Gulf of the Farallones National Marine Sanctuary Regulations; Monterey Bay National Marine Sanctuary Regulations; and Cordell Bank National Marine Sanctuary Regulations, 70488-70540 [E8-27220]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70488-70540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27220]



[[Page 70487]]

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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 922



Gulf of the Farallones National Marine Sanctuary Regulations; Monterey 
Bay National Marine Sanctuary Regulations; and Cordell Bank National 
Marine Sanctuary Regulations; Final Rule

Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / 
Rules and Regulations

[[Page 70488]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 080302355-81415-02]
RINs 0648-AT14, 0648-AT15, 0648-AT16


Gulf of the Farallones National Marine Sanctuary Regulations; 
Monterey Bay National Marine Sanctuary Regulations; and Cordell Bank 
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: Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
issuing final revised management plans and revised regulations for the 
Gulf of the Farallones, Cordell Bank, and Monterey Bay national marine 
sanctuaries (GFNMS, CBNMS, and MBNMS respectively). This final rule 
updates the existing regulations for these three sanctuaries and 
establishes new regulatory prohibitions for them. New prohibitions 
contained in this final rule include restrictions on: the introduction 
of introduced species; discharges from cruise ships and other vessels; 
attracting or approaching white sharks in GFNMS; anchoring vessels in 
seagrass in Tomales Bay; deserting vessels; motorized personal 
watercraft use in the MBNMS (definition revision); and, possessing, 
moving, or injuring historic resources. This final rule also codifies 
three dredge disposal sites in the MBNMS that existed prior to the 
MBNMS designation in 1992 and expands the boundaries of the MBNMS to 
include the Davidson Seamount and surrounding area.

DATES: Effective Date: Pursuant to section 304(b) of the National 
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1434(b)), the revised 
designations and regulations shall take effect and become final after 
the close of a review period of forty-five days of continuous session 
of Congress beginning on November 20, 2008. Announcement of the 
effective date of the final regulations will be published in the 
Federal Register.

ADDRESSES: Copies of the final management plans and final environmental 
impact statement and the record of decision are available upon request 
to NOAA's Office of National Marine Sanctuaries, 1305 East-West 
Highway, N/NMS, Silver Spring, MD 20910. Copies are also available on 
the Web at https://www.sanctuaries.nos.noaa.gov.

FOR FURTHER INFORMATION CONTACT: John Armor, NOAA Office of National 
Marine Sanctuaries, 301-713-7234.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to section 304(e) of the National Marine Sanctuaries Act 
(16 U.S.C. 1434 et seq.) (NMSA), the National Marine Sanctuary Program 
(NMSP)\1\ conducted a review of the management plans for the GFNMS, 
CBNMS, and MBNMS. The review resulted in revised management plans for 
the sanctuaries, revisions to existing regulations (including new 
regulatory prohibitions), and changes to the terms of designation for 
each sanctuary. On October 6, 2006, NOAA issued notices of availability 
of the DMPs and DEIS, and published the associated proposed rules. 
(GFNMS, 71 FR 59338; CBNMS, 71 FR 59039; and MBNMS, 71 FR 59050). On 
March 27, 2008, NOAA published a supplemental proposed rule relating to 
discharges from vessels 300 gross registered tons or more in the three 
sanctuaries (73 FR 16224). This final rule publishes the response to 
comments on the proposed rule and the final regulations for the GFNMS, 
CBNMS, and MBNMS, and announces the availability of the final revised 
management plans.
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    \1\ The National Marine Sanctuary Program was recently elevated 
to an ``Office'' level within NOAA's National Ocean Service (NOS). 
Therefore, the official name of the operating unit within NOAA that 
implements the National Marine Sanctuaries Act is now the National 
Ocean Service Office of National Marine Sanctuaries. However, to 
minimize confusion that might be created by using different 
operating unit names between proposed rule and final rule, we have 
chosen to use National Marine Sanctuary Program and its associated 
acronym NMSP in this document.
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A. GFNMS Background

