Federal
agencies, such as NOAA, can only exercise powers specifically assigned
to them by statutory law - no more, no less. Federal statutes (statutory
laws) are jointly created by the Congress and the President. A statute
often authorizes specific government agencies to develop policies and
regulations to implement and enforce the provisions of the statute. For
example, a Federal statute creating a national marine sanctuary may authorize
NOAA to “restrict activities harmful to marine habitat within the
Sanctuary.” The statute may not specify what activities should be
restricted or how or when such activities should be restricted. The statute
may task NOAA to make those determinations and create appropriate regulations
to fulfill the intent of the law - “restrict activities harmful to
marine habitat within the Sanctuary.” Regulations are therefore subordinate
to statutory law (Acts of Congress).
Only Congress
and the President can amend or alter a statute. Government agencies,
such as NOAA, cannot alter statutory law and are obligated to enforce
that law.
Government agencies can add, amend, or alter regulations if authorized to
do so by an Act of Congress. Most regulatory changes of the National Marine
Sanctuary Program are governed by three key Federal statutes: 1) the National
Marine Sanctuaries Act, 2) the Administrative Procedures Act, and 3) the
National Environmental Policy Act.
Court decisions
can alter the interpretation and implementation of both laws and regulations.
While courts cannot change statutes, they can affect the enforceability
of statutes and regulations.
Some of
the regulations of the Monterey Bay National Marine Sanctuary were mandated
by statutory law (the National Marine Sanctuaries Act) and cannot be changed
by NOAA. Other Sanctuary regulations were created by NOAA in accordance
with authority delegated to NOAA by Congress. NOAA can add, amend, or
change regulations within the bounds of the authority granted to it by
Congress.
In summary,
written laws and some regulations of the Federal government can only be
changed by Congress. Agencies can only add or change regulations if they
have been given such authority through an Act of Congress (a statute)
or are ordered to do so by a court of competent jurisdiction. The National
Marine Sanctuary Program was established by the National Marine Sanctuaries
Act. That statute authorized NOAA to issue regulations for each national
marine sanctuary and is the basic guide for what Sanctuaries are and what
they are supposed to accomplish.
UNITED STATES CODE OF FEDERAL REGULATIONS
TITLE 15, PART 922
NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
Subpart
A--General
922.1 Applicability
of regulations.
922.2 Mission,
goals, and special policies.
922.3 Definitions.
922.4 Effect
of National Marine Sanctuary designation.
Subpart
B--Site Evaluation List (SEL)
922.10 General.
Subpart
C--Designation of National Marine Sanctuaries
922.20 Standards
and procedures for designation.
922.21 Selection
of active candidates.
922.22 Development
of designation materials.
922.23 Coordination
with States and other Federal agencies.
922.24 Congressional
documents.
922.25 Designation
determination and findings.
Subpart
D--Management Plan Development and Implementation
922.30 General.
922.31 Promotion
and coordination of Sanctuary use.
Subpart
E--Regulations of General Applicability
922.40 Purpose.
922.41 Boundaries.
922.42 Allowed
activities.
922.43 Prohibited
or otherwise regulated activities.
922.44 Emergency
regulations.
922.45 Penalties.
922.46 Response
costs and damages.
922.47 Pre-existing
authorizations or rights and certifications of pre-existing authorizations
or rights.
922.48 National
Marine Sanctuary permits--application procedures and issuance criteria.
922.49 Notification
and review of applications for leases, licenses, permits, approvals or
other authorizations to conduct a prohibited activity.
922.132
Prohibited or otherwise regulated activities.
922.133
Permit procedures and criteria.
922.134
Notification and review.
Appendix
A to Subpart M of Part 922--Monterey Bay National Marine Sanctuary Boundary
Coordinates
Appendix
B to Subpart M of Part 922--Dredged Material Disposal Sites Adjacent to
the Monterey Bay National Marine Sanctuary
Appendix
C to Subpart M of Part 922--Zones Within the Sanctuary Where Overflights
Below 1000 Feet Are Prohibited
Appendix
D to Subpart M of Part 922--Zones and Access Routes Within the Sanctuary
Where the Operation of Motorized Personal Watercraft Is Allowed
Authority:
16 U.S.C. 1431 et seq.
Subpart
A--General
Section
922.1 Applicability of Regulations.
Unless noted
otherwise, the regulations in subparts A, D and E apply to all ten National
Marine Sanctuaries for which site-specific regulations appear in subparts
F through O, respectively. Subparts B and C apply to the site evaluation
list and to the designation of future Sanctuaries.
Section
922.2 Mission, Goals, and Special Policies.
(a) In accordance
with the standards set forth in title III of the Marine Protection, Research,
and Sanctuaries Act of 1972, as amended, also known as the National Marine
Sanctuaries Act (Act) the mission of the National Marine Sanctuary program
(Program) is to identify, designate and manage areas of the marine environment
of special national, and in some cases international, significance due
to their conservation, recreational, ecological, historical, research,
educational, or aesthetic qualities.
