 1/4; NE 1/4, NE 1/4, SE 1/4; W 1/2, NE 1/4, SE 1/4; NW 1/4, Block A–389 NE 1/4, NW 1/4; NW 1/4, NW 1/4; SW 1/4, NW 1/4; NE 1/4, SE 1/4, NW 1/4; W 1/2, SE 1/4, NW 1/4; N 1/2, NW 1/4, SW 1/4. Aliquot Part Description of Biological Stipulation Area West Garden Bank Block A–383 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) E 1/2, SE 1/4, SE 1/4; SW 1/4, SE 1/4, SE 1/4. Block A–384 W 1/2, SW 1/4, NE 1/4; SE 1/4, SW 1/4, NE 1/4; S 1/2, SE 1/4, NE 1/4; SE 1/4, NW 1/4; E 1/2, SW 1/4; E 1/2, NW 1/4, SW 1/4, SW 1/4, NW 1/4, SW 1/4; SW 1/4, SW 1/4; SE 1/4. Block A–385 SW 1/4, SW 1/4, NW 1/4; NW 1/4, SW 1/4; NW 1/4, SW 1/4, SW 1/4. Block A–397 W 1/2, W 1/2, NW 1/4; W 1/2, NW 1/4, SW 1/4; NW 1/4; SW 1/4, SW 1/4. Block A–398 Entire block. Block A–399 E 1/2, SE 1/4, NE 1/4, NW 1/4; E 1/2, SE 1/4, NW 1/4; E 1/2, NE 1/4, SW 1/4; SW 1/4, NE 1/4, SW 1/4; NE 1/4, SE 1/4, SW 1/4. Block A–401 NE 1/4, NE 1/4; N 1/2, NW 1/4, NE 1/4; NE 1/4, SE 1/4, NE 1/4. Block 134 Official Protraction Diagram NG15–02 (Garden Banks) That portion of the block north of a line connecting a point on the east boundary of Block 134, X=1,378,080.00', Y=10,096,183.00', with a point on the west boundary of Block 134, X=1,367,079,385', Y=10,096,183.000', defined under the Universal Transverse Mercator grid system. Block 135 Official Protraction Diagram NG15–02 (Garden Banks) That portion of the block northwest of a line connecting the southeast corner of Texas Leasing Map No. 7C, Block A–398, X=1,383,293.840', Y=10,103,281.930', with a point on the west boundary of Official Protraction Diagram NG15–02, Block 135, X=1,378,080.000', Y=10,096,183.000', defined under the Universal Transverse Mercator grid system. [65 FR 81180, Dec. 22, 2000] Subpart M—Monterey Bay National Marine Sanctuary top § 922.130 Boundary. top (a) The Monterey Bay National Marine Sanctuary (Sanctuary) consists of an area of approximately 4,024 square nautical miles of coastal and ocean waters, and the submerged lands thereunder, in and surrounding Monterey Bay, off the central coast of California. (b) The northern terminus of the boundary is located along the southern boundary of the Gulf of the Farallones National Marine Sanctuary (GFNMS) and runs westward to approximately 123°07'W. The boundary then extends south in an arc which generally follows the 500 fathom isobath. At approximately 37°03'N, the boundary arcs south to 122°25'W, 36°10'N, due west of Partington Point. The boundary again follows the 500 fathom isobath south to 121°41'W, 35°33'N, due west of Cambria. The boundary then extends shoreward towards the mean high-water line. The landward boundary is defined by the mean high-water line between the GFNMS and Cambria, exclusive of a small area off the north coast of San Mateo County and the City and County of San Francisco between Point Bonita and Point San Pedro. Pillar Point, Santa Cruz, Moss Landing and Monterey harbors are excluded from the Sanctuary boundary shoreward from their respective International Collision at Sea regulation (Colreg.) demarcation lines except for Moss Landing Harbor, where all of Elkhorn Slough east of the Highway One bridge is included within the Sanctuary boundary. The boundary coordinates are listed in appendix A to this subpart. § 922.131 Definitions. top In addition to those definitions found at §922.3, the following definitions apply to this subpart: Attract or attracting means the conduct of any activity that lures or may lure white sharks by using food, bait, chum, dyes, acoustics or any other means, except the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers, surfers). Federal Project means any water resources development project conducted by the U.S. Army Corps of Engineers or operating under a permit or other authorization issued by the Corps of Engineers and authorized by Federal law. Hand tool means a hand-held implement, utilized for the collection of jade pursuant to §922.132(a)(1), that is no greater than 36 inches in length and has no moving parts (e.g., dive knife, pry bar or abalone iron). Pneumatic, mechanical, electrical, hydraulic or explosive tools are, therefore, examples of what does not meet this definition. Motorized personal water craft means any motorized vessel that is less than fifteen feet in length as manufactured, is capable of exceeding a speed of fifteen knots, and has the capacity to carry not more than the operator and one other person while in operation. The term includes, but is not limited to, jet skis, wet bikes, surf jets, miniature speed boats, air boats, and hovercraft. [60 FR 66877, Dec. 27, 1995, as amended at 61 FR 66917, Dec. 19, 1996; 63 FR 15087, Mar. 30, 1998] § 922.132 Prohibited or otherwise regulated activities. top (a) Except as specified in paragraphs (b) through (f) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary except: jade may be collected (meaning removed) from the area bounded by the 35°55'20" N latitude parallel (coastal reference point: beach access stairway at south Sand Dollar Beach), the 35°53'20" N latitude parallel (coastal reference point: westernmost tip of Cape San Martin), and from the mean high tide line seaward to the 90-foot isobath (depth line) (the “authorized area”) provided that: (i) Only jade already loose from the seabed may be collected; (ii) No tool may be used to collect jade except: (A) A hand tool (as defined in §922.131) to maneuver or lift the jade or scratch the surface of a stone as necessary to determine if it is jade; (B) A lift bag or multiple lift bags with a combined lift capacity of no more than two hundred pounds; or (C) A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide access to the authorized area; (iii) Each person may collect only what that person individually carries; and (iv) For any loose piece of jade that cannot be collected under paragraphs (a)(1) (ii) and (iii) of this section, any person may apply for a permit to collect such a loose piece by following the procedures in §922.133. (2)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; (D) Engine exhaust; or (E) Dredged material deposited at disposal sites authorized by the U.S. Environmental Protection Agency (EPA) (in consultation with the U.S. Army Corps of Engineers (COE)) prior to the effective date of Sanctuary designation (January 1, 1993), provided that the activity is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval existing on January 1, 1993. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed in paragraphs (a)(2)(i) (A) through (D) of this section and dredged material deposited at the authorized disposal sites described in appendix B to this subpart, provided that the dredged material disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval. (3) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from kelp harvesting, aquaculture or traditional fishing operations. (4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary except as an incidental result of: (i) Anchoring vessels; (ii) Aquaculture, kelp harvesting or traditional fishing operations; (iii) Installation of navigation aids; (iv) Harbor maintenance in the areas necessarily associated with Federal Projects in existence on January 1, 1993, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties; (v) Construction, repair, replacement or rehabilitation of docks or piers; or (vi) Collection of jade pursuant to paragraph (a)(1) of this section, provided that there is no constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary. (5) Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except as permitted by regulations, as amended, promulgated under the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq. (6) Flying motorized aircraft, except as necessary for valid law enforcement purposes, at less than 1000 feet above any of the four zones within the Sanctuary described in appendix C to this subpart. (7) Operating motorized personal water craft within the Sanctuary except within the four designated zones and access routes within the Sanctuary described in appendix D to this subpart. (8) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as necessary for valid law enforcement purposes, any historical resource, or any marine mammal, sea turtle or seabird taken in violation of regulations, as amended, promulgated under the MMPA, ESA or MBTA. (9) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (10) Attracting any white shark in that part of the Sanctuary out to the seaward limit of State waters. For the purposes of this prohibition, the seaward limit of State waters is a line three nautical miles distant from the coastline of the State, where the coastline is the line of ordinary low water along the portion of the coast in direct contact with the open sea. The coastline for Monterey Bay, which is inland waters, is the straight line marking the seaward limit of the Bay, determined by connecting the following two points: 36°57'6" N, 122°01'45" W and 36°38'16" N, 121°56'3" W. (b) The prohibitions in paragraphs (a)(2) through (9) of this section do not apply to activities necessary to respond to emergencies threatening life, property or the environment. (c)(1) All Department of Defense activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. The prohibitions in paragraphs (a) (2) through (9) of this section do not apply to existing military activities carried out by the Department of Defense, as specifically identified in the Final environmental Impact Statement and Management Plan for the Proposed Monterey Bay National Marine Sanctuary (NOAA, 1992). (Copies of the FEIS/MP are available from the Monterey Bay National Marine Sanctuary, 299 Foam Street, Suite D, Monterey, CA 93940). New activities may be exempted from the prohibitions in paragraphs (a) (2) through (9) of this section by the Director after consultation between the Director and the Department of Defense. (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings, caused by the Department of Defense, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (d) The prohibitions in paragraph (a)(1) of this section as it pertains to jade collection in the Sanctuary, paragraphs (a) (2) and (8) of this section, and paragraph (a)(10) of this section do not apply to any activity executed in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary permit issued pursuant to §§922.48 and 922.133 or a Special Use permit issued pursuant to section 310 of the Act. (e) The prohibitions in paragraphs (a) (2) through (8) of this section do not apply to any activity authorized by any lease, permit, license, approval or other authorization issued after January 1, 1993 and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with §922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date. (f) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a National Marine Sanctuary permit under §§922.48 and 922.133 or a Special Use permit under section 310 of the Act authorizing, or otherwise approve: the exploration for, development or production of oil, gas or minerals within the Sanctuary, 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 §922.47, of valid authorizations in existence on January 1, 1993 and issued by other authorities of competent jurisdiction); or the disposal of dredged material within the Sanctuary other than at sites authorized by EPA (in consultation with COE) prior to January 1, 1993. Any purported authorizations issued by other authorities within the Sanctuary shall be invalid. [60 FR 66877, Dec. 27, 1995, as amended at 61 FR 66917, Dec. 19, 1996; 62 FR 35338, July 1, 1997; 63 FR 15087, Mar. 30, 1998] § 922.133 Permit procedures and criteria. top (a) A person may conduct an activity prohibited by §922.132(a)(1) as it pertains to jade collection in the Sanctuary, §922.132(a) (2) through (8), and §922.132(a) (10), if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and 922.48. (b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Monterey Bay National Marine Sanctuary, 299 Foam Street, Suite D, Monterey, CA 93940. (c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct an activity prohibited by §922.132(a)(1) as it pertains to jade collection in the Sanctuary, §922.132(a) (2) through (8), and §922.132(a)(10) if the Director finds the activity will have only negligible short-term adverse effects on Sanctuary resources and qualities and will: further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; allow the removal, without the use of pneumatic, mechanical, electrical, hydraulic or explosive tools, of loose jade from the Jade Cove area under §922.132(a)(1)(iv); assist in managing the Sanctuary; or further salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary title to which is held by the State of California. In deciding whether to issue a permit, the Director shall consider such factors as: the professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extend to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; and the end value of the activity. For jade collection, preference will be given for applications proposing to collect loose pieces of jade for research or educational purposes. In addition, the Director may consider such other factors as he or she deems appropriate. (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity. (e) The Director may, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public. (f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit. [60 FR 66877, Dec. 27, 1995, as amended at 63 FR 15088, Mar. 30, 1998] § 922.134 Notification and review. top (a) [Reserved] (b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary. With regard to permits, the MOA encompasses: (i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under §13377 of the California Water Code; and (ii) Waste Discharge Requirements issued by the State of California under §13263 of the California Water Code. (2) The MOA specifies how the process of §922.49 will be administered within State waters within the Sanctuary in coordination with the State permit program. [60 FR 66877, Dec. 27, 1995, as amended at 62 FR 62694, Nov. 25, 1997] Appendix A to Subpart M of Part 922—Monterey Bay National Marine Sanctuary Boundary Coordinates top [Appendix based on North American datum of 1983.] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1................................. 37°52[min]56. 122°37[min]39 09055[sec] .12564[sec] 2................................. 37°39[min]59. 122°45[min] 06176[sec] 3.79307[sec] 3................................. 37°36[min]58. 122°46[min] 39164[sec] 9.73871[sec] 4................................. 37°34[min]17. 122°48[min]14 30224[sec] .38141[sec] 5................................. 37°31[min]47. 122°51[min]35 55649[sec] .56769[sec] 6................................. 37°30[min]34. 122°54[min]22 11030[sec] .12170[sec] 7................................. 37°29[min]39. 123°00[min]27 05866[sec] .70792[sec] 8................................. 37°30[min]29. 123°05[min]46 47603[sec] .22767[sec] 9................................. 37°31[min]17. 123°07[min]47 66945[sec] .63363[sec] 10................................ 37°27[min]10. 123°08[min]24 93594[sec] .32210[sec] 11................................ 37°20[min]35. 123°07[min]54 37491[sec] .12763[sec] 12................................ 37°13[min]50. 123°06[min]15 21805[sec] .50600[sec] 13................................ 37°07[min]48. 123°01[min]43 76810[sec] .10994[sec] 14................................ 37°03[min]46. 122°54[min]45 60999[sec] .39513[sec] 15................................ 37°02[min]06. 122°46[min]35 30955[sec] .02125[sec] 16................................ 36°55[min]17. 122°48[min]21 56782[sec] .41121[sec] 17................................ 36°48[min]22. 122°48[min]56 74244[sec] .29007[sec] 18................................ 36°41[min]30. 122°48[min]19 91516[sec] .40739[sec] 19................................ 36°34[min]45. 122°46[min]26 76070[sec] .96772[sec] 20................................ 36°28[min]24. 122°43[min]32 18076[sec] .43527[sec] 21................................ 36°22[min]20. 122°39[min]28 70312[sec] .42026[sec] 22................................ 36°16[min]43. 122°34[min]26 93588[sec] .77255[sec] 23................................ 36°11[min]44. 122°28[min]37 53838[sec] .16141[sec] 24................................ 36°07[min]26. 122°21[min]54 88988[sec] .97541[sec] 25................................ 36°04[min]07. 122°14[min]39 08898[sec] .75924[sec] 26................................ 36°01[min]28. 122°07[min]00 22233[sec] .19068[sec] 27................................ 35°59[min]45. 121°58[min]56 46381[sec] .36189[sec] 28................................ 35°58[min]59. 121°50[min]26 12170[sec] .47931[sec] 29................................ 35°58[min]53. 121°45[min]22 63866[sec] .82363[sec] 30................................ 35°55[min]45. 121°42[min]40 60623[sec] .28540[sec] 31................................ 35°50[min]15. 121°43[min]09 84256[sec] .20193[sec] 32................................ 35°43[min]14. 121°42[min]43 26690[sec] .79121[sec] 33................................ 35°35[min]41. 121°41[min]25 88635[sec] .07414[sec] 34................................ 35°33[min]11. 121°37[min]49 75999[sec] .74192[sec] 35................................ 35°33[min]17. 121°05[min]52 45869[sec] .89891[sec] 36................................ 37°35[min]39. 122°31[min]14 73180[sec] .96033[sec] 37................................ 37°36[min]49. 122°37[min]00 21739[sec] .22577[sec] 38................................ 37°46[min]00. 122°39[min]00 98983[sec] .40466[sec] 39................................ 37°49[min]05. 122°31[min]46 69080[sec] .30542[sec] ------------------------------------------------------------------------ Appendix B to Subpart M of Part 922—Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary top (Appendix based on North American Datum of 1983.) As of January 1, 1993, the U.S. Army Corps of Engineers operates the following dredged material disposal site adjacent to the Sanctuary off of the Golden Gate: ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1................................. 37°45.875[min 122°34.140[mi ] n] 2................................. 37°44.978[min 122°37.369[mi ] n] 3................................. 37°44.491[min 122°37.159[mi ] n] 4................................. 37°45.406[min 122°33.889[mi ] n] 5................................. 37°45.875[min 122°34.140[mi ] n] ------------------------------------------------------------------------ In addition, the U.S. Environmental Protection Agency, as of January 1, 1993, is (in consultation with the U.S. Army Corps of Engineers) in the process of establishing a dredged material disposal site outside the northern boundary of the Monterey Bay National Marine Sanctuary and within one of three study areas described in 57 FR 43310, Sept. 18, 1992. When that disposal site is authorized, this appendix will be updated to incorporate its precise location. Appendix C to Subpart M of Part 922—Zones Within the Sanctuary Where Overflights Below 1000 Feet Are Prohibited top The four zones are: (1) From mean high water out to three nautical miles (NM) between a line extending from Point Santa Cruz on a southwesterly heading of 220° and a line extending from 2.0 NM north of Pescadero Point on a southwesterly heading of 240°; (2) From mean high water out to three NM between a line extending from the Carmel River mouth on a westerly heading of 270° and a line extending due west along latitude 35°33'17.5612" off of Cambria; (3) From mean high water and within a five NM arc drawn from a center point at the end of Moss Landing Pier; and (4) Over the waters of Elkhorn Slough east of the Highway On bridge to Elkhorn Road. Appendix D to Subpart M of Part 922—Zones and Access Routes Within the Sancturary Where the Operation of Motorized Personal Watercraft Is Allowed top The four zones and access routes are: (1) The approximately one [1.0] NM 2 area off Pillar Point Harbor from harbor launch ramps, through harbor entrance to the northern boundary of Zone One bounded by (a) 37°29.6' N (flashing 5-second breakwater entrance light and horn located at the seaward end of the outer west breakwater), 122°29.1' W; (b) 37°28.9' N (bell buoy), 122°29.0' W; (c) 37°28.8' N, 122°28' W; and (d) 37°29.6' N, 122°28' W; (2) The approximately five [5.0] NM 2 area off of Santa Cruz Small Craft Harbor from harbor launch ramps, through harbor entrance, and then along a 100 yard wide access route southwest along a true bearing of approximately 196° (180° magnetic) to the whistle buoy at 36°56.3' N, 122°00.6' W. Zone Two is bounded by (a) 36°55' N, 122°02' W; (b) 36°55' N, 121°58' W; (c) 36°56.5' N, 121°58' W; and (d) 36°56.5' N, 122°02' W; (3) The approximately six [6.0] NM 2 area off of Moss Landing Harbor from harbor launch ramps, through harbor entrance, and then along a 100 yard wide access route due west to the eastern boundary of Zone Three bounded by (a) 36°50' N, 121°49.3' W; (b) 36°50' N, 121°50.8' W; (c) 36°46.7' N, 121°50.8' W; (d) 36°46.7' N, 121°49' W; (e) 36°47.9' N (bell buoy), 121°48.1' W; and (f) 36°48.9' N, 121°48.2' W; and (4) The approximately five [5.0] NM 2 area off of Monterey Harbor from harbor launch ramps to the seaward end of the U.S. Coast Guard Pier, and then along a 100 yard wide access route due north to the southern boundary of Zone Four bounded by (a) 36°38.7' N, 121°55.4' W; (b) 36°36.9' N, 121°52.5' W; (c) 36°38.3' N, 121°51.3' W; and (d) 36°40' N, 121°54.4' W. [60 FR 66877, Dec. 27, 1995, as amended at 61 FR 14964, Apr. 4, 1996] Subpart N—Stellwagen Bank National Marine Sanctuary top § 922.140 Boundary. top (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) consists of an area of approximately 638 square nautical miles (NM) of Federal marine waters and the submerged lands thereunder, over and around Stellwagen Bank and other submerged features off the coast of Massachusetts. The boundary encompasses the entirety of Stellwagen Bank; Tillies Bank, to the northeast of Stellwagen Bank; and portions of Jeffreys Ledge, to the north of Stellwagen Bank. (b) The Sanctuary boundary is identified by the following coordinates, indicating the most northeast, southeast, southwest, west-northwest, and north-northwest points: 42°45'59.83"N×70°13'01.77"W (NE); 42°05'35.51"N×70°02'08.14"W (SE); 42°07'44.89"W×70°28'15.44"W (SW); 42°32'53.52"N×70°35'52.38"W (WNW); and 42°39'04.08"N×70°30'11.29"W (NNW). The western border is formed by a straight line connecting the most southwest and the west-northwest points of the Sanctuary. At the most west-northwest point, the Sanctuary border follows a line contiguous with the three-mile jurisdictional boundary of Massachusetts to the most north-northwest point. From this point, the northern border is formed by a straight line connecting the most north-northwest point and the most northeast point. The eastern border is formed by a straight line connecting the most northeast and the most southeast points of the Sanctuary. The southern border follows a straight line between the most southwest point and a point located at 42°06'54.57"N × 70°16'42.7" W. From that point, the southern border then continues in a west-to-east direction along a line contiguous with the three-mile jurisdictional boundary of Massachusetts until reaching the most southeast point of the Sanctuary. The boundary coordinates are listed in appendix A to this subpart. § 922.141 Definitions. top In addition to those definitions found at §922.3, the following definitions apply to this subpart: Industrial material means mineral, as defined in §922.3. Traditional fishing means those commercial or recreational fishing methods which have been conducted in the past within the Sanctuary. § 922.142 Prohibited or otherwise regulated activities. top (a) Except as specified in paragraphs (b) through (f) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; or (D) Engine exhaust. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(1)(i) (A) through (D) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (2) Exploring for, developing or producing industrial materials within the Sanctuary. (3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Installation of navigation aids. (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from traditional fishing operations. (5) Taking any marine reptile, marine mammal or seabird in or above the Sanctuary, except as permitted by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq. (6) Lightering in the Sanctuary. (7) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as necessary for valid law enforcement purposes, any historical resource, or any marine mammal, marine reptile or seabird taken in violation of the MMPA, ESA or MBTA. (8) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraphs (a) (1), and (3) through (8) of this section do not apply to any activity necessary to respond to an emergency threatening life, property or the environment. (c)(1)(i) All Department of Defense military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. (ii) Department of Defense military activities may be exempted from the prohibitions in paragraphs (a) (1) and (3) through (7) of this section by the Director after consultation between the Director and the Department of Defense. (iii) If it is determined that an activity may be carried out, such activity shall be carried out in a manner that avoids to the maximum extent practicable any advance impact on Sanctuary resources and qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded from the scope of this paragraph(c). (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (d) The prohibitions in paragraphs (a) (1) and (3) through (7) of this section do not apply to any activity executed in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary permit issued pursuant to §922.48 and §922.143 or a Special Use permit issued pursuant to section 310 of the Act. (e) The prohibitions in paragraphs (a)(1) and (3) through (7) of this section do not apply any activity authorized by any lease, permit, license, approval or other authorization issued after the effective date of Sanctuary designation (November 4, 1992) and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with §922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date. (f) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a permit under §922.48 and §922.143, or under section 310 of the act, authorizing, or otherwise approving, the exploration for, development or production of industrial materials within the Sanctuary, or the disposal of dredged materials within the Sanctuary (except by a certification, pursuant to §922.47, of valid authorizations in existence on November 4, 1992) and any leases, licenses, permits, approvals or other authorizations authorizing the exploration for, development or production of industrial materials in the Sanctuary issued by other authorities after November 4, 1992, shall be invalid. § 922.143 Permit procedures and criteria. top (a) A person may conduct an activity prohibited by §922.142 (a) (1) and (3) through (7) if conducted in accordance with scope, purpose, manner, terms and conditions of a permit issued under this section and §922.48. (b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Stellwagen Bank National Marine Sanctuary, 14 Union Street, Plymouth, MA 02360. (c) The Director, at his or her discretion may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct an activity prohibited by §922.142(a) (1) and (3) through (7), if the Director finds that the activity will have only negligible short-term adverse effects on Sanctuary resources and qualities and will: further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; or assist in managing the Sanctuary. In deciding whether to issue a permit, the Director may consider such factors as: the professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; and the end value of the activity. In addition, the Director may consider such other factors as he or she deems appropriate. (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity. (e) The Director may, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public. (f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit. Appendix A to Subpart N of Part 922—Stellwagen Bank National Marine Sanctuary Boundary Coordinates top [Appendix Based on North American Datum of 1927] ------------------------------------------------------------------------ Loran Pt. Latitude Longitude --------------------- 9960W 9960X ------------------------------------------------------------------------ E1 42°45[mi 70°13[mi 13,607.19 25,728.57 n]59.83[sec] n]01.77[sec] E2 42°05[mi 70°02[mi 13,753.39 25,401.78 n]35.51[sec] n]08.14[sec] E3 42°06[mi 70°03[mi 13,756.72 25,412.46 n]8.25[sec] n]17.55[sec] E4 42°06[mi 70°04[mi 13,760.30 25,417.53 n]2.53[sec] n]03.36[sec] E5 42°07[mi 70°05[mi 13,764.52 25,427.27 n]02.70[sec] n]13.61[sec] E6 42°07[mi 70°06[mi 13,770.54 25,434.45 n]13.0[sec] n]23.75[sec] E7 42°07[mi 70°07[mi 13,775.08 25,442.51 n]35.95[sec] n]27.89[sec] E8 42°07[mi 70°08[mi 13,780.35 25,448.27 n]42.33[sec] n]26.07[sec] E9 42°07[mi 70°09[mi 13,784.24 25,455.02 n]59.94[sec] n]19.78[sec] E10 42°08[mi 70°10[mi 13,790.27 25,461.28 n]04.95[sec] n]24.40[sec] E11 42°07[mi 70°11[mi 13,799.38 25,467.56 n]55.19[sec] n]47.67[sec] E12 42°07[mi 70°13[mi 13,806.58 25,474.95 n]59.84[sec] n]03.35[sec] E13 42°07[mi 70°14[mi 13,815.52 25,480.62 n]46.55[sec] n]21.91[sec] E14 42°07[mi 70°15[mi 13,823.21 25,484.05 n]27.29[sec] n]22.95[sec] E15 42°06[mi 70°16[mi 13,833.88 25,487.79 n]54.57[sec] n]42.71[sec] E16 42°07[mi 70°28[mi 13,900.14 25,563.22 n]44.89[sec] n]15.44[sec] E17 42°32[mi 70°35[mi 13,821.60 25,773.51 n]53.52[sec] n]52.38[sec] E18 42°33[mi 70°35[mi 13,814.43 25,773.54 n]30.24[sec] n]14.96[sec] E19 42°33[mi 70°35[mi 13,811.68 25,774.28 n]48.14[sec] n]03.81[sec] E20 42°34[mi 70°34[mi 13,803.64 25,774.59 n]30.45[sec] n]22.98[sec] E21 42°34[mi 70°33[mi 13,795.43 25,770.55 n]50.37[sec] n]21.93[sec] E22 42°35[mi 70°32[mi 13,787.92 25,768.31 n]16.08[sec] n]32.29[sec] E23 42°35[mi 70°31[mi 13,780.57 25,766.25 n]41.80[sec] n]44.20[sec] E24 42°36[mi 70°30[mi 13,772.14 25,766.14 n]23.08[sec] n]58.98[sec] E25 42°37[mi 70°30[mi 13,763.69 25,768.12 n]15.51[sec] n]23.01[sec] E26 42°37[mi 70°30[mi 13,758.09 25,771.07 n]58.88[sec] n]06.60[sec] E27 42°38[mi 70°30[mi 13,755.07 25,774.58 n]32.46[sec] n]06.54[sec] E28 42°39[mi 70°30[mi 13,752.75 25,778.35 n]04.08[sec] n]11.29[sec] ------------------------------------------------------------------------ Subpart O—Olympic Coast National Marine Sanctuary top § 922.150 Boundary. top (a) The Olympic Coast National Marine Sanctuary (Sanctuary) consists of an area of approximately 2500 square nautical miles (NM) (approximately 8577 sq. kilometers) of coastal and ocean waters, and the submerged lands thereunder, off the central and northern coast of the State of Washington. (b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada international boundary. The Sanctuary boundary then follows the U.S./Canada international boundary seaward to the 100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 fathom isobath in a southerly direction from the U.S./Canada international boundary to a point due west of the mouth of the Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault Canyons. The coastal boundary of the Sanctuary is the mean higher high water line when adjacent to Federally managed lands cutting across the mouths of all rivers and streams, except where adjacent to Indian reservations, State and county owned lands; in such case, the coastal boundary is the mean lower low water line. La Push harbor is excluded from the Sanctuary boundary shoreward of the International Collision at Sea regulation (Colreg.) demarcation lines. The boundary coordinates are listed in appendix A to this subpart. § 922.151 Definitions. top In addition to those definitions found at §922.3, the following definitions apply to this subpart: Federal Project means any water resources development project conducted by the U.S. Army Corps of Engineers or operating under a permit or other authorization issued by the Corps of Engineers and authorized by Federal law. Indian reservation means a tract of land set aside by the Federal Government for use by a Federally recognized American Indian tribe and includes, but is not limited to, the Makah, Quileute, Hoh and Quinault Reservations. Traditional fishing means fishing using a commercial or recreational fishing method that has been used in the Sanctuary before the effective date of Sanctuary designation (July 22, 1994), including the retrieval of fishing gear. Treaty means a formal agreement between the United States Government and an Indian tribe. § 922.152 Prohibited or otherwise regulated activities. top (a) Except as specified in paragraphs (b) through (g) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary. (2)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; (D) Engine exhaust; or (E) Dredge spoil in connection with beach nourishment projects related to harbor maintenance activities. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(2)(i) (A) through (E) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (3) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from traditional fishing operations. (4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; (iii) Installation of navigation aids; (iv) Harbor maintenance in the areas necessarily associated with Federal Projects in existence on July 22, 1994, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties; (v) Construction, repair, replacement or rehabilitation of boat launches, docks or piers, and associated breakwaters and jetties; or (vi) Beach nourishment projects related to harbor maintenance activities. (5) Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., or pursuant to any Indian treaty with an Indian tribe to which the United States is a party, provided that the Indian treaty right is exercised in accordance with the MMPA, ESA and MBTA, to the extent that they apply. (6) Flying motorized aircraft at less than 2,000 feet both above the Sanctuary within one NM of the Flattery Rocks, Quillayute Needles, or Copalis National Wildlife Refuge, or within one NM seaward from the coastal boundary of the Sanctuary, except for activities related to tribal timber operations conducted on reservation lands, or to transport persons or supplies to or from reservation lands as authorized by a governing body of an Indian tribe. (7) Possessing within the Sanctuary (regardless of where taken, moved or removed from) any historical resource, or any marine mammal, sea turtle, or seabird taken in violation of the MMPA, ESA or MBTA, to the extent that they apply. (8) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraph (a) (2) through (4), (6) and (7) of this section do not apply to activities necessary to respond to emergencies threatening life, property or the environment. (c) The prohibitions in paragraphs (a) (2) through (4), (6) and (7) of this section do not apply to activities necessary for valid law enforcement purposes. (d)(1) All Department of Defense military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. (i) Except as provided in paragraph (d)(2) of this section, the prohibitions in paragraphs (a) (2) through (7) of this section do not apply to the following military activities performed by the Department of Defense in W–237A, W–237B, and Military Operating Areas Olympic A and B in the Sanctuary: (A) Hull integrity tests and other deep water tests; (B) Live firing of guns, missiles, torpedoes, and chaff; (C) Activities associated with the Quinault Range including the in-water testing of non-explosive torpedoes; and (D) Anti-submarine warfare operations. (ii) New activities may be exempted from the prohibitions in paragraphs (a) (2) through (7) of this section by the Director after consultation between the Director and the Department of Defense. If it is determined that an activity may be carried out, such activity shall be carried out in a manner that avoids to the maximum extent practicable any adverse impact on Sanctuary resources and qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded from the scope of this paragraph (d). (2) The Department of Defense is prohibited from conducting bombing activities within the Sanctuary. (3) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (e) The prohibitions in paragraphs (a) (2) through (7) of this section do not apply to any activity executed in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary permit issued pursuant to §922.48 and §922.153 or a Special Use permit issued pursuant to section 310 of the Act. (f) Members of a federally recognized Indian tribe may exercise aboriginal and treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this part. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary. (g) The prohibitions in paragraphs (a) (2) through (7) of this section do not apply to any activity authorized by any lease, permit, license, or other authorization issued after July 22, 1994 and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with §922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date. (h) Notwithstanding paragraphs (e) and (g) of this section, in no event may the Director issue a National Marine Sanctuary permit under §§922.48 and 922.153 or a Special Use permit under section 310 of the Act authorizing, or otherwise approve: The exploration for, development or production of oil, gas or minerals within the Sanctuary; the discharge of primary-treated sewage within the Sanctuary (except by certification, pursuant to §922.47, of valid authorizations in existence on July 22, 1994 and issued by other authorities of competent jurisdiction); the disposal of dredged material within the Sanctuary other than in connection with beach nourishment projects related to harbor maintenance activities; or bombing activities within the Sanctuary. Any purported authorizations issued by other authorities after July 22, 1994 for any of these activities within the Sanctuary shall be invalid. § 922.153 Permit procedures and criteria. top (a) A person may conduct an activity prohibited by paragraphs (a) (2) through (7) of §922.152 if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and §922.48. (b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Manager, Olympic Coast National Marine Sanctuary, 138 West First Street, Port Angeles, WA 98362. (c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or her deems appropriate, to conduct an activity prohibited by paragraphs (a) (2) through (7) of §922.152, if the Director finds that the activity will not substantially injure Sanctuary resources and qualities and will: further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; assist in managing the Sanctuary; further salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary title to which is held by the State of Washington; or promote the welfare of any Indian tribe adjacent to the Sanctuary. In deciding whether to issue a permit, the Director may consider such factors as: the professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; the end value of the activity; and the impacts of the activity on adjacent Indian tribes. Where the issuance or denial of a permit is requested by the governing body of an Indian tribe, the Director shall consider and protect the interests of the tribe to the fullest extent practicable in keeping with the purposes of the Sanctuary and his or her fiduciary duties to the tribe. The Director may also deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms or conditions of a permit or of the regulations in this subpart. In addition, the Director may consider such other factors as he or she deems appropriate. (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity. (e) The Director may, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public. (f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit. (g) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance to the tribe. (h) Removal, or attempted removal of any Indian cultural resource or artifact may only occur with the express written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certification by the Director that such activities occur in a manner that minimizes damage to the biological and archeological resources. Prior to permitting entry onto a significant cultural site designated by a tribal governing body, the Director shall require the express written consent of the governing body of the tribe or tribes to which such cultural site pertains. § 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent county governments. top (a) The Director shall regularly consult with the State of Washington, the governing bodies of tribes with reservations adjacent to the Sanctuary, and adjacent county governments regarding areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources. (b) The Director shall, when requested by such governments, enter into a memorandum of understanding regarding such consultations. Appendix A to Subpart O of Part 922—Olympic Coast National Marine Sanctuary Boundary Coordinates top [Based on North American Datum of 1983] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1.............................. 47°07[min]45[se 124°11[min]02[ c] sec] 2.............................. 47°07[min]45[se 124°58[min]12[ c] sec] 3.............................. 47°35[min]05[se 125°00[min]00[ c] sec] 4.............................. 47°40[min]05[se 125°04[min]44[ c] sec] 5.............................. 47°50[min]01[se 125°05[min]42[ c] sec] 6.............................. 47°57[min]13[se 125°29[min]13[ c] sec] 7.............................. 48°07[min]33[se 125°38[min]20[ c] sec] 8.............................. 48°15[min]00[se 125°40[min]54[ c] sec] 9.............................. 48°18[min]21.2[ 125°30[min]02. sec] 9[sec] 10............................. 48°20[min]15.2[ 125°22[min]52. sec] 9[sec] 11............................. 48°26[min]46.2[ 125°09[min]16. sec] 9[sec] 12............................. 48°27[min]09.2[ 125°08[min]29. sec] 9[sec] 13............................. 48°28[min]08.2[ 125°05[min]51. sec] 9[sec] 14............................. 48°29[min]43.2[ 125°00[min]10. sec] 9[sec] 15............................. 48°29[min]56.2[ 124°59[min]19. sec] 9[sec] 16............................. 48°30[min]13.2[ 124°54[min]56. sec] 9[sec] 17............................. 48°30[min]21.2[ 124°50[min]25. sec] 9[sec] 18............................. 48°30[min]10.2[ 124°47[min]17. sec] 9[sec] 19............................. 48°29[min]36.4[ 124°43[min]38. sec] 1[sec] 20............................. 48°28[min]08[se 124°38[min]13[ c] sec] 21............................. 48°23[min]17[se 124°38[min]13[ c] sec] ------------------------------------------------------------------------ Subpart P—Florida Keys National Marine Sanctuary top Source: 62 FR 32161, June 12, 1997, unless otherwise noted. § 922.160 Purpose. top (a) The purpose of the regulations in this subpart is to implement the comprehensive management plan for the Florida Keys National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary is designated, in order to protect, preserve and manage the conservation, ecological, recreational, research, educational, historical, and aesthetic resources and qualities of the area. In particular, the regulations in this part are intended to protect, restore, and enhance the living resources of the Sanctuary, to contribute to the maintenance of natural assemblages of living resources for future generations, to provide places for species dependent on such living resources to survive and propagate, to facilitate to the extent compatible with the primary objective of resource protection all public and private uses of the resources of the Sanctuary not prohibited pursuant to other authorities, to reduce conflicts between such compatible uses, and to achieve the other policies and purposes of the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act. (b) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the regulations in their entirety with any proposed changes thereto, including those regulations in subparts A and E of this part that apply to the Sanctuary. The Governor of the State of Florida will have the opportunity to review the re-proposed regulations before they take effect and if the Governor certifies such regulations as unacceptable, they will not take effect in State waters of the Sanctuary. § 922.161 Boundary. top The Sanctuary consists of an area of approximately 2900 square nautical miles (9,800 square kilometers) of coastal and ocean waters, and the submerged lands thereunder, surrounding the Florida Keys in Florida. Appendix I to this subpart sets forth the precise Sanctuary boundary. [66 FR 4369, Jan. 17, 2001] § 922.162 Definitions. top (a) The following definitions apply to the Florida Keys National Marine Sanctuary regulations. To the extent that a definition appears in §922.3 and this section, the definition in this section governs. Acts means the Florida Keys National Marine Sanctuary and Protection Act, as amended, (FKNMSPA) (Pub. L. 101–605), and the National Marine Sanctuaries Act (NMSA), also known as Title III of the Marine Protection, Research, and Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq.). Adverse effect means any factor, force, or action that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms any Sanctuary resource, as defined in section 302(8) of the NMSA (16 U.S.C. 1432(8)) and in this section, or any of the qualities, values, or purposes for which the Sanctuary is designated. Airboat means a vessel operated by means of a motor driven propeller that pushes air for momentum. Areas To Be Avoided means the areas in which vessel operations are prohibited pursuant to section 6(a)(1) of the FKNMSPA (see §922.164(a)). Appendix VII to this subpart sets forth the geographic coordinates of these areas, including any modifications thereto made in accordance with section 6(a)(3) of the FKNMSPA. Closed means all entry or use is prohibited. Coral means the corals of the Class Hydrozoa (stinging and hydrocorals); the Class Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals) and Antipatharia (black corals). Coral area means marine habitat where coral growth abounds including patch reefs, outer bank reefs, deepwater banks, and hardbottoms. Coral reefs means the hard bottoms, deep-water banks, patch reefs, and outer bank reefs. Ecological Reserve means an area of the Sanctuary consisting of contiguous, diverse habitats, within which uses are subject to conditions, restrictions and prohibitions, including access restrictions, intended to minimize human influences, to provide natural spawning, nursery, and permanent residence areas for the replenishment and genetic protection of marine life, and also to protect and preserve natural assemblages of habitats and species within areas representing a broad diversity of resources and habitats found within the Sanctuary. Appendix IV to this subpart sets forth the geographic coordinates of these areas. Existing Management Area means an area of the Sanctuary that is within or is a resource management area established by NOAA or by another Federal authority of competent jurisdiction as of the effective date of these regulations where protections above and beyond those provided by Sanctuary-wide prohibitions and restrictions are needed to adequately protect resources. Appendix II to this subpart sets forth the geographic coordinates of these areas. Exotic species means a species of plant, invertebrate, fish, amphibian, reptile or mammal whose natural zoogeographic range would not have included the waters of the Atlantic Ocean, Caribbean, or Gulf of Mexico without passive or active introduction to such area through anthropogenic means. Fish means finfish, mollusks, crustaceans, and all forms of marine animal and plant life other than marine mammals and birds. Fishing means: (1) The catching, taking, or harvesting of fish; the attempted catching, taking, or harvesting of fish; any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or any operation at sea in support of, or in preparation for, any activity described in this subparagraph (1). (2) Such term does not include any scientific research activity which is conducted by a scientific research vessel. Hardbottom means a submerged marine community comprised of organisms attached to exposed solid rock substrate. Hardbottom is the substrate to which corals may attach but does not include the corals themselves. Idle speed only/no-wake means a speed at which a boat is operated that is no greater than 4 knots or does not produce a wake. Idle speed only/no-wake zone means a portion of the Sanctuary where the speed at which a boat is operated may be no greater than 4 knots or may not produce a wake. Length overall (LOA) or length means, as used in §922.167 with respect to a vessel, the horizontal distance, rounded to the nearest foot (with 0.5 ft and above rounded upward), between the foremost part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments. Live rock means any living marine organism or an assemblage thereof attached to a hard substrate, including dead coral or rock but not individual mollusk shells (e.g., scallops, clams, oysters). Living marine organisms associated with hard bottoms, banks, reefs, and live rock may include, but are not limited to: sea anemones (Phylum Cnidaria: Class Anthozoa: Order Actinaria); sponges (Phylum Porifera); tube worms (Phylum Annelida), including fan worms, feather duster worms, and Christmas tree worms; bryozoans (Phylum Bryzoa); sea squirts (Phylum Chordata); and marine algae, including Mermaid's fan and cups (Udotea spp.), corraline algae, green feather, green grape algae (Caulerpa spp.) and watercress (Halimeda spp.). Marine life species means any species of fish, invertebrate, or plant included in sections (2), (3), or (4) of Rule 46–42.001, Florida Administrative Code, reprinted in Appendix VIII to this subpart. Military activity means an activity conducted