    NOAA established the GFNMS in 1981 to protect and preserve a unique 
and fragile ecological community, including the largest seabird colony 
in the contiguous United States and diverse and abundant marine 
mammals. The GFNMS lies off the coast of California, to the west and 
north of San Francisco. The GFNMS is composed of 1,279 square statute 
miles (966 square nautical miles) of offshore waters extending out to 
and around the Farallon Islands and nearshore waters (up to the mean 
high tide line) from Bodega Head to Rocky Point in Marin. The GFNMS is 
characterized by the widest continental shelf on the west coast of the 
contiguous United States. In the Gulf of the Farallones, the shelf 
reaches a width of 37 statute miles (32 nmi). Shoreward of the Farallon 
Islands, the continental shelf is a relatively flat sandy/muddy plain, 
which slopes gently to the west and north from the mainland shoreline. 
The Farallon Islands lie along the outer edge of the continental shelf, 
between 15 and 22 statute miles (13 and 19 nmi) southwest of Point 
Reyes and approximately 30 statute miles (26 nmi) due west of San 
Francisco. In addition to sandy beaches, rocky cliffs, small coves, and 
offshore stacks, the GFNMS includes open bays (Bodega Bay, Drakes Bay) 
and enclosed bays or estuaries (Bolinas Lagoon, Tomales Bay, Estero 
Americano, and Estero de San Antonio).

B. CBNMS Background

    NOAA established the CBNMS in 1989 to protect and preserve the 
extraordinary ecosystem, including marine birds, mammals, and other 
natural resources of Cordell Bank and its surrounding waters. The CBNMS 
protects an area of 529 square statute miles (399 square nautical 
miles) off the northern California coast. The main feature of the 
sanctuary is Cordell Bank, an offshore granite bank located on the edge 
of the continental shelf, about 43 nautical miles (nmi) northwest of 
the Golden Gate Bridge and 23 statute miles (20 nmi) west of the Point 
Reyes lighthouse. The CBNMS is entirely offshore and shares its 
southern and eastern boundary with the GFNMS. The CBNMS eastern 
boundary is six miles from shore and the western boundary is the 1000 
fathom isobath on the edge of the continental slope. The CBNMS is 
located in one of the world's four major coastal upwelling systems. The 
combination of oceanic conditions and undersea topography provides for 
a highly productive environment in a discrete, well-defined area. The 
vertical relief and hard substrate of the Bank provide benthic habitat 
with near-shore characteristics in an open ocean environment 23 statute 
miles (20 nmi) from shore.

C. MBNMS Background

    NOAA established the MBNMS in 1992 for the purposes of protecting 
and managing the conservation, ecological, recreational, research, 
educational, historical, and esthetic resources and qualities of the 
area. The MBNMS is located offshore of California's central coast, 
adjacent to and south of the GFNMS. It encompasses a shoreline length 
of approximately 276 statute miles (240 nmi) between Marin Rocky Pt. in 
Marin County and Cambria in San Luis Obispo County and, with the 
inclusion of the Davidson Seamount,

[[Page 70489]]

approximately 6,094 square statute miles (4,602 square nautical miles) 
of ocean and coastal waters, and the submerged lands thereunder, 
extending an average distance of 30 statute miles (26 nmi) from shore. 
Supporting some of the world's most diverse marine ecosystems, it is 
home to numerous mammals, seabirds, fishes, invertebrates, sea turtles 
and plants in a remarkably productive coastal environment.

II. Revisions to Sanctuary Terms of Designation

    Section 304(a)(4) of the NMSA (16 U.S.C. 1434(a)(4)) requires that, 
in designating national marine sanctuaries, NOAA specify the 
sanctuary's ``terms of designation.'' The NMSA requires that each 
sanctuary's terms of designation include:
    1. The geographic area proposed to be included within the 
sanctuary;
    2. The characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
esthetic value; and
    3. The types of activities that will be subject to regulation by 
the Secretary of Commerce to protect those characteristics.
    The NMSA further requires that terms of designation be modified 
only by following the same procedures for designating the sanctuary.
    Following the extensive public process for reviewing the management 
plans for the sanctuaries, NOAA determined that revisions to all three 
sanctuaries' terms of designation are necessary to ensure they continue 
to reflect current management priorities. The sections below describe 
the changes NOAA is making to each sanctuary's terms of designation and 
provide a printed version of each (as modified) in its entirety.