(b) The
goals of the Program are to carry out the mission to:
(1) Identify
and designate as National Marine Sanctuaries areas of the marine environment
which are of special national significance;
(2) Provide
authority for comprehensive and coordinated conservation and management
of these marine areas, and activities affecting them, in a manner which
complements existing regulatory authorities;
(3) Support,
promote, and coordinate scientific research on, and monitoring of, the
resources of these marine areas, especially long-term monitoring and
research of these areas;
(4) Enhance
public awareness, understanding, appreciation, and wise use of the marine
environment;
(5) Facilitate
to the extent compatible with the primary objective of resource protection,
all public and private uses of the resources of these marine areas not
prohibited pursuant to other authorities;
(6) Develop
and implement coordinated plans for the protection and management of
these areas with appropriate Federal agencies, State and local governments,
Native American tribes and organizations, international organizations,
and other public and private interests concerned with the continuing
health and resilience of these marine areas;
(7) Create
models of, and incentives for, ways to conserve and manage these areas;
(8) Cooperate
with global programs encouraging conservation of marine resources; and
(9) Maintain,
restore, and enhance living resources by providing places for species
that depend upon these marine areas to survive and propagate.
(c) To the
extent consistent with the policies set forth in the Act, in carrying
out the Program's mission and goals:
(1) Particular
attention will be given to the establishment and management of marine
areas as National Marine Sanctuaries for the protection of the area's
natural resource and ecosystem values; particularly for ecologically
or economically important or threatened species or species assemblages,
and for offshore areas where there are no existing special area protection
mechanisms;
(2) The
size of a National Marine Sanctuary, while highly dependent on the nature
of the site's resources, will be no larger than necessary to ensure
effective management;
(d) Management
efforts will be coordinated to the extent practicable with other countries
managing marine protected areas;
(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.
Section
922.3 Definitions.
Act means
title III of the Marine Protection, Research, and Sanctuaries Act of 1972,
as amended, 16 U.S.C. 1431 et seq., also known as the National Marine
Sanctuaries Act.
Active Candidate means a site selected by the Secretary from the Site Evaluation List for
further consideration for possible designation as a National Marine Sanctuary.
Assistant
Administrator means the Assistant Administrator for Ocean Services and
Coastal Zone Management, National Oceanic and Atmospheric Administration
(NOAA), or designee.
Benthic
community means the assemblage of organisms, substrate, and structural
formations found at or near the bottom that is periodically or permanently
covered by water.
Commercial
fishing means any activity that results in the sale or trade for intended
profit of fish, shellfish, algae, or corals.
Conventional
hook and line gear means any fishing apparatus operated aboard a vessel
and composed of a single line terminated by a combination of sinkers and
hooks or lures and spooled upon a reel that may be hind- or electrically
operated, hand-held or mounted. This term does not include bottom longlines.
Cultural
resources means any historical or cultural feature, including archaeological
sites, historic structures, shipwrecks, and artifacts.
Director means, except where otherwise specified, the Director of the Office of
Ocean and Coastal Resource Management, NOAA, or designee.
Exclusive
economic zone means the exclusive economic zone as defined in the Magnuson
Fishery Conservation and Management Act, 16 U.S. 1801 et seq.
Fish wastes means waste materials resulting from commercial fish processing operations.
Historical
resource means a resource possessing historical, cultural, archaeological
or paleontological significance, including sites, structures, districts,
and objects significantly associated with or representative of earlier
people, cultures, and human activities and events. Historical resource
also includes ``historical properties” as defined in the National
Historic Preservation Act, as amended, 16 U.S.C. 470 et seq., and its
implementing regulations, as amended.
Indian tribe means any American Indian tribe, band, group, or community recognized
as such by the Secretary of the Interior.
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, *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 particular and essential characteristic of a Sanctuary,
including, but not limited to, water, sediment, and air quality.
Sanctuary
resource means any living or none-living resource of a National Marine
Sanctuary that contributes to the conservation, recreational, ecological,
historical, research, educational, or aesthetic value of the Sanctuary,
including, but not limited to, the substratum of the area of the Sanctuary,
other submerged features and the surrounding seabed, carbonate rock, corals
and other bottom formations, coralline algae and other marine plants and
algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton,
fish, seabirds, sea turtles and other marine reptiles, marine mammals
and historical resources.
Secretary means the Secretary of the United States Department of Commerce, or designee.
Shunt means
to discharge expended drilling cuttings and fluids near the ocean seafloor.
Site Evaluation
List (SEL) means a list of selected natural and historical resource sites
selected by the Secretary as qualifying for further evaluation for possible
designation as National Marine Sanctuaries.
State means
each of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
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, would, kill, trap, capture, collect or injure, or
to attempt to engage in any such conduct;
(2) For
any other marine mammal, sea turtle, or seabird, to harass, hunt, capture,
kill, collect or injure, or to attempt to engage in any such conduct.
For the purposes of both (1) and (2) of this definition, this includes,
but is not limited to, to collect any dead or injured marine mammal, sea
turtle or seabird, or any part thereof; to restrain or detain any marine
mammal, sea turtle or seabird, or any part thereof, no matter how temporarily;
to tag any sea turtle, marine mammal or seabird; to operate a vessel or
aircraft or to do any other act that results in the disturbance or molestation
of any marine mammal, sea turtle or seabird.
Tropical
fish means fish or minimal sport and food value, usually brightly colored,
often used for aquaria purposes and which lives in a direct relationship
with live bottom communities.
Vessel means
a watercraft of any description capable of being used as a means of transportation
in/on the waters of a Sanctuary.
Section
922.4 Effect of National Marine Sanctuary Designation.
The designation
of a National Marine Sanctuary, and the regulations implementing it, are
binding on any person subject to the jurisdiction of the United States.