by the Department of Defense with or without participation by foreign forces, other than civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers. No-access buffer zone means a portion of the Sanctuary where vessels are prohibited from entering regardless of the method of propulsion. No motor zone means an area of the Sanctuary where the use of internal combustion motors is prohibited. A vessel with an internal combustion motor may access a no motor zone only through the use of a push pole, paddle, sail, electric motor or similar means of operation but is prohibited from using it's internal combustion motor. Not available for immediate use means not readily accessible for immediate use, e.g., by being stowed unbaited in a cabin, locker, rod holder, or similar storage area, or by being securely covered and lashed to a deck or bulkhead. Officially marked channel means a channel marked by Federal, State of Florida, or Monroe County officials of competent jurisdiction with navigational aids except for channels marked idle speed only/no wake. Personal watercraft means any jet or air-powered watercraft operated by standing, sitting, or kneeling on or behind the vessel, in contrast to a conventional boat, where the operator stands or sits inside the vessel, and that uses an inboard engine to power a water jet pump for propulsion, instead of a propeller as in a conventional boat. Prop dredging means the use of a vessel's propulsion wash to dredge or otherwise alter the seabed of the Sanctuary. Prop dredging includes, but is not limited to, the use of propulsion wash deflectors or similar means of dredging or otherwise altering the seabed of the Sanctuary. Prop dredging does not include the disturbance to bottom sediments resulting from normal vessel propulsion. Prop scarring means the injury to seagrasses or other immobile organisms attached to the seabed of the Sanctuary caused by operation of a vessel in a manner that allows its propeller or other running gear, or any part thereof, to cause such injury (e.g., cutting seagrass rhizomes). Prop scarring does not include minor disturbances to bottom sediments or seagrass blades resulting from normal vessel propulsion. Residential shoreline means any man-made or natural: (1) Shoreline, (2) Canal mouth, (3) Basin, or (4) Cove adjacent to any residential land use district, including improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the Monroe County land development regulations. Sanctuary means the Florida Keys National Marine Sanctuary. Sanctuary Preservation Area means an area of the Sanctuary that encompasses a discrete, biologically important area, within which uses are subject to conditions, restrictions and prohibitions, including access restrictions, to avoid concentrations of uses that could result in significant declines in species populations or habitat, to reduce conflicts between uses, to protect areas that are critical for sustaining important marine species or habitats, or to provide opportunities for scientific research. Appendix V to this subpart sets forth the geographic coordinates of these areas. Sanctuary wildlife means any species of fauna, including avifauna, that occupy or utilize the submerged resources of the Sanctuary as nursery areas, feeding grounds, nesting sites, shelter, or other habitat during any portion of their life cycles. Seagrass means any species of marine angiosperms (flowering plants) that inhabit portions of the seabed in the Sanctuary. Those species include, but are not limited to: Thalassia testudinum (turtle grass); Syringodium filiforme (manatee grass); Halodule wrightii (shoal grass); Halophila decipiens, H. engelmannii, H. johnsonii; and Ruppia maritima. Special-use Area means an area of the Sanctuary set aside for scientific research and educational purposes, recovery or restoration of Sanctuary resources, monitoring, to prevent use or user conflicts, to facilitate access and use, or to promote public use and understanding of Sanctuary resources. Appendix VI to this subpart sets forth the geographic coordinates of these areas. Stem means the foremost part of a vessel, consisting of a section of timber or fiberglass, or cast, forged, or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united to the keel, and with the bowsprit, if one is present, resting on the upper end. Stern means the aftermost part of the vessel. Tank vessel means any vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that— (1) Is a United States flag vessel; (2) Operates on the navigable waters of the United States; or (3) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States [46 U.S.C. 2101]. Traditional fishing means those commercial or recreational fishing activities that were customarily conducted within the Sanctuary prior to its designation as identified in the Environmental Impact Statement and Management Plan for this Sanctuary. Tropical fish means any species included in section (2) of Rule 46–42.001, Florida Administrative Code, reproduced in Appendix VIII to this subpart, or any part thereof. Vessel means a watercraft of any description, including, but not limited to, motorized and non-motorized watercraft, personal watercraft, airboats, and float planes while maneuvering on the water, capable of being used as a means of transportation in/on the waters of the Sanctuary. For purposes of this part, the terms “vessel,” “watercraft,” and “boat” have the same meaning. Wildlife Management Area means an area of the Sanctuary established for the management, protection, and preservation of Sanctuary wildlife resources, including such an area established for the protection and preservation of endangered or threatened species or their habitats, within which access is restricted to minimize disturbances to Sanctuary wildlife; to ensure protection and preservation consistent with the Sanctuary designation and other applicable law governing the protection and preservation of wildlife resources in the Sanctuary. Appendix III to this subpart lists these areas and their access restrictions. (b) Other terms appearing in the regulations in this part are defined at 15 CFR 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 16 U.S.C. 1431 et seq. [62 FR 32161, June 12, 1997, as amended at 66 FR 4369, Jan. 17, 2001] § 922.163 Prohibited activities—Sanctuary-wide. top (a) Except as specified in paragraph (b) through (e) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Mineral and hydrocarbon exploration, development and production. Exploring for, developing, or producing minerals or hydrocarbons within the Sanctuary. (2) Removal of, injury to, or possession of coral or live rock. (i) Moving, removing, taking, harvesting, damaging, disturbing, breaking, cutting, or otherwise injuring, or possessing (regardless of where taken from) any living or dead coral, or coral formation, or attempting any of these activities, except as permitted under 50 CFR part 638. (ii) Harvesting, or attempting to harvest, any live rock from the Sanctuary, or possessing (regardless of where taken from) any live rock within the Sanctuary, except as authorized by a permit for the possession or harvest from aquaculture operations in the Exclusive Economic Zone, issued by the National Marine Fisheries Service pursuant to applicable regulations under the appropriate Fishery Management Plan, or as authorized by the applicable State authority of competent jurisdiction within the Sanctuary for live rock cultured on State submerged lands leased from the State of Florida, pursuant to applicable State law. See §370.027, Florida Statutes and implementing regulations. (3) Alteration of, or construction on, the seabed. Drilling into, dredging, or otherwise altering the seabed of the Sanctuary, or engaging in prop-dredging; or constructing, placing or abandoning any structure, material, or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels in a manner not otherwise prohibited by this part (see §§922.163(a)(5)(ii) and 922.164(d)(1)(v)); (ii) Traditional fishing activities not otherwise prohibited by this part; (iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any Federal, State, or local authority of competent jurisdiction; (iv) Harbor maintenance in areas necessarily associated with Federal water resource development projects in existence on July 1, 1997, including maintenance dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters or jetties; (v) Construction, repair, replacement, or rehabilitation of docks, seawalls, breakwaters, piers, or marinas with less than ten slips authorized by any valid lease, permit, license, approval, or other authorization issued by any Federal, State, or local authority of competent jurisdiction. (4) Discharge or deposit of materials or other matter. (i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter, except: (A) Fish, fish parts, chumming materials, or bait used or produced incidental to and while conducting a traditional fishing activity in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by a marine sanitation device approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., deck wash down and graywater as defined in section 312 of the FWPCA), excluding oily wastes from bilge pumping; or (D) Cooling water from vessels or engine exhaust; (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed in paragraph (a)(4)(i) (A) through (D) of this section and those authorized under Monroe County land use permits or under State permits. (5) Operation of vessels. (i) Operating a vessel in such a manner as to strike or otherwise injure coral, seagrass, or any other immobile organism attached to the seabed, including, but not limited to, operating a vessel in such a manner as to cause prop-scarring. (ii) Having a vessel anchored on living coral other than hardbottom in water depths less than 40 feet when visibility is such that the seabed can be seen. (iii) Except in officially marked channels, operating a vessel at a speed greater than 4 knots or in manner which creates a wake: (A) Within an area designated idle speed only/no wake; (B) Within 100 yards of navigational aids indicating emergent or shallow reefs (international diamond warning symbol); (C) Within 100 feet of the red and white “divers down” flag (or the blue and white “alpha” flag in Federal waters); (D) Within 100 yards of residential shorelines; or (E) Within 100 yards of stationary vessels. (iv) Operating a vessel in such a manner as to injure or take wading, roosting, or nesting birds or marine mammals. (v) Operating a vessel in a manner which endangers life, limb, marine resources, or property. (6) Conduct of diving/snorkeling without flag. Diving or snorkeling without flying in a conspicuous manner the red and white “divers down” flag (or the blue and white “alpha” flag in Federal waters). (7) Release of exotic species. Introducing or releasing an exotic species of plant, invertebrate, fish, amphibian, or mammals into the Sanctuary. (8) Damage or removal of markers. Marking, defacing, or damaging in any way or displacing, removing, or tampering with any official signs, notices, or placards, whether temporary or permanent, or with any navigational aids, monuments, stakes, posts, mooring buoys, boundary buoys, trap buoys, or scientific equipment. (9) Movement of, removal of, injury to, or possession of Sanctuary historical resources. Moving, removing, injuring, or possessing, or attempting to move, remove, injure, or possess, a Sanctuary historical resource. (10) Take or possession of protected wildlife. Taking any marine mammal, sea turtle, or seabird in or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended, (MBTA) 16 U.S.C. 703 et seq. (11) Possession or use of explosives or electrical charges. Possessing, or using explosives, except powerheads, or releasing electrical charges within the Sanctuary. (12) Harvest or possession of marine life species. Harvesting, possessing, or landing any marine life species, or part thereof, within the Sanctuary, except in accordance with rules 46–42.001 through 46–42.003, 46–42.0035, and 46–42.004 through 46–42.007, and 46.42.009 of the Florida Administrative Code, reproduced in Appendix VIII to this subpart, and such rules shall apply mutatis mutandis (with necessary editorial changes) to all Federal and State waters within the Sanctuary. (13) Interference with law enforcement. Interfering with, obstructing, delaying or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Acts or any regulation or permit issued under the Acts. (b) Notwithstanding the prohibitions in this section and in §922.164, and any access and use restrictions imposed pursuant thereto, a person may conduct an activity specifically authorized by, and conducted in accordance with the scope, purpose, terms, and conditions of, a National Marine Sanctuary permit issued pursuant to §922.166. (c) Notwithstanding the prohibitions in this section and in §922.164, and any access and use restrictions imposed pursuant thereto, a person may conduct an activity specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence on the effective date of these regulations, or by any valid right of subsistence use or access in existence on the effective date of these regulations, provided that the holder of such authorization or right complies with §922.167 and with any terms and conditions on the exercise of such authorization or right imposed by the Director as a condition of certification as he or she deems reasonably necessary to achieve the purposes for which the Sanctuary was designated. (d) Notwithstanding the prohibitions in this section and in §922.164, and any access and use restrictions imposed pursuant thereto, a person may conduct an activity specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of these regulations, provided that the applicant complies with §922.168, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of these regulations constitute authorizations issued after the effective date of these regulations. (e)(1) All military activities shall be carried out in a manner that avoids to the maximum extent practical any adverse impacts on Sanctuary resources and qualities. The prohibitions in paragraph (a) of this section and §922.164 do not apply to existing classes of military activities which were conducted prior to the effective date of these regulations, as identified in the Environmental Impact Statement and Management Plan for the Sanctuary. New military activities in the Sanctuary are allowed and may be exempted from the prohibitions in paragraph (a) of this section and in §922.164 by the Director after consultation between the Director and the Department of Defense pursuant to section 304(d) of the NMSA. When a military activity is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource or quality in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA, or it is likely to destroy, cause the loss of, or injure a Sanctuary resource or quality not previously considered in a previous consultation under section 304(d) of the NMSA, the activity is considered a new activity for purposes of this paragraph. If it is determined that an activity may be carried out, such activity shall be carried out in a manner that avoids to the maximum extent practical any adverse impact on Sanctuary resources and qualities. (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (f) The prohibitions contained in paragraph (a)(5) of this section do not apply to Federal, State and local officers while performing enforcement duties and/or responding to emergencies that threaten life, property, or the environment in their official capacity. (g) Notwithstanding paragraph (b) of this section and paragraph (a) of §922.168, in no event may the Director issue a permit under §922.166 authorizing, or otherwise approve, the exploration for, leasing, development, or production of minerals or hydrocarbons within the Sanctuary, the disposal of dredged material within the Sanctuary other than in connection with beach renourishment or Sanctuary restoration projects, or the discharge of untreated or primary treated sewage (except by a certification, pursuant to §922.167, of a valid authorization in existence on the effective date of these regulations), and any purported authorizations issued by other authorities after the effective date of these regulations for any of these activities within the Sanctuary shall be invalid. (h) Any amendment to these regulations shall not take effect in Florida State waters until approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Any fishery regulations in the Sanctuary shall not take effect in Florida State waters until established by the Florida Marine Fisheries Commission. § 922.164 Additional activity regulations by Sanctuary area. top In addition to the prohibitions set forth in §922.163, which apply throughout the Sanctuary, the following regulations apply with respect to activities conducted within the Sanctuary areas described in this section and in Appendix (II) through (VII) to this subpart. Activities located within two or more overlapping Sanctuary areas are concurrently subject to the regulations applicable to each overlapping area. (a) Areas to be avoided. Operating a tank vessel or a vessel greater than 50 meters in registered length is prohibited in all areas to be avoided, except if such vessel is a public vessel and its operation is essential for national defense, law enforcement, or responses to emergencies that threaten life, property, or the environment. Appendix VII to this subpart sets forth the geographic coordinates of these areas. (b) Existing management areas—(1) Key Largo and Looe Key Management Areas. The following activities are prohibited within the Key Largo and Looe Key Management Areas (also known as the Key Largo and Looe Key National Marine Sanctuaries) described in Appendix II to this subpart: (i) Removing, taking, damaging, harmfully disturbing, breaking, cutting, spearing or similarly injuring any coral or other marine invertebrate, or any plant, soil, rock, or other material, except commercial taking of spiny lobster and stone crab by trap and recreational taking of spiny lobster by hand or by hand gear which is consistent with these regulations and the applicable regulations implementing the applicable Fishery Management Plan. (ii) Taking any tropical fish. (iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or anchored bottom fishing gear or nets. (iv) Fishing with, carrying or possessing, except while passing through without interruption or for law enforcement purposes: pole spears, air rifles, bows and arrows, slings, Hawaiian slings, rubber powered arbaletes, pneumatic and spring-loaded guns or similar devices known as spearguns. (2) Great White Heron and Key West National Wildlife Refuge Management Areas. Operating a personal watercraft, operating an airboat, or water skiing except within Township 66 South, Range 29 East, Sections 5, 11, 12 and 14; Township 66 South, Range 28 East, Section 2; Township 67 South, Range 26 East, Sections 16 and 20, all Tallahassee Meridian, are prohibited within the marine portions of the Great White Heron and Key West National Wildlife Refuge Management Areas described in Appendix II to this subpart. (c) Wildlife management areas. (1) Marine portions of the Wildlife Management Areas listed in Appendix III to this subpart or portions thereof may be designated “idle speed only/no-wake,” “no-motor” or “no-access buffer” zones or “closed”. The Director, in cooperation with other Federal, State, or local resource management authorities, as appropriate, shall post signs conspicuously, using mounting posts, buoys, or other means according to location and purpose, at appropriate intervals and locations, clearly delineating an area as an “idle speed only/no wake”, a “no-motor”, or a “no-access buffer” zone or as “closed”, and allowing instant, long-range recognition by boaters. Such signs shall display the official logo of the Sanctuary. (2) The following activities are prohibited within the marine portions of the Wildlife Management Areas listed in Appendix III to this subpart: (i) In those marine portions of any Wildlife Management Area designated an “idle speed only/no wake” zone in Appendix III to this subpart, operating a vessel at a speed greater that idle speed only/no wake. (ii) In those marine portions of any Wildlife Management Area designated a “no-motor” zone in Appendix III to this subpart, using internal combustion motors or engines for any purposes. A vessel with an internal combustion motor or engine may access a “no-motor” zone only through the use of a push pole, paddle, sail, electric motor or similar means of propulsion. (iii) In those marine portions of any Wildlife Management Area designated a “no-access buffer” zone in Appendix III of this subpart, entering the area by vessel. (iv) In those marine portions of any Wildlife Management Area designated as closed in Appendix III of this subpart, entering or using the area. (3) The Director shall coordinate with other Federal, State, or local resource management authorities, as appropriate, in the establishment and enforcement of access restrictions described in paragraph (c)(2) (i)–(iv) of this section in the marine portions of Wildlife Management Areas. (4) The Director may modify the number and location of access restrictions described in paragraph (c)(2) (i)–(iv) of this section within the marine portions of a Wildlife Management Area if the Director finds that such action is reasonably necessary to minimize disturbances to Sanctuary wildlife, or to ensure protection and preservation of Sanctuary wildlife consistent with the purposes of the Sanctuary designation and other applicable law governing the protection and preservation of wildlife resources in the Sanctuary. The Director will effect such modification by: (i) Publishing in the Federal Register, after notice and an opportunity for public comments in accordance, an amendment to the list of such areas set forth in Appendix III to this subpart, and a notice regarding the time and place where maps depicting the precise locations of such restrictions will be made available for public inspection, and (ii) Posting official signs delineating such restrictions in accordance with paragraph (c)(1) of this section. (d) Ecological Reserves and Sanctuary Preservation Areas. (1) The following activities are prohibited within the Ecological Reserves described in Appendix IV to this subpart, and within the Sanctuary Preservation Areas, described in Appendix V to this subpart: (i) Discharging or depositing any material or other matter except cooling water or engine exhaust. (ii) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities. However, fish, invertebrates, and marine plants may be possessed aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such resources can be shown not to have been harvested within, removed from, or taken within, the Ecological Reserve or Sanctuary Preservation Area, as applicable, by being stowed in a cabin, locker, or similar storage area prior to entering and during transit through such reserves or areas, provided further that in an Ecological Reserve or Sanctuary Preservation Area located in Florida State waters, such vessel is in continuous transit through the Ecological Reserve or Sanctuary Preservation Area. (iii) Except for catch and release fishing by trolling in the Conch Reef, Alligator Reef, Sombrero Reef, and Sand Key SPAs, fishing by any means. However, gear capable of harvesting fish may be aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such gear is not available for immediate use when entering and during transit through such Ecological Reserve or Sanctuary Preservation Area, and no presumption of fishing activity shall be drawn therefrom. (iv) Touching living or dead coral, including but not limited to, standing on a living or dead coral formation. (v) Anchoring in the Tortugas Ecological Reserve. In all other Ecological Reserves and Sanctuary Preservation Areas, placing any anchor in a way that allows the anchor or any portion of the anchor apparatus (including the anchor, chain or rope) to touch living or dead coral, or any attached living organism. When anchoring dive boats, the first diver down must inspect the anchor to ensure that it is not touching living or dead coral, and will not shift in such a way as to touch such coral or other attached organism. No further diving shall take place until the anchor is placed in accordance with these requirements. (vi) Except in the Tortugas Ecological Reserve where mooring buoys must be used, anchoring instead of mooring when a mooring buoy is available or anchoring in other than a designated anchoring area when such areas have been designated and are available. (vii) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of this section, violating a temporary access restriction imposed by the Director pursuant to paragraph (d)(2) of this section. (viii) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of