A. Revisions to the GFNMS Terms of Designation

    NOAA is revising the GFNMS terms of designation to:
     Clarify that submerged lands are part of the GFNMS;
     Revise the description of activities that may be regulated 
to include additional activities; and
     Make minor updates to ensure the text reflects the current 
text of the NMSA and to ensure its description of the area is current.
1. Submerged Lands
    NOAA is clarifying that the submerged lands of GFNMS are legally 
part of the sanctuary and included in the boundary description. At the 
time the sanctuary was designated in 1981, Title III of the Marine 
Protection, Research, and Sanctuaries Act (now also 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 modifying the GFNMS terms of designation 
and the boundary description to replace the term ``seabed'' with 
``submerged lands.'' Additionally, boundary coordinates in the revised 
terms of designation and in the sanctuary regulations are expressed by 
coordinates based on the North American Datum of 1983 (NAD 83).
2. List of Regulated Activities
    NOAA is also revising the GFNMS terms of designation to modify the 
list of activities that may be regulated. The revised terms of 
designation now also authorize regulation of: discharging or depositing 
from beyond the boundary of the sanctuary; activities regarding 
cultural or historical resources; taking or possessing any marine 
mammal, sea turtle, or bird within or above the Sanctuary except as 
authorized by the Marine Mammal Protection Act, Endangered Species Act, 
and the Migratory Bird Treaty Act; introducing or otherwise releasing 
from within or into the sanctuary an introduced species; attracting or 
approaching any animal; and operating a vessel (i.e., watercraft of any 
description) within the sanctuary, including but not limited to, 
anchoring or deserting a vessel. These revisions will enable NOAA to 
more effectively and efficiently address new and emerging resource 
management issues, and are necessary in order to ensure protection, 
preservation, and management of the conservation, recreational, 
ecological, historical, cultural, educational, archeological, 
scientific, and esthetic resources and qualities of the GFNMS. Finally, 
a technical correction is being made to Article V to delete the phrase 
``and in Article IV'' from the statement that ``fishing'' includes 
mariculture.\2\ The term ``fishing'' does not appear in Article IV.
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    \2\ Throughout this document, the term ``mariculture'' means the 
same as ``marine aquaculture.''
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3. Updates
    NOAA is also modifying the GFNMS terms of designation to provide: 
an updated and more complete description of characteristics that give 
the sanctuary particular value; greater clarity on the applicability of 
sanctuary emergency regulations (and consistency with the National 
Marine Sanctuary Program regulations of general applicability, 15 CFR 
Part 922, Subpart E); an updated explanation of the effect of Sanctuary 
authority on preexisting leases, permits, licenses, and rights; and 
various minor revisions to conform wording of the Designation Document, 
where appropriate, to wording used for more recently designated 
sanctuaries. In Article V (Relation to Other Regulatory Programs), the 
``Fishing and Waterfowl Hunting'' section is revised to clarify the 
original intent that, although the Sanctuary does not have authority to 
regulate fishing, fishing vessels may be regulated with respect to 
activities such as discharge/deposit and anchoring in accordance with 
Article IV. No changes are made to the ``Defense Activities'' section 
of the Designation Document.
    An additional change to the terms of designation updates Article VI 
regarding the process to modify the terms of designation. This change 
deletes the requirement that modifications must be approved by the 
President of the United States and replaces it with a requirement that 
changes be approved by the Secretary of Commerce or his or her 
designee. This change is consistent with amendments to the NMSA enacted 
after the sanctuary was designated in 1981.
    The revised terms of designation printed below replace the current 
terms of designation first printed in the Federal Register on January 
26, 1981 (46 FR 7936).

REVISED DESIGNATION DOCUMENT FOR GULF OF THE FARALLONES NATIONAL MARINE 
SANCTUARY

Preamble

    Under the authority of Title III of the Marine Protection, Research 
and Sanctuaries Act of 1972, Public Law 92-532 (the Act), the waters 
and submerged lands along the Coast of California north and south of 
Point Reyes Headlands, between Bodega Head and Rocky Point and 
surrounding the Farallon Islands, are hereby designated a National 
Marine Sanctuary for the purposes of preserving and protecting this 
unique and fragile ecological community.

Article I. Effect of Designation

    Within the area designated in 1981 as The Point Reyes/Farallon 
Islands

[[Page 70490]]

National Marine Sanctuary (the Sanctuary) described in Article II, the 
Act authorizes the promulgation of such regulations as are reasonable 
and necessary to protect the values of the Sanctuary. Section 1 of 
Article IV of this Designation Document lists activities of the types 
that are either to be regulated on the effective date of final 
rulemaking or may have to 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 the waters and the submerged 
lands thereunder adjacent to the coast of California of approximately 
966 square nautical miles (nmi), extending seaward to a distance of 6 
nmi from the mainland from Point Reyes to Bodega Bay and 12 nmi west 
from the Farallon Islands and Noonday Rock, and including the 
intervening waters and submerged lands. The precise boundaries are 
defined by regulation.

