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Appendix B. Proposed Notice of Designation and Final Rule Making
Section V: Miscellaneous Rulemaking Requirements

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Cover
Table of Contents
List of Figures
List of Tables
Part I:
Executive Summary
Part II:
The Affected Environment
  I. Regional Context
  II. Sanctuary Resources
  III. Human ActivitiesI
  IV. Existing Resource Protection Regime
Part III:
Alternatives Including The Preferred Alternative
  I. Boundary Alternatives
  II.Regulatory Alternatives
  III. Management Alternatives
Part IV
Environmental Concequences
  I. Boundary Alternatives
  II. Regulatory Alternatives
  III. Management Alternative Consequences
  IV. Unavoidable Adverse Environmental or Socioeconomic Effects
  V. Relationship Between Short-term Uses of the Environment and the Maintenance and Enhancement of Long-term Productivity
Part V:
Sanctuary Management Plan
  I. Introduction
  II. Resource Protection
  III. Research
  IV. Education
  V. Administration
Part VI:
List of Preparers and Alternatives
Part VII:
List of Agencies, Organizations, and Persons Receiving Copies
Part VIII:
References
Part IX
Appendices

Appendix B TOC

V. Miscellaneous Rulemaking Requirements

Executive Order 12291
Under Executive Order 12291, the Department must judge whether the regulations in this notice are "major" within the meaning of section 1 of the Order, and therefore subject to the requirement that a Regulatory Impact Analysis be prepared. The Administrator of NOAA has determined that the regulations in this notice are not major because they are not likely to result in:

(1) An annual effect on the economy of $100 million or more;

(2) A major increase in costs or prices for consumers, individual industries, Federal, state or local government agencies or geographic regions; or

(3) Significant adverse effects on competition, employment, investment, productivity, innovation or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets.

Regulatory Flexibility Act
The regulations in this notice allow all activities to be conducted in the Sanctuary other than a relatively narrow range of prohibited activities. The procedures in these regulations for applying for National Marine Sanctuary permits to conduct prohibited activities, for requesting certifications for pre- existing leases, licenses, permits, approvals, other authoriza- tions or rights authorizing the conduct of a prohibited activity, and for notifying NOAA of applications for leases, licenses, permits, approvals or other authorizations to conduct a prohibited activity will all act to lessen any adverse economic effect on small entities. The regulations, in total, will not have a significant economic impact on a substantial number of small entities, and when they were proposed the General Counsel of the Department of Commerce so certified to the Chief Counsel for Advocacy of the Small Business Administration. As a result, neither an initial nor final Regulatory Flexibility Analysis was prepared.

Paperwork Reduction Act
This rule contains collection of information requirements subject to the requirements of the Paperwork Reduction Act (Pub. L. No. 96-511). The collection of information requirements contained in the rule have been reviewed by the Office of Management and Budget (OMB) under section 3504(h) of the Paperwork Reduction Act and have been approved under OMB Control No. 0648- 0141. Comments from the public on the collection of information requirements contained in this rule are invited and should be addressed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503 (Attn: Desk Officer for NOAA) and to Richard Roberts, Room 305, 6010 Executive Boulevard, Rockville, MD 20852.

Executive Order 12612
A Federalism Assessment (FA) was prepared for the proposed designation, draft management plan and proposed implementing regulations. The FA concluded that all were fully consistent with the principles, criteria and requirements set forth in sections 2 through 5 of Executive Order 12612, Federalism Considerations in Policy Formulation and Implementation (52 Fed. Reg. 41685, Oct. 26, 1987). Copies of the FA are available upon request to the Office of Ocean and Coastal Resource Management at the address listed above.

National Environmental Policy Act
In accordance with Section 304(a)(2) of the Act (16 U.S.C. 1434(a)(2)) and the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370(a)), a DEIS/MP was prepared for the designation and the proposed regulations. As required by Section 304(a)(2) of the Act, the DEIS/MP included the resource assessment report required by Section 303(b)(3) of the Act (16 U.S.C. 1433(b)(3)), maps depicting the boundary of the area proposed to be designated, and the existing and potential uses and resources of the area. Copies of the DEIS/MP were made available for public review on August 3, 1990, with comments due on October 3, 1990. Public hearings were held in Monterey, Santa Cruz and Half Moon Bay, California from September 12 to 14, 1990. All comments were reviewed and, where appropriate, incorporated into the FEIS/MP and these regulations. Copies of the FEIS/MP are available upon request (see address section).

