Channel Islands National Marine Sanctuary Regulations, 29096-29112 [06-4670]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Proposed Rules]
[Pages 29096-29112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4670]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 060222048-6048-01]
RIN 0648-AT17


Channel Islands National Marine Sanctuary Regulations

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Proposed rule; notice of public availability of draft 
management plan/draft environmental impact statement.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
proposing a revised management plan and a revised set of regulations 
for the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). 
The proposed set of regulations includes both new regulations as well 
as changes to existing regulations. Proposed new regulations include 
prohibitions on: Exploring for, developing, or producing minerals 
within the Sanctuary; abandoning matter on or in Sanctuary submerged 
lands; taking marine mammals, seabirds, or sea turtles within or above 
the Sanctuary; possessing within the Sanctuary any marine mammal, sea 
turtle, or seabird; marking, defacing, damaging, moving, removing, or 
tampering with Sanctuary signs, monuments, boundary markers, or similar 
items; introducing or otherwise releasing from within or into the 
Sanctuary an introduced species; and operating motorized personal 
watercraft within waters of the Channel Islands National Park. There 
are also proposed changes to help clarify or refine existing 
regulations.
    The NMSP is also proposing certain revisions to the Sanctuary's 
Designation Document. These include proposed revisions of the 
Description of the Area and proposed changes to the Scope of 
Regulations, as well as changes to help clarify, update, and refine 
other sections of the Designation Document. No changes are proposed for 
the ``Fishing'' and ``Defense Activities'' sections within Article V 
(Relation to Other Regulatory Programs) of the Designation Document.

DATES: NOAA is publishing this proposed rule to provide notice to the 
public and invite advice, recommendations, information, and other 
comments from interested parties on the proposed rule and Draft 
Management Plan/Draft Environmental Impact Statement (DMP/DEIS). Public 
hearings will be held as detailed below:
    (1) Tuesday, June 27, 2006, at the Sheraton Four Points hotel, San 
Buenaventura Ballroom, 1050 Schooner Drive, in Ventura, California.
    (2) Thursday, June 29, 2006, at the Earl Warren Showgrounds, Warren 
Hall, 3400 Calle Real Street, in Santa Barbara, California.
    Comments will be considered if received by July 21, 2006.

ADDRESSES: Copies of the DMP/DEIS are available at Channel Islands 
National Marine Sanctuary, 113 Harbor Way, Suite 150, Santa Barbara, 
California and on the web at https://channelislands.noaa.gov. You may 
submit comments, identified by RIN 0648-AT17, by any of the following 
methods:
     E-mail: cinms.mgtplan@noaa.gov.
     Fax: (805) 568-1582.
     Mail: Chris Mobley, Superintendent, Channel Islands 
National Marine Sanctuary, 113 Harbor Way, Suite 150, Santa Barbara, 
California, 93109.
     Hand Delivery/Courier: Channel Islands National Marine 
Sanctuary, 113 Harbor Way, Suite 150, Santa Barbara, California, 93109.

FOR FURTHER INFORMATION CONTACT: Michael Murray at (805) 884-1464 or 
michael.murray@noaa.gov.

SUPPLEMENTARY INFORMATION:

Introduction

    Pursuant to section 304(e) of the NMSA, 16 U.S.C. 1431 et seq. the 
National Marine Sanctuary Program (NMSP) conducted a review of the 
management plan and regulations for the Channel Islands National Marine 
Sanctuary (CINMS or Sanctuary), located off the coast of southern 
California. The review has resulted in a proposed new management plan 
for the Sanctuary, some proposed changes to existing regulations, and 
some proposed new regulations. The proposed new regulations include 
prohibitions on:
     Exploring for, developing, or producing minerals within 
the Sanctuary, except producing by-products incidental to authorized 
hydrocarbon production;
     Abandoning any structure, material, or other matter on or 
in the submerged lands of the Sanctuary;
     Taking any marine mammal, sea turtle, or seabird within or 
above the Sanctuary, except as expressly 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.
     Possessing within the Sanctuary (regardless of where taken 
from, moved, or removed from) any marine mammal, sea turtle, or 
seabird, except as expressly authorized by the MMPA, ESA, MBTA, or any 
regulation, as amended, promulgated under the MMPA, ESA, or MBTA;

[[Page 29097]]