Article III. Characteristics of the Area That Give It Particular Value

    The Sanctuary includes a rich and diverse marine ecosystem and a 
wide variety of marine habitats, including habitat for over 36 species 
of marine mammals. Rookeries for over half of California's nesting 
marine bird populations and nesting areas for at least 12 of 16 known 
U.S. nesting marine bird species are found within the boundaries. 
Abundant populations of fish and shellfish are also found within the 
Sanctuary. The Sanctuary also has one of the largest seasonal 
concentrations of white sharks (Carcharodon carcharias) in the world.

Article IV. Scope of Regulation

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 
aesthetic resources and qualities of this area:
    a. Hydrocarbon operations;
    b. Discharging or depositing any substance within or from beyond 
the boundary of the Sanctuary;
    c. 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;
    d. Activities regarding cultural or historical resources;
    e. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species;
    f. Taking or possessing any marine mammal, marine reptile, or bird 
within or above the Sanctuary except as permitted by the Marine Mammal 
Protection Act, Endangered Species Act and Migratory Bird Treaty Act;
    g. Attracting or approaching any animal; and
    h. Operating a vessel (i.e., watercraft of any description) within 
the Sanctuary.
Section 2. Consistency With International Law
    The regulations governing the activities listed in section 1 of 
this Article will apply to foreign flag vessels and persons not 
citizens of the United States only to the extent consistent with 
recognized principles of international law, including treaties and 
international agreements to which the United States is signatory.
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.

Article V. Relation to Other Regulatory Programs

Section 1. Fishing and Waterfowl Hunting
    The regulation of fishing, including fishing for shellfish and 
invertebrates, and waterfowl hunting, is not authorized under Article 
IV. However, fishing vessels may be regulated with respect to vessel 
operations in accordance with Article IV, section 1, paragraphs (b) and 
(h), and mariculture activities involving alterations of or 
construction on the seabed, or release of introduced species by 
mariculture activities not covered by a valid lease from the State of 
California and in effect on the effective date of the final regulation, 
can be regulated in accordance with Article IV, section 1, paragraph 
(c) and (e). All regulatory programs pertaining to fishing, and to 
waterfowl hunting, including 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., will remain in effect, and all permits, licenses, 
and other authorizations issued pursuant thereto will be valid within 
the Sanctuary unless authorizing any activity prohibited by any 
regulation implementing Article IV.
    The term ``fishing'' as used in this Article includes mariculture.
Section 2. Defense Activities
    The regulation of activities listed in Article IV shall not 
prohibit any Department of Defense activity that is essential for 
national defense or because of emergency. Such activities shall be 
consistent with the regulations to the maximum extent practicable.
Section 3. Other Programs
    All applicable regulatory programs will remain in effect, and all 
permits, licenses, and other authorizations issued pursuant thereto 
will be valid within the Sanctuary unless prohibited by regulations 
implementing Article IV. The Sanctuary regulations will set forth any 
necessary certification procedures.

Article VI. Alterations to This Designation

    The terms of designation, as defined under section 304(a) of the 
Act, may be modified only by the same procedures by which the original 
designation is made, including public hearings, consultation with 
interested Federal, State, and local agencies, review by the 
appropriate Congressional committees and Governor of the State of 
California, and approval by the Secretary of Commerce or designee.

[END OF DESIGNATION DOCUMENT]

B. Revisions to the CBNMS Terms of Designation

    NOAA is revising the CBNMS terms of designation to:
     Clarify that submerged lands are a part of the CBNMS;
     Revise the description of activities that may be regulated 
to include additional activities;
     Make minor updates to ensure the text reflects the current 
text of the NMSA and to ensure its description of the area is current.
1. Submerged Lands
    NOAA is clarifying that the submerged lands of the CBNMS are 
legally part of the sanctuary and are included in the boundary 
description.