this section: entering the Tortugas South area of the Tortugas Ecological Reserve; or entering the Tortugas North area of the Tortugas Ecological Reserve without a valid access permit issued pursuant to §922.167 or entering or leaving the Tortugas North area with a valid access permit issued pursuant to §922.167 without notifying FKNMS staff at the Dry Tortugas National Park office by telephone or radio no less than 30 minutes and no more than 6 hours, before entering and upon leaving the Tortugas Ecological Reserve. (ix) Tying a vessel greater than 100 feet (30.48 meters) LOA, or tying more than one vessel (other than vessels carried on board a vessel) if the combined lengths would exceed 100 feet (30.48 meters) LOA, to a mooring buoy or to a vessel tied to a mooring buoy in the Tortugas Ecological Reserve. (2) The Director may temporarily restrict access to any portion of any Sanctuary Preservation Area or Ecological Reserve if the Director, on the basis of the best available data, information and studies, determines that a concentration of use appears to be causing or contributing to significant degradation of the living resources of the area and that such action is reasonably necessary to allow for recovery of the living resources of such area. The Director will provide for continuous monitoring of the area during the pendency of the restriction. The Director will provide public notice of the restriction by publishing a notice in the Federal Register, and by such other means as the Director may deem appropriate. The Director may only restrict access to an area for a period of 60 days, with one additional 60 day renewal. The Director may restrict access to an area for a longer period pursuant to a notice and opportunity for public comment rulemaking under the Administrative Procedure Act. Such restriction will be kept to the minimum amount of area necessary to achieve the purposes thereof. (e) Special-use Areas. (1) The Director may set aside discrete areas of the Sanctuary as Special-use Areas, and, by designation pursuant to this paragraph, impose the access and use restrictions specified in paragraph (e)(3) of this section. Special-use Areas are described in Appendix VI to this subpart, in accordance with the following designations and corresponding objectives: (i) “Recovery area” to provide for the recovery of Sanctuary resources from degradation or other injury attributable to human uses; (ii) “Restoration area” to provide for restoration of degraded or otherwise injured Sanctuary resources; (iii) “Research-only area” to provide for scientific research or education relating to protection and management, through the issuance of a Sanctuary General permit for research pursuant to §922.166 of these regulations; and (iv) “Facilitated-use area” to provide for the prevention of use or user conflicts or the facilitation of access and use, or to promote public use and understanding, of Sanctuary resources through the issuance of special-use permits. (2) A Special-use Area shall be no larger than the size the Director deems reasonably necessary to accomplish the applicable objective. (3) Persons conducting activities within any Special-use Area shall comply with the access and use restrictions specified in this paragraph and made applicable to such area by means of its designation as a “recovery area,” “restoration area,” “research-only area,” or “facilitated-use area.” Except for passage without interruption through the area or for law enforcement purposes, no person may enter a Special-use Area except to conduct or cause to be conducted the following activities: (i) In such area designated as a “recovery area” or a “restoration area”, habitat manipulation related to restoration of degraded or otherwise injured Sanctuary resources, or activities reasonably necessary to monitor recovery of degraded or otherwise injured Sanctuary resources; (ii) In such area designated as a “research only area”, scientific research or educational use specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a valid National Marine Sanctuary General or Historical Resources permit, or (iii) In such area designated as a “facilitated-use area”, activities specified by the Director or specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a valid Special-use permit. (4)(i) The Director may modify the number of, location of, or designations applicable to, Special-use Areas by publishing in the Federal Register, after notice and an opportunity for public comment in accordance with the Administrative Procedure Act, an amendment to Appendix VI to this subpart, except that, with respect to such areas designated as a “recovery area,” “restoration area,” or “research only area,” the Director may modify the number of, location of, or designation applicable to, such areas by publishing a notice of such action in the Federal Register if the Director determines that immediate action is reasonably necessary to: (A) Prevent significant injury to Sanctuary resources where circumstances create an imminent risk to such resources; (B) Initiate restoration activity where a delay in time would significantly impair the ability of such restoration activity to succeed; (C) Initiate research activity where an unforeseen natural event produces an opportunity for scientific research that may be lost if research is not initiated immediately. (ii) If the Director determines that a notice of modification must be promulgated immediately in accordance with paragraph (e)(4)(i) of this section, the Director will, as part of the same notice, invite public comment and specify that comments will be received for 15 days after the effective date of the notice. As soon as practicable after the end of the comment period, the Director will either rescind, modify or allow the modification to remain unchanged through notice in the Federal Register. (f) Additional Wildlife Management Areas, Ecological Reserves, Sanctuary Preservation Areas, or Special-use Areas, and additional restrictions in such areas, shall not take effect in Florida State waters unless first approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. (g) Anchoring on Tortugas Bank. Vessels 50 meters or greater in registered length, are prohibited from anchoring on the portion of Tortugas Bank within the Florida Keys National Marine Sanctuary west of the Dry Tortugas National Park that is outside of the Tortugas Ecological Reserve. The boundary of the area closed to anchoring by vessels 50 meters or greater in registered length is formed by connecting in succession the points at the following coordinates (based on the North American Datum of 1983): (1) 24 deg. 32.00' N 83 deg. 00.05' W (2) 24 deg. 37.00' N 83 deg. 06.00' W (3) 24 deg. 39.00' N 83 deg. 06.00' W (4) 24 deg. 39.00' N 83 deg. 00.05' W (5) 24 deg. 32.00' N 83 deg. 00.05' W [62 FR 32161, June 12, 1997, as amended at 63 FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, 2001] § 922.165 Emergency regulations. top Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Emergency regulations shall not take effect in Florida territorial waters until approved by the Governor of the State of Florida. Any temporary regulation may be in effect for up to 60 days, with one 60-day extension. Additional or extended action will require notice and comment rulemaking under the Administrative Procedure Act, notice in local newspapers, notice to Mariners, and press releases. § 922.166 Permits other than for access to the Tortugas Ecological Reserve—application procedures and issuance criteria. top (a) National Marine Sanctuary General Permit. (1) A person may conduct an activity prohibited by §§922.163 or 922.164, other than an activity involving the survey/inventory, research/recovery, or deaccession/transfer of Sanctuary historical resources, if such activity is specifically authorized by, and provided such activity is conducted in accordance with the scope, purpose, terms and conditions of, a National Marine Sanctuary General permit issued under this paragraph (a). (2) The Director, at his or her discretion, may issue a General permit under this paragraph (a), subject to such terms and conditions as he or she deems appropriate, if the Director finds that the activity will: (i) Further research or monitoring related to Sanctuary resources and qualities; (ii) Further the educational value of the Sanctuary; (iii) Further the natural or historical resource value of the Sanctuary; (iv) Further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; (v) Assist in managing the Sanctuary; or (vi) Otherwise further Sanctuary purposes, including facilitating multiple use of the Sanctuary, to the extent compatible with the primary objective of resource protection. (3) The Director shall not issue a General permit under this paragraph (a), unless the Director also finds that: (i) The applicant is professionally qualified to conduct and complete the proposed activity; (ii) The applicant has adequate financial resources available to conduct and complete the proposed activity; (iii) The duration of the proposed activity is no longer than necessary to achieve its stated purpose; (iv) The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity's goals in relation to the activity's impacts on Sanctuary resources and qualities; (v) The proposed activity will be conducted in a manner compatible with the primary objective of protection of Sanctuary resources and qualities, considering the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities, any indirect, secondary or cumulative effects of the activity, and the duration of such effects; (vi) It is necessary to conduct the proposed activity within the Sanctuary to achieve its purposes; and (vii) The reasonably expected end value of the activity to the furtherance of Sanctuary goals and purposes outweighs any potential adverse impacts on Sanctuary resources and qualities from the conduct of the activity. (4) For activities proposed to be conducted within any of the areas described in §922.164 (b)–(e), the Director shall not issue a permit unless he or she further finds that such activities will further and are consistent with the purposes for which such area was established, as described in §§922.162 and 922.164 and in the management plan for the Sanctuary. (b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit. (1) A person may conduct an activity prohibited by §§922.163 or 922.164 involving the survey/inventory of Sanctuary historical resources if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, terms and conditions of, a Survey/Inventory of Historical Resources permit issued under this paragraph (b). Such permit is not required if such survey/inventory activity does not involve any activity prohibited by §§922.163 or 922.164. Thus, survey/inventory activities that are non-intrusive, do not include any excavation, removal, or recovery of historical resources, and do not result in destruction of, loss of, or injury to Sanctuary resources or qualities do not require a permit. However, if a survey/inventory activity will involve test excavations or removal of artifacts or materials for evaluative purposes, a Survey/Inventory of Historical Resources permit is required. Regardless of whether a Survey/Inventory permit is required, a person may request such permit. Persons who have demonstrated their professional abilities under a Survey/Inventory permit will be given preference over other persons in consideration of the issuance of a Research/Recovery permit. While a Survey/Inventory permit does not grant any rights with regards to areas subject to pre-existing rights of access which are still valid, once a permit is issued for an area, other survey/inventory permits will not be issued for the same area during the period for which the permit is valid. (2) The Director, at his or her discretion, may issue a Survey/Inventory permit under this paragraph (b), subject to such terms and conditions as he or she deems appropriate, if the Director finds that such activity: (i) Satisfies the requirements for a permit issued under paragraph (a)(3) of this section; (ii) Either will be non-intrusive, not include any excavation, removal, or recovery of historical resources, and not result in destruction of, loss of, or injury to Sanctuary resources or qualities, or if intrusive, will involve no more than the minimum manual alteration of the seabed and/or the removal of artifacts or other material necessary for evaluative purposes and will cause no significant adverse impacts on Sanctuary resources or qualities; and (iii) That such activity will be conducted in accordance with all requirements of the Programmatic Agreement for the Management of Submerged Cultural Resources in the Florida Keys National Marine Sanctuary among NOAA, the Advisory Council on Historic Preservation, and the State of Florida (hereinafter SCR Agreement), and that such permit issuance is in accordance with such SCR Agreement. Copies of the SCR Agreement may also be examined at, and obtained from, the Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1305 East-West Highway, 12th floor, Silver Spring, MD 20910; or from the Florida Keys National Marine Sanctuary Office, P.O. Box 500368, Marathon, FL 33050. (c) National Marine Sanctuary Research/Recovery of Sanctuary Historical Resources Permit. (1) A person may conduct any activity prohibited by §§922.163 or 922.164 involving the research/recovery of Sanctuary historical resources if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, terms and conditions of, a Research/Recovery of Historical Resources permit issued under this paragraph (c). (2) The Director, at his or her discretion, may issue a Research/Recovery of Historical Resources permit, under this paragraph (c), and subject to such terms and conditions as he or she deems appropriate, if the Director finds that: (i) Such activity satisfies the requirements for a permit issued under paragraph (a)(3) of this section; (ii) The recovery of the resource is in the public interest as described in the SCR Agreement; (iii) Recovery of the resource is part of research to preserve historic information for public use; and (iv) Recovery of the resource is necessary or appropriate to protect the resource, preserve historical information, and/or further the policies and purposes of the NMSA and the FKNMSPA, and that such permit issuance is in accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR Agreement. (d) National Marine Sanctuary Special-use Permit. (1) A person may conduct any commercial or concession-type activity prohibited by §§922.163 or 922.164, if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, terms and conditions of, a Special-use permit issued under this paragraph (d). A Special-use permit is required for the deaccession/transfer of Sanctuary historical resources. (2) The Director, at his or her discretion, may issue a Special-use permit in accordance with this paragraph (d), and subject to such terms and conditions as he or she deems appropriate and the mandatory terms and conditions of section 310 of the NMSA, if the Director finds that issuance of such permit is reasonably necessary to: establish conditions of access to and use of any Sanctuary resource; or promote public use and understanding of any Sanctuary resources. No permit may be issued unless the activity is compatible with the purposes for which the Sanctuary was designated and can be conducted in a manner that does not destroy, cause the loss of, or injure any Sanctuary resource, and if for the deaccession/transfer of Sanctuary Historical Resources, unless such permit issuance is in accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR Agreement. (3) The Director may assess and collect fees for the conduct of any activity authorized by a Special-use permit issued pursuant to this paragraph (d). No Special-use permit shall be effective until all assessed fees are paid, unless otherwise provided by the Director by a fee schedule set forth as a permit condition. In assessing a fee, the Director shall include: (i) All costs incurred, or expected to be incurred, in reviewing and processing the permit application, including, but not limited to, costs for: (A) Number of personnel; (B) Personnel hours; (C) Equipment; (D) Biological assessments; (E) Copying; and (F) Overhead directly related to reviewing and processing the permit application; (ii) All costs incurred, or expected to be incurred, as a direct result of the conduct of the activity for which the Special-use permit is being issued, including, but not limited to: (A) The cost of monitoring the conduct both during the activity and after the activity is completed in order to assess the impacts to Sanctuary resources and qualities; (B) The use of an official NOAA observer, including travel and expenses and personnel hours; and (C) Overhead costs directly related to the permitted activity; and (iii) An amount which represents the fair market value of the use of the Sanctuary resource and a reasonable return to the United States Government. (4) Nothing in this paragraph (d) shall be considered to require a person to obtain a permit under this paragraph for the conduct of any fishing activities within the Sanctuary. (e) Applications. (1) Applications for permits should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuary Superintendent, Florida Keys National Marine Sanctuary, P.O. Box 500368, Marathon, FL 33050. All applications must include: (i) A detailed description of the proposed activity including a timetable for completion of the activity and the equipment, personnel and methodology to be employed; (ii) The qualifications and experience of all personnel; (iii) The financial resources available to the applicant to conduct and complete the proposed activity; (iv) A statement as to why it is necessary to conduct the activity within the Sanctuary; (v) The potential impacts of the activity, if any, on Sanctuary resources and qualities; (vi) The benefit to be derived from the activity; and (vii) Such other information as the Director may request depending on the type of activity. Copies of all other required licenses, permits, approvals, or other authorizations must be attached to the application. (2) Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems reasonably necessary to act on the application and may seek the views of any persons. The Director may require a site visit as part of the permit evaluation. Unless otherwise specified, the information requested must be received by the Director within 30 days of the postmark date of the request. Failure to provide such additional information on a timely basis may be deemed by the Director to constitute abandonment or withdrawal of the permit application. (f) A permit may be issued for a period not exceeding five years. All permits will be reviewed annually to determine the permittee's compliance with permit scope, purpose, terms and conditions and progress toward reaching the stated goals and appropriate action taken under paragraph (g) of this section if warranted. A permittee may request permit renewal pursuant to the same procedures for applying for a new permit. Upon the permittee's request for renewal, the Director shall review all reports submitted by the permittee as required by the permit conditions. In order to renew the permit, the Director must find that the: (1) Activity will continue to further the purposes for which the Sanctuary was designated in accordance with the criteria applicable to the initial issuance of the permit; (2) Permittee has at no time violated the permit, or these regulations; and (3) The activity has not resulted in any unforeseen adverse impacts to Sanctuary resources or qualities. (g) The Director may amend, suspend, or revoke a permit for good cause. The Director may deny a permit application, in whole or in part, if it is determined that the permittee or applicant has acted in violation of a previous permit, of these regulations, of the NMSA or FKNMSPA, or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in Subpart D of 15 CFR part 904. (h) The applicant for or holder of a National Marine Sanctuary permit may appeal the denial, conditioning, amendment, suspension or revocation of the permit in accordance with the procedures set forth in §922.50. (i) A permit issued pursuant to this section other than a Special-use permit is nontransferable. Special-use permits may be transferred, sold, or assigned with the written approval of the Director. The permittee shall provide the Director with written notice of any proposed transfer, sale, or assignment no less than 30 days prior to its proposed consummation. Transfers, sales, or assignments consummated in violation of this requirement shall be considered a material breach of the Special-use permit, and the permit shall be considered void as of the consummation of any such transfer, sale, or assignment. (j) The permit or a copy thereof shall be maintained in legible condition on board all vessels or aircraft used in the conduct of the permitted activity and be displayed for inspection upon the request of any authorized officer. (k) Any permit issued pursuant to this section shall be subject to the following terms and conditions: (1) All permitted activities shall be conducted in a manner that does not destroy, cause the loss of, or injure Sanctuary resources or qualities, except to the extent that such may be specifically authorized. (2) The permittee agrees to hold the United States harmless against any claims arising out of the conduct of the permitted activities. (3) All necessary Federal, State, and local permits from all agencies with jurisdiction over the proposed activities shall be secured before commencing field operations. (l) In addition to the terms and conditions listed in paragraph (k) of this section, any permit authorizing the research/recovery of historical resources shall be subject to the following terms and conditions: (1) A professional archaeologist shall be in charge of planning, field recovery operations, and research analysis. (2) An agreement with a conservation laboratory shall be in place before field recovery operations are begun, and an approved nautical conservator shall be in charge of planning, conducting, and supervising the conservation of any artifacts and other materials recovered. (3) A curation agreement with a museum or facility for curation, public access and periodic public display, and maintenance of the recovered historical resources shall be in place before commencing field operations (such agreement for the curation and display of recovered historical resources may provide for the release of public artifacts for deaccession/transfer if such deaccession/transfer is consistent with preservation, research, education, or other purposes of the designation and management of the Sanctuary. Deaccession/transfer of historical resources requires a Special-use permit issued pursuant to paragraph (d) and such deaccession/transfer shall be executed in accordance with the requirements of the SCR Agreement). (4) The site's archaeological information is fully documented, including measured drawings, site maps drawn to professional standards, and photographic records. (m) In addition to the terms and conditions listed in paragraph (k) and (l) of this section, any permit issued pursuant to this section is subject to such other terms and conditions, including conditions governing access to, or use of, Sanctuary resources, as the Director deems reasonably necessary or appropriate and in furtherance of the purposes for which the Sanctuary is designated. Such terms and conditions may include, but are not limited to: (1) Any data or information obtained under the permit shall be made available to the public. (2) A NOAA official shall be allowed to observe any activity conducted under the permit. (3) The permittee shall submit one or more reports on the status, progress, or results of any activity authorized by the permit. (4) The permittee shall submit an annual report to the Director not later than December 31 of each year on activities conducted pursuant to the permit. The report shall describe all activities conducted under the permit and all revenues derived from such activities during the year and/or term of the permit. (5) The permittee shall purchase and maintain general liability insurance or other acceptable security against potential claims for destruction, loss of, or injury to Sanctuary resources arising out of the permitted activities. The amount of insurance or security should be commensurate with an estimated value of the Sanctuary resources in the permitted area. A copy of the insurance policy or security instrument shall be submitted to the Director. § 922.167 Permits for access to the Tortugas Ecological Reserve. top (a) A person may enter the Tortugas North area of the Tortugas Ecological Reserve other than for passage without interruption through the reserve, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of §922.164 , if authorized by a valid access permit issued pursuant to §922.167. (b)(1) Access permits must be requested at least 72 hours but no longer than one month before the date the permit is desired to be effective. Access permits do not require written applications or the payment of any fee. Permits may be requested via telephone or radio by contacting FKNMS at any of the following numbers: Key West office: telephone: (305) 292–0311 Marathon office: telephone: (305) 743–2437 (2) The following information must be provided, as applicable: (i) Vessel name. (ii) Name, address, and telephone number of owner and operator. (iii) Name, address, and telephone number of applicant. (iv) USCG documentation, state license, or registration number. (v) Home port. (vi) Length of vessel and propulsion type (i.e., motor or sail). (vii) Number of divers. (viii) Requested effective date and duration of permit (2 weeks, maximum). (c) The Sanctuary Superintendent will issue a permit to the owner or to the owner's representative for the vessel when all applicable information has been provided. The Sanctuary Superintendent will provide a permit number to the applicant and confirm the effective date and duration period of the permit. Written confirmation of permit issuance will be provided upon request. [66 FR 4370, Jan. 17, 2001] § 922.168 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity. top (a) A person may conduct an activity prohibited by §§922.163 or 922.164 if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence on July 1, 1997, or by any valid right of subsistence use or access in existence on July 1, 1997, provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of July 1, 1997, of the existence of such authorization or right and requests certification of such authorization or right; for the area added to the Sanctuary by the boundary expansion for the Tortugas Ecological Reserve, the holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of the boundary expansion, of the existence of such authorization or right and requests certification of such authorization or right. (2) The holder complies with the other provisions of this §922.168; and (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (b) The holder of an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by Secs. 922.163 or 922.164 may conduct the activity without being in violation of applicable provisions of Secs. 922.163 or 922.164, pending final agency action on his or her certification request, provided the holder is in compliance with this §922.168. (c) Any holder of an authorization or right described in paragraph (a) of this section may request the Director to issue a finding as to whether the activity for which the authorization has been issued, or the right given, is prohibited by Secs. 922.163 or 922.164, thus requiring certification under this section. (d) Requests for findings or certifications should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuary Superintendent, Florida Keys National Marine Sanctuary, P.O. Box 500368, Marathon, FL 33050. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The information requested must be received by the Director within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request. (f) The Director may amend any certification made under this §922.168 whenever additional information becomes available justifying such an amendment. (g) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this §922.168, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (h) Any time limit prescribed in or established under this §922.168 may be extended by the Director for good cause. (i) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in §922.50. (j) Any amendment, renewal, or extension made after July 1, 1997, to a lease, permit, license, approval, other authorization or right is subject to the provisions of §922.49. [66 FR 4369, Jan. 17, 2001] Appendix I to Subpart P of Part 922—Florida Keys National Marine Sanctuary Boundary Coordinates top (Appendix Based on North American Datum of 1983) (1) The boundary of the Florida Keys National Marine Sanctuary— (a) Begins at the northeasternmost point of Biscayne National Park located at approximately 25 degrees 39 minutes north latitude, 80 degrees 05 minutes west longitude, then runs eastward to the point at 25 degrees 39 minutes north latitude, 80 degrees 04 minutes west longitude; and (b) Then runs southward and connects in succession the points at the following coordinates: (i) 25 degrees 34 minutes north latitude, 80 degrees 04 minutes west longitude, (ii) 25 degrees 28 minutes north latitude, 80 degrees 05 minutes west longitude, and (iii) 25 degrees 21 minutes north latitude, 80 degrees 07 minutes west longitude; (iv) 25 degrees 16 minutes north latitude, 80 degrees 08 minutes west longitude; (c) Then runs southwesterly approximating the 300-foot isobath and connects in succession the points at the following coordinates: (i) 25 degrees 07 minutes north latitude, 80 degrees 13 minutes west longitude, (ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes west longitude, (iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes west longitude, (iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes west longitude, (v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes west longitude, (vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes west longitude, (vii) 24 degrees 37 minutes north latitude, 83 degrees 06 minutes west longitude, (viii) 24 degrees 46 minutes north latitude, 83 degrees 06 minutes west longitude, (ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes west longitude, (x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes west longitude, (xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes west longitude, and (xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes west longitude; (d) Then follows the boundary of Everglades National Park in a southerly then northeasterly direction through Florida Bay, Buttonwood Sound, Tarpon Basin, and Blackwater Sound; (e) After Division Point, then departs from the boundary of Everglades National Park and follows the western shoreline of Manatee Bay, Barnes Sound, and Card Sound; (f) then follows the southern boundary of Biscayne National Park to the southeasternmost point of Biscayne National Park; and (g) then follows the eastern boundary of Biscayne National Park to the beginning point specified in paragraph (a). (2) The shoreward boundary of the Florida Keys National Marine Sanctuary is the mean high-water mark except around the Dry Tortugas where the boundary is coterminous with that of the Dry Tortugas National Park, formed by connecting in succession the points at the following coordinates: (a) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; (b) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 second west longitude; (c) 24 degrees 39 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 seconds west longitude; (d) 24 degrees 43 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; (e) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 52 minutes 0 seconds west longitude; (f) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; (g) 24 degrees 42 minutes 0 seconds north latitude, 82 degrees 46 minutes, 0 seconds west longitude; (h) 24 degrees 40 minutes 0 seconds north latitude, 82 degrees 46 minutes 0 seconds west longitude; (i) 24 degrees 37 minutes 0 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; and (j) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude. (3) The Florida Keys National Marine Sanctuary also includes the area located within the boundary formed by connecting in succession the points at the following coordinates: (a) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude, (b) 24 degrees 33 minutes north latitude, 83 degrees 05 minutes west longitude, and (c) 24 degrees 18 minutes north latitude, 83 degrees 05 minutes west longitude; (d) 24 degrees 18 minutes north latitude, 83 degrees 09 minutes west longitude; and (e) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude. [66 FR 4370, Jan. 17, 2001] Appendix II to Subpart P of Part 922—Existing Management Areas Boundary Coordinates top (1) The boundary of each of the Existing Management Areas is formed by connecting in succession the points at the following coordinates: National Oceanic and Atmospheric Administration Key Largo-Management Area [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 80 deg.19[min]45[sec] deg.12[min]00[sec N ] W. 2............................. 25 80 deg.16[min]02[sec] deg.08[min]07[sec N ] W. 3............................. 25 80 deg.07[min]05[sec] deg.12[min]05[sec N ] W. 4............................. 24 80 deg.58[min]03[sec] deg.19[min]08[sec N ] W. 5............................. 25 80 deg.02[min]02[sec] deg.25[min]25[sec N ] W. 6............................. 25 80 deg.19[min]45[sec] deg.12[min]00[sec N ] W. ------------------------------------------------------------------------ Looe Key Management Area [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 81 deg.31[min]62[sec] deg.26[min]00[sec N ] W. 2............................. 24 81 deg.33[min]57[sec] deg.26[min]00[sec N ] W. 3............................. 24 81 deg.34[min]15[sec] deg.23[min]00[sec N ] W. 4............................. 24 81 deg.32[min]20[sec] deg.23[min]00[sec N ] W. 5............................. 24 81 deg.31[min]62[sec] deg.26[min]00[sec N ] W. ------------------------------------------------------------------------ United States Fish and Wildlife Service Great White Heron National Wildlife Refuge [Based on the North American Datum of 1983] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.43.8[min] N 81 deg.48.6[min] W. 2............................. 24 deg.43.8[min] N 81 deg.37.2[min] W. 3............................. 24 deg.49.2[min] N 81 deg.37.2[min] W. 4............................. 24 deg.49.2[min] N 81 deg.19.8[min] W. 5............................. 24 deg.48.0[min] N 81 deg.19.8[min] W. 6............................. 24 deg.48.0[min] N 81 deg.14.4[min] W. 7............................. 24 deg.49.2[min] N 81 deg.14.4[min] W. 8............................. 24 deg.49.2[min] N 81 deg.08.4[min] W. 9............................. 24 deg.43.8[min] N 81 deg.08.4[min] W. 10............................ 24 deg.43.8[min] N 81 deg.14.4[min] W. 11............................ 24 deg.43.2[min] N 81 deg.14.4[min] W. 12............................ 24 deg.43.2[min] N 81 deg.16.2[min] W. 13............................ 24 deg.42.6[min] N 81 deg.16.2[min] W. 14............................ 24 deg.42.6[min] N 81 deg.21.0[min] W. 15............................ 24 deg.41.4[min] N 81 deg.21.0[min] W. 16............................ 24 deg.41.4[min] N 81 deg.22.2[min] W. 17............................ 24 deg.43.2[min] N 81 deg.22.2[min] W. 18............................ 24 deg.43.2[min] N 81 deg.22.8[min] W. 19............................ 24 deg.43.8[min] N 81 deg.22.8[min] W. 20............................ 24 deg.43.8[min] N 81 deg.24.0[min] W. 21............................ 24 deg.43.2[min] N 81 deg.24.0[min] W. 22............................ 24 deg.43.2[min] N 81 deg.26.4[min] W. 23............................ 24 deg.43.8[min] N 81 deg.26.4[min] W. 24............................ 24 deg.43.8[min] N 81 deg.27.0[min] W. 25............................ 24 deg.43.2[min] N 81 deg.27.0[min] W. 26............................ 24 deg.43.2[min] N 81 deg.29.4[min] W. 27............................ 24 deg.42.6[min] N 81 deg.29.4[min] W. 28............................ 24 deg.42.6[min] N 81 deg.30.6[min] W. 29............................ 24 deg.41.4[min] N 81 deg.30.6[min] W. 30............................ 24 deg.41.4[min] N 81 deg.31.2[min] W. 31............................ 24 deg.40.8[min] N 81 deg.31.2[min] W. 32............................ 24 deg.40.8[min] N 81 deg.32.4[min] W. 33............................ 24 deg.41.4[min] N 81 deg.32.4[min] W. 34............................ 24 deg.41.4[min] N 81 deg.34.2[min] W. 35............................ 24 deg.40.8[min] N 81 deg.34.2[min] W. 36............................ 24 deg.48.0[min] N 81 deg.35.4[min] W. 37............................ 24 deg.39.6[min] N 81 deg.35.4[min] W. 38............................ 24 deg.39.6[min] N 81 deg.36.0[min] W. 39............................ 24 deg.39.0[min] N 81 deg.36.0[min] W. 40............................ 24 deg.39.0[min] N 81 deg.37.2[min] W. 41............................ 24 deg.37.8[min] N 81 deg.37.2[min] W. 42............................ 24 deg.37.8[min] N 81 deg.37.8[min] W. 43............................ 24 deg.37.2[min] N 81 deg.37.8[min] W. 44............................ 24 deg.37.2[min] N 81 deg.40.2[min] W. 45............................ 24 deg.36.0[min] N 81 deg.40.2[min] W. 46............................ 24 deg.36.0[min] N 81 deg.40.8[min] W. 47............................ 24 deg.35.4[min] N 81 deg.40.8[min] W. 48............................ 24 deg.35.4[min] N 81 deg.42.0[min] W. 49............................ 24 deg.36.0[min] N 81 deg.42.0[min] W. 50............................ 24 deg.36.0[min] N 81 deg.48.6[min] W. 51............................ 24 deg.43.8[min] N 81 deg.48.6[min] W. ------------------------------------------------------------------------ Key West National Wildlife Refuge [Based on the North American Datum of 1983] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.40.0[min] N 81 deg.49.0[min] W. 2............................. 24 deg.40.0[min] N 82 deg.10.0[min] W. 3............................. 24 deg.27.0[min] N 82 deg.10.0[min] W. 4............................. 24 deg.27.0[min] N 81 deg.49.0[min] W. 5............................. 24 deg.40.0[min] N 81 deg.49.0[min] W. ------------------------------------------------------------------------ (2) When differential Global Positioning Systems data becomes available, these coordinates may be publication in the Federal Register to reflect the increased accuracy of such data. [66 FR 4371, Jan. 17, 2001] Appendix III to Subpart P of Part 922—Wildlife Management Areas Access Restrictions top ------------------------------------------------------------------------ Area Access restrictions ------------------------------------------------------------------------ Bay Keys.................................. No-motor zone (300 feet) around one key; idle speed only/no-wake zones in tidal creeks. Boca Grande Key........................... South one-half of beach closed (beach above mean high water closed by Department of the Interior). Woman Key................................. One-half of beach and sand spit on southeast side closed (beach and sand spit above mean high water closed by Department of the Interior). Cayo Agua Keys............................ Idle speed only/no-wake zones in all navigable tidal creeks. Cotton Key................................ No-motor zone on tidal flat. Snake Creek............................... No-motor zone on tidal flat. Cottrell Key.............................. No-motor zone (300 feet) around entire key. Little Mullet Key......................... No-access buffer zone (300 feet) around entire key. Big Mullet Key............................ No-motor zone (300 feet) around entire key. Crocodile Lake............................ No-access buffer zone (100 feet) along shoreline between March 1 and October 1. East Harbor Key........................... No-access buffer zone (300 feet) around northernmost island. Lower Harbor Keys......................... Idle speed only/no-wake zones in selected tidal creeks. Eastern Lake Surprise..................... Idle speed only/no-wake zone east of highway U.S. 1. Horseshoe Key............................. No-access buffer zone (300 feet) around main island (main island closed by Department of the Interior). Marquesas Keys............................ (i) No-motor zones (300 feet) around three smallest keys on western side of chain; (ii) no-access buffer zone (300 feet) around one island at western side of chain; (iii) idle speed only/no- wake zone in southwest tidal creek. Tidal flat south of Marvin Key............ No-access buffer zone on tidal flat. Mud Keys.................................. (i) Idle speed only/no-wake zones in the two main tidal creeks; (ii) two smaller creeks on west side closed. Pelican Shoal............................. No-access buffer zone out to 50 meters from shore between April 1 and August 31 (shoal closed by the Florida Game and Freshwater Fish Commission). Rodriguez Key............................. No-motor zone on tidal flats. Dove Key.................................. No-motor zone on tidal flats; area around the two small islands closed. Tavernier Key............................. No-motor zone on tidal flats. Sawyer Keys............................... Tidal creeks on south side closed. Snipe Keys................................ (i) Idle speed only/no-wake zone in main tidal creek; (ii) no-motor zone in all other tidal creeks. Upper Harbor Key.......................... No-access buffer zone (300 feet) around entire key. East Content Keys......................... Idle speed only/no-wake zones in tidal creeks between southwesternmost keys. West Content Keys......................... Idle speed only/no-wake zones in selected tidal creeks; no-access buffer zone in one cove. Little Crane Key.......................... No-access buffer zone (300 feet) around entire key. ------------------------------------------------------------------------ Appendix IV to Subpart P of Part 922—Ecological Reserves Boundary top Coordinates (1) The boundary of the Western Sambo Ecological Reserve is formed by connecting in succession the points at the following coordinates: Western Sambo [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.33.70[min] N. 81 deg.40.80[min] W. 2............................. 24 deg.28.85[min] N. 81 deg.41.90[min] W. 3............................. 24 deg.28.50[min] N. 81 deg.43.70[min] W. 4............................. 24 deg.33.50[min] N. 81 deg.43.10[min] W. 5............................. 24 deg.33.70[min] N. 81 deg.40.80[min] W. ------------------------------------------------------------------------ (2) The Tortugas Ecological Reserve consists of two discrete areas, Tortugas North and Tortugas South. (3) The boundary of Tortugas North is formed by connecting in succession the points at the following coordinates: Tortugas North ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.46.00[min] N. 83 deg.06.00[min] W. 2............................. 24 deg.46.00[min] N. 82 deg.54.00[min] W. 3............................. 24 deg.45.80[min] N. 82 deg.48.00[min] W. 4............................. 24 deg.43.53[min] N. 82 deg.48.00[min] W. 5............................. 24 deg.43.53[min] N. 82 deg.52.00[min] W. 6............................. 24 deg.43.00[min] N. 82 deg.54.00[min] W. 7............................. 24 deg.39.00[min] N. 82 deg.58.00[min] W. 8............................. 24 deg.39.00[min] N. 83 deg.06.00[min] W. 9............................. 24 deg.46.00[min] N. 83 deg.06.00[min] W. ------------------------------------------------------------------------ (4) The boundary of Tortugas South is formed by connecting in succession the points at the following coordinates: Tortugas South ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.33.00[min] N. 83 deg.09.00[min] W. 2............................. 24 deg.33.00[min] N. 83 deg.05.00[min] W. 3............................. 24 deg.18.00[min] N. 83 deg.05.00[min] W. 4............................. 24 deg.18.00[min] N. 83 deg.09.00[min] W. 5............................. 24 deg.33.00[min] N. 83 deg.09.00[min] W. ------------------------------------------------------------------------ [66 FR 4372, Jan. 17, 2001] Appendix V to Subpart P of Part 922—Sanctuary Preservation Areas Boundary Coordinates top The boundary of each of the Sanctuary Preservation Areas (SPAs) is formed by connecting in succession the points at the following coordinates: Alligator Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitute Longitude ------------------------------------------------------------------------ 1............................. 24 deg.50.98[min] N 80 deg.36.84[min] W. 2............................. 24 deg.50.51[min] N 80 deg.37.35[min] W. 3............................. 24 deg.50.81[min] N 80 deg.37.63[min] W. 4............................. 24 deg.51.23[min] N 80 deg.37.17[min] W. 5............................. 24 deg.50.98[min] N 80 deg.36.84[min] W. ------------------------------------------------------------------------ Catch and release fishing by trolling only is allowed in this SPA. Carysfort/South Carysfort Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.13.78[min] N 80 deg.12.00[min] W. 2............................. 25 deg.12.03[min] N 80 deg.12.98[min] W. 3............................. 25 deg.12.24[min] N 80 deg.13.77[min] W. 4............................. 25 deg.14.13[min] N 80 deg.12.78[min] W. 5............................. 25 deg.13.78[min] N 80 deg.12.00[min] W. ------------------------------------------------------------------------ Cheeca Rocks [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.54.42[min] N 80 deg.36.91[min] W. 2............................. 24 deg.54.25[min] N 80 deg.36.77[min] W. 3............................. 24 deg.54.10[min] N 80 deg.37.00[min] W. 4............................. 24 deg.54.22[min] N 80 deg.37.15[min] W. 5............................. 24 deg.54.42[min] N 80 deg.36.91[min] W. ------------------------------------------------------------------------ Coffins Patch [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.41.47[min] N 80 deg.57.68[min] W. 2............................. 24 deg.41.12[min] N 80 deg.57.53[min] W. 3............................. 24 deg.40.75[min] N 80 deg.58.33[min] W. 4............................. 24 deg.41.06[min] N 80 deg.58.48[min] W. 5............................. 24 deg.41.47[min] N 80 deg.57.68[min] W. ------------------------------------------------------------------------ Conch Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.57.48[min] N 80 deg.27.47[min] W. 2............................. 24 deg.57.34[min] N 80 deg.27.26[min] W. 3............................. 24 deg.56.78[min] N 80 deg.27.52[min] W. 4............................. 24 deg.56.96[min] N 80 deg.27.73[min] W. 5............................. 24 deg.57.48[min] N 80 deg.27.47[min] W. ------------------------------------------------------------------------ Catch and release fishing by trolling only is allowed in this SPA. Davis Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.55.61[min] N 80 deg.30.27[min] W. 2............................. 24 deg.55.41[min] N 80 deg.30.05[min] W. 3............................. 24 deg.55.11[min] N 80 deg.30.35[min] W. 4............................. 24 deg.55.34[min] N 80 deg.30.52[min] W. 5............................. 24 deg.55.61[min] N 80 deg.30.27[min] W. ------------------------------------------------------------------------ Dry Rocks [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.07.59[min] N 80 deg.17.91[min] W. 2............................. 25 deg.07.41[min] N 80 deg.17.70[min] W. 3............................. 25 deg.07.25[min] N 80 deg.17.82[min] W. 4............................. 25 deg.07.41[min] N 80 deg.18.09[min] W. 5............................. 25 deg.07.59[min] N 80 deg.17.91[min] W. ------------------------------------------------------------------------ Grecian Rocks [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.06.91[min] N 80 deg.18.20[min] W. 2............................. 25 deg.06.67[min] N 80 deg.18.06[min] W. 3............................. 25 deg.06.39[min] N 80 deg.18.32[min] W. 4............................. 25 deg.06.42[min] N 80 deg.18.48[min] W. 5............................. 25 deg.06.81[min] N 80 deg.18.44[min] W. 6............................. 25 deg.06.91[min] N 80 deg.18.20[min] W. ------------------------------------------------------------------------ Eastern Dry Rocks [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.27.92[min] N 81 deg.50.55[min] W. 2............................. 24 deg.27.73[min] N 81 deg.50.33[min] W. 3............................. 24 deg.27.47[min] N 81 deg.50.80[min] W. 4............................. 24 deg.27.72[min] N 81 deg.50.86[min] W. 5............................. 24 deg.27.92[min] N 81 deg.50.55[min] W. ------------------------------------------------------------------------ The Elbow [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.08.97[min] N 80 deg.15.63[min] W. 2............................. 25 deg.08.95[min] N 80 deg.15.22[min] W. 3............................. 25 deg.08.18[min] N 80 deg.15.64[min] W. 4............................. 25 deg.08.50[min] N 80 deg.16.07[min] W. 5............................. 25 deg.08.97[min] N 80 deg.15.63[min] W. ------------------------------------------------------------------------ French Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.02.20[min] N 80 deg.20.63[min] W. 2............................. 