     Marking, defacing, damaging, moving, removing, or 
tampering with any sign, notice or placard, whether temporary or 
permanent, or any monument, stake, post, or other boundary marker 
related to the Sanctuary;
     Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species, except striped bass (Roccus saxatilis) 
released during catch and release fishing activity; and
     Operating a motorized personal watercraft (MPWC) within 
waters of the Channel Islands National Park.
    These measures would afford better protection to the natural and 
cultural resources of CINMS.
    Existing regulations would also be revised to:
     Clarify that Sanctuary boundaries encompass the submerged 
lands;
     Correct some inaccuracies and ambiguities in the 
coordinates and description of the Sanctuary's outer and shoreline 
boundaries;
     Remove outdated and unnecessary oil spill contingency 
equipment requirements;
     Clarify that discharges allowed from marine sanitation 
devices apply only to Type I and Type II marine sanitation devices;
     Provide an exemption for discharges by vessels of the 
Armed Forces allowed under section 312(n) of the Federal Water 
Pollution Control Act, as amended, (uniform national discharge 
standards for vessels of the Armed Forces);
     Specify that the existing exception for discharging or 
depositing fish, fish parts, or chumming materials (bait) applies only 
to such discharge or deposit during the conduct of lawful fishing 
activity within the Sanctuary;
     Remove an exception for discharging or depositing meals on 
board vessels;
     Prohibit discharges or deposits of any material or other 
matter from beyond the boundary of the Sanctuary that subsequently 
enters the Sanctuary and injures a Sanctuary resource or quality;
     Extend from 2 NM to the outer Sanctuary boundary 
(approximately 6 NM) the existing prohibition on alteration of the 
submerged lands of the Sanctuary;
     Prohibit not just vessels engaged in the trade of carrying 
cargo and vessels engaged in the trade of servicing offshore 
installations, but also vessels of 300 gross registered tons or more 
(excluding fishing and kelp harvesting vessels) from operating within 1 
NM of any island;
     Revise and strengthen the existing protection of cultural 
resources to prohibit moving, possessing, injuring, or attempting to 
move, remove, injure, or possess any Sanctuary historical resource;
     Clarify, update, and refine the regulation of Department 
of Defense activities occurring within the Sanctuary to, among other 
things, provide more consistency with the NMSA (as it now reads); and
     Conform wording, where appropriate, to wording used for 
more recently designated sanctuaries.
    The permit regulations for the Sanctuary are also being revised and 
clarified. Activities that assist in Sanctuary management or further 
salvage or recovery operations for certain abandoned shipwrecks would 
be added to the list of activities for which the Director of the NMSP 
(Director), or designee, may issue a permit. The modified permit 
regulations also specify that the Director may only issue permits for 
specific activities that would otherwise (without a permit) violate 
certain prohibitions: discharging and depositing; altering the 
submerged lands; abandoning (structures, material or other matter on 
the submerged lands); nearshore operation of vessels; disturbing a 
seabird or marine mammal by aircraft overflight below 1000 feet within 
1 NM of the Islands; moving, removing, injuring or possessing, or 
attempting to move, remove, injure or possess a Sanctuary historical 
resource; taking any marine mammal, sea turtle or seabird within or 
above the Sanctuary; possessing within the Sanctuary (regardless of 
where taken from, moved, or removed from) any marine mammal, sea 
turtle, or seabird; and operating a MPWC within waters of the Channel 
Islands National Park. In deciding whether to issue a permit, the 
Director of the NMSP would be required to consider the proposed 
activity in terms of: duration; effects on Sanctuary resources and 
qualities; potential indirect, secondary, or cumulative effects; and 
whether it is necessary to conduct the activity in the Sanctuary. In 
addition, the proposed modifications to the permit procedures and 
criteria (15 CFR 922.72) would further refine current requirements and 
procedures found in the general NMSP regulations (15 CFR 922.48(a) and 
(c)). The proposed modifications would also clarify existing 
requirements for permit applications found in the Office of Management 
and Budget approved applicant guidelines (OMB Control Number 0648-
0141). The proposed modifications to the permit regulations would also 
expressly require that the permittee agree to hold the United States 
harmless against any claims arising out of the permitted activities.
    The proposed revised management plan for the Sanctuary contains a 
series of action plans that outline management, research, education, 
operational, and performance measurement activities planned for the 
next five years. The activities are designed to address specific issues 
facing the Sanctuary and, in doing so, help achieve the mandates of the 
NMSP and the Sanctuary's designation.
    This document publishes the proposed new regulations and the 
proposed changes to existing regulations, publishes the text of the 
proposed Revised Designation Document for the Sanctuary, and announces 
the availability of the draft management plan and the draft 
environmental impact statement (DMP/DEIS). The existing CINMS 
Designation Document was published in 1980 upon establishment of the 
Sanctuary and, per the NMSA (at 16 U.S.C. 1434(a)(4)), describes the 
geographic area proposed to be included within the Sanctuary, the 
characteristics of the area that give it conservation, recreational, 
ecological, historical, research, educational, or esthetic value, and 
the types of activities that will be subject to regulation by the 
Secretary to protect those characteristics. The NMSP is proposing 
certain revisions to the Sanctuary's Designation Document, which 
include changes to the description of the area, an updated and more 
accurate description of characteristics that give the Sanctuary 
particular value, an updated explanation of the relation to other 
regulatory programs, and a number of substantive changes to the 
Sanctuary's scope of regulations.
    Since designation, the area of CINMS has been described as 
approximately 1252.5 square nautical miles (NM). However, as a result 
of the proposed regulation changes that correct inaccuracies and 
ambiguities in the coordinates and the description of the Sanctuary's 
outer and shoreline boundaries, the CINMS area is now calculated as 
approximately 1243 square NM. The legal description of CINMS is 
proposed to be updated to reflect this change.
    This update would not constitute a change in the geographic area of 
the Sanctuary but rather an improvement in the estimate of its size.
    Because this proposed action includes changes to the terms of 
designation of the Sanctuary, as defined at 16 U.S.C. 1434(a)(4), as 
required by 16 U.S.C. 1434(a)(2), a DEIS has been developed

[[Page 29098]]

consistent with the National Environmental Policy Act of 1969.

Marine Reserves and Conservation Areas

    In 2002 NOAA considered merging environmental review processes for 
consideration of establishing marine reserves (no-take zones) and/or 
marine conservation areas (limited-take zones) within the Sanctuary, 
and the management plan revision, but subsequently decided to proceed 
with two separate processes. Consequently, a separate DEIS and draft 
proposed rule are being prepared to address consideration of marine 
reserves and conservation areas. As such, the consideration of marine 
reserves and conservation areas is outside the scope of this proposed 
rule. No part of this proposed rule directs or influences a future 
decision on the separate process to consider establishing marine 
reserves and conservation areas within the Sanctuary.

