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