25 deg.01.81[min] N 80 deg.21.02[min] W. 3............................. 25 deg.02.36[min] N 80 deg.21.27[min] W. 4............................. 25 deg.02.20[min] N 80 deg.20.63[min] W. ------------------------------------------------------------------------ Hen and Chickens [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.56.38[min] N 80 deg.32.86[min] W. 2............................. 24 deg.56.21[min] N 80 deg.32.63[min] W. 3............................. 24 deg.55.86[min] N 80 deg.32.95[min] W. 4............................. 24 deg.56.04[min] N 80 deg.33.19[min] W. 5............................. 24 deg.56.38[min] N 80 deg.32.86[min] W. ------------------------------------------------------------------------ Looe Key [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.33.24[min] N 81 deg.24.03[min] W. 2............................. 24 deg.32.70[min] N 81 deg.23.85[min] W. 3............................. 24 deg.32.52[min] N 81 deg.24.70[min] W. 4............................. 24 deg.33.12[min] N 81 deg.24.81[min] W. 5............................. 24 deg.33.24[min] N 81 deg.24.03[min] W. ------------------------------------------------------------------------ Molasses Reef [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25 deg.01.00[min] N 80 deg.22.53[min] W. 2............................. 25 deg.01.06[min] N 80 deg.21.84[min] W. 3............................. 25 deg.00.29[min] N 80 deg.22.70[min] W. 4............................. 25 deg.00.72[min] N 80 deg.22.83[min] W. 5............................. 25 deg.01.00[min] N 80 deg.22.53[min] W. ------------------------------------------------------------------------ Newfound Harbor Key [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.37.10[min] N 81 deg.23.34[min] W. 2............................. 24 deg.36.85[min] N 81 deg.23.28[min] W. 3............................. 24 deg.36.74[min] N 81 deg.23.80[min] W. 4............................. 24 deg.37.00[min] N 81 deg.23.86[min] W. 5............................. 24 deg.37.10[min] N 81 deg.23.34[min] W. ------------------------------------------------------------------------ Rock Key [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.27.48[min] N 81 deg.51.35[min] W. 2............................. 24 deg.27.30[min] N 81 deg.51.15[min] W. 3............................. 24 deg.27.21[min] N 81 deg.51.60[min] W. 4............................. 24 deg.27.45[min] N 81 deg.51.65[min] W. 5............................. 24 deg.27.48[min] N 81 deg.51.35[min] W. ------------------------------------------------------------------------ Sand Key [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.27.58[min] N 81 deg.52.29[min] W. 2............................. 24 deg.27.01[min] N 81 deg.52.32[min] W. 3............................. 24 deg.27.02[min] N 81 deg.52.95[min] W. 4............................. 24 deg.27.61[min] N 81 deg.52.94[min] W. 5............................. 24 deg.27.58[min] N 81 deg.52.29[min] W. ------------------------------------------------------------------------ Catch and release fishing by trolling only is allowed in this SPA. Sombrero Key [Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.37.91[min] N 81 deg.06.78[min] W. 2............................. 24 deg.37.50[min] N 81 deg.06.19[min] W. 3............................. 24 deg.37.25[min] N 81 deg.06.89[min] W. 4............................. 24 deg.37.91[min] N 81 deg.06.78[min] W. ------------------------------------------------------------------------ Catch and release fishing by trolling only is allowed in this SPA. [66 FR 4373, Jan. 17, 2001] Appendix VI to Subpart P of Part 922—Special-Use Areas Boundary Coordinates and Use Designations top The boundary of each of the Special-Use is formed by connecting in succession the points at the following coordinates: Conch Reef (Research Only)_[Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.56.83[min] N 80 deg.27.26[min] W. 2............................. 24 deg.57.10[min] N 80 deg.26.93[min] W. 3............................. 24 deg.56.99[min] N 80 deg.27.42[min] W. 4............................. 24 deg.57.34[min] N 80 deg.27.26[min] W. 5............................. 24 deg.56.83[min] N 80 deg.27.26[min] W. ------------------------------------------------------------------------ Eastern Sambo (Research Only)_[Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.29.84[min] N 81 deg.39.59[min] W. 2............................. 24 deg.29.55[min] N 81 deg.39.35[min] W. 3............................. 24 deg.29.37[min] N 81 deg.39.96[min] W. 4............................. 24 deg.29.77[min] N 81 deg.40.03[min] W. 5............................. 24 deg.29.84[min] N 81 deg.39.59[min] W. ------------------------------------------------------------------------ Looe Key (Research Only)_[Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.34.17[min] N 81 deg.23.01[min] W. 2............................. 24 deg.33.98[min] N 81 deg.22.96[min] W. 3............................. 24 deg.33.84[min] N 81 deg.23.60[min] W. 4............................. 24 deg.34.23[min] N 81 deg.23.68[min] W. 5............................. 24 deg.34.17[min] N 81 deg.23.01[min] W. ------------------------------------------------------------------------ Tennessee Reef (Research Only)_[Based on differential Global Positioning Systems data] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 24 deg.44.77[min] N 80 deg.47.12[min] W. 2............................. 24 deg.44.57[min] N 80 deg.46.98[min] W. 3............................. 24 deg.44.68[min] N 80 deg.46.59[min] W. 4............................. 24 deg.44.95[min] N 80 deg.46.74[min] W. 5............................. 24 deg.44.77[min] N 80 deg.47.12[min] W. ------------------------------------------------------------------------ [66 FR 4376, Jan. 17, 2001] Appendix VII to Subpart P of Part 922—Areas To Be Avoided Boundary Coordinates top In The Vicinity of the Florida Keys [Reference Charts: United States 11466, 27th Edition_September 1, 1990 and United States 11450, 4th Edition_August 11, 1990] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1............................. 25°45.00[min]N 80°06.10[min]W 2............................. 25°38.70[min]N 80°02.70[min]W 3............................. 25°22.00[min]N 80°03.00[min]W 4............................. 25°06.38[min]N 80°10.48[min]W 5............................. 24°56.37[min]N 80°19.26[min]W 6............................. 24°37.90[min]N 80°47.30[min]W 7............................. 24°29.20[min]N 81°17.30[min]W 8............................. 24°22.30[min]N 81°43.17[min]W 9............................. 24°28.00[min]N 81°43.17[min]W 10............................ 24°28.70[min]N 81°43.50[min]W 11............................ 24°29.80[min]N 81°43.17[min]W 12............................ 24°33.10[min]N 81°35.15[min]W 13............................ 24°33.60[min]N 81°26.00[min]W 14............................ 24°38.20[min]N 81°07.00[min]W 15............................ 24°43.20[min]N 80°53.20[min]W 16............................ 24°46.10[min]N 80°46.15[min]W 17............................ 24°51.10[min]N 80°37.10[min]W 18............................ 24°57.50[min]N 80°27.50[min]W 19............................ 25°09.90[min]N 80°16.20[min]W 20............................ 25°24.00[min]N 80°09.10[min]W 21............................ 25°31.50[min]N 80°07.00[min]W 22............................ 25°39.70[min]N 80°06.85[min]W 23............................ 25°45.00[min]N 80°06.10[min]W ------------------------------------------------------------------------ In the Vicinity of Key West Harbor [Reference Chart: United States 11434, 21st Edition_August 11, 1990] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 24............................ 24 deg.27.95' N 81 deg.48.65' W. 25............................ 24 deg.23.00' N 81 deg.53.50' W. 26............................ 24 deg.26.60' N 81 deg.58.50' W. 27............................ 24 deg.27.75' N 81 deg.55.70' W. 28............................ 24 deg.29.35' N 81 deg.53.40' W. 29............................ 24 deg.29.35' N 81 deg.50.00' W. 30............................ 24 deg.27.95' N 81 deg.48.65' W. ------------------------------------------------------------------------ Area Surrounding the Marquesas Keys [Reference Chart: United States 11434, 21st Edition_August 11, 1990] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 31............................ 24 deg.26.60' N 81 deg.59.55' W. 32............................ 24 deg.23.00' N 82 deg.03.50' W. 33............................ 24 deg.23.60' N 82 deg.27.80' W. 34............................ 24 deg.34.50' N 82 deg.37.50' W. 35............................ 24 deg.43.00' N 82 deg.26.50' W. 36............................ 24 deg.38.31' N 81 deg.54.06' W. 37............................ 24 deg.37.91' N 81 deg.53.40' W. 38............................ 24 deg.36.15' N 81 deg.51.78' W. 39............................ 24 deg.34.40' N 81 deg.50.60' W. 40............................ 24 deg.33.44' N 81 deg.49.73' W. 41............................ 24 deg.31.20' N 81 deg.52.10' W. 42............................ 24 deg.28.70' N 81 deg.56.80' W. 43............................ 24 deg.26.60' N 81 deg.59.55' W. ------------------------------------------------------------------------ Area Surrounding the Dry Tortugas Islands [Reference Chart: United States 11434, 21st Edition_August 11, 1990] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 44............................ 24 deg.32.00' N 82 deg.53.50' W. 45............................ 24 deg.32.00' N 83 deg.00.05' W. 46............................ 24 deg.39.70' N 83 deg.00.05' W. 47............................ 24 deg.45.60' N 82 deg.54.40' W. 48............................ 24 deg.45.60' N 82 deg.47.02' W. 49............................ 24 deg.42.80' N 82 deg.43.90' W. 50............................ 24 deg.39.50' N 82 deg.43.90' W. 51............................ 24 deg.35.60' N 82 deg.46.40' W. 52............................ 24 deg.32.00' N 82 deg.53.50' W. ------------------------------------------------------------------------ [66 FR 4377, Jan. 17, 2001, as amended at 66 FR 34534, June 29, 2001] Appendix VIII to Subpart P of Part 922—Marine Life Rule [As Excerpted From Chapter 46–42 of the Florida Administrative Code] top 46–42.001 Purpose and Intent; Designation of Restricted Species; Definition of “Marine Life Species.” 46–42.002 Definitions. 46–42.003 Prohibition of Harvest: Longspine Urchin, Bahama Starfish. 46–42.0035 Live Landing and Live Well Requirements. 46–42.0036 Harvest in Biscayne National Park.* 46–42.004 Size Limits. 46–42.005 Bag Limits. 46–42.006 Commercial Season, Harvest Limits. 46–42.007 Gear Specifications and Prohibited Gear. 46–42.008 Live Rock.* 46–42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans. *—Part 42.0036 was not reproduced because it does not apply to the Sanctuary. *—Part 42.008 was not reproduced because it is regulated pursuant to this Part 922.163(2)(ii). 46–42.001 Purpose and Intent; Designation of Restricted Species; Definition of “Marine Life Species”.— (1)(a) The purpose and intent of this chapter are to protect and conserve Florida's tropical marine life resources and assure the continuing health and abundance of these species. The further intent of this chapter is to assure that harvesters in this fishery use nonlethal methods of harvest and that the fish, invertebrates, and plants so harvested be maintained alive for the maximum possible conservation and economic benefits. (b) It is the express intent of the Marine Fisheries Commission that landing of live rock propagated through aquaculture will be allowed pursuant to the provisions of this chapter. (2) The following fish species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes: (a) Moray eels—Any species of the Family Muraenidae. (b) Snake eels—Any species of the Genera Myrichthys and Myrophis of the Family Ophichthidae. (c) Toadfish—Any species of the Family Batrachoididae. (d) Frogfish—Any species of the Family Antennariidae. (e) Batfish—Any species of the Family Ogcocephalidae. (f) Clingfish—Any species of the Family Gobiesocidae. (g) Trumpetfish—Any species of the Family Aulostomidae. (h) Cornetfish—Any species of the Family Fistulariidae. (i) Pipefish/seahorses—Any species of the Family Syngnathidae. (j) Hamlet/seabass—Any species of the Family Serranidae, except groupers of the genera Epinephalus and Mycteroperca, and seabass of the genus Centropristis. (k) Basslets—Any species of the Family Grammistidae. (l) Cardinalfish—Any species of the Family Apogonidae. (m) High-hat, Jackknife-fish, Spotted drum, Cubbyu—Any species of the genus Equetus of the Family Sciaenidae. (n) Reef Croakers—Any of the species Odontocion dentex. (o) Sweepers—Any species of the Family Pempherididae. (p) Butterflyfish—Any species of the Family Chaetodontidae. (q) Angelfish—Any species of the Family Pomacanthidae. (r) Damselfish—Any species of the Family Pomacentridae. (s) Hawkfish—Any species of the Family Cirrhitidae. (t) Wrasse/hogfish/razorfish—Any species of the Family Labridae, except hogfish, Lachnolaimus maximus. (u) Parrotfish—Any species of the Family Scaridae. (v) Jawfish—Any species of the Family Opistognathidae. (w) Blennies—Any species of the Families Clinidae or Blenniidae. (x) Sleepers—Any species of the Family Eleotrididae. (y) Gobies—Any species of the Family Gobiidae. (z) Tangs and surgeonfish—Any species of the Family Acanthuridae. (aa) Filefish/triggerfish—Any species of the Family Balistes, except gray triggerfish, Balistidae capriscus. (bb) Trunkfish/cowfish—Any species of the Family Ostraciidae. (cc) Pufferfish/burrfish/balloonfish—Any of the following species: 1. Balloonfish—Diodon holocanthus. 2. Sharpnose puffer—Canthigaster rostrata. 3. Striped burrfish—Chilomycterus schoepfi. (3) The following invertebrate species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes: (a) Sponges—Any species of the Class Demospongia, except sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges, Order Dictyoceratida. (b) Upside-down jellyfish—Any species of the Genus Cassiopeia. (c) Siphonophores/hydroids—Any species of the Class Hydrozoa, except fire corals, Order Milleporina. (d) Soft corals—Any species of the Subclass Octocorallia, except sea fans Gorgonia flabellum and Gorgonia ventalina. (e) Sea anemones—Any species of the Orders Actinaria, Zoanthidea, Corallimorpharia, and Ceriantharia. (f) Featherduster worms/calcareous tubeworms—Any species of the Families Sabellidae and Serpulidae. (g) Star-shells—Any of the species Astraea americana or Astraea phoebia. (h) Nudibranchs/sea slugs—Any species of the Subclass Opisthobranchia. (i) Fileclams—Any species of the Genus Lima. (j) Octopods—Any species of the Order Octopoda, except the common octopus, Octopodus vulgaris. (k) Shrimp—Any of the following species: 1. Cleaner shrimp and peppermint shrimp—Any species of the Genera Periclimenes or Lysmata. 2. Coral shrimp—Any species of the Genus Stenopus. 3. Snapping shrimp—Any species of the Genus Alpheus. (l) Crabs—Any of the following species: 1. Yellowline arrow crab—Stenorhynchus seticornis. 2. Furcate spider or decorator crab—Stenocionops furcata. 3. Thinstripe hermit crab—Clibanarius vittatus. 4. Polkadotted hermit crab—Phimochirus operculatus. 5. Spotted porcelain crab—Porcellana sayana. 6. Nimble spray or urchin crab—Percnon gibbesi. 7. False arrow crab—Metoporhaphis calcarata. (m) Starfish—Any species of the Class Asteroidea, except the Bahama starfish, Oreaster reticulatus. (n) Brittlestars—Any species of the Class Ophiuroidea. (o) Sea urchins—Any species of the Class Echinoidea, except longspine urchin, Diadema antillarum, and sand dollars and sea biscuits, Order Clypeasteroida. (p) Sea cucumbers—Any species of the Class Holothuroidea. (q) Sea lillies—Any species of the Class Crinoidea. (4) The following species of plants, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes: (a) Caulerpa—Any species of the Family Caulerpaceae. (b) Halimeda/mermaid's fan/mermaid's shaving brush—Any species of the Family Halimedaceae. (c) Coralline red algae—Any species of the Family Corallinaceae. (5) For the purposes of Section 370.06(2)(d), Florida Statutes, the term “marine life species” is defined to mean those species designated as restricted species in subsections (2), (3), and (4) of this rule. Specific Authority 370.01(20), 370.027(2), 370.06(2)(d), F.S. Law Implemented 370.01(20), 370.025, 370.027, 370.06(2)(d), F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95. 46–42.002 Definitions.—As used in this rule chapter: (1) “Barrier net,” also known as a “fence net,” means a seine used beneath the surface of the water by a diver to enclose and concentrate tropical fish and which may be made of either nylon or monofilament. (2) “Drop net” means a small, usually circular, net with weights attached along the outer edge and a single float in the center, used by a diver to enclose and concentrate tropical fish. (3) “Hand held net” means a landing or dip net as defined in Rule 46–4.002(4), except that a portion of the bag may be constructed of clear plastic material, rather than mesh. (4) “Harvest” means the catching or taking of a marine organism by any means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a marine animal for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such animal, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize. (5) “Harvest for commercial purposes” means the taking or harvesting of any tropical ornamental marine life species or tropical ornamental marine plant for purposes of sale or with intent to sell. The harvest of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limit shall constitute prima facie evidence of intent to sell. (6) “Land,” when used in connection with the harvest of marine organisms, means the physical act of bringing the harvested organism ashore. (7) “Live rock” means rock with living marine organisms attached to it. (8) “Octocoral” means any erect, nonencrusting species of the Subclass Octocorallia, except the species Gorgonia flabellum and Gorgonia ventalina. (9) “Slurp gun” means a self-contained, handheld device that captures tropical fish by rapidly drawing seawater containing such fish into a closed chamber. (10) “Total length” means the length of a fish as measured from the tip of the snout to the tip of the tail. (11) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom. “Roller frame trawl” means a trawl with all of the following features and specifications: (a) A rectangular rigid frame to keep the mouth of the trawl open while being towed. (b) The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any obstructions while being towed. (c) The trawl opening is shielded by a grid of vertical bars spaced no more than 3 inches apart. (d) The trawl is towed by attaching a line or towing cable to a tongue located above yor at the center of the upper horizontal beam of the frame. (e) The trawl has no doors attached to keep the mouth of the trawl open. (12) “Tropical fish” means any species included in subsection (2) of Rule 46–42.001, or any part thereof. (13) “Tropical ornamental marine life species” means any species included in subsections (2) or (3) of Rule 46–42.001, or any part thereof. (14) “Tropical ornamental marine plant” means any species included in subsection (4) of Rule 46–42.001. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95. 46–42.003 Prohibition of Harvest: Longspine Urchin, Bahama Starfish.—No person shall harvest, possess while in or on the waters of the state, or land any of the following species: (1) Longspine urchin, Diadema antillarum. (2) Bahama starfish, Oreaster reticulatus. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 7–1–92. 46–42.0035 Live Landing and Live Well Requirements.— (1) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant shall land such marine organism alive. (2) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant shall have aboard the vessel being used for such harvest a continuously circulating live well or aeration or oxygenation system of adequate size and capacity to maintain such harvested marine organisms in a healthy condition. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 7–1–92. 46–42.004 Size Limits.— (1) Angelfishes.— (a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state, or land any of the following species of angelfish, of total length less than that set forth below: 1. One-and-one-half (1 1/2) inches for: a. Gray angelfish (Pomacanthus arcuatus). b. French angelfish (Pomacanthus paru). 2. One-and-three-quarters (1 3/4) inches for: a. Blue angelfish (Holacanthus bermudensis). b. Queen angelfish (Holacanthus ciliaris). 3. Two (2) inches for rock beauty (Holacanthus tricolor). (b) No person shall harvest, possess while in or on the waters of the state, or land any angelfish (Family Pomacanthidae), of total length greater than that specified below: 1. Eight (8) inches for angelfish, except rock beauty (Holacanthus tricolor). 2. Five (5) inches for rock beauty. (c) Except as provided herein, no person shall purchase, sell, or exchange any angelfish smaller than the limits specified in paragraph (a) or larger than the limits specified in paragraph (b). This prohibition shall not apply to angelfish legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, which angelfish are entering Florida in interstate or international commerce. The burden shall be upon any person possessing such angelfish for sale or exchange to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such angelfish originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) waters adjacent to Florida waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute prima facie evidence that such angelfish were harvested from Florida waters or adjacent EEZ waters for purposes of this paragraph. (2) Butterflyfishes.— (a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state, or land any butterflyfish (Family Chaetodontidae) of total length less than one (1) inch. (b) No person shall harvest, possess while in or on the waters of the state, or land any butterflyfish of total length greater than 4 inches. (3) Gobies—No person shall harvest, possess while in or on the waters of the state, or land any gobie (Family Gobiidae) of total length greater than 2 inches. (4) Jawfishes—No person shall harvest, possess while in or on the waters of the state, or land any jawfish (Family Opistognathidae) of total length greater than 4 inches. (5) Spotfin and Spanish hogfish— (a) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish (Bodianus rufus) of total length less than 2 inches. (b) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish (Bodianus rufus) or spotfin hogfish (Bodianus pulchellus) of total length greater than 8 inches. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95. 46–42.005 Bag limit.— (1) Except as provided in Rule 46–42.006 or subsections (3) or (4) of this rule, no person shall harvest, possess while in or on the waters of the state, or land more than 20 individuals per day of tropical ornamental marine life species, in any combination. (2) Except as provided in Rule 46–42.006, no person shall harvest, possess while in or on the waters of the state, or land more than one (1) gallon per day of tropical ornamental marine plants, in any combination of species. (3) Except as provided in Rule 46–42.006, no person shall harvest, possess while in or on the waters of the state, or land more than 5 angelfishes (Family Pomacanthidae) per day. Each angelfish shall be counted for purposes of the 20 individual bag limit specified in subsection (1) of this rule. (4)(a) Unless the season is closed pursuant to paragraph (b), no person shall harvest, possess while in or on the waters of the state, or land more than 6 colonies per day of octocorals. Each colony of octocoral or part thereof shall be considered an individual of the species for purposes of subsection (1) of this rule and shall be counted for purposes of the 20 individual bag limit specified therein. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral. (b) If the harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed to all harvesters prior to September 30 of any year, the season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the Secretary of the Department of Environmental Protection, in the manner provided in s.120.52(16)(d), Florida Statutes. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 1–1–95. 46–42.006 Commercial Season, Harvest Limits.