Executive Order 12630
This rule does not have takings implications within the meaning of Executive Order 12630 sufficient to require preparation of a Takings Implications Assessment under that order. It would not appear to have an effect on private property sufficiently severe as effectively to deny economically viable use of any distinct legally potential property interest to its owner or to have the effect of, or result in, a permanent or temporary physical occupation, invasion, or deprivation. While the prohibition on the exploration, development and production of oil, gas and minerals from the Sanctuary might have a takings implication if it abrogated an existing lease for OCS tracts within the Sanctuary or an approval of an exploration or development and production plan, no OCS leases have been sold for tracts within the Sanctuary and no exploration or production and development plans have been filed or approved.

List of Subjects in 15 CFR Part 944
Administrative practice and procedure, Coastal zone, Education, Environmental protection, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Reporting and recordkeeping requirements, Research.

 

W. Stanley Wilson
Assistant Administrator for Ocean Services and Coastal Zone Management

Federal Domestic Assistance Catalog Number 11.429
Marine Sanctuary Program

 

Accordingly, for the reasons set forth above, 15 CFR Chapter IX is amended as follows:

1. Subchapter B heading is added to read as follows: Subchapter B - Ocean and Coastal Resource Management

2. Parts 921 through 943 are transferred from subchapter A to subchapter B.

3. Part 944 is added to subchapter B to read as follows: PART 944 - MONTEREY BAY NATIONAL MARINE SANCTUARY

 

Sec

944.1

Purpose

944.2

Boundary

944.3

Definitions

944.4

Allowed activities

944.5

Prohibited activities.

944.6

Emergency regulations

944.7

Penalties for violations of regulations

944.8

Response costs and damages

944.9

National Marine Sanctuary permits - application procedures and issuance criteria

944.10

Certification of pre-existing leases, licenses, permits, approvals, other authorizations or rights to conduct a prohibited activity.

944.11

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

944.12

Appeals of administrative action.

Appendix I to Part 944 - Monterey Bay National Marine Sanctuary Boundary Coordinates

Appendix II to Part 944 - Zones Within the Sanctuary Where Overflights Below 1000 Feet Are Prohibited

Appendix III to Part 944 - Zones and Access Routes Within the Sanctuary Where the Operation of Personal Water Craft Is Allowed

Appendix IV to Part 944 - Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary

Authority: Sections 302, 303, 304, 305, 307, 310 and 312 of Title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1431 et seq.).

§ 944.1 Purpose
The purpose of the regulations in this Part is to implement the designation of the Monterey Bay National Marine Sanctuary by regulating activities affecting the Sanctuary consistent with the terms of that designation in order to protect and manage the conservation, ecological, recreational, research, educational, historical and esthetic resources and qualities of the area.

§ 944.2 Boundary.

(a) The Monterey Bay National Marine 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 Farallones National Marine Sanctuary and runs westward to approximately 123š07'W. The boundary then extends south in an arc which generally follows the 500 fathom isobath. At approximately 37š03'N, the boundary arcs south to 122š25'W, 36š10'N, due west of Partington Point. The boundary again follows the 500 fathom isobath south to 121š41'W, 35š33'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 Gulf of Farallones National Marine Sanctuary 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 precise boundary of the Sanctuary appears in Appendix I to this part.

§ 944.3 Definitions.

(a) The following definitions apply to this part:

Act means Title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1431 et seq.).

Administrator or Under Secretary means the Administrator of the National Oceanic and Atmospheric Administration/Under Secretary of Commerce for Oceans and Atmosphere.

Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration.

Director means the Director of the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. Effective date of Sanctuary designation means the date the regulations in this part implementing the designation of the Sanctuary become effective.

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.

Historical resource means any resource possessing historical, cultural, archaeological or paleontological significance, including sites, structures, districts and objects significantly associated with or representative of earlier people, cultures and human activities and events. Historical resources include historical properties as defined in the National Historic Preservation Act, as amended, and implementing regulations, as amended.

Injure means to change adversely, either in the long or short term, a chemical, biological or physical attribute of, or the viability of. To "injure" therefore includes, but is not limited to, to cause the loss of and to destroy.

Mineral means clay, stone, sand, gravel, metalliferous ore, nonmetalliferous ore or any other solid material or other matter of commercial value.

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.

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.

Sanctuary means the Monterey Bay National Marine Sanctuary.

Sanctuary quality means any particular and essential characteristic 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 the Sanctuary that contributes to its conservation, recreational, ecological, historical, research, educational or esthetic value, including, but not limited to, the substratum of the Monterey Bay area, bottom formations, coralline algae, marine plants and algae, invertebrates, plankton, fish, birds, sea turtles, marine mammals and historical resources.

Take or taking means the following:

(1)
(i) For any sea turtle, marine mammal or seabird listed as either endangered or threatened pursuant to the Endangered Species Act, the term means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure, or to attempt to engage in any such conduct;

(ii) For any other sea turtle, marine mammal or seabird, the term means to harass, hunt, capture, kill, collect or injure, or to attempt to engage in any such conduct.