Sanctuary Environment

    Designated on October 2, 1980 (45 FR 65200), the Sanctuary consists 
of an area off the coast of California of approximately 1243 square NM 
adjacent to the following islands and offshore rocks: San Miguel 
Island, Santa Cruz Island, Santa Rosa Island, Anacapa Island, Santa 
Barbara Island, Richardson Rock, and Castle Rock (the Islands) 
extending seaward to a distance of approximately six NM. The Sanctuary 
is located within the upper portion of the Southern California Bight 
(SCB), which is formed by a transition in the California coastline 
wherein the north-south trending coast begins to trend east to west. 
The SCB stretches from Point Conception in the north to Punta Eugenia 
(Mexico) in the south. Due to the oceanographic features of the SCB, 
its three bioregions, and the complex bottom topography and diversity 
of habitats found at the Islands, the Sanctuary has a great diversity 
of marine life.
    The Sanctuary is located within a 300-mile long oceanographic 
region known as the Continental Borderland, a unique region of the 
continental shelf characterized by basins and elevated ridges. The 
California Current, the major ocean current moving through the region, 
transports cold water southward from upwelling centers along the coast. 
Point Conception, on the mainland coast north of San Miguel Island, is 
the southernmost major upwelling center on the west coast of the United 
States. This upwelling results in increased primary productivity and 
large zooplankton populations that support exceptionally abundant 
populations of small schooling fish. The Southern California 
Countercurrent transports warm water northward from the U.S.-Mexico 
border into the Santa Barbara Channel. Point Conception marks a 
transition zone between these cool surface waters to the north and warm 
waters to the south. The confluence of the California Current and 
Southern California Countercurrent creates three distinct bioregions in 
and around the Sanctuary: (1) The cold Oregonian Province; (2) the warm 
California Province; and (3) the transition zone between the two. These 
bioregions often overlap within the Sanctuary, resulting in a unique 
and highly diverse array of marine life including cold water species at 
the southern end of their range and warm water species at the northern 
end of their range.
    Numerous important habitats are represented within the Sanctuary 
including kelp forests, surfgrass and eelgrass, intertidal, nearshore 
subtidal, deep-water benthic, and pelagic habitats. Giant kelp beds are 
highly productive Sanctuary habitats that provide food, shelter, 
attachment sites, and nursery habitat for myriad invertebrates and 
fishes. Greater habitat heterogeneity within the Sanctuary has resulted 
in increased kelp forest species diversity compared to that of mainland 
kelp forests. The extent of kelp beds varies considerably based on 
environmental conditions such as water temperature and natural 
predation. Surfgrass and eelgrass beds are also highly productive and 
complex microhabitats that support a wide variety of marine species. 
Intertidal habitat within the Sanctuary is composed of approximately 
94.5 miles of rocky coastline interspersed with approximately 47 miles 
of sandy beaches. Rocky shores support a rich assortment of plants and 
animals, including numerous green, brown, and red algae, as well as 
beds of surfgrass. Nearshore subtidal habitats include mud, sand, 
gravel, cobble, and bedrock substrates. Rocky nearshore subtidal 
habitats are widespread, especially high relief volcanic reefs with 
walls, ledges, caves, and pinnacles. Typical shallow subtidal areas in 
the Sanctuary contain assemblages of plants, invertebrates, and fishes, 
with giant kelp dominating. Many shallow reefs grazed by sea urchins 
have less giant kelp and greatly reduced species diversity. Deeper 
reefs have well-developed invertebrate cover. Deep-water benthic or 
bottom habitats in the Sanctuary are 90% fine sediment or clay, with 
the remainder consisting of rocky areas. High relief pinnacles and 
ridges occur off the northwest end of San Miguel Island. While offshore 
benthic habitats do not support marine plants, they do support numerous 
invertebrates and demersal fishes such as various species of rockfish. 
Pelagic habitat, within the water column, supports numerous marine 
plants, fishes, and invertebrates, including plankton.
    Diversity of marine plants is greater in the SCB, which includes 
the Sanctuary, as indicated above, than along coastal central 
California. In the SCB, there are at least 492 species of algae and 4 
species of seagrasses known to occur of the 673 species described for 
California.
    The total number of invertebrate species in the SCB is estimated at 
more than 5,000, not including microinvertebrates. Select invertebrates 
in the Sanctuary include many species of corals, prawns, spiny lobster, 
crabs, sea urchins, sea cucumbers, sea star, abalone, nudibranchs, 
scallops, mussels, squid, clams, barnacles, snails, salps, tunicates, 
jellyfish, sea slugs, and anemones. White abalone is protected by the 
Endangered Species Act.
    About 481 species of fish inhabit the SCB. Abundance of fish 
assemblages is greater surrounding the Islands than at nearby coastal 
regions of the southern California mainland. Select fishes commonly 
found in the Sanctuary include: albacore, anchovy (northern), bass 
(various species), cabezon, California sheephead, California halibut, 
garibaldi, rockfish (various species), salmon (king), sardine 
(Pacific), shark (various species), surfperch (various species), 
swordfish, and white sea bass.
    Four species of sea turtles have been reported in the offshore 
southern California region: green, loggerhead, olive Ridley, and 
leatherback. Southern California sea turtle stranding data indicate 
that all four species of sea turtle found in the region may be found 
within the Sanctuary at any time of year. All sea turtles are protected 
by the Endangered Species Act.
    Over 195 species of birds use open water, shore, or island habitats 
in the SCB. The Sanctuary provides stopover habitat during both 
northern and southern bird migrations along the Pacific Flyway. The 
Sanctuary provides important habitat for eight seabirds that have 
special status under federal or state law: ashy storm-petrel, black 
storm-petrel, California brown pelican, California least tern, double-
crested cormorant, rhinoceros auklet, western snowy plover, and Xantus' 
murrelet.
    There are three marine mammal groups in the Sanctuary: Whales, 
dolphins, and porpoises (cetaceans); seals and sea lions (pinnipeds); 
and the

[[Page 29099]]

southern sea otter. All marine mammals are protected under the Marine 
Mammal Protection Act of 1972. In addition, some marine mammals are 
protected under both the federal and state endangered species acts. At 
least 33 species of cetaceans have been reported in the Sanctuary 
region. Species commonly found in the Sanctuary include: long-beaked 
common dolphin, short-beaked common dolphin, bottlenose dolphin, 
Pacific white-sided dolphin, northern right whale dolphin, Risso's 
dolphin, California gray whale, blue whale, and humpback whale. Seven 
species of pinnipeds are found throughout or in part of the Sanctuary: 
The California sea lion (common), northern fur seal (uncommon), 
northern elephant seal (common), Pacific harbor seal (common), 
Guadalupe fur seal (extremely rare), Steller sea lion (rare), and 
ribbon seal (rare). The Sanctuary provides vital pinniped habitat 
including important feeding areas, breeding sites, and haul outs. Sea 
otters were common around the Islands until prolonged periods of 
hunting led to local extinction at the Islands and severe depletion 
along the mainland California coast. Rare sightings of sea otters in 
the Sanctuary have been reported since the 1987-to-1990 U.S. Fish and 
Wildlife Service (USFWS) translocation of 139 sea otters to San Nicolas 
Island. The southern sea otter is listed as threatened under the 
Endangered Species Act.
    The ecological and cultural values of the Islands and surrounding 
waters are recognized nationally and internationally by several special 
designations, including that as a national marine sanctuary. In 1980 
the United States not only designated the Sanctuary, but also 
designated Anacapa, San Miguel, Santa Barbara, Santa Cruz, and Santa 
Rosa Islands and 125,000 acres of submerged lands surrounding them as 
the Channel Islands National Park. In addition, the United Nations 
Educational, Scientific and Cultural Organization's (UNESCO) Man and 
the Biosphere Program designated the Sanctuary as a Biosphere Reserve 
in 1986.
    The Sanctuary's cultural values stem largely from its rich array of 
maritime heritage resources (shipwrecks, aircraft wrecks, material 
associated with wharves, piers and landings, prehistoric archaeological 
sites and their associated artifacts, and paleontological remains). 
Carbon dating indicates that humans were present at the Islands as 
early as 13,000 years ago, with a site on Santa Rosa Island presenting 
the oldest human remains yet discovered in North America. The Islands 
and surrounding Sanctuary contain an abundance of prehistoric Native 
American Chumash artifacts and are still revered as a homeland by 
Chumash descendants. Historical remains may exist from as early as Juan 
Rodriguez Cabrillo's European voyage of discovery (1542 to 1543) 
through modern times. Known historical remains are represented in an 
inventory of over 140 shipwrecks and aircraft wrecks documented in the 
Sanctuary since 1853.
    The uniqueness of the Sanctuary region and its proximity to several 
major ports and harbors along the mainland coast has made it a popular 
destination for numerous recreational and commercial activities. 
Sportfishing, diving, snorkeling, whale watching, pleasure boating, 
kayaking, surfing, and sightseeing are all popular pastimes within the 
Sanctuary, which is often referred to as ``the Galapagos of the 
north.'' In 1999, recreation and tourism businesses represented almost 
480 thousand person-days of activity within the Sanctuary. The 
Sanctuary also has very productive commercial fishing grounds. Key 
commercially targeted species include: Squid, sea urchin, spiny 
lobster, prawn, nearshore and offshore finfishes, coastal pelagic 
species, flatfishes, rock crab, sea cucumber, tuna, and kelp. Of these 
market squid, sea urchin, spiny lobster, and halibut are the most 
economically valuable. In 1999 the ex-vessel value of species 
commercially caught within the Sanctuary was approximately $42,777,444. 
Other human uses that occur adjacent to and in the Sanctuary are oil 
and gas activities, shipping, Department of Defense and Department of 
Homeland Security activities, and scientific research and education.
    The Sanctuary is located near an area of southern California 
coastline that has experienced a dramatic increase in population. 
Whereas the population of southern California (Imperial, Los Angeles, 
Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and 
Ventura counties) was approximately 13.5 million in 1980, population 
levels now reach nearly 20 million. This represents a regional increase 
in population of approximately 43%. Aerial and on-water surveys 
indicate that visitation to CINMS has increased significantly since 
1980. With continued technological innovations such as global 
positioning systems (GPS) and improved watercraft design, it is likely 
that there will be continued increasing visitation to the Sanctuary and 
added pressure on its resources. With its proposed revised management 
plan and regulations, NOAA hopes to continue to protect CINMS for 
continued appreciation and appropriate use by current and future 
generations.