— (1) Except as provided in Rule 46–42.008(7), no person shall harvest, possess while in or on the waters of the state, or land quantities of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limits established in Rule 46–42.005 unless such person possesses a valid saltwater products license with both a marine life fishery endorsement and a restricted species endorsement issued by the Department of Environmental Protection. (2) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for commercial purposes shall have a season that begins on October 1 of each year and continues through September 30 of the following year. These persons shall not harvest, possess while in or on the waters of the state, or land tropical ornamental marine life species in excess of the following limits: (a) A limit of 75 angelfish (Family Pomacanthidae) per person per day or 150 angelfish per vessel per day, whichever is less. (b) A limit of 75 butterflyfishes (Family Chaetodontidae) per vessel per day. (c) There shall be no limits on the harvest for commercial purposes of octocorals unless and until the season for all harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed. At such time, the season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the Secretary of the Department of Environmental Protection, in the manner provided in Section 120.52(16)(d), Florida Statutes. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral. (d) A limit of 400 giant Caribbean or “pink-tipped” anemones (Genus Condylactus) per vessel per day. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95. 46–42.007 Gear Specifications and Prohibited Gear.— (1) The following types of gear shall be the only types allowed for the harvest of any tropical fish, whether from state waters or from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters: (a) Hand held net. (b) Barrier net, with a mesh size not exceeding 3/4 inch stretched mesh. (c) Drop net, with a mesh size not exceeding 3/4 inch stretched mesh. (d) Slurp gun. (e) Quinaldine may be used for the harvest of tropical fish if the person using the chemical or possessing the chemical in or on the waters of the state meets each of the following conditions: 1. The person also possesses and maintains aboard any vessel used in the harvest of tropical fish with quinaldine a special activity license authorizing the use of quinaldine, issued by the Division of Marine Resources of the Department of Environmental Protection pursuant to Section 370.08(8), Florida Statutes. 2. The quinaldine possessed or applied while in or on the waters of the state is in a diluted form of no more than 2% concentration in solution with seawater. Prior to dilution in seawater, quinaldine shall only be mixed with isopropyl alcohol or ethanol. (f) A roller frame trawl operated by a person possessing a valid live bait shrimping license issued by the Department of Environmental Protection pursuant to Section 370.15, Florida Statutes, if such tropical fish are taken as an incidental bycatch of shrimp lawfully harvested with such trawl. (g) A trawl meeting the following specifications used to collect live specimens of the dwarf seahorse, Hippocampus zosterae, if towed by a vessel no greater than 15 feet in length at no greater than idle speed: 1. The trawl opening shall be no larger than 12 inches by 48 inches. 2. The trawl shall weigh no more than 5 pounds wet when weighed out of the water. (2) This rule shall not be construed to prohibit the use of any bag or container used solely for storing collected specimens or the use of a single blunt rod in conjunction with any allowable gear, which rod meets each of the following specifications: (a) The rod shall be made of nonferrous metal, fiberglass, or wood. (b) The rod shall be no longer than 36 inches and have a diameter no greater than 3/4 inch at any point. (3) No person shall harvest in or from state waters any tropical fish by or with the use of any gear other than those types specified in subsection (1); provided, however, that tropical fish harvested as an incidental bycatch of other species lawfully harvested for commercial purposes with other types of gear shall not be deemed to be harvested in violation of this rule, if the quantity of tropical fish so harvested does not exceed the bag limits established in Rule 46–42.005. Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95. 46–42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114, Florida Statutes.— (1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina, or any hard or stony coral (Order Scleractinia) or any fire coral (Genus Millepora). No person shall possess any such fresh, uncleaned, or uncured sea fan, hard or stony coral, or fire coral. (2) Subsection (1) shall not apply to: (a) Any sea fan, hard or stony coral, or fire coral legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or international commerce. The burden shall be upon any person possessing such species to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such species originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute prima facie evidence that such species were harvested from Florida waters in violation of this rule. (b) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to permit issued by the Department of Environmental Protection for scientific or educational purposes as authorized in Section 370.10(2), Florida Statutes. (c) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to the aquacultured live rock provisions of Rule 46–42.008(3)(a) or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 CFR Part 638 and meeting the following requirements: (1) Persons possessing these species in or on the waters of the state shall also possess a state submerged lands lease for live rock aquaculture and a Department of Environmental Protection permit for live rock culture deposition and removal or a federal Live Rock Aquaculture Permit. If the person possessing these species is not the person named in the documents required herein, then the person in such possession shall also possess written permission from the person so named to transport aquacultured live rock pursuant to this exception. (2) The nearest office of the Florida Marine Patrol shall be notified at least 24 hours in advance of any transport in or on state waters of aquacultured live rock pursuant to this exception. (3) Persons possessing these species off the water shall maintain and produce upon the request of any duly authorized law enforcement officer sufficient documentation to establish the chain of possession from harvest on a state submerged land lease for live rock aquaculture or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a federal Live Rock Aquaculture Permit. (4) Any sea fan, hard or stony coral, or fire coral harvested pursuant to Rule 46–42.008(3)(a) shall remain attached to the cultured rock. Specific Authority 370.027(2), F.S.; Section 6, Chapter 83–134, Laws of Florida, as amended by Chapter 84–121, Laws of Florida. Law Implemented 370.025, 370.027, F.S.; Section 6, Chapter 83–134, Laws of Florida, as amended by Chapter 84–121, Laws of Florida. History—New 1–1–95.2222 Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary top Authority: 16 U.S.C. 1431 et seq. and subtitle C, title II, Pub. L. 102–587, 106 Stat. 5055. Source: 64 FR 66570, Nov. 29, 1999, unless otherwise noted. § 922.180 Purpose. top (a) The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary was designated, in order to protect, preserve, and manage the conservation, ecological, recreational, research, educational, historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to supplement and complement existing regulatory authorities; to facilitate to the extent compatible with the primary objective of protecting the humpback whale and its habitat, all public and private uses of the Sanctuary, including uses of Hawaiian natives customarily and traditionally exercised for subsistence, cultural, and religious purposes, as well as education, research, recreation, commercial and military activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback whale and its habitat; to contribute to the maintenance of natural assemblages of humpback whales for future generations; to provide a place for humpback whales that are dependent on their Hawaiian Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and NMSA. (b) These regulations may be modified to fulfill the Secretary's responsibilities for the Sanctuary, including the provision of additional protections for humpback whales and their habitat, if reasonably necessary, and the conservation and management of other marine resources, qualities and ecosystems of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor of the State of Hawaii on any modification to the regulations contained in this part. For any modification of the regulations contained in this part that would constitute a change in a term of the designation, as contained in the Designation Document for the Sanctuary, the Secretary shall follow the applicable requirements of sections 303 and 304 of the NMSA, and sections 2305 and 2306 of the HINMSA. (c) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the Sanctuary management plan and regulations in their entirety with any proposed changes thereto. The Governor of the State of Hawaii will have the opportunity to review the re-proposed management plan and regulations before they take effect and if the Governor certifies any term or terms of such management plan or regulations as unacceptable, the unacceptable term or terms will not take effect in State waters of the Sanctuary. § 922.181 Boundary. top (a) Except for excluded areas described in paragraph (b) of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward from the shoreline, cutting across the mouths of rivers and streams: (1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; (2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; (3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; (4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; (5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. (b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors: Hawaii (Big Island) Kawaihae Boat Harbor & Small Boat Basin Lanai Kaumalapau Harbor, Manele Harbor Maui Lahaina Boat Harbor Maalaea Boat Harbor Molokai Hale o Lono Harbor Kaunakakai Harbor Oahu Kuapa Pond (Hawaii Kai) (c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear in Appendix A of this subpart Q. § 922.182 Definitions. top (a) Acts means the Hawaiian Islands National Marine Sanctuary Act (HINMSA; sections 2301–2307 of Pub. L. 102–587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431 et seq.). Adverse impact means an impact that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms. Alteration of the seabed means drilling into, dredging, or otherwise altering a natural physical characteristic of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary. Habitat means those areas that provide space for individual and population growth and normal behavior of humpback whales, and include sites used for reproductive activities, including breeding, calving and nursing. Military activities means those military activities conducted by or under the auspices of the Department of Defense and any combined military activities carried out by the Department of Defense and the military forces of a foreign nation. Sanctuary means the Hawaiian Islands Humpback Whale National Marine Sanctuary. Sanctuary resource means any humpback whale, or the humpback whale's habitat within the Sanctuary. Shoreline means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. Take or taking a humpback whale means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes, but is not limited to, any of the following activities: collecting any dead or injured humpback whale, or any part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how temporarily; tagging any humpback whale; operating a vessel or aircraft or doing any other act that results in the disturbing or molesting of any humpback whale. (b) Other terms appearing in the regulations in this subpart are defined at 15 CFR 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq. § 922.183 Allowed activities. top (a) All activities except those prohibited by §922.184 may be undertaken in the Sanctuary subject to any emergency regulations promulgated pursuant to §922.185, subject to the interagency cooperation provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and §922.187 of this subpart, and subject to the liability established by section 312 of the NMSA and §922.46 of this part. All activities are also subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or county authority of competent jurisdiction. (b) Included as activities allowed under the first sentence of paragraph (a) of this §922.183 are all classes of military activities, internal or external to the Sanctuary, that are being or have been conducted before the effective date of these regulations, as identified in the Final Environmental Impact Statement/Management Plan. Paragraphs (a)(1) through (a)(5) of §922.184 do not apply to these classes of activities, nor are these activities subject to further consultation under section 304(d) of the NMSA. (c) Military activities proposed after the effective date of these regulations are also included as allowed activities under the first sentence of paragraph (a) of this §922.183. Paragraphs (a)(1) through (a)(5) of §922.184 apply to these classes of activities unless— (1) They are not subject to consultation under section 304(d) of the NMSA and §922.187 of this subpart, or (2) Upon consultation under section 304(d) of the NMSA and §922.187 of this subpart, NOAA's findings and recommendations include a statement that paragraphs (a)(1) through (a)(5) of §922.184 do not apply to the military activity. (d) If a military activity described in paragraphs (b) or (c)(2) of this §922.183 is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this subpart, or if the modified activity is likely to destroy, cause the loss of, or injure any Sanctuary resource not considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this subpart, the modified activity will be treated as a new military activity under paragraph (c) of this section. (e) If a proposed military activity subject to section 304(d) of the NMSA and §922.187 of this subpart is necessary to respond to an emergency situation and the Secretary of Defense determines in writing that failure to undertake the proposed activity during the period of consultation would impair the national defense, the Secretary of the military department concerned may request the Director that the activity proceed during consultation. If the Director denies such a request, the Secretary of the military department concerned may decide to proceed with the activity. In such case, the Secretary of the military department concerned shall provide the Director with a written statement describing the effects of the activity on Sanctuary resources once the activity is completed. § 922.184 Prohibited activities. top (a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted. (1) Approaching, or causing a vessel or other object to approach, within the Sanctuary, by any means, within 100 yards of any humpback whale except as authorized under the Marine Mammal Protection Act, as amended (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 et seq.; (2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as necessary for takeoff or landing from an airport or runway, or as authorized under the MMPA and the ESA; (3) Taking any humpback whale in the Sanctuary except as authorized under the MMPA and the ESA; (4) Possessing within the Sanctuary (regardless of where taken) any living or dead humpback whale or part thereof taken in violation of the MMPA or the ESA; (5) Discharging or depositing any material or other matter in the Sanctuary; altering the seabed of the Sanctuary; or discharging or depositing any material or other matter outside the Sanctuary if the discharge or deposit subsequently enters and injures a humpback whale or humpback whale habitat, provided that such activity: (i) Requires a Federal or State permit, license, lease, or other authorization; and (ii) Is conducted: (A) Without such permit, license, lease, or other authorization, or (B) not in compliance with the terms or conditions of such permit, license, lease, or other authorization. (6) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of either of the Acts or any regulations issued under either of the Acts. (b) The prohibitions in paragraphs (a)(1) through (a)(5) of this §922.184 do not apply to activities necessary to respond to emergencies threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. However, while such activities are not subject to paragraphs (a)(1) through (a)(5) of this §922.184, this paragraph (b) does not exempt the activity from the underlying prohibition or restriction under other applicable laws and regulations (e.g., MMPA, ESA, and CWA). (c) Any Sanctuary fishery regulations shall not take effect in Hawaii State waters until established by the State Board of Land and Natural Resources. § 922.185 Emergency regulations. top Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Before issuance of such regulations the Director shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of Hawaii. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by the Governor of Hawaii. § 922.186 Penalties; appeals. top (a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or any regulation in this subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing the administrative proceedings for assessment of civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR Part 904. (c) A person subject to an action taken for enforcement reasons for violation of these regulations or either of the Acts may appeal pursuant to the applicable procedures in 15 CFR Part 904. § 922.187 Interagency Cooperation. top Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all environmental requirements. Appendix A to Subpart Q of Part 922—Hawaiian Islands Humpback Whale, National Marine Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas. top Appendix A provides a text and pictoral (see Figures 1–3) description of the Sanctuary boundary with specific lateral closure points and exclusion areas. The lateral extents (bounds) of each boundary area are closed by straight lines defined by at least two points. It may be necessary to extend these lines beyond the defining points to intersect the actual 100 fathom contour or the shoreline. Each point corresponds to a bounds number indicated in Figure 2. Digital files of the Sanctuary boundary (available in three common formats, ESRI Shape File, MapInfo Table, and an ASCII Exchange Format) are available from the Sanctuary office in Kihei, Maui, at the address listed above or by calling (808) 879–2818. These digital geographies are the best available representation of the verbal legal delineation and were derived from: the Hawaiian shoreline as supplied by State of Hawaii through the Office of Planning GIS Office, the NOAA and State of Hawaii agreed upon lateral boundary and exclusion areas, and the 100 fathom isobath digitized from the following 1:80,000 scale NOAA nautical charts-19327—West Coast of Hawaii (9th ED, 4/29/89), 19347—Channels between Molokai, Maui, Lanai, and Kahoolawe (17th ED, 12/13/97), 19351—Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/1989), 19357—Island of Oahu (20th ED, 9/21/1996), and 19381—Island of Kauai (8th ED, 7/17/1993)]. For the portion of the Lanai region of the HIHWNMS west of Chart 19351,[157°42.8' west] the 100 fathom contour was derived from the 1:250,000 chart 19340—Hawaii to Oahu (24th ED, 1/09/1993). All digital geography data have been referenced to WGS84 (NAD83) and have been converted to geographic (latitude and longitude) coordinates. Sanctuary Boundary A. As defined by the specific lateral boundaries in B, and except for excluded areas described in paragraph C of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward from the shoreline, cutting across the mouths of rivers and streams (see Figure 1): 1. To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; 2. To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; 3. To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; 4. To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; 5. To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. View or download PDF B. Lateral Closure Bounds for the Hawaiian Islands Humpback Whale National Marine Sanctuary Boundary (see Figure 2). View or download PDF ---------------------------------------------------------------------------------------------------------------- No. of Bound No. (Fig. 2) Geographic name points Latitude Longitude ---------------------------------------------------------------------------------------------------------------- 1............................... Kailiu Pt., Kauai................. 2 22°13[min] -159°34[min] 24.7[sec] 52.2[sec] 22°16[min] -159°35[min] 33.5[sec] 59.4[sec] 2............................... Mokolea Pt., Kauai................ 2 22°13[min] -159°22[min] 29.9[sec] 55.8[sec] 22°14[min] -159°22[min] 55.4[sec] 19.3[sec] 3............................... Puaena Pt., N. Oahu............... 2 21°38[min] -158°8[min]2 24.6[sec] 6.0[sec] 21°36[min] -158°6[min]2 8.4[sec] 4.5[sec] 4............................... Mahie Pt., N. Oahu................ 2 21°33[min] -157°51[min] 37.3[sec] 51.9[sec] 21°35[min] -157°50[min] 32.2[sec] 5.5[sec] 5............................... Kapahulu Groin, S. Oahu........... 3 21°15[min] -157°50[min] 5.7[sec] 27.5[sec] 21°16[min] -157°49[min] 6.1[sec] 25.7[sec] 21°16[min] -157°49[min] 6.2[sec] 23.8[sec] 6............................... Makapuu Pt., S. Oahu.............. 2 21°18[min] -157°38[min] 39.6[sec] 56.7[sec] 21°19[min] -157°35[min] 44.7[sec] 46.1[sec] 7............................... Ilio Pt, Molokai.................. 2 21°13[min] -157°18[min] 25.7[sec] 45.8[sec] 21°13[min] -157°15[min] 27.0[sec] 14.4[sec] 8............................... Pailolo Channel, C. Halawa to 2 21°1[min]2 -156°38[min] Lipoa Pt.. 9.8[sec] 22.0[sec] 21°9[min]2 -156°42[min] 9.5[sec] 37.2[sec] 9............................... Hanamanoia Lighthouse, Maui....... 2 20°34[min] -156°26[min] 21.8[sec] 51.1[sec] 20°34[min] -156°24[min] 58.4[sec] 45.2[sec] 10.............................. 3 Nmi. closure around Kahoolawe... 51 20°35[min] -156°29[min] 58.1[sec] 32.0[sec] 20°35[min] -156°29[min] 59.9[sec] 33.0[sec] ....... 20°36[min] -156°29[min] 3.9[sec] 35.5[sec] ....... 20°36[min] -156°29[min] 6.6[sec] 36.9[sec] ....... 20°36[min] -156°29[min] 16.3[sec] 43.1[sec] ....... 20°36[min] -156°29[min] 25.7[sec] 49.9[sec] ....... 20°36[min] -156°29[min] 34.6[sec] 57.3[sec] ....... 20°36[min] -156°30[min] 39.9[sec] 2.2[sec] ....... 20°36[min] -156°30[min] 43.8[sec] 5.5[sec] ....... 20°36[min] -156°30[min] 50.8[sec] 12.1[sec] ....... 20°36[min] -156°30[min] 59.0[sec] 16.5[sec] ....... 20°37[min] -156°30[min] 58.7[sec] 22.7[sec] ....... 20°37[min] -156°30[min] 18.1[sec] 29.5[sec] ....... 20°37[min] -156°30[min] 27.0[sec] 36.8[sec] ....... 20°37[min] -156°30[min] 35.5[sec] 44.8[sec] ....... 20°37[min] -156°30[min] 43.4[sec] 53.4[sec] ....... 20°37[min] -156°31[min] 50.9[sec] 2.4[sec] ....... 20°37[min] -156°31[min] 56.4[sec] 10.0[sec] ....... 20°37[min] -156°31[min] 59.0[sec] 13.2[sec] ....... 20°38[min] -156°31[min] 6.0[sec] 22.7[sec] ....... 20°38[min] -156°31[min] 8.6[sec] 26.8[sec] ....... 20°38[min] -156°31[min] 10.8[sec] 29.9[sec] ....... 20°38[min] -156°31[min] 17.2[sec] 39.9[sec] ....... 20°38[min] -156°31[min] 18.9[sec] 43.0[sec] ....... 20°38[min] -156°31[min] 23.4[sec] 48.4[sec] ....... 20°38[min] -156°31[min] 30.3[sec] 58.0[sec] ....... 20°38[min] -156°32[min] 36.6[sec] 7.9[sec] ....... 20°38[min] -156°32[min] 42.4[sec] 18.3[sec] ....... 20°38[min] -156°32[min] 43.4[sec] 20.5[sec] ....... 20°38[min] -156°32[min] 46.4[sec] 25.9[sec] ....... 20°38[min] -156°32[min] 51.5[sec] 36.7[sec] ....... 20°38[min] -156°32[min] 56.0[sec] 47.7[sec] ....... 20°38[min] -156°32[min] 59.8[sec] 59.1[sec] ....... 20°39[min] -156°33[min] 3.0[sec] 10.7[sec] ....... 20°39[min] -156°33[min] 4.0[sec] 15.7[sec] ....... 20°39[min] -156°33[min] 4.4[sec] 17.0[sec] ....... 20°39[min] -156°33[min] 5.3[sec] 21.1[sec] ....... 20°39[min] -156°33[min] 6.8[sec] 28.7[sec] ....... 20°39[min] -156°33[min] 8.6[sec] 40.7[sec] ....... 20°39[min] -156°33[min] 8.9[sec] 44.4[sec] ....... 20°39[min] -156°33[min] 9.7[sec] 49.6[sec] ....... 20°39[min] -156°33[min] 10.1[sec] 53.8[sec] ....... 20°39[min] -156°34[min] 11.0[sec] 0.3[sec] ....... 20°39[min] -156°34[min] 12.1[sec] 12.4[sec] ....... 20°39[min] -156°34[min] 12.5[sec] 24.4[sec] ....... 20°39[min] -156°34[min] 12.4[sec] 25.4[sec] ....... 20°39[min] -156°34[min] 12.6[sec] 30.5[sec] ....... 20°39[min] -156°34[min] 12.2[sec] 42.6[sec] ....... 20°39[min] -156°34[min] 11.8[sec] 47.7[sec] ....... 20°39[min] -156°34[min] 11.7[sec] 48.9[sec] ....... 20°39[min] -156°34[min] 11.3[sec] 55.8[sec] 11............................... Technical Cosure.................. 2 20°41[min] -156°37[min] 39.2[sec] 7.5[sec] 20°41[min] -156°38[min] 45.0[sec] 3.6[sec] North of Kahoolawe................ 12............................... Upolu Pt., Hawaii (Big Island).... 2 20°16[min] -155°51[min] 5.3[sec] 0.5[sec] 20°17[min] -155°51[min] 59.9[sec] 17.2[sec] 13............................... Keahole Pt., Hawaii (Big Island).. 