[[Page 70491]]

At the time the sanctuary was designated in 1989, Title III of the 
Marine Protection, Research, and Sanctuaries Act (now also known as the 
National Marine Sanctuaries Act) characterized national marine 
sanctuaries as consisting of coastal, marine 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, to 
be consistent with the NMSA, NOAA is updating the terms of designation 
and the boundary description, by adding ``submerged lands thereunder'' 
to the term ``marine waters.'' Additionally, boundary coordinates in 
the revised Designation Document and in the sanctuary regulations will 
be expressed by coordinates based on the North American Datum of 1983 
(NAD 83).
2. List of Regulated Activities
    NOAA is revising the CBNMS terms of designation to modify the list 
of activities that may be regulated. The revised terms of designation 
now also authorize regulation of: activities regarding cultural or 
historic resources; placing or abandoning any structure, material, or 
other matter on or in the submerged lands of the Sanctuary; taking or 
possessing any marine mammal, sea turtle, or bird; introducing or 
otherwise releasing an introduced species from within or into the 
Sanctuary; and drilling into, dredging, altering, or constructing on 
the submerged lands.
3. Updates
    NOAA is also modifying the CBNMS terms of designation to provide: 
an updated and more complete description of characteristics that give 
the Sanctuary particular value; an updated explanation of the effect of 
Sanctuary authority on preexisting leases, permits, licenses, and 
rights; and various minor revisions in order to conform wording of the 
Designation Document, where appropriate, to wording used for more 
recently designated sanctuaries.
    In Article V (Relation to Other Regulatory Programs), the 
``Fishing'' section is revised to clarify the original intent that, 
although the Sanctuary does not have authority to regulate fishing, 
fishing vessels may be regulated with respect to discharge/deposit and 
anchoring in accordance with Article IV. No changes are being made to 
the ``Defense Activities'' section of the Designation Document.

Revised Designation Document for the Cordell Bank National Marine 
Sanctuary

Preamble

    Under the authority of Title III of the Marine Protection, 
Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et 
seq. (the ``Act''), the Cordell Bank and its surrounding waters 
offshore northern California, as described in Article 2, are hereby 
designated as the Cordell Bank National Marine Sanctuary (the 
Sanctuary) for the purpose of protecting and conserving that special, 
discrete, highly productive marine area and ensuring the continued 
availability of the conservation, ecological, research, educational, 
aesthetic, historical, and recreational resources therein.

Article I. Effect of Designation

    The Sanctuary was designated on May 24, 1989 (54 FR 22417). Section 
308 of the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq. 
(NMSA), authorizes the issuance of such regulations as are necessary to 
implement the designation, including managing, protecting and 
conserving the conservation, recreational, ecological, historical, 
cultural, archeological, scientific, educational, and aesthetic 
resources and qualities of the Sanctuary. Section 1 of Article IV of 
this Designation Document lists activities of the types that are either 
to be regulated on the effective date of final rulemaking or may have 
to 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 a 399 square nautical mile area of marine 
waters and the submerged lands thereunder encompassed by a boundary 
extending approximately 250[deg] from the northernmost boundary of Gulf 
of the Farallones National Marine Sanctuary (GFNMS) to the 1,000 fathom 
isobath northwest of the Bank, then south along this isobath to the 
GFNMS boundary and back to the northeast along this boundary to the 
beginning point. The precise boundaries are set forth in the 
regulations.

Article III. Characteristics of the Area That Give It Particular Value

    Cordell Bank is characterized by a combination of oceanic 
conditions and undersea topography that provides for a highly 
productive environment in a discrete, well-defined area. In addition, 
the Bank and its surrounding waters may contain historical resources of 
national significance. The Bank consists of a series of steep-sided 
ridges and narrow pinnacles rising from the edge of the continental 
shelf. It lies on a plateau 300 to 400 feet (91 to 122 meters) deep and 
ascends to within about 115 feet (35 meters) of the surface at its 
shallowest point. The seasonal upwelling of nutrient-rich bottom waters 
and wide depth ranges in the vicinity, have led to a unique association 
of subtidal and oceanic species. The vigorous biological community 
flourishing at Cordell Bank includes an exceptional assortment of 
algae, invertebrates, fishes, marine mammals and seabirds.

Article IV. Scope of Regulation

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 
aesthetic resources and qualities of this area:
    a. Depositing or discharging any material or substance;
    b. Removing, taking, or injuring or attempting to remove, take, or 
injure benthic invertebrates or algae located on the Bank or on or 
within the line representing the 50 fathom isobath surrounding the 
Bank;
    c. Hydrocarbon (oil and gas) activities within the Sanctuary;
    d. Anchoring on the Bank or on or within the line representing the 
50 fathom isobath surrounding the Bank;
    e. Activities regarding cultural or historical resources;
    f. 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;
    g. Taking or possessing any marine mammal, marine reptile, or bird 
except as permitted under the Marine Mammal Protection Act, Endangered 
Species Act or Migratory Bird Treaty Act; and
    h. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species.