Designation does not constitute any claim to territorial jurisdiction
on the part of the United States for designated sites beyond the U.S.
territorial sea, and the regulations implementing the designation shall
be applied in accordance with generally recognized principles of international
law, and in accordance with treaties, conventions, and other agreements
to which the United States is a party. No regulation shall apply to a
person who is not a citizen, national, or resident alien of the United
States, unless in accordance with:
(a) Generally
recognized principles of international law;
(b) An agreement
between the United States and the foreign state of which the person is
a citizen; or
(c) An agreement
between the United States and the flag state of the foreign vessel, if
the person is a crew member of the vessel.
Subpart
B--Site Evaluation List (SEL)
Section
922.10 General.
(a) The
Site Evaluation List (SEL) was established as a comprehensive list of
marine sites with high natural resource values and with historical qualities
of special national significance that are highly qualified for further
evaluation for possible designation as National Marine Sanctuaries.
(b) The
SEL is currently inactive. Criteria for inclusion of marine sites on a
revised SEL will be issued, with public notice and opportunity to comment,
when the Director determines that the SEL should be reactivated.
(c) Only
sites on the SEL may be considered for subsequent review as active candidates
for designation.
(d) Placement
of a site on the SEL, or selection of a site from the SEL as an active
candidate for designation as provided for in Section 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
Section
922.20 Standards and Procedures for Designation.
In designating
a National Marine Sanctuary, the Secretary shall apply the standards and
procedures set forth in section 303 and section 304 of the Act.
Section
922.21 Selection of Active Candidates.
(a) The
Secretary shall, from time to time, select a limited number of sites from
the SEL for Active Candidate consideration based on a preliminary assessment
of the designation standards set forth in section 303 of the Act.
(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.
Section
922.22 Development of Designation Materials.
(a) In designating
a National Marine Sanctuary, the Secretary shall prepare the designation
materials described in section 304 of the Act.
(b) If a
proposed Sanctuary includes waters within the exclusive economic zone,
the Secretary shall notify the appropriate Regional Fishery Management
Council(s) which shall have one hundred and twenty (120) days from the
date of such notification to make recommendations and, if appropriate,
prepare draft fishery regulations and to submit them to the Secretary.
In preparing its recommendations and draft regulations, the Council(s)
shall use as guidance the national standards of section 301(a) of the
Magnuson Act (16 U.S.C. 1851) to the extent that they are consistent and
compatible with the goals and objectives of the proposed Sanctuary designation.
Fishery activities not proposed for regulation under section 304(a)(5)
of the Act may be listed in the draft Sanctuary designation document as
potentially subject to regulation, without following the procedures specified
in section 304(a)(5) of the Act. If the Secretary subsequently determines
that regulation of any such fishery activity is necessary, then the procedures
specified in section 304(a)(5) of the Act shall be followed.
Section
922.23 Coordination with States and Other Federal Agencies.
(a) The
Secretary shall consult and cooperate with affected States throughout
the National Marine Sanctuary designation process. In particular the Secretary
shall:
(1) Consult
with the relevant State officials prior to selecting any site on the SEL
as an Active Candidate pursuant to Section 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.
Section
922.24 Congressional Documents.
In designating
a National Marine Sanctuary, the Secretary shall prepare and submit to
Congress those documents described in section 304 of the Act.
Section
922.25 Designation Determination and Findings.
(a) In designating
a National Marine Sanctuary, the Secretary shall prepare a written Designation
Determination and Findings which shall include those findings and determinations
described in section 303 of the Act.
(b) In addition
to those factors set forth in section 303 of the Act, the Secretary, when
making a designation determination, shall consider the Program's fiscal
capability to manage the area as a National Marine Sanctuary.
Subpart
D--Management Plan Development and Implementation
Section
922.30 General.
(a) The
Secretary shall implement each management plan, and applicable regulations,
including carrying out surveillance and enforcement activities and conducting
such research, monitoring, evaluation, and education programs as are necessary
and reasonable to carry out the purposes and policies of the Act.
(b) Consistent
with Sanctuary management plans, the Secretary shall develop and implement
site-specific contingency and emergency-response plans designed to protect
Sanctuary resources. The plans shall contain alert procedures and actions
to be taken in the event of an emergency such as a shipwreck or an oil
spill.
Section
922.31 Promotion and Coordination of Sanctuary Use.
The Secretary
shall take such action as is necessary and reasonable to promote and coordinate
the use of National Marine Sanctuaries for research, monitoring, and education
purposes. Such action may include consulting with Federal agencies, or
other persons to promote use of one or more Sanctuaries for research,
monitoring and education, including coordination with the National Estuarine
Research Reserve System.
Subpart
E--Regulations of General Applicability
Section
922.40 Purpose.
The purpose
of the regulations in this subpart and in subparts F through O is to implement
the designations of the ten National Marine Sanctuaries for which site-specific
regulations appear in subparts F through O, respectively, by regulating
activities affecting them, consistent with their respective terms of designation
in order to protect, preserve and manage and thereby ensure the health,
integrity and continued availability of the conservation, ecological,
recreational, research, educational, historical and aesthetic resources
and qualities of these areas.
Section
922.41 Boundaries.
The boundary
for each of the ten National Marine Sanctuaries covered by this part is
described in subparts F through O, respectively.
Section
922.42 Allowed Activities.
All activities
except those site-specific activities prohibited or otherwise regulated
in subparts F through O, may be conducted subject to any emergency regulations
promulgated pursuant to Sections 922.44 and 922.111(c), subject to all
prohibitions, restrictions and conditions validly imposed by any other
authority of competent jurisdiction, and subject to the liability established
by section 312 of the Act.