2 19°43[min] -156[min]3[min]4 39.6[sec] 2.7[sec] 19°43[min] -156°4[min]1 41.5[sec] 4.5[sec] ---------------------------------------------------------------------------------------------------------------- C. Excluded Ports and Harbors Bounds (see Figure 3). View or download PDF ---------------------------------------------------------------------------------------------------------------- No. of Bound No. (Fig.2) Geographic Name Points Latitude Longitude ---------------------------------------------------------------------------------------------------------------- 14............................... Kawaihae Harbor, Big Island 2 20°2[min]1 -155°50[min] exclusion. 4.3[sec] 2.5[sec] 20°2[min]2 -155°49[min] 5.3[sec] 57.7[sec] 15............................... Haleolono Harbor, Molokai 2 21°5[min]3 -157°14[min] exclusion. .5[sec] 58.6[sec] 21°5[min]4 -157°14[min] .8[sec] 55.2[sec] 16............................... Kaunakakai Harbor, Molokai 4 21°5[min]1 -157°1[min]3 exclusion. 3.9[sec] 5.7[sec] 21°4[min]4 -157°1[min]5 9.2[sec] 8.3[sec] 21°4[min]3 -157°1[min]4 8.5[sec] 1.2[sec] 21°5[min]7 -157°1[min]1 .4[sec] 5.0[sec] 17............................... Kaumalapau Harbor, Lanai exclusion 2 20°47[min] -156°59[min] 9.2[sec] 32.2[sec] 20°47[min] -156°59[min] 1.1[sec] 31.3[sec] 18............................... Manele Harbor, Lanai exclusion.... 2 20°44[min] -156°53[min] 33.2[sec] 12.9[sec] 20°44[min] -156°53[min] 35.2[sec] 14.1[sec] 19............................... Lahaina Harbor, Maui exclusion.... 2 20°52[min] -156°40[min] 18.3[sec] 45.0[sec] 20°52[min] -156°40[min] 18.8[sec] 44.0[sec] 20............................... Maalaea Harbor, Maui exclusion.... 2 20°47[min] -156°30[min] 32.1[sec] 35.0[sec] 20°47[min] -156°30[min] 24.8[sec] 39.6[sec] 21............................... Western closure Kuapa Pond (Hawaii 2 21°17[min] -157°43[min] Kai), Oahu. 7.0[sec] 7.7[sec] 21°17[min] -157°43[min] 6.5[sec] 7.0[sec] 22............................... Eastern closure Kuapa Pond (Hawaii 2 21°16[min] -157°42[min] Kai), Oahu. 53.3[sec] 42.7[sec] 21°16[min] -157°42[min] 51.9[sec] 40.3[sec] ---------------------------------------------------------------------------------------------------------------- Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve top Source: 65 FR 39056, June 22, 2000, unless otherwise noted. § 922.190 Boundary. top The Thunder Bay National Marine Sanctuary and Underwater Preserve (Sanctuary) consists of an area of approximately 448 square miles (1169 square kilometers) of waters of Lake Huron and the submerged lands thereunder, over, around, and under the underwater cultural resources in Thunder Bay. The boundary forms an approximately rectangular area by extending along the ordinary high water mark between the northern and southern boundaries of Alpena County, cutting across the mouths of rivers and streams, and lakeward from those points along latitude lines to longitude 83 degrees west. The coordinates of the boundary are set forth in Appendix A to this Subpart. § 922.191 Definitions. top (a) The following terms are defined for purposes of Subpart R: Minor project means any project listed in Appendix B to this Subpart. Programmatic Agreement means the agreement among NOAA, the Federal Advisory Council on Historic Preservation, and the State of Michigan, developed pursuant to the National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq. and section 106 of the National Historic Preservation Act of 1966 as amended, 16 U.S.C. 470 et seq., which, in part, sets forth the procedures for review and approval of State Permits that authorize activities prohibited by the Sanctuary regulations. State Archaeologist means the State Archaeologist, Michigan Historical Center, Michigan Department of State. State Permit means any lease, permit, license, approval, or other authorization issued by the State of Michigan for the conduct of activities or projects within the Thunder Bay National Marine Sanctuary and Underwater Preserve that are prohibited by the regulations at §922.193. Traditional fishing means those commercial, recreational, and subsistence fishing activities that were customarily conducted within the Sanctuary prior to its designation, as identified in the Final Environmental Impact Statement and Management Plan for this Sanctuary. Copies of the Final Environmental Impact Statement/Management Plan (FEIS/MP) are available upon request to the Marine Sanctuaries Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1305 East-West Highway, 11th Floor, Silver Spring, MD 20910, (301) 713–3125. Traditional fishing includes tribal fishing rights as provided for in the 1836 Treaty of Washington and subsequent court decisions related to the Treaty. Underwater cultural resource means: (1) Any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sank prior to the effective date of Sanctuary designation; and (2) Any of the above that sinks on or after the date of Sanctuary designation determined to be an underwater cultural resource by the Director pursuant to §922.198. Underwater cultural resource also means any historical remnant of docks or piers or associated material, or materials resulting from activities of historic and prehistoric Native Americans. (b) Other terms appearing in the regulations are defined at 15 CFR part 922 subpart A, and/or in the National Marine Sanctuaries Act, as amended, 16 U.S.C. 1431 et seq. § 922.192 Joint Management Committee. top (a) A state/federal Joint Management Committee shall be established to oversee and engage in decision-making authority for the Thunder Bay National Marine Sanctuary and Underwater Preserve. (b) The Joint Management Committee shall be comprised of one Federal employee named by the NOAA Administrator and one state employee named by the Governor of Michigan. The Federal employee cannot be the sanctuary manager (the individual who exercises day-to-day management over the Sanctuary) and must have a civil service grade higher than that of the sanctuary manager. (c) The Joint Management Committee shall: (1) Develop a position description for, recruit prospective candidates for the position of, interview candidates for the position of, and take part in the annual performance evaluation of, the sanctuary manager; (2) Approve revisions to the Management Plan; (3) Approve annual work plans; (4) Approve, on an annual basis, the expenditure of allocated state and federal funds and other sources of revenue for the Thunder Bay National Marine Sanctuary and Underwater Preserve, in accordance with the Management Plan and the annual work plans; and (5) Make decisions on other key issues related to management of the Thunder Bay National Marine Sanctuary and Underwater Preserve. (d) The Joint Management Committee shall meet as agreed to by the members but not less than once annually. (e) If the Joint Management Committee is unable to reach agreement on an issue, the members shall follow the “Consultation and Conflict Resolution” procedures set forth in the Interlocal Agreement between NOAA and the State of Michigan. (f) The Joint Management Committee may invite affected public parties to participate in selected aspects of Sanctuary management as: (1) Parties to the Interlocal Agreement pursuant to the Michigan Urban Cooperation Act of 1967, MCL 124.501 et seq.; and/or (2) Pursuant to the NMSA. § 922.193 Prohibited or otherwise regulated activities. top (a) Except as specified in paragraphs (b) through (d) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Recovering, altering, destroying, possessing, or attempting to recover, alter, destroy, or possess an underwater cultural resource. (2) Drilling into, dredging or otherwise altering the lakebottom associated with underwater cultural resources, including contextual information; or constructing, placing or abandoning any structure, material or other matter on the lakebottom associated with underwater cultural resources, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Minor projects (as defined in Appendix B of this subpart) that do not adversely affect underwater cultural resources. (3) Using grappling hooks or other anchoring devices on underwater cultural resource sites that are marked with a mooring buoy. (4) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulations issued under the Act. (b) Members of a federally-recognized Indian tribe may exercise treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this subpart. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary, provided that the rights are authorized by the tribe by regulation, license, or permit. (c) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to valid law enforcement activities, or any activity necessary to respond to an emergency threatening life or the environment. (d) The prohibitions in paragraphs (a) (1) through (3) of this section do not apply to any activity: (1) Specifically authorized by, and conducted in accordance with the scope, purpose, terms and conditions of, a permit issued pursuant to §922.195 or a Special Use Permit issued pursuant to section 310 of the NMSA. (2) Specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization in existence on the effective date of these regulations, or by any valid right of subsistence use or access in existence on the effective date of these regulations, provided that the holder of such authorization or right complies with §922.194 and §922.47 and with any terms and conditions for the exercise of such authorization or right imposed by the Director as a condition of certification as he or she deems reasonably necessary to achieve the purposes for which the Sanctuary was designated. § 922.194 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity. top (a) A person may conduct an activity prohibited by §922.193 (a)(1) through (3) if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence on the effective date of Sanctuary designation, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, provided that: (1) for any State or local lease, permit, license, approval, or other authorization, or any right of subsistence use, the State Archaeologist certifies to the Director, within 90 days of the effective date of designation, that the activity authorized under the State or local lease, permit, license, approval, or other authorization, or any right of subsistence use, is being conducted consistent with the Programmatic Agreement, in which case such activity shall be deemed to have met the requirements of this section and §922.47; or (2) In the case where either: (i) The State Archaeologist does not certify that the activity authorized under a State or local lease, permit, license, approval, or other authorization, or right of subsistence use is being conducted consistent with the Programmatic Agreement; or (ii) The activity is conducted pursuant only to a Federal permit, the holder of the authorization or right complies with paragraphs (b) through (k) of this section. (b) For an activity described in paragraph (a)(2) of this section, the holder of the authorization or right may conduct the activity prohibited by §922.193 (a)(1) through (3) provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or right; (2) The holder complies with the other provisions of §922.194; and (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (c) The holder of an authorization or right described in paragraph (a)(2) of this section authorizing an activity prohibited by §922.193 may conduct the activity without being in violation of applicable provisions of §922.193, pending final agency action on his or her certification request, provided the holder is in compliance with this §922.194. (d) Any holder of an authorization or right described in paragraph (a)(2) of this section may request the Director to issue a finding as to whether the activity for which the authorization has been issued, or the right given, is prohibited by §922.193, thus requiring certification under this section. (e) Requests for findings or certifications should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuary Manager, Thunder Bay National Marine Sanctuary and Underwater Preserve, 1305 East-West Highway, N/ORM, Silver Spring, Maryland, 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (f) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request. (g) The Director may amend any certification made under this §922.194 whenever additional information becomes available justifying such an amendment. (h) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this §922.194, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (i) Any time limit prescribed in or established under this §922.194 may be extended by the Director for good cause. (j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in §922.50. (k) Any amendment, renewal, or extension made after the effective date of Sanctuary designation, to a lease, permit, license, approval, other authorization or right is subject to the provisions of §922.195 and §922.49. (l) For any activity authorized pursuant to §922.193 (b), the holder of such license or permit shall notify the Director, in writing, within 90 days of the effective date of Sanctuary designation, of the existence of such authorization or right. § 922.195 Permit procedures and criteria. top (a) A person may conduct an activity prohibited by §922.193 (a)(1) through (3), if conducted in accordance with the scope, purpose, terms and conditions of a State Permit provided that: (1) The State Archaeologist certifies to NOAA that the activity authorized under the State Permit will be conducted consistent with the Programmatic Agreement, in which case such State Permit shall be deemed to have met the requirements of §922.49; or (2) In the case where the State Archaeologist does not certify that the activity to be authorized under a State Permit will be conducted consistent with the Programmatic Agreement, the person complies with the requirements of §922.49 of this part. (b) If no State Permit is required to conduct an activity prohibited by §922.193 (a)(1) through (3) of this subpart, a person may conduct such activity if it is conducted in accordance with the scope, purpose, terms and conditions of a Federal permit, provided that the person complies with the provisions of §922.49 of this part. (c) In instances where the conduct of an activity is prohibited by §922.193 (a)(1) through (3) of this subpart is not addressed under a State or other Federal lease, license, permit or other authorization, a person must obtain a Sanctuary permit from NOAA pursuant to §922.48 (c) through (f) of this part and the Programmatic Agreement in order to conduct the activity. (d) A permit for recovery of an underwater cultural resource may be issued if: (1) The proposed activity satisfies the requirements for permits described under paragraphs (a) through (c) of this section; (2) The recovery of the underwater cultural resource is in the public interest; (3) Recovery of the underwater cultural resource is part of research to preserve historic information for public use; and (4) Recovery of the underwater cultural resource is necessary or appropriate to protect the resource, preserve historical information, or further the policies of the Sanctuary. (e) A person shall file an application for a permit with the Michigan Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, MI, 48909-7958. The application shall contain all of the following information: (1) The name and address of the applicant; (2) Research plan that describes in detail the specific research objectives and previous work done at the site. An archaeological survey must be conducted on a site before an archaeological permit allowing excavation can be issued; (3) Description of significant previous work in the area of interest, how the proposed effort would enhance or contribute to improving the state of knowledge, why the proposed effort should be performed in the Sanctuary, and its potential benefits to the Sanctuary; (4) An operational plan that describes the tasks required to accomplish the project's objectives and the professional qualifications of those conducting and supervising those tasks (see §922.195(e)(9) of this section). The plan must provide adequate description of methods to be used for excavation, recovery and the storage of artifacts and related materials on site, and describe the rationale for selecting the proposed methods over any alternative methods; (5) Archaeological recording, including site maps, feature maps, scaled photographs, and field notes; (6) An excavation plan describing the excavation, recovery and handling of artifacts; (7)(i) A conservation plan documenting: (A) The conservation facility's equipment; (B) Ventilation temperature and humidity control; and (C) storage space. (ii) Documentation of intended conservation methods and processes must also be included; (8) A curation and display plan for the curation of the conserved artifacts to ensure the maintenance and safety of the artifacts in keeping with the Sanctuary's federal stewardship responsibilities under the Federal Archaeology Program (36 CFR Part 79, Curation of Federally-Owned and Administered Archaeological Collections); and (9) Documentation of the professional standards of an archaeologist supervising the archaeological recovery of historical artifacts. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus: (i) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; (ii) At least four months of supervised field and analytic experience in general North American archaeology; (iii) Demonstrated ability to carry research to completion; and (iv) At least one year of full-time professional experience at a supervisory level in the study of archeological resources in the underwater environment. § 922.196 Emergency regulations. top (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to an underwater cultural resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Michigan. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. § 922.197 Consultation with affected federally-recognized Indian tribes. top The Director shall regularly consult with the governing bodies of affected federally-recognized Indian tribes regarding areas of mutual concern. § 922.198 Procedures for determining watercraft and related items which sink on or after the date of Sanctuary designation to be an underwater cultural resource. top The Director, in consultation with the State of Michigan, appropriate federal agencies, and the governing body of any affected federally-recognized tribe, may determine, after providing 45 days for public comment, that any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sinks on or after the date of Sanctuary designation, to be an underwater cultural resource if such is determined by the Director to be 50 years or older and of special national significance due to architectural significance or association with individuals or events that are significant to local or national history. Appendix A to Subpart R of Part 922—Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Coordinates top [Based on North American Datum of 1983] ------------------------------------------------------------------------ Point Latitude Longitude ------------------------------------------------------------------------ 1....................................... 45°12[min] 83°23[min] 25.5[sec] 18.6[sec] 2....................................... 45°12[min] 83°00[min] 25.5[sec] 00[sec] 3....................................... 44°51[min] 83°00[min] 30.5[sec] 00[sec] 4....................................... 44°51[min] 83°19[min] 30.5[sec] 17.3[sec] ------------------------------------------------------------------------ Appendix B to Subpart R of Part 922—Minor Projects for Purposes of §922.193(a)(2)(iii) top Pursuant to Michigan State Administrative Rule R 322.1013 of Part 325, Great Lakes Submerged Lands of Public Act 451 (Michigan State Statute), the Michigan Department of Environmental Quality (Department) issues permits for projects that are of a minor nature which are not controversial, which have minimal adverse environmental impact, which will be constructed of clean, non-polluting materials, which do not impair the use of the adjacent bottomlands by the public, and which do not adversely affect riparian interests of adjacent owners. The following projects are minor projects: (a) Noncommercial single piers, docks, and boat hoists which meet the following design criteria: (i) are of a length or size not greater than the length or size of similar structures in the vicinity and on the watercourse involved; and (ii) provide for the free littoral flow of water and drift material. (b) Spring piles and pile clusters when their design and purpose is usual for such projects in the vicinity and on the watercourse involved. (c) Seawalls, bulkheads, and other permanent revetment structures which meet all of the following purpose and design criteria: (i) the proposed structure fulfills an identifiable need for erosion protection, bank stabilization, protection of uplands, or improvements on uplands; (ii) the structure will be constructed of suitable materials free from pollutants, waste metal products, debris, or organic materials; (iii) the structure is not more than 300 feet in length and is located in an area on the body of water where other similar structures already exist; (iv) the placement of backfill or other fill associated with the construction does not exceed an average of 3 cubic yards per running foot along the shoreline and a maximum of 300 cubic yards; and (v) the structure or any associated fill will not be placed in a wetland area or placed in any manner that impairs surface water flow into or out of any wetland area. (d) Groins 50 feet or less in length, as measures from the toe to bluff, which meet all of the following criteria: (i) the groin is low profile, with the lakeward end not more than 1 foot above the existing water level; and (ii) the groin is placed at least 1/2 of the groin length from the adjacent property line or closer with written approval of the adjacent riparian. (e) Filling for restoration of existing permitted fill, fills placed incidental to construction of other structures, and fills that do not exceed 300 cubic yards as a single and complete project, where the fill is of suitable material free from pollutants, waste metal products, debris, or organic materials. (f) Dredging for the maintenance of previously dredged areas or dredging of not more than 300 cubic yards as a single and complete project when both of the following criteria are met: (i) No reasonable expectation exists that the materials to be dredged are polluted; and (ii) All dredging materials will be removed to an upland site exclusive of wetland areas. (g) Structural repair of man-made structures, except as exempted by Michigan State Administrative Rule R 322.1008(3), when their design and purpose meet both of the following criteria: (i) The repair does not alter the original use of a recently serviceable structure; and (ii) The repair will not adversely affect public trust values or interests, including navigation and water quality. (h) Fish or wildlife habitat structures which meet both of the following criteria: (i) Are placed so the structures do not impede or create a navigational hazard; and (ii) Are anchored to the bottomlands. (i) Scientific structures such as staff gauges, water monitoring devices, water quality testing devices, survey devices, and core sampling devices, if the structures do not impede or create a navigational hazard. (j) Navigational aids which meet both of the following criteria: (i) Are approved by the United States Coast Guard; and (ii) Are approved under Michigan State Act No. 303 of the Public Acts of 1967, as amended, being Section 281.1001 et seq. of the Michigan Compiled Laws, and known as the Marine Safety Act. (k) Extension of a project where work is being performed under a current permit and which will result in no damage to natural resources. (l) A sand trap wall which meets all of the following criteria: (i) The wall is 300 feet or less in length along the shoreline; (ii) The wall does not extend more than 30 feet lakeward of the toe of bluff; (iii) The wall is low profile, that is, it is not more than 1 foot above the existing water level; and (iv) The wall is constructed of wood or steel or other non-polluting material. (m) Physical removal of man-made structures or natural obstructions which meet all of the following criteria: (i) The debris and spoils shall be removed to an upland site, not in a wetland, in a manner which will not allow erosion into public waters; (ii) The shoreline and bottom contours shall be restored to an acceptable condition; and (iii) Upon completion of structure removal, the site does not constitute a safety or navigational hazard. Department staff shall consider fisheries and wildlife resource values when evaluating applications for natural obstruction removal.