 

(2) For the purpose of both paragraphs (1)(i) and (ii), of this definition the term includes, but is not limited to, any of the following activities: collecting any dead or injured sea turtle, marine mammal or seabird, or any part thereof; restraining or detaining any sea turtle, marine mammal or seabird, or any part thereof, no matter how temporarily; tagging any sea turtle, marine mammal or seabird; operating a vessel or aircraft or doing any other act that results in the disturbing or molesting of any sea turtle, marine mammal or seabird.

Vessel means a watercraft of any description capable of being used as a means of transportation in/on the waters of the Sanctuary.

(b) Other terms appearing in the regulations in this Part are defined at 15 CFR 922.2 and/or in the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 33 U.S.C. 1401 et seq. and 16 U.S.C. 1431 et seq.

§ 944.4 Allowed activities.
All activities except those prohibited by § 944.5 may be undertaken subject to any emergency regulations promulgated pursuant to § 944.6, subject to all prohibitions, restrictions and conditions validly imposed by any other authority of competent jurisdiction, and subject to the liability established by Section 312 of the Act (see § 944.8).

§ 944.5 Prohibited activities.

(a) Except as specified in paragraphs (c) through (h) of this § 944.5, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted:

(1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary.

(2) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except:

(i) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary;

(ii) 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.;

(iii) 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;

(iv) Engine exhaust; or

(v) 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, provided that the activity is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval existing on the effective date of Sanctuary designation.

(3) 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) through (iv) of this § 944.5 and dredged material deposited at the authorized disposal sites described in Appendix IV to this part, provided that the dredged material disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval.

(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 kelp harvesting, aquaculture or traditional fishing operations.

(5) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the 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 the effective date of Sanctuary designation, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties; or (v) Construction, repair, replacement or rehabilitation of docks or piers.

(6) 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.

(7) 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 II to this Part.

(8) Operating motorized personal water craft within the Sanctuary except within the four designated zones and access routes within the Sanctuary described in Appendix III to this Part.

(9) 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.

(10) 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 regulations in this Part shall be applied to foreign persons and foreign vessels in accordance with generally recognized principles of international law, and in accordance with treaties, conventions and other international agreements to which the United States is a party.

(c) The prohibitions in paragraphs (a)(2) through (10) of this § 944.5 do not apply to activities necessary to respond to emergencies threatening life, property or the environment.

(d)

(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 § 944.5 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 (FEIS/MP) for the Proposed Monterey Bay National Marine Sanctuary (NOAA, 1992). (Copies of the FEIS/MP are available from the Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Suite 714, Washington, D.C. 20235.) New activities may be exempted from the prohibitions in paragraphs (a)(2) through (9) of this § 944.5 by the Director or designee after consultation between the Director or designee 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 or designee 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 (9) of this § 944.5 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 § 944.9 or a Special Use permit issued pursuant to Section 310 of the Act.

(f) The prohibitions in paragraphs (a)(2) through (9) of this § 944.5 do not apply to any activity authorized by a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, provided that the holder of such authorization or right complies with § 944.10 and with any terms and conditions on the exercise of such authorization or right imposed by the Director or designee as a condition of certification as he or she deems necessary to achieve the purposes for which the Sanctuary was designated.

(g) The prohibitions in paragraphs (a)(2) through (9) of this § 944.5 do not apply to any activity authorized by any lease, permit, license, approval or other authorization issued after the effective date of Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with § 944.11, the Directoror designee 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 or designee 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 § 944.5, in no event may the Director or designee issue a National Marine Sanctuary permit under § 944.9 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 § 944.10, of valid authorizations in existence on the effective date of Sanctuary designation 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 the effective date of Sanctuary designation. Any purported authorizations issued by other authorities after the effective date of Sanctuary designation for any of these activities within the Sanctuary shall be invalid.

§ 944.6 Emergency regulations.
Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss or injury, any and all activities are subject to immediate temporary regulation, including prohibition.

§ 944.7 Penalties for violations of regulations.
(a) Each violation of the Act, any regulation in this Part, or any permit issued pursuant thereto, is subject to a civil penalty of not more than $50,000. 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.

§ 944.8 Response costs and damages.
Under Section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury, and any vessel used to destroy, cause the loss of, or injure any sanctuary resource is liable in rem to the United States for response costs and damages resulting from such destruction, loss or injury.

§ 944.9 National Marine Sanctuary permits - application procedures and issuance criteria.
(a) A person may conduct an activity prohibited by § 944.5(a)(2) through (9) if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this § 944.9.