Proposed Revised Designation Document

    The Designation Document for the Sanctuary contains the terms of 
designation as defined in the NMSA (16 U.S.C. 1434(a)(4)). NOAA is 
proposing some changes to the Designation Document as part of this 
management plan review process. Specifically, NOAA is proposing to 
clarify in the Designation Document that the submerged lands at CINMS 
are legally part of the Sanctuary and are included in the boundary 
description. At the time the Sanctuary was designated in 1980, Title 
III of the Marine Protection, Research, and Sanctuaries Act (now known 
as the NMSA) characterized national marine sanctuaries as consisting of 
coastal and ocean waters but did not expressly mention submerged lands 
thereunder. NOAA has consistently interpreted its authority under the 
NMSA as extending to submerged lands, and amendments to the NMSA in 
1984 (Pub. L. 98-498) clarified that submerged lands may be designated 
by the Secretary of Commerce as part of a national marine sanctuary (16 
U.S.C. 1432(3)). Therefore, NOAA is updating the Designation Document 
and the boundary description, and is also replacing the term ``seabed'' 
with ``submerged lands of the Sanctuary.'' In addition, boundary 
coordinates in the revised Designation Document and in the Sanctuary 
regulations would be expressed by coordinates based on the North 
American Datum of 1983 (NAD 83). Since designation the area of CINMS 
has been described as approximately 1252.5 square NM. However, 
adjusting for technical corrections and using updated technologies, the 
CINMS area is now calculated as approximately 1243 square NM. The legal 
description of CINMS is proposed to be updated to reflect this change. 
This update would not constitute a change in the geographic area of the 
Sanctuary but rather an improvement in the estimate of its size.
    The Designation Document is also proposed to be modified to 
authorize Sanctuary regulation of: Exploring for, developing, or 
producing minerals within the Sanctuary; 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; placing or abandoning any structure, material, or other matter 
on or in the submerged lands of the Sanctuary; moving, injuring, 
possessing, or attempting to

[[Page 29100]]

move, injure, or possess a Sanctuary historical resource; taking any 
marine mammal, sea turtle, or seabird within or above the Sanctuary; 
possessing within the Sanctuary (regardless of where taken from, moved, 
or removed from) any marine mammal, sea turtle or seabird; marking, 
defacing, damaging, moving, removing, or tampering with any sign, 
notice, or placard, whether temporary or permanent, or any monument, 
stake, post, or other boundary marker related to the Sanctuary; and 
introducing or otherwise releasing from within or into the Sanctuary an 
introduced species. These proposed revisions to and addition of new 
activities subject to Sanctuary regulation would enable new and 
emerging resource management issues to be addressed, and are necessary 
in order to ensure the protection, preservation, and management of the 
conservation, recreational, ecological, historical, cultural, 
educational, archeological, scientific, and esthetic resources and 
qualities of the Sanctuary.
    Additional proposed changes to the Designation Document would 
provide: An updated and more complete description of characteristics 
that give the Sanctuary particular value; greater clarity on the 
applicability of Sanctuary emergency regulations (in keeping with the 
National Marine Sanctuary Program regulations of general applicability, 
15 CFR part 922, subpart E); revision of the Scope of Regulations 
section on consistency with international law with language taken 
directly from sec. 305(a) of the NMSA, which deals with application of 
regulations; an updated explanation of the effect of Sanctuary 
authority on preexisting leases, permits, licenses, and rights; an 
update of the section entitled Alterations to This Designation to 
reflect the NMSA as currently written; and occasional wording fine-
tuning in order to conform wording of the Designation Document, where 
appropriate, to wording used for more recently designated sanctuaries. 
No changes are proposed to be made to the ``Fishing'' and ``Defense 
Activities'' sections within Article V (Relation to Other Regulatory 
Programs) of the Designation Document.
    The NMSP has carefully considered existing state and federal 
authorities in proposing new regulatory authorities to ensure 
protection and management of sanctuary resources. Proposed new 
authorities are intended to complement existing authorities.