Section
922.43 Prohibited or Otherwise Regulated Activities.
Subparts
F through O set forth site-specific regulations applicable to the activities
specified therein.
Section
922.44 Emergency Regulations.
Where necessary
to prevent or minimize the destruction of, loss of, or injury to a Sanctuary
resource or quality, or minimize the imminent risk of such destruction,
loss, or injury, any and all activities are subject to immediate temporary
regulation, including prohibition. The provisions of this section do not
apply to the Cordell Bank National Marine Sanctuary. See Section 922.111(c)
for the authority to issue emergency regulations with respect to that
Sanctuary.
Section
922.45 Penalties.
(a) Each
violation of the Act, any regulation in this part, or any permit issued
pursuant thereto, is subject to a civil penalty of not more than $109,000.
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.
Section
922.46 Response Costs and Damages.
Under section
312 of the Act, any person who destroys, causes the loss of, or injures
any Sanctuary resource is liable to the United States for response costs
and damages resulting from such destruction, loss or injury, and any vessel
used to destroy, cause the loss of, or injure any Sanctuary resource is
liable in rem to the United States for response costs and damages resulting
from such destruction, loss or injury.
Section
922.47 Pre-existing Authorizations or Rights and Certifications of Pre-existing
Authorizations or Rights.
(a) Leases,
permits, licenses, or rights of subsistence use or access in existence
on the date of designation of any National Marine Sanctuary shall not
be terminated by the Director. The Director may, however, regulate the
exercise of such leases, permits, licenses, or rights consistent with
the purposes for which the Sanctuary was designated.
(b) The
prohibitions listed in subparts F through O do not apply to any activity
authorized by a valid lease, permit, license, approval or other authorization
in existence on the effective date of Sanctuary designation and issued
by any Federal, State or local authority of competent jurisdiction, or
by any valid right of subsistence use or access in existence on the effective
date of Sanctuary designation, provided that the holder of such authorization
or right complies with certification procedures and criteria promulgated
at the time of Sanctuary designation and with any terms and conditions
on the exercise of such authorization or right imposed by the Director
as a condition of certification as he or she deems necessary to achieve
the purpose for which the Sanctuary was designated.
Section
922.48 National Marine Sanctuary Permits -- Application Procedures and
Issuance Criteria.
(a) A person
may conduct an activity prohibited by this part if conducted in accordance
with the scope, purpose, terms and conditions of a permit issued under
this section and subparts F through O.
(b) Applications
for such permits should be addressed to the Director and sent to the address
specified in subparts F through O. An application must include:
(1) A
detailed description of the proposed activity including a timetable
for completion;
(2) The
equipment, personnel and methodology to be employed;
(3) The
qualifications and experience of all personnel;
(4) The
potential effects of the activity, if any, on Sanctuary resources and
qualities; and
(5) Copies
of all other required licenses, permits, approvals or other authorizations.
(c) Upon
receipt of an application, the Director may request such additional information
from the applicant as he or she deems necessary to act on the application
and may seek the views of any persons or entity, within or outside the
Federal government, and may hold a public hearing, as deemed appropriate.
(d) The
Director, at his or her discretion, may issue a permit, subject to such
terms and conditions as he or she deems appropriate, to conduct a prohibited
activity, in accordance with the criteria found in subparts F through
O. The Director shall further impose, at a minimum, the conditions set
forth in the relevant subpart.
(e) A permit
granted pursuant to this section is nontransferable.
(f) The
Director may amend, suspend, or revoke a permit issued pursuant to this
section for good cause. The Director may deny a permit application pursuant
to this section, in whole or in part, if it is determined that the permittee
or applicant has acted in violation of the terms and conditions of a permit
or of the regulations set forth in this section or subparts F through
O or for other good cause. Any such action shall be communicated in writing
to the permittee or applicant by certified mail and shall set forth the
reason(s) for the action taken. Procedures governing permit sanctions
and denials for enforcement reasons are set forth in subpart D of 15 CFR
part 904.
Section
922.49 Notification and Review of Applications for Leases, Licenses, Permits,
Approvals or Other Authorizations to Conduct a Prohibited Activity.
(a) The
prohibitions set forth in regulations found in subparts L through O, do
not apply to any activity authorized by any valid lease, permit, license,
approval or other authorization issued after the effective date of Sanctuary
designated by any Federal, State or local authority of competent jurisdiction,
provided that:
(1) The
applicant notifies the Director, in writing, of the application for
such authorization (and of any application for an amendment, renewal
or extension of such authorization) within fifteen (15) days of the
date of application or of the effective date of Sanctuary designation,
whichever is later;
(2) The
applicant complies with the other provisions of this section;
(3) The
Director notifies the applicant and authorizing agency that he or she
does not object to issuance of the authorization (or amendment, renewal
or extension); and
(4) The
applicant complies with any terms and conditions the Director deems
necessary to protect Sanctuary resources and qualities.
(b) Any
potential applicant for a lease, permit, license, approval or other authorization
for any Federal, State or local authority (or for an amendment, renewal
or extension of such authorization) may request the Director to issue
a finding as to whether the activity for which an application is intended
to be made is prohibited by regulations in this part.
(c) Notifications
of filings of applications and requests for findings should be addressed
to the address found in subparts F through O. A copy of the application
must accompany the notification.