(b) Applications for such permits should be addressed to the Director of the Office of Ocean and Coastal Resource Management; ATTN: Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Washington, D.C. 20235. An application must include a detailed description of the proposed activity including a timetable for completion of the activity and the equipment, personnel and methodology to be employed. The qualifications and experience of all personnel must be set forth in the application. The application must set forth the potential effects of the activity, if any, on Sanctuary resources and qualities. Copies of all other required licenses, permits, approvals or other authorizations must be attached.

(c) Upon receipt of an application, the Director or designee 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.

(d) The Director or designee, 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 § 944.5(a)(2) through (9), if the Director or designee finds that the activity will have only negligible short-term adverse effects on Sanctuary resources and qualities and will: further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; assist in 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 or designee 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 or designee may consider such other factors as he or she deems appropriate.

(e) A permit issued pursuant to this § 944.9 is nontransferable.

(f) The Director or designee may amend, suspend or revoke a permit issued pursuant to this § 944.9 for good cause. The Director or designee may deny a permit application pursuant to this § 944.9, 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 part 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.

(g) 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.

(h) The Director or designee 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.

(i) The Director or designee 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.

(j) 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 § 944.12.

§ 944.10 Certification of pre-existing leases, licenses, permits, approvals, other authorizations or rights to conduct a prohibited activity.
(a) The prohibitions set forth in § 944.5(a)(2) through (9) do not apply to any activity authorized by a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, provided that:

(1) The holder of such authorization or right notifies the Director or designee, 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 this § 944.10; 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 or designee, to achieve the purposes for which the Sanctuary was designated.

(b) The holder of a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, or of any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, authorizing an activity prohibited by § 944.5(a)(2) through (9) may conduct the activity without being in violation of § 944.5, pending final agency action on his or her certification request, provided the holder is in compliance with this § 944.10.

(c) Any holder of a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, or any holder of a valid right of subsistence use or access in existence on the effective date of Sanctuary designation may request the Director or designee to issue a finding as to whether the activity for which the authorization has been issued, or the right given, is prohibited under § 944.5(a)(2) through (9).

(d) Requests for findings or certifications should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Washington, D.C. 20235. A copy of the lease, permit, license, approval or other authorization must accompany the request.

(e) The Director or designee may request additional information from the certification requester as or he deems 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 or designee within 45 days of the postmark date of the request. The Director or designee may seek the views of any persons on the certification request.

(f) The Director or designee may amend any certification made under this § 944.10 whenever additional information becomes available justifying such an amendment.

(g) The Director or designee shall communicate any decision on a certification request or any action taken with respect to any certification made under this § 944.10, 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 § 944.10 may be extended by the Director or designee 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 § 944.12.

(j) Any amendment, renewal or extension not in existence on the effective date of Sanctuary designation of a lease, permit, license, approval, other authorization or right is subject to the provisions of § 944.11.

(k)

(1) The National Oceanic and Atmospheric Administration (NOAA) has entered into a Memorandum of Agreement (MOA) with the State of California, EPA and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary. With regard to permits, the MOA encompasses:
(i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and

(ii) Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code.

(2) The MOA specifies how the certification process of this § 944.10 will be administered within State waters within the Sanctuary in coordination with the State permit program.

(3) The MOA may be obtained from the Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Manage- ment, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Suite 714, Washing- ton, D.C. 20235.

§ 944.11 Notification and review of applications for leases, licenses, permits, approvals or other authorizations to conduct a prohibited activity.
(a)

(1) The prohibitions set forth in § 944.5(a)(2) through (9) do not apply to any activity authorized by any valid lease, permit, license, approval or other authorization issued after the effective date of Sanctuary designation by any Federal, State or local authority of competent jurisdiction, provided that:
(i) The applicant notifies the Director or designee, in writing, of the application for such authorization (and of any application for an amendment, renewal or extension of such authorization) within fifteen (15) days of the date of application or of the effective date of Sanctuary designation, whichever is later;

(ii) The applicant complies with the other provisions of this § 944.11;

(iii) The Director or designee notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization (or amendment, renewal or extension); and

(iv) The applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities.

(2) The authority granted the Director under this § 944.11 to object to or impose terms or conditions on the exercise of any valid lease, permit, license, approval or other authorization issued after the effective date of Sanctuary designation may not be delegated or otherwise assigned to other Federal officials below the Director's level.

(b) Any potential applicant for a lease, permit, license, approval or other authorization from any Federal, State or local authority (or for an amendment, renewal or extension of such authorization) may request the Director or designee to issue a finding as to whether the activity for which an application is intended to be made is prohibited by § 944.5(2) through (9).

(c) Notifications of filings of applications and requests for findings should be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Washington, D.C. 20235. A copy of the application must accompany the notification.