Proposed Revised Designation Document for the Channel Islands National 
Marine Sanctuary

Article I. Effect of Designation
    The Channel Islands National Marine Sanctuary was designated on 
October 2, 1980 (45 FR 65200). Section 308 of the National Marine 
Sanctuaries Act, 16 U.S.C. 1431 et seq., (NMSA) authorizes the issuance 
of such regulations as may be necessary to implement the designation, 
including managing, protecting and preserving the conservation, 
recreational, ecological, historical, cultural, archeological, 
scientific, educational, and esthetic resources and qualities of the 
Channel Islands National Marine Sanctuary (Sanctuary). Section 1 of 
Article IV of this Designation Document lists activities of the types 
that either are to be regulated on the effective date of designation or 
may be regulated at some later date in order to protect Sanctuary 
resources and qualities. Listing does not necessarily mean that a type 
of activity will be regulated; however, if a type of activity is not 
listed it may not be regulated, except on an emergency basis, unless 
Section 1 of Article IV is amended to include the type of activity by 
the same procedures by which the original designation was made.
Article II. Description of the Area
    The Sanctuary consists of an area of approximately 1243 square 
nautical miles (NM) of coastal and ocean waters, and the submerged 
lands thereunder, off the southern coast of California. The Sanctuary 
boundary begins at the Mean High Water Line of and extends seaward to a 
distance of approximately six NM from the following islands and 
offshore rocks: San Miguel Island, Santa Cruz Island, Santa Rosa 
Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and 
Castle Rock (the Islands). The seaward boundary coordinates are listed 
in the Appendix to this Designation Document.
Article III. Characteristics of the Area That Give It Particular Value
    The Islands and surrounding ecosystems are unique and highly 
valued, as demonstrated by, for example, several national and 
international designations. The Islands and surrounding ecosystems are 
characterized by a unique combination of features including: Complex 
oceanography, varied bathymetry, diverse habitats, remarkable 
biodiversity, rich maritime heritage, remote yet accessible location, 
and relative lack of development. These features yield high existence 
values as well as human use values for research, education, recreation, 
and commerce.
    The Islands are located within a 300-mile long oceanographic region 
known as the Continental Borderland, a unique region of the continental 
shelf characterized by basins and elevated ridges. Within this region 
the confluence of the cool California Current and warm Southern 
California Countercurrent creates three distinct bioregions in and 
around the Sanctuary: the cold Oregonian Province, the warm California 
Province, and the transition zone between the two. The overlap of these 
bioregions results in a unique and highly diverse array of marine life 
within the Sanctuary, including cold water species at the southern end 
of their range and warm water species at the northern end of their 
range. In addition, the Sanctuary is located offshore from Point 
Conception, the southernmost major upwelling center on the west coast 
of the United States. Upwelling yields increased primary productivity 
essential to the marine food web.
    Diverse bathymetry and habitats are also important and unique 
characteristics of the Islands and surrounding ecosystems. The 
Sanctuary contains many important and varied physical and geological 
features including a complex of plateaus, continental slope, gyres, 
banks, subsea canyons, and rocky reefs. The diversity of accentuated 
bottom relief, abrupt change in depth, and varied substrate provide a 
spectrum of marine habitats. Some of the key marine habitats are sandy 
beach, rocky intertidal, kelp forest, rocky reef, and sandy bottom.
    The Sanctuary's oceanographic and physical features support a great 
diversity of marine species, many of which are extremely rare and 
afforded special protection by federal and state law. At least 33 
species of cetaceans are found within the Sanctuary, including blue, 
gray, and humpback whales and numerous dolphin species. While 
historically seven species of pinnipeds have been found throughout or 
in part of the Sanctuary, at least four species maintain important 
rookery and/or haul out sites on the Islands. Following the 1987 to 
1990 translocation of southern sea otters to San Nicolas Island, rare 
sea otter sightings have been reported in the Sanctuary. Over 60 
species of seabird occur within the Sanctuary, eleven of which utilize 
breeding habitat at the Islands. In addition, over 400 species of fish 
and more than 5,000 species of invertebrates are found in the 
Sanctuary. Stranding data indicate that green, loggerhead, olive 
Ridley, and leatherback sea turtles may also be

[[Page 29101]]