(d) The
Director may request additional information from the applicant as he or
she deems necessary to determine whether to object to issuance of such
lease, license, permit, approval or other authorization (or to issuance
of an amendment, extension or renewal of such authorization), or what
terms and conditions are necessary to protect Sanctuary resources and
qualities. The information requested must be received by the Director
within 45 days of the postmark date of the request. The Director may seek
the views of any persons on the application.
(e) The
Director shall notify, in writing, the agency to which application has
been made of his or her review of the application and possible objection
to issuance. After review of the application and information received
with respect thereto, the Director, or designee shall notify both the
agency and applicant, in writing, whether he or she has an objection to
issuance and what terms and conditions he or she deems necessary to protect
Sanctuary resources and qualities. The Director shall state the reason(s)
for any objection or the reason(s) that any terms and conditions are deemed
necessary to protect Sanctuary resources and qualities.
(f) The
Director may amend the terms and conditions deemed necessary to protect
Sanctuary resources and qualities whenever additional information becomes
available justifying such an amendment.
(g) Any
time limit prescribed in or established under this section may be extended
by the Director for good cause.
(h) The
applicant may appeal any objection by or terms or conditions imposed by
the Director, to the Assistant Administrator in accordance with the procedures
set forth in Section 922.50.
Section
922.50 Appeals of Administrative Action.
(a)
(1) Except
for permit actions taken for enforcement reasons (see subpart D of 15
CFR part 904 for applicable procedures), an applicant for, or a holder
of, a National Marine Sanctuary permit; an applicant for, or a holder
of, a Special Use permit pursuant to section 310 of the Act; a person
requesting certification of an existing lease, permit, license or right
of subsistence use or access under Section 922.47; or, for those Sanctuaries
described in subparts L through O, an applicant for a lease, permit,
license or other authorization issued by any Federal, State, or local
authority of competent jurisdiction (hereinafter appellant) may appeal
to the Assistant Administrator:
(i)
The granting, denial, conditioning, amendment, suspension or revocation
by the Director of a National Marine Sanctuary or Special Use permit;
(ii)
The conditioning, amendment, suspension or revocation of a certification
under Section 922.47; or
(iii)
For those Sanctuaries described in subparts L through O, the objection
to issuance of or the imposition of terms and conditions on a lease,
permit, license or other authorization issued by any Federal, State,
or local authority of competent jurisdiction.
(2) For
those National Marine Sanctuaries described in subparts F through K,
any interested person may also appeal the same actions described in
paragraphs (a)(1) (i) and (ii) of this section. For appeals arising
from actions taken with respect to these National Marine Sanctuaries,
the term ``appellant” includes any such interested persons.
(b) An appeal
under paragraph (a) of this section must be in writing, state the action(s)
by the Director appealed and the reason(s) for the appeal, and be received
within 30 days of receipt of notice of the action by the Director. Appeals
should be addressed to the Assistant Administrator for Ocean Services
and Coastal Zone Management, NOAA 1305 East-West Highway, 13th Floor,
Silver Spring, MD 20910.
(c)
(1) The
Assistant Administrator may request the appellant to submit such information
as the Assistant Administrator deems necessary in order for him or her
to decide the appeal. The information requested must be received by
the Assistant Administrator within 45 days of the postmark date of the
request. The Assistant Administrator may seek the views of any other
persons. For the Monitor National Marine Sanctuary, if the appellant
has requested a hearing, the Assistant Administrator shall grant an
informal hearing. For all other National Marine Sanctuaries, the Assistant
Administrator may determine whether to hold an informal hearing on the
appeal. If the Assistant Administrator determines that an informal hearing
should be held, the Assistant Administrator may designate an officer
before whom the hearing shall be held.
(2) The
hearing officer shall give notice in the Federal Register of the time,
place and subject matter of the hearing. The appellant and the Director
may appear personally or by counsel at the hearing and submit such material
and present such arguments as deemed appropriate by the hearing officer.
Within 60 days after the record for the hearing closes, the hearing
officer shall recommend a decision in writing to the Assistant Administrator.
(d) The
Assistant Administrator shall decide the appeal using the same regulatory
criteria as for the initial decision and shall base the appeal decision
on the record before the Director and any information submitted regarding
the appeal, and, if a hearing has been held, on the record before the
hearing officer and the hearing officer's recommended decision. The Assistant
Administrator shall notify the appellant of the final decision and he
reason(s) therefore in writing. The Assistant Administrator's decision
shall constitute final agency action for the purpose of the Administrative
Procedure Act.
(e) Any
time limit prescribed in or established under this section other than
the 30-day limit for filing an appeal may be extended by the Assistant
Administrator or hearing office for good cause.
Subpart M—Monterey Bay National Marine Sanctuary
Section 922.130 Boundary.
The Monterey Bay National Marine Sanctuary (Sanctuary) consists of two separate areas.