(d) The Director or designee may request additional information from the applicant as he or she deems necessary to determine whether to object to issuance of such lease, license, permit, approval or other authorization (or to issuance of an amendment, extension or renewal of such authorization), or what terms and conditions are necessary protect Sanctuary resources and qualities. The information requested must be received by the Director or designee within 45 days of the postmark date of the request. The Director or designee may seek the views of any persons on the application.

(e) The Director, or designee if there are no objections, terms or conditions, shall notify, in writing, the agency to which application has been made of his or her review of the application and possible objection to issuance. After review of the application and information received with respect thereto, the Director, or designee if there are no objections, terms or conditions, shall notify both the agency and applicant, in writing, whether he or she has an objection to issuance and what terms and conditions he or she deems necessary to protect Sanctuary resources and qualities. The Director shall state the reason(s) for any objection or the reason(s) that any terms and conditions are deemed necessary to protect Sanctuary resources and qualities.

(f) The Director may amend the terms and conditions deemed necessary to protect Sanctuary resources and qualities whenever additional information becomes available justifying such an amendment.

(g) Any time limit prescribed in or established under this § 944.11 may be extended by the Director or designee 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 procedures set forth in § 944.12.

(i)

(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary. With regard to permits, the MOA encompasses:
(i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and

(ii) Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code.

(2) The MOA specifies how the process of this § 944.11 will be administered within State waters within the Sanctuary in coordination with the State permit program.

 

§ 944.12 Appeals of administrative action.
(a) 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 § 944.9 National Marine Sanctuary permit, an applicant for, or a holder of, a Section 310 of the Act Special Use permit, a § 944.10 certification requester or a § 944.11 applicant (hereinafter appellant) may appeal to the Assistant Administrator or designee:

(1) The grant, denial, conditioning, amendment, suspension or revocation by the Director or designee of a National Marine Sanctuary or Special Use permit;

(2) The conditioning, amendment, suspension or revocation of a certification under § 944.10; or

(3) The objection to issuance or the imposition of terms and conditions under § 944.11.

(b) An appeal under paragraph (a) of this § 944.12 must be in writing, state the action(s) by the Director or designee appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice of the action by the Director or designee. Appeals should be addressed to the Assistant Administrator, Office of Ocean and Coastal Resource Management, ATTN: Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, N.W., Washington, D.C. 20235.

(c) While the appeal is pending, appellants requesting certification pursuant to § 944.10 who are in compliance with such section may continue to conduct their activities without being in violation of the prohibitions in § 944.5(a)(2) through (9). All other appellants may not conduct their activities without being subject to the prohibitions in § 944.5(a)(1) through (10).

(d) The Assistant Administrator or designee may request the appellant to submit such information as the Assistant Administrator or designee deems necessary in order for him or her to decide the appeal. The information requested must be received by the Assistant Administrator or designee within 45 days of the postmark date of the request. The Assistant Administrator may seek the views of any other persons. The Assistant Administrator or designee may hold an informal hearing on the appeal. If the Assistant Administrator or designee determines that an informal hearing should be held, the Assistant Administrator or designee may designate an officer before whom the hearing shall be held. 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 or designee 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 or designee.

(e) The Assistant Administrator or designee 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 or designee 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 or designee shall notify the appellant of the final decision and the reason(s) therefor in writing. The Assistant Administrator or designee's decision shall constitute final agency action for the purposes of the Administrative Procedure Act.

(f) Any time limit prescribed in or established under this § 944.12 other than the 30 day limit for filing an appeal may be extended by the Assistant Administrator, designee or hearing officer for good cause.

Appendix I to Part 944 - Monterey Bay National Marine Sanctuary Boundary Coordinates

(Appendix Based on North American Datum of 1983.)

Approximately 4,024 Square Nautical Miles

 