found within the Sanctuary. Finally, numerous marine algae and plant 
species occur within the Sanctuary, the most notable among these being 
giant kelp and eelgrass.
    The quality and abundance of natural resources at the Islands and 
surrounding waters have attracted man from the earliest prehistoric 
times to the present. As a result, the Sanctuary contains significant 
prehistoric and historic maritime heritage resources. Prehistoric 
maritime heritage resources include submerged Native American sites, 
the significance of which is underscored by a terrestrial Islands site 
with human remains dated to 13,000 years ago, the oldest human remains 
yet discovered in North America. Maritime heritage resources date back 
as far as 1542 and include over 140 historic shipwreck and aircraft 
sites. These wrecks reveal the diverse range of activities and 
nationalities that have traversed the Santa Barbara Channel. Following 
the mission era human occupation of the Islands transitioned from 
significant Chumash Native American villages, to land grant and 
ranching settlements, and finally to joint public-private ownership and 
management aimed at resource conservation and compatible public use. 
Modern-day descendants of the Chumash people still value and enjoy the 
Islands and surrounding Sanctuary waters, and work to keep preserve 
aspects of Chumash cultural history and practices. Despite this long 
history of human presence on the Islands, they remain remote yet 
accessible, and undeveloped relative to the burgeoning populations of 
nearby mainland southern California.
    The physical, biological, and cultural characteristics of the 
Sanctuary combine to provide outstanding opportunities for appropriate 
scientific research, education, recreation, commerce, and natural and 
maritime heritage resource protection, preservation, and management. 
The Islands and surrounding Sanctuary are the subject of extensive 
research, primarily in the following categories: Physical and 
biological science research; socioeconomic, cultural, and historic 
research; and political science research. Since its designation in 1980 
the Sanctuary has played an important role in marine science education 
for all ages on a local, regional, national, and international scale. 
Popular Sanctuary recreation activities include wildlife viewing, 
boating, sailing, kayaking, diving, and sportfishing. Commercial 
activities within the Sanctuary include maritime shipping, oil and gas 
activities (two leases pre-date the Sanctuary), kelp harvesting, and 
commercial fishing. Some of the state's most valuable commercial 
fisheries occur within the Sanctuary. A complex web of county, state, 
and federal agencies manages the resources of the Islands and 
surrounding area and human uses thereof.
    Several special designations recognize the Islands' and surrounding 
ecosystems' unique value. In 1980 the United States designated both the 
Channel Islands National Marine Sanctuary, as well as the islands of 
Anacapa, San Miguel, Santa Barbara, Santa Cruz, and Santa Rosa and 
125,000 acres of submerged lands surrounding them as the Channel 
Islands National Park. In addition, the United Nations Educational, 
Scientific and Cultural Organization's (UNESCO) Man and the Biosphere 
Program designated the Sanctuary as a Biosphere Reserve in 1986.
Article IV. Scope of Regulations
    Section 1. Activities Subject to Regulation. The following 
activities are subject to regulation, including prohibition, as may be 
necessary to ensure the management, protection, and preservation of the 
conservation, recreational, ecological, historical, cultural, 
archeological, scientific, educational, and esthetic resources and 
qualities of this area:
    a. Exploring for, developing, or producing hydrocarbons or minerals 
within the Sanctuary;
    b. Discharging or depositing from within or into the Sanctuary any 
material or other matter;
    c. 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;
    d. 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;
    e. Operating a vessel (i.e., watercraft of any description) within 
the Sanctuary except fishing vessels or vessels traveling within a 
Vessel Traffic Separation Scheme or Port Access Route designated by the 
Coast Guard outside of 1 NM from any Island;
    f. Disturbing a marine mammal or seabird by an overflight below 
1000 feet;
    g. Moving, removing, injuring, possessing, or attempting to move, 
remove, injure, or possess a Sanctuary historical resource;
    h. Taking any marine mammal, sea turtle, or seabird within or above 
the Sanctuary;
    i. Possessing within the Sanctuary (regardless of where taken from, 
moved, or removed from) any marine mammal, sea turtle, or seabird;
    j. Marking, defacing, damaging, moving, removing, or tampering with 
any sign, notice, or placard, whether temporary or permanent, or any 
monument, stake, post, or other boundary marker related to the 
Sanctuary;
    k. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species.
    Section 2. Consistency with International Law. The regulations 
governing the activities listed in Section 1 of this article 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 or be enforced against a person who is not a citizen, 
national, or resident alien of the United States, unless in accordance 
with: generally recognized principles of international law; an 
agreement between the United States and the foreign state of which the 
person is a citizen; or an agreement between the United States and the 
flag state of a foreign vessel, if the person is a crewmember of the 
vessel.
    Section 3. 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, including those not listed in section 1 
of this Article, are subject to immediate temporary regulation, 
including prohibition, consistent with the Administrative Procedure 
Act.
Article V. Relation to Other Regulatory Programs
    Section 1. Fishing. The regulation of fishing is not authorized 
under Article IV. However, fishing vessels may be regulated with 
respect to discharges in accordance with Article IV, Section 1, 
paragraphs (b) and (c) and aircraft conducting kelp bed surveys below 
1000 feet can be regulated in accordance with Article IV, Section 1, 
paragraph (f). All regulatory programs pertaining to fishing, including 
particularly regulations promulgated under the California Fish and Game 
Code and Fishery Management Plans promulgated under the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et 
seq., shall remain in effect. All permits, licenses and other 
authorizations issued pursuant thereto shall be valid within the 
Sanctuary unless authorizing any activity

[[Page 29102]]

prohibited by any regulation implementing Article IV. Fishing as used 
in this article and in Article IV includes kelp harvesting.
    Section 2. Defense Activities. The regulation of those activities 
listed in Article IV shall not prohibit any activity conducted by the 
Department of Defense that is essential for national defense or because 
of an emergency. Such activities shall be consistent with the 
regulations to the maximum extent practicable.
    Section 3. Effect on Leases, Permits, Licenses, and Rights. 
Pursuant to section 304(c) of the NMSA, 16 U.S.C. 1434(c), no valid 
lease, permit, license, approval, or other authorization issued by any 
federal, state, or local authority of competent jurisdiction, or any 
right of subsistence use or access, may be terminated by the Secretary 
of Commerce or designee as a result of this designation or as a result 
of any Sanctuary regulation if such authorization or right was in 
existence on the effective date of this designation. The Secretary of 
Commerce, or designee, however, may regulate the exercise (including, 
but not limited to, the imposition of terms and conditions) of such 
authorization or right consistent with the purposes for which the 
Sanctuary is designated.
Article VI. Alterations to This Designation
    The terms of designation, as defined under section 304(a) of the 
NMSA, may be modified only by the same procedures by which the original 
designation is made, including public hearings, consultation with 
interested federal and state agencies and the Pacific Fishery 
Management Council, approved by the Secretary of Commerce or designee, 
and after the close of a review period of forty-five days of continuous 
session of Congress.