The first area consists of an area of approximately 4016 square nautical miles (nmi) of coastal and ocean waters, and submerged lands thereunder, in and surrounding Monterey Bay off the central coast of California. The northern terminus of the Sanctuary boundary is located along the southern boundary of the Gulf of the Farallones National Marine Sanctuary (GFNMS) beginning at Rocky Point just south of Stinson Beach in Marin County. The Sanctuary boundary follows the GFNMS boundary westward to a point approximately 29 nmi offshore from Moss Beach in San Mateo County. The Sanctuary boundary then extends southward in a series of arcs, which generally follow the 500 fathom isobath, to a point approximately 27 nmi offshore of Cambria, in San Luis Obispo County. The Sanctuary boundary then extends eastward towards shore until it intersects the Mean High Water Line (MHWL) along the coast near Cambria. The Sanctuary boundary then follows the MHWL northward to the northern terminus at Rocky Point. The shoreward Sanctuary boundary excludes a small area between Point Bonita and Point San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing Harbor are all excluded from the Sanctuary shoreward from the points listed in Appendix A except for Moss Landing Harbor, where all of Elkhorn Slough east of the Highway One bridge, and west of the tide gate at Elkhorn Road and toward the center channel from the MHWL is included within the Sanctuary, excluding areas within the Elkhorn Slough National Estuarine Research Reserve. Exact coordinates for the seaward boundary and harbor exclusions are provided in Appendix A to this subpart.
The Davidson Seamount Management Zone is also part of the Sanctuary. This area, bounded by geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, consists of approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are provided in Appendix F to this subpart.
Section 922.131 Definitions.
In addition to those definitions found at 15 CFR 922.3, the following definitions apply to this subpart:
Attract or Attracting means the conduct of any activity that lures or may lure any animal by using food, bait, chum, dyes, decoys, acoustics, or any other means, except the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers, surfers).
Clean means not containing detectable levels of harmful matter.
Cruise Ship means a vessel with 250 or more passenger berths for hire.
Davidson Seamount Management Zone means the area bounded by geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, and consists of approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are provided in Appendix F to this subpart. Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going aground or becoming adrift within 12 hours of its discovery and developing and presenting to the Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner.
Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going aground or becoming adrift within 12 hours of its discovery and developing and presenting to the Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner.
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 15 CFR 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.
Harmful Matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4.
Introduced Species means: any species (including but not limited to any of its biological matter capable of propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which altered genetic matter, or genetic matter from another species, has been transferred in order that the host organism acquires the genetic traits of the transferred genes.
Motorized Personal Watercraft (MPWC) means any vessel, propelled by machinery, that is designed to be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in length overall as manufactured and propelled by machinery and that has been exempted from compliance with the U.S. Coast Guard’s Maximum Capacities Marking for Load Capacity regulation found at 33 CFR Parts 181 and 183, except submarines; or any other vessel that is less than 20 feet in length overall as manufactured, and is propelled by a water jet pump or drive.
Section 922.132 Prohibited or otherwise regulated activities.
Except as specified in paragraphs (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:
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 35.92222 N latitude parallel (coastal reference point: beach access stairway at south Sand Dollar Beach), the 35.88889 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:
Only jade already loose from the submerged lands of the Sanctuary may be collected;
No tool may be used to collect jade except:
A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the jade or scratch the surface of a stone as necessary to determine if it is jade;
A lift bag or multiple lift bags with a combined lift capacity of no more than two hundred pounds; or
A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide access to the authorized area;
Each person may collect only what that person individually carries; and
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 15 CFR 922.133.
Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter, except:
Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities within the Sanctuary;
For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage;
For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA;
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. Authorized disposal sites within the Sanctuary are described in Appendix C to this subpart.
Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except cleanvessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash.
Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injuries a Sanctuary resource or quality, except those listed in paragraphs (a)(2)(i) (A) through (E) and (a)(2)(ii) of this section and dredged material deposited at the authorized disposal sites described in Appendix D 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.
Possessing, moving, removing, or injuring, or attempting to possess, 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 lawful fishing activities.
Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as incidental and necessary to:
Conduct lawful fishing activities;
Anchor a vessel;
Conduct aquaculture or kelp harvesting;
Install an authorized navigational aid;
Conduct harbor maintenance in an area necessarily associated with a Federal Project in existence on January 1, 1993, including dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters and jetties;
Construct, repair, replace, or rehabilitate a dock or pier; or
Collect 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 or in the submerged lands of the Sanctuary, other than temporary placement of an authorized hand tool as provided in paragraph (a)(1) of this section. The exceptions listed in paragraphs (a)(4)(ii) through (a)(4)(vii) of this section do not apply within the Davidson Seamount Management Zone.
Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the MMPA, ESA, or MBTA.
Disturbing marine mammals or seabirds by flying motorized aircraft, except as necessary for valid law enforcement purposes, at less than 1,000 feet above any of the four zones within the Sanctuary described in Appendix B to this subpart. Failure to maintain a minimum altitude of 1,000 feet above ground level above any such zone is presumed to disturb marine mammals or seabirds.
Possessing within the Sanctuary (regardless of where taken, moved, or removed from), any marine mammal, sea turtle, or bird, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes.
Deserting a vessel aground, at anchor, or adrift in the Sanctuary.
Moving, removing, taking, collecting, catching, harvesting, disturbing, breaking, cutting, or otherwise injuring, or attempting to move, remove, take, collect, catch, harvest, disturb, break, cut, or otherwise injure, any Sanctuary resource located more that 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to fishing below 3000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States).
Possessing any Sanctuary resource the source of which is more than 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to possession of fish resulting from fishing below 3000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States).
Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass (Morone saxatilis) released during catch and release fishing activity. [SPECIAL NOTE:This provision does not apply in the area of the Sanctuary lying within the seaward boundary of California, because the Governor of California filed an objection to this provision pursuant to section 304(b) of the National Marine Sanctuaries Act.]
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.
The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to an activity necessary to respond to an emergency threatening life, property, or the environment.