POINT

LATITUDE

LONGITUDE

1

37 52 56.09055

122 37 39.12564

2

37 39 59.06176

122 45 3.79307

3

37 36 58.39164

122 46 9.73871

4

37 34 17.30224

122 48 14.38141

5

37 31 47.55649

122 51 35.56769

6

37 30 34.11030

122 54 22.12170

7

37 29 39.05866

123 00 27.70792

8

37 30 29.47603

123 05 46.22767

9

37 31 17.66945

123 07 47.63363

10

37 27 10.93594

123 08 24.32210

11

37 20 35.37491

123 07 54.12763

12

37 13 50.21805

123 06 15.50600

13

37 07 48.76810

123 01 43.10994

14

37 03 46.60999

122 54 45.39513

15

37 02 06.30955

122 46 35.02125

16

36 55 17.56782

122 48 21.41121

17

36 48 22.74244

122 48 56.29007

18

36 41 30.91516

122 48 19.40739

19

36 34 45.76070

122 46 26.96772

20

36 28 24.18076

122 43 32.43527

21

36 22 20.70312

122 39 28.42026

22

36 16 43.93588

122 34 26.77255

23

36 11 44.53838

122 28 37.16141

24

36 07 26.88988

122 21 54.97541

25

36 04 07.08898

122 14 39.75924

26

36 01 28.22233

122 07 00.19068

27

35 59 45.46381

121 58 56.36189

28

35 58 59.12170

121 50 26.47931

29

35 58 53.63866

121 45 22.82363

30

35 55 45.60623

121 42 40.28540

31

35 50 15.84256

121 43 09.20193

32

35 43 14.26690

121 42 43.79121

33

35 35 41.88635

121 41 25.07414

34

35 33 11.75999

121 37 49.74192

35

35 33 17.45869

121 05 52.89891

36

37 35 39.73180

122 31 14.96033

37

37 36 49.21739

122 37 00.22577

38

37 46 00.98983

122 39 00.40466

39

37 49 05.69080

122 31 46.30542

Appendix II to Part 944 - Zones Within the Sanctuary Where Overflights Below 1000 Feet Are Prohibited
The four zones are: (1) from mean high water out to three nautical miles between a line extending from Point Santa Cruz on a southwesterly heading of 220š and a line extending from 2.0 nautical miles north of Pescadero Point on a southwesterly heading of 240š; (2) from mean high water out to three nautical miles between a line extending from the Carmel River mouth on a westerly heading of 270š and a line extending due west along latitude 35š 33' 17.5612 off of Cambria; (3) from mean high water and within a five nautical mile 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 One bridge to Elkhorn Road.

Appendix III to Part 944 - Zones and Access Routes Within the Sanctuary Where the Operation of Motorized Personal Water Craft Is Allowed The four zones and access routes are:

(1) The approximately one [1.0] square nautical mile area off Pillar Point Harbor from launch ramp (37š 30' N, 122š 29' W) through harbor entrance to the northern boundary of Zone One bounded by (a) 37š 29.6' N (breakwater buoy), 122š 29' W; (b) 37š 28.8' N (bell buoy), 122š 28.9' W; (c) 37š 28.8' N, 122š 28' W; and (d) 37š 29.6' N, 122š 28' W.

(2) The approximately three [3.0] square nautical mile area off of Santa Cruz Small Craft Harbor ramp from 36š 57.4' N along a 100 yard wide access route due south along 122š W to the northern boundary of Zone Two (marked by the whistle buoy at 10 fathom curve) bounded by (a) 36š 55' N, 122š 02' W; (b) 36š 55' N, 121š 58' W; (c) 36š 56.5' N, 121š 58' W; and (d) 36š 56.5' N, 122š 02' W;

(3) The approximately five [5.0] square nautical mile area off of Moss Landing Harbor/Elkhorn Yacht Club Launch Ramp from 36š 48.5' N along a 100 yard wide access route due west along harbor entrance to the eastern boundary of Zone Three bounded by (a) 36š 50' N, 121š 49.3' W; (b) 36š 50' N, 121š 50.8' W; (c) 36š 46.7' N, 121š 50.8' W; (d) 36š 46.7' N, 121š 49' W; (e) 36š 47.8' N, 121š 48.2' W; and (f) 36š 48.9' N, 121š 48.2' W; and

(4) The approximately five [5.0] square nautical mile area off of the U.S. Coast Guard Pier (Monterey Harbor) Launch Ramp from 36š 36.5' N, 121š 53.5' W along a 100 yard wide access route due north to the southern boundary of Zone Four bounded by (a) 36š 38.7' N, 121š 55.4' W; (b) 36š 36.9' N, 121š 52.5' W; (c) 36š 38.3' N, 121š 51.3' W; and (d) 36š 40' N, 121š 54.4' W.

Appendix IV to Part 944 - Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary

(Appendix based on North American Datum of 1983.)