Appendix--Channel Islands National Marine Sanctuary Boundary 
Coordinates

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

------------------------------------------------------------------------
                                                Latitude      Longitude
                Point ID No.                      North         West
------------------------------------------------------------------------
1...........................................      33.94138    -119.27422
2...........................................      33.96776    -119.25010
3...........................................      34.02607    -119.23642
4...........................................      34.07339    -119.25686
5...........................................      34.10185    -119.29178
6...........................................      34.11523    -119.33040
7...........................................      34.11611    -119.39120
8...........................................      34.11434    -119.40212
9...........................................      34.11712    -119.42896
10..........................................      34.11664    -119.44844
11..........................................      34.13389    -119.48081
12..........................................      34.13825    -119.49198
13..........................................      34.14784    -119.51194
14..........................................      34.15466    -119.59059
15..........................................      34.15142    -119.61254
16..........................................      34.13411    -119.66024
17..........................................      34.14635    -119.69780
18..........................................      34.15988    -119.76688
19..........................................      34.15906    -119.77800
20..........................................      34.15928    -119.79327
21..........................................      34.16213    -119.80347
22..........................................      34.16962    -119.83643
23..........................................      34.17266    -119.85240
24..........................................      34.17588    -119.88903
25..........................................      34.17682    -119.93357
26..........................................      34.17258    -119.95830
27..........................................      34.13535    -120.01964
28..........................................      34.13698    -120.04206
29..........................................      34.12994    -120.08582
30..........................................      34.12481    -120.11104
31..........................................      34.12519    -120.16076
32..........................................      34.11008    -120.21190
33..........................................      34.11128    -120.22707
34..........................................      34.13632    -120.25292
35..........................................      34.15341    -120.28627
36..........................................      34.16408    -120.29310
37..........................................      34.18231    -120.31224
38..........................................      34.19117    -120.32576
39..........................................      34.20224    -120.35122
40..........................................      34.20707    -120.41801
41..........................................      34.20520    -120.42859
42..........................................      34.19254    -120.46041
43..........................................      34.20540    -120.50728
44..........................................      34.20486    -120.53987
45..........................................      34.18182    -120.60041
46..........................................      34.10208    -120.64208
47..........................................      34.08151    -120.63894
48..........................................      34.05848    -120.62862
49..........................................      34.01940    -120.58567
50..........................................      34.01349    -120.57464
51..........................................      33.98698    -120.56582
52..........................................      33.95039    -120.53282
53..........................................      33.92694    -120.46132
54..........................................      33.92501    -120.42170
55..........................................      33.91403    -120.37585
56..........................................      33.91712    -120.32506
57..........................................      33.90956    -120.30857
58..........................................      33.88976    -120.29540
59..........................................      33.84444    -120.25482
60..........................................      33.83146    -120.22927
61..........................................      33.81763    -120.20284
62..........................................      33.81003    -120.18731
63..........................................      33.79425    -120.13422
64..........................................      33.79379    -120.10207
65..........................................      33.79983    -120.06995
66..........................................      33.81076    -120.04351
67..........................................      33.81450    -120.03158
68..........................................      33.84125    -119.96508
69..........................................      33.84865    -119.92316
70..........................................      33.87038    -119.88247
71..........................................      33.86804    -119.87060
72..........................................      33.86110    -119.79017
73..........................................      33.86351    -119.77130
74..........................................      33.85995    -119.74390
75..........................................      33.86233    -119.68783
76..........................................      33.87330    -119.65504
77..........................................      33.88594    -119.62617
78..........................................      33.88688    -119.59423
79..........................................      33.88809    -119.58278
80..........................................      33.89414    -119.54861
81..........................................      33.90064    -119.51936
82..........................................      33.91569    -119.48263
83..........................................      33.91094    -119.46137
84..........................................      33.90424    -119.42422
85..........................................      33.90219    -119.40730
86..........................................      33.90131    -119.38373
87..........................................      33.90398    -119.36333
88..........................................      33.90635    -119.35345
89..........................................      33.91304    -119.33280
90..........................................      33.91829    -119.32206
91..........................................      33.48250    -119.16874
92..........................................      33.44235    -119.16797
93..........................................      33.40555    -119.14878
94..........................................      33.39059    -119.13283
95..........................................      33.36804    -119.08891
96..........................................      33.36375    -119.06803
97..........................................      33.36241    -119.04812
98..........................................      33.36379    -119.02811
99..........................................      33.36879    -118.99797
100.........................................      33.37441    -118.98194
101.........................................      33.38001    -118.96972
102.........................................      33.38914    -118.95492
103.........................................      33.40515    -118.93661
104.........................................      33.44006    -118.91519
105.........................................      33.48414    -118.90712
106.........................................      33.52444    -118.91492
107.........................................      33.53834    -118.92271
108.........................................      33.58616    -118.99540
109.........................................      33.59018    -119.02374
110.........................................      33.58516    -119.06745
111.........................................      33.58011    -119.08521
112.........................................      33.54367    -119.14460
113.........................................      33.51161    -119.16367
------------------------------------------------------------------------

Summary of the Proposed Regulatory Amendments

    The proposed regulatory changes would clarify that ``submerged 
lands'' are within the Sanctuary boundary, i.e., part of the Sanctuary. 
This would update the boundary regulation to make it consistent with 
the revised Designation Document. (See explanation of boundary 
clarification in preceding discussion of proposed revised Designation 
Document.) The Sanctuary's outer boundary coordinates and description 
of the shoreline boundary demarcation are also proposed for technical 
corrections using the North American Datum of 1983, and to clarify that 
the shoreline boundary is the Mean High Water Line (MHWL) of Island 
shores. Since designation the area of CINMS has been described as 
approximately 1252.5 square NM. However, adjusting for technical 
corrections and using updated technologies, the CINMS area is now 
calculated as approximately 1243 square NM. The legal description of 
CINMS is proposed to be updated to reflect this change. This update 
would not constitute a change in the geographic area of the Sanctuary 
but rather an improvement in the estimate of its size.
    The proposed regulations would also modify the existing (1982) oil 
and gas regulation by removing the oil spill contingency equipment 
requirements, and modifying exceptions to this

[[Page 29103]]