In the event of destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an incident, including but not limited to discharges, deposits, and groundings, caused by a Department of Defense activity, the Department of Defense, in coordination with the Director, must promptly prevent and mitigate further damage and must restore or replace the Sanctuary resource or quality in a manner approved by the Director.
The prohibitions in paragraph (a)(1) of this section as it pertains to jade collection in the Sanctuary, and paragraphs (a)(2) through (11) and (a)(13) of this section, do not apply to any activity conducted under and in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit issued pursuant to 15 CFR 922.48 and 922.133 or a Special Use permit issued pursuant to section 310 of the Act.
The prohibitions in paragraphs (a)(2) through (a)(8) of this section do not apply to any activity authorized by any lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation (January 1, 1993) and issued by any Federal, State, or local authority of competent jurisdiction, provided that the applicant complies with 15 CFR 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 of Sanctuary designation.
Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a National Marine Sanctuary permit under 15 CFR 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 15 CFR 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.
Section 922.133 Permit procedures and criteria.
A person may conduct an activity prohibited by Section 922.132(a)(1) as it pertains to jade collection in the Sanctuary, Section 922.132(a)(2) through (11), and Section 922.132(a)(13), if such activity is specifically authorized by, and conducted in accordance with the scope, purpose, terms, and conditions of, a permit issued under this section and 15 CFR 922.48.
The Director, at his or her sole discretion, may issue a permit, subject to terms and conditions as he or she deems appropriate, to conduct an activity prohibited by Section 922.132(a)(1) as it pertains to jade collection in the Sanctuary, Section 922.132(a)(2) through (11), and Section 922.132(a)(13), if the Director finds that the activity will have at most short- term and negligible adverse effects on Sanctuary resources and qualities and:
Is research designed to further understanding of Sanctuary resources and qualities;
Will further the educational, natural, or historical value of the Sanctuary;
Will further salvage or recovery operations within or near the Sanctuary in connection with a recent air or marine casualty;
Will assist in managing the Sanctuary;
Will further salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary title to which is held by the State of California; or
Will allow the removal, without the use of pneumatic, mechanical, electrical, hydraulic or explosive tools, of loose jade from the Jade Cove area under Section 922.132(a)(1)(iv).
In deciding whether to issue a permit, the Director shall consider such factors as:
Will the activity be conducted by an applicant that is professionally qualified to conduct and complete the activity;
Will the activity be conducted by an applicant with adequate financial resources available to conduct and complete the activity;
Is the activity proposed for no longer than necessary to achieve its stated purpose;
Must the activity be conducted within the Sanctuary;
Will the activity be conducted using methods and procedures that are appropriate to achieve the goals of the proposed activity, especially in relation to the potential effects of the proposed activity on Sanctuary resources and qualities;
Will the activity 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 potential indirect, secondary, or cumulative effects of the activity, and the duration of such effects;
Will the activity be conducted in a manner compatible with the value of the Sanctuary as a source of recreation and as a source of educational and scientific information, considering the extent to which the conduct of the activity may result in conflicts between different users of the Sanctuary and the duration of such effects; and
Does the reasonably expected end value of the activity to the furtherance of the Sanctuary goals and objectives outweigh any potential adverse effects on Sanctuary resources and qualities from the conduct of the activity.
For jade collection, preference will be given for applications proposing to collect loose pieces of jade for research or educational purposes.
The Director may consider such other factors as he or she deems appropriate.
Applications.
Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries;
ATTN: Superintendent, Monterey Bay National Marine Sanctuary,
99 Pacific Street, Bldg. 455A, Monterey, CA 93940.
In addition to the information listed in 15 CFR 922.48(b), all applications must include information the Director needs to make the findings in paragraph (b) of this section and information to be considered by the Director pursuant to paragraph (c) of this section.
In addition to any other terms and conditions that the Director deems appropriate, a permit issued pursuant to this section must require that the permittee agree to hold the United States harmless against any claims arising out of the conduct of the permitted activities.
Section 922.134 Notification and review.
[Reserved]
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:
National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and
Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code.
The MOA specifies how the process of 15 CFR 922.49 will be administered within State waters within the Sanctuary in coordination with the State permit program.