As of the effective date of Sanctuary designation, the U.S. Army Corps of Engineers operates the following dredged material disposal sites adjacent to the Sanctuary off of the Golden Gate:

 

POINT

LATITUDE

LONGITUDE

1

37 45.875

122 34.140

2

37 44.978

122 37.369

3

37 44.491

122 37.159

4

37 45.406

122 33.889

5

37 45.875

122 34.140

In addition, the U.S. Environmental Protection Agency, as of the effective date of Sanctuary designation, 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. When that disposal site is authorized, this appendix will be updated to incorporate its precise location. The site will be located outside the Monterey Bay National Marine Sanctuary and any other existing national marine sanctuary and within one of the following Long-Term Management Strategy ocean study areas:

Study Area 3

The area described by the following points and a five-nautical-mile-wide zone west of the western boundary of that area:

 

POINT

LATITUDE

LONGITUDE

1

37 25.850

123 21.926

2

37 25.793

123 21.928

3

37 25.733

123 21.919

4

37 25.688

123 21.910

5

37 25.630

123 21.896

6

37 25.566

123 21.875

7

37 25.513

123 21.859

8

37 25.451

123 21.820

9

37 25.394

123 21.779

10

37 25.334

123 21.698

11

37 25.268

123 21.595

12

37 25.180

123 21.456

13

37 25.139

123 21.358

14

37 25.057

123 21.240

15

37 24.992

123 21.167

16

37 24.878

123 21.093

17

37 24.765

123 21.034

18

37 24.700

123 20.975

19

37 24.602

123 20.872

20

37 24.521

123 20.783

21

37 24.449

123 20.682

22

37 24.391

123 20.599

23

37 24.342

123 20.503

24

37 24.298

123 20.421

25

37 24.245

123 20.340

26

37 24.193

123 20.238

27

37 24.147

123 20.134

28

37 24.103

123 20.031

29

37 24.062

123 19.934

30

37 24.017

123 19.839

31

37 23.952

123 19.662

32

37 23.906

123 19.517

33

37 23.855

123 19.396

34

37 23.790

123 19.278

35

37 23.728

123 19.125

36

37 23.644

123 18.968

37

37 23.562

123 18.836

38

37 23.482

123 18.707

39

37 23.367

123 18.556

40

37 23.254

123 18.437

41

37 23.123

123 18.319

42

37 22.977

123 18.231

43

37 22.820

123 18.142

44

37 22.685

123 18.113

45

37 22.555

123 18.083

46

37 22.392

123 18.068

47

37 22.229

123 18.054

48

37 22.051

123 18.039

49

37 21.868

123 18.023

50

37 21.697

123 18.023

51

37 21.547

123 18.010

52

37 21.401

123 17.995

53

37 21.173

123 17.980

54

37 20.978

123 17.965

55

37 20.767

123 17.950

56

37 20.588

123 17.936

57

37 20.458

123 17.921

58

37 20.285

123 17.894

59

37 20.179

123 17.876

60

37 20.084

123 17.876

61

37 19.986

123 17.882

62

37 19.877

123 17.894

63

37 19.792

123 17.921

64

37 19.694

123 17.950

65

37 19.592

123 17.999

66

37 19.489

123 18.056

67

37 19.352

123 18.134

68

37 19.223

123 18.231

69

37 19.126

123 18.305

70

37 19.028

123 18.378

71

37 18.914

123 18.482

72

37 18.833

123 18.556

73

37 18.719

123 18.658

74

37 18.615

123 18.764

75

37.18.492

123 18.880

76

37 18.378

123 18.998

77

37 18.265

123 19.101

78

37 18.151

123 19.190

79

37 18.070

123 19.264

80

37 18.004

123 19.328

81

37 17.951

123 19.393

82

37 17.884

123 19.454

83

37 17.805

123 19.525

84

37 17.735

123 19.567

85

37 17.641

123 19.600

86

37 17.565

123 19.617

87

37 17.489

123 19.622

88

37 17.401

123 19.617

89

37 17.352

123 19.606

90

37 17.305

123 19.583

91

37 17.273

123 19.558

92

37 17.248

123 19.514

93

37 25.802

123 0.617

94

37 25.850

123 21.926

The portion of the area described by the above points that lies within the Monterey Bay National Marine Sanctuary as described in Appendix I is excluded.

Study Area 4

The area described by the following points and a five-nautical-mile-wide zone west of the western boundary that area:

 