prohibition. The equipment requirements are outdated and unnecessary 
since Minerals Management Service lease agreement terms prescribe more 
stringent mandatory oil spill contingency plans. The following 
exceptions would be omitted for this prohibition: national defense; to 
respond to an emergency threatening life, property, or the environment; 
and as may be permitted by the Director in accordance with 15 CFR 
922.48 and 922.72. These exceptions are not specific to the current 
regulation, but rather are ``boilerplate'' generic exceptions to the 
current prohibitions. The proposed revised regulations fine-tune the 
exceptions, as has been done in the regulations for more recently 
designated sanctuaries, so only if an exception is possibly applicable 
is it referenced for a particular prohibition. Accordingly, removal of 
the above exceptions is proposed because the limited exception for 
hydrocarbon exploration, development, or production is already provided 
within the regulation itself, because exploring for, developing, and 
producing hydrocarbons is not envisionable as a necessary activity to 
respond to an emergency threatening life, property, or the environment, 
and because such an activity could not meet the permit criteria 
requirements under 15 CFR 922.48 and 922.72. Department of Defense 
activities are addressed elsewhere in the regulations. Further, no such 
exceptions have ever been sought at CINMS.
    The proposed regulations would also prohibit exploring for, 
developing, or producing minerals within the Sanctuary, except 
producing by-products incidental to hydrocarbon production allowed 
under the regulations. ``Mineral'' is defined by the NMSP program-wide 
regulations as clay, stone, sand, gravel, metalliferous ore, non-
metalliferous ore, or any other solid material or other matter of 
commercial value. 15 CFR 922.3. Mineral extraction activities could 
involve scraping the Sanctuary's seabed surface and/or excavation of 
pits and tunnels into the seabed. This prohibition would protect 
Sanctuary resources and qualities from potentially damaging effects of 
offshore mining activities, including but not limited to: Destruction 
and direct smothering of the benthic biota; alteration of the seabed 
surface profile; potential harm to fisheries; introduction of 
pollutants (e.g., drill cuttings and mud) that could cause interference 
with the filtering, feeding, or respiratory functions of marine 
organisms; loss of food sources and habitat for some species; possible 
lowered photosynthesis and oxygen levels; and degraded appearance of 
the water itself. Finally, prohibition of mining within the Sanctuary 
would reduce the risk of potential disturbance to underwater historical 
resources either through physical disturbance or increased turbidity, 
which would result in direct long-term beneficial impact to historical 
resources. A prohibition on mineral activities within the Sanctuary 
would be consistent with the prohibition on alteration of or 
construction on or in the submerged lands discussed below.
    The proposed regulations would also clarify and otherwise modify 
the existing (1982) regulation prohibiting discharging or depositing 
any material or other matter. Clarifications include that: the 
regulation applies to discharges and deposits ``from within or into the 
Sanctuary'' (``into'' is intended to make clear that not only 
discharges and deposits originating in the Sanctuary (including from 
vessels in the Sanctuary), but also discharges and deposits from 
aircraft above the Sanctuary, from docks and piers extending over the 
Sanctuary, and from cliffs and other land adjacent to the Sanctuary, 
for example, are included in the prohibition); the exception for fish, 
fish parts, or chumming materials (bait) applies only to such 
discharges or deposits made during the conduct of lawful fishing 
activity within the Sanctuary; and the exception for biodegradable 
effluent discharges from marine sanitation devices applies only to 
operable Type I or II marine sanitation devices approved by the United 
States Coast Guard in accordance with the Federal Water Pollution 
Control Act, as amended. The existing exception for vessel wastes 
``generated by marine sanitation devices'' was intended to prohibit the 
discharge of untreated sewage into the Sanctuary; the proposed 
clarification to this exception makes express that such discharges are 
only allowed if generated by Type I or II marine sanitation devices. 
(Type I and Type II marine sanitation devices treat wastes, but Type 
III marine sanitation devices do not.) In addition, the discharge and 
deposit regulation would be modified by removing the exception for 
discharging or depositing meals onboard vessels. Coast Guard 
regulations prohibit discharge of food wastes (garbage) within three NM 
and prohibit discharge of food wastes unless ground to less than one 
inch within three to twelve NM. The proposed Sanctuary regulation 
modification would mirror the Coast Guard regulations within three NM 
and provide increased protection to Sanctuary resources and qualities 
from such marine debris vis-[agrave]-vis the Coast Guard regulations in 
the area of the Sanctuary beyond three NM. The proposed clarifications 
and modification are intended to achieve increased protection of 
Sanctuary resources and qualities.
    Finally, the discharge and deposit regulation would be augmented by 
adding a prohibition on discharging or depositing any material or other 
matter from beyond the boundary of the Sanctuary that subsequently 
enters the Sanctuary and injures a Sanctuary resource or quality. 
``Sanctuary resource'' is defined at 15 CFR 922.3 as ``any living or 
non-living resource of a National Marine Sanctuary that contributes to 
the conservation, recreational, ecological, historical, research, 
educational, or aesthetic value of the Sanctuary, including, but not 
limited to, the substratum of the area of the Sanctuary, other 
submerged features and the surrounding seabed, carbonate rock, corals 
and other bottom formations, coralline algae and other marine plants 
and algae, marine invertebrates, brine-seep biota, phytoplankton, 
zooplankton, fish, seabirds, sea turtles and other marine reptiles, 
marine mammals and historical resources.'' ``Sanctuary quality'' is 
defined at 15 CFR 922.3 as ``any of those ambient conditions, physical-
chemical characteristics and natural processes, the maintenance of 
which is essential to the ecological health of the Sanctuary, 
including, but not limited to, water quality, sediment quality and air 
quality.'' This modification would provide consistency with the 
regulatory language of other more recently designated sanctuaries, and 
help to protect Sanctuary resources and qualities from negative 
influences originating outside the boundaries of the CINMS.
    The proposed regulatory changes would also modify the existing 
prohibition against altering the seabed of the Sanctuary or 
constructing a structure thereon. The term ``seabed'' would be replaced 
with ``submerged lands'' to be consistent with language used in the 
NMSA. In addition, the geographic extent of this regulation would be 
expanded from the first 2 NM offshore to the entire area of the 
Sanctuary in order to ensure protection of the diverse accentuated 
bottom relief, varied substrate, and concomitant benthic habitats of 
the Sanctuary, and wording would be conformed with similar regulations 
at more recently designated sanctuaries. Another

[[Page 29104]]

proposed change to this regulation would modify the exception for 
``bottom trawling from a commercial vessel'' to provide an exception 
for activities incidental and necessary to ``conduct lawful fishing 
activity.'' This broadening of the exception would encompass other 
bottom-touching gear types, such as pots and traps, which the drafters 
of the original regulations apparently did not realize could alter the 
seabed. This proposed change would thus remove any uncertainty about 
the existing regulation's applicability to such gear types.
    The proposed regulatory changes would also specify that abandoning, 
by which is meant leaving without intent to remove, any structure, 
material, or other matter on or in the submerged lands of the 
Sanctuary, is prohibited. This change would be consistent with similar 
regulations at more recently designated sanctuaries and would help 
protect the Sanctuary from debris (e.g., wrecked vessels or seabed 
research equipment) abandoned by Sanctuary users. This change is 
consistent with the U.S. Ocean Action Plan: The Bush Administration's 
Response to the U.S. Commission on Ocean Policy. In this Action Plan 
the Administration acknowledges the harmful effects marine debris has 
on valuable marine resources, and calls for the re-establishment of the 
Interagency Marine Debris Coordinating Committee (re-established in 
December 2004), of which NOAA is a member.
    The proposed regulatory changes would also modify the existing 
(1982) vessel approach regulation so that the prohibition against 
vessel operation within 1 NM of any of the Islands would apply not only 
to vessels engaged in the trade of carrying cargo and vessels engaged 
in the trade of servicing offshore installations but also to all 
vessels of 300 gross registered tons or more (excluding fishing and 
kelp harvesting vessels). The intent of this modification is to protect 
the sensitive nearshore areas off the Islands, including kelp forests, 
rocky reefs, and other areas, from the potential impacts of large-
vessel groundings and collisions, including, but not limited to, cruise 
ships. The NMSP developed the proposed modified prohibition to more 
directly address the Sanctuary's concern that very large vessels, 
regardless of their purpose, not approach and put at risk sensitive 
nearshore areas of the Sanctuary.
    The proposed regulatory changes would also include a modification 
to the existing (1982) prohibition on removing or damaging any 
historical or cultural resource. The proposed modification would add 
``moving'' and ``possessing'' to the existing prohibition; would 
replace ``damage'' with ``injure,'' a term defined at 15 CFR 922.3; and 
add ``attempting'' to move, remove, injure, or possess as a 
prohibition. The intent of this modification is to provide added 
protection to these fragile, finite, and non-renewable resources so 
they may be studied, and so appropriate information about them may be 
mad