Appendix A to Subpart M of Part 922 — Monterey Bay National Marine Sanctuary
Boundary Coordinates
[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]
Point ID Number
Latitude
Longitude
Seaward Boundary
1
37.88225
-122.62753
2
37.66641
-122.75105
3
37.61622
-122.76937
4
37.57147
-122.80399
5
37.52988
-122.85988
6
37.50948
-122.90614
7
37.49418
-123.00770
8
37.50819
-123.09617
9
37.52001
-123.12879
10
37.45304
-123.14009
11
37.34316
-123.13170
12
37.23062
-123.10431
13
37.13021
-123.02864
14
37.06295
-122.91261
15
37.03509
-122.77639
16
36.92155
-122.80595
17
36.80632
-122.81564
18
36.69192
-122.80539
19
36.57938
-122.77416
20
36.47338
-122.72568
21
36.37242
-122.65789
22
36.27887
-122.57410
23
36.19571
-122.47699
24
36.12414
-122.36527
25
36.06864
-122.24438
26
36.02451
-122.11672
27
35.99596
-121.98232
28
35.98309
-121.84069
29
35.98157
-121.75634
30
35.92933
-121.71119
31
35.83773
-121.71922
32
35.72063
-121.71216
33
35.59497
-121.69030
34
35.55327
-121.63048
35
35.55483
-121.10399
36
37.59421
-122.52001
37
37.61367
-122.61673
38
37.76694
-122.65011
39
37.81777
-122.53008
Harbor Exclusions
40
37.49414
-122.48483
41
37.49540
-122.48576
42
36.96082
-122.00175
43
36.96143
-122.00112
44
36.80684
-121.79145
45
36.80133
-121.79047
46
36.60837
-121.88970
47
36.60580
-121.88965
Appendix B to Subpart M of Part 922 — Zones Within the Sanctuary Where Overflights Below 1000 Feet are Prohibited
The four zones are:
From mean high water to 3 nautical miles (nmi) offshore between a line extending from Point Santa Cruz on a southwesterly bearing of 220° true and a line extending from 2.0 nmi north of Pescadero Point on a southwesterly bearing of 240° true;
From mean high water to 3 nmi offshore between a line extending from the Carmel River mouth on a westerly bearing of 270° true and a line extending due west along latitude parallel 35.55488 N off of Cambria;
From mean high water and within a 5 nmi seaward arc drawn from a center point of 36.80129 N, 121.79034 W (the end of Moss Landing ocean pier as it appeared on the most current NOAA nautical charts as of January 1, 1993); and
Over the Sanctuary's jurisdictional waters of Elkhorn Slough east of the Highway One bridge to Elkhorn Road.
Appendix C to Subpart M of Part 922 - Dredged Material Disposal Sites Within the Sanctuary
[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]
Point ID Number Latitude Longitude
Point ID Number
Latitude
Longitude
Santa Cruz Harbor / Twin Lakes Dredge Disposal Site
1
36.9625
-122.00056
2
36.9625
-121.99861
3
36.96139
-121.99833
4
36.96139
-122.00083
SF-12 Dredge Disposal Site
1
36.80207
-121.79207
2
36.80157
-121.79218
3
36.80172
-121.79325
4
36.80243
-121.79295
SF-14 Dredge Disposal Site (circle with 500 yard radius)
1
36.79799
-121.81907
Monterey Harbor / Wharf II Dredge Disposal Site
1
36.60297
-121.88942
2
36.60283
-121.88787
3
36.60092
-121.88827
4
36.60120
-121.88978
Appendix D to Subpart M of Part 922 — Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary
[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the 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 ID Number
Latitude
Longitude
1
37.76458
-122.56900
2
36.9625
-121.99861
3
36.96139
-121.99833
4
36.96139
-122.00083
Appendix E to Subpart M of Part 922 - Motorized Personal Watercraft Zones and Access Routes Within the Sanctuary
[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]
The five zones and access routes are:
The approximately one [1.0] nmi2 area off Pillar Point Harbor from harbor launch ramps, through the harbor entrance to the northern boundary of Zone One:
Point ID Number
Latitude
Longitude
1
37.49395
-122.48477
(flashing 5-second breakwater entrance light and horn located at the seaward end of the outer west breakwater)
2 (bell buoy)
37.48167
-122.48333
3
37.48000
-122.46667
4
37.49333
-122.46667
The approximately five [5.0] nmi2 area off of Santa Cruz Small Craft Harbor from harbor launch ramps, through the harbor entrance, and then along a 100-yard wide access route southwest along a bearing of approximately 196° true (180° magnetic) to the red and white whistle buoy at 36.93833 N, 122.01000 W. Zone Two is bounded by:
Point ID Number
Latitude
Longitude
1
36.91667
-122.03333
2
36.91667
-121.96667
3
36.94167
-121.96667
4
36.94167
-122.03333
The approximately six [6.0] nmi2 area off of Moss Landing Harbor from harbor launch ramps, through harbor entrance, and then along a 100-yard wide access route southwest along a bearing of approximately 230° true (215° magnetic) to the red and white bell buoy at the eastern boundary of Zone Three bounded by:
Point ID Number
Latitude
Longitude
1
36.83333
-121.82167
2
36.83333
-121.84667
3
36.77833
-121.84667
4
36.77833
-121.81667
5 (red and white bell buoy)
36.79833
-121.80167
6
36.81500
-121.80333
The approximately five [5.0] nmi2 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 northeast along a bearing of approximately 15° true (0° magnetic) to the southern boundary of Zone Four bounded by:
Point ID Number
Latitude
Longitude
1
36.64500
-121.92333
2
36.61500
-121.87500
3
36.63833
-121.85500
4
36.66667
-121.90667
The approximately one-tenth [0.10] nmi2 area near Pillar Point from Pillar Point Harbor entrance along a 100-yard wide access route southeast along a bearing of approximately 174° true (159° magnetic) to the green bell buoy (identified as “Buoy 3”) at 37.48154 N, 122.48156 W and then along a 100-yard wide access route northwest along a bearing of approximately 284° true (269° magnetic) to the green gong buoy (identified as “Buoy 1”) at 37.48625 N, 122.50603 W, the southwest boundary of Zone Five. Zone Five exists only when a High Surf Warning has been issued by the National Weather Service and is in effect for San Mateo County and only during December, January, and February. Zone Five is bounded by:
Point ID Number
Latitude
Longitude
1 (gong buoy identified as “Buoy 1”)
37.48625
-122.50603
2
37.49305
-122.50603
3 (Sail Rock)
37.49305
-122.50105
4
37.48625
-122.50105
Appendix F to Subpart M of Part 922 — Davidson Seamount Management Zone
[Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]