POINT

LATITUDE

LONGITUDE

1

37 17.496

123 7.528

2

37 17.499

123 14.071

3

37 17.383

123 14.285

4

37 17.279

123 14.412

5

37 17.176

123 14.537

6

37 17.047

123 14.651

7

37 16.949

123 14.754

8

37 16.814

123 14.879

9

37 16.664

123 15.026

10

37 16.568

123 15.118

11

37 16.451

123 15.219

12

37 16.348

123 15.308

13

37 16.206

123 15.383

14

37 16.090

123 15.446

15

37 15.999

123 15.484

16

37 15.818

123 15.547

17

37 15.637

123 15.585

18

37 15.482

123 15.585

19

37 15.314

123 15.598

20

37 15.184

123 15.610

21

37 15.055

123 15.635

22

37 14.912

123 15.673

23

37 14.783

123 15.698

24

37 14.667

123 15.712

25

37 14.551

123 15.724

26

37 14.421

123 15.749

27

37 14.292

123 15.799

28

37 14.188

123 15.850

29

37 14.072

123 15.887

30

37 13.956

123 15.938

31

37 13.801

123 16.001

32

37 13.672

123 16.064

33

37 13.568

123 16.102

34

37 13.451

123 16.178

35

37 13.322

123 16.229

36

37 13.193

123 16.266

37

37 13.063

123 16.279

38

37 12.973

123 16.304

39

37 12.830

123 16.330

40

37 12.650

123 16.355

41

37 12.456

123 16.367

42

37 12.275

123 16.367

43

37 12.122

123 16.349

44

37 11.987

123 16.312

45

37 11.853

123 16.269

46

37 11.754

123 16.216

47

37 11.631

123 16.142

48

37 11.537

123 16.067

49

37 11.473

123 15.994

50

37 11.420

123 15.930

51

37 11.380

123 15.872

52

37 11.344

123 15.825

53

37 11.279

123 15.698

54

37 11.227

123 15.547

55

37 11.188

123 15.421

56

37 11.150

123 15.269

57

37 11.116

123 15.124

58

37 11.098

123 14.980

59

37 11.085

123 14.828

60

37 11.072

123 14.626

61

37 11.059

123 14.437

62

37 11.052

123 14.359

63

37 11.033

123 14.259

64

37 11.004

123 14.158

65

37 10.978

123 14.078

66

37 10.942

123 13.978

67

37 10.890

123 13.877

68

37 10.847

123 13.802

69

37 10.804

123 13.727

70

37 10.712

123 13.614

71

37 10.648

123 13.531

72

37 10.564

123 13.439

73

37 10.508

123 13.370

74

37 10.502

123 7.508

75

37 17.496

123 7.528

Study Area 5

The area described by the following points and a five-nautical-mile-wide zone west of the western boundary that area:

 

POINT

LATITUDE

LONGITUDE

1

37 43.444

123 23.515

2

37 43.436

123 30.053

3

37 34.568

123 30.053

4

37 34.574

123 20.234

5

37 34.661

123 19.507

6

37 34.725

123 19.376

7

37 34.725

123 19.376

8

37 35.031

123 19.452

9

37 35.935

123 19.081

10

37 36.769

123 18.542

11

37 37.698

123 17.788

12

37 37.765

123 17.743

13

37 37.789

123 17.827

14

37 37.838

123 17.911

15

37 37.887

123 17.996

16

37 37.937

123 18.105

17

37 37.998

123 18.202

18

37 38.085

123 18.359

19

37 38.183

123 18.529

20

37 38.270

123 18.674

21

37 38.356

123 18.832

22

37 38.455

123 18.977

23

37 38.554

123 19.134

24

37 38.640

123 19.255

25

37 38.726

123 19.364

26

37 38.825

123 19.497

27

37 38.911

123 19.606

28

37 38.985

123 19.703

29

37 39.071

123 19.811

30

37 39.195

123 19.981

31

37 39.318

123 20.138

32

37 39.404

123 20.272

33

37 39.478

123 20.356

34

37 39.565

123 20.465

35

37 39.664

123 20.574

36

37 39.762

123 20.695

37

37 39.840

123 20.791

38

37 39.922

123 20.889

39

37 39.997

123 20.986

40

37 40.095

123 21.095

41

37 40.181

123 21.192

42

37 40.268

123 21.288

43

37 40.330

123 21.373

44

37 40.416

123 21.470

45

37 40.516

123 21.563

46

37 40.616

123 21.667

47

37 40.736

123 21.785

48

37 40.860

123 21.906

49

37 40.983

123 22.027

50

37 41.107

123 22.148

51

37 41.230

123 22.269

52

37 41.378

123 22.390

53

37 41.515

123 22.499

54

37 41.669

123 22.607

55

37 41.803

123 22.704

56

37 41.920

123 22.768

57

37 42.036

123 22.825

58

37 42.174

123 22.889

59

37 42.295

123 22.957

60

37 42.421

123 23.012

61

37 42.583

123 23.105

62

37 42.704

123 23.165

63

37 42.826

123 23.225

64

37 43.005

123 23.310

65

37 43.088

123 23.358

66

37 43.205

123 23.410

67

37 43.327

123 23.467

68

37 43.376

123 23.482

69

37 43.444

123 23.515

Appendix

B. Proposed Notice of Designation and Final Rule Making
  I: Background
  II: Designation Document
  III: Summary of Final Management Plan
  IV: Summary of Regulations
  V. Miscellaneous Rulemaking Requirements

 

URL: http://montereybay.noaa.gov/intro/mp/archive/original_eis/appendixB_sV.html    Reviewed: March 05, 2014
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