[[Page 70492]]

Section 2. Consistency With International Law
    The regulations governing activities listed in Section 1 of this 
Article shall apply to foreign flag vessels and foreign persons only to 
the extent consistent with generally recognized principles of 
international law, and in accordance with treaties, conventions, and 
other agreements to which the United States is a party.
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, within the 
limits of the Act on an emergency basis for a period not to exceed 120 
days.

Article V. Relation to Other Regulatory Programs

Section 1. Fishing
    The regulation of fishing is not authorized under Article IV. All 
regulatory programs pertaining to fishing, including Fishery Management 
Plans promulgated under the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1801 et seq. (``Magnuson-Stevens Act''), 
shall remain in effect. All permits, licenses, approvals, and other 
authorizations issued pursuant to the Magnuson-Stevens Act shall be 
valid within the Sanctuary. However, all fishing vessels are subject to 
regulation under Article IV with respect to discharges and anchoring.
Section 2. Defense Activities
    The regulation of activities listed in Article IV shall not 
prohibit any Department of Defense (DOD) activities that are necessary 
for national defense. All such activities being carried out by DOD 
within the Sanctuary on the effective date of designation shall be 
exempt from any prohibitions contained in the Sanctuary regulations. 
Additional DOD activities initiated after the effective date of 
designation that are necessary for national defense will be exempted 
after consultation between the Department of Commerce and DOD. DOD 
activities not necessary for national defense, such as routine 
exercises and vessel operations, shall be subject to all prohibitions 
contained in the Sanctuary regulations.
Section 3. Other Programs
    All applicable regulatory programs shall remain in effect, and all 
permits, licenses, approvals, and other authorizations issued pursuant 
to those programs shall be valid unless prohibited by regulations 
implementing Article IV.

Article VI. Alterations to This Designation

    The terms of designation, as defined under section 304(a) of the 
Act, may be modified only by the same procedures by which the original 
designation is made, including public hearings, consultation with 
interested Federal, State, and local agencies, review by the 
appropriate Congressional committees and Governor of the State of 
California, and approval by the Secretary of Commerce or designee.

[END OF DESIGNATION DOCUMENT]

C. Revisions to the MBNMS Terms of Designation

    NOAA is revising the MBNMS terms of designation to:
     Add Davidson Seamount Management Zone;
     Revise the description of activities that may be regulated 
to include additional activities; and
     Make minor updates to ensure the text reflects the current 
text of the NMSA and to ensure its description of the area is current.
1. Add Davidson Seamount Management Zone
    NOAA is amending the MBNMS boundary description to include the 
Davidson Seamount Management Zone, a 775 square statute mile (585 
square nautical mile) area defined by the geodetic lines connecting the 
coordinates provided in Appendix F to this subpart. The Davidson 
Seamount is located approximately 80 statute miles (70 nmi) to the 
southwest of Monterey, due west of San Simeon, and is home to a diverse 
assemblage of deep water organisms. This highly diverse community 
includes many endemic species and fragile, long-lived cold-water corals 
and sponges. NOAA also updates Article III, Characteristics of the Area 
that Give it Particular Value to include a discussion of the Davidson 
Seamount Management Zone.
2. List of Regulated Activities
    NOAA is revising the MBNMS terms of designation to modify the list 
of activities that may be regulated. A priority issue identified during 
the management plan review was addressing the threat posed by 
introduced species. One of the recommended strategies for addressing 
this issue was to develop regulations prohibiting such releases. In 
addition, NOAA modifies the terms of designation to authorize 
regulation of the possession of a Sanctuary historical resource 
wherever the resource is found. The existing designation document 
currently lists as subject to regulation ``possessing within the 
Sanctuary a Sanctuary resource * * * ''. NOAA is making clear that a 
prohibition against possession of Sanctuary historical resources would 
apply outside the Sanctuary boundaries (e.g., at a harbor).
    With these changes, the revised terms of designation now authorize 
regulation of: Activities regarding cultural or historic resources; 
placing or abandoning any structure, material, or other matter on or in 
the submerged lands of the Sanctuary; taking or possessing any marine 
mammal, sea turtle, or bird; introducing or otherwise releasing an 
introduced species from within or into the Sanctuary; and drilling 
into, dredging, altering, or constructing on the submerged lands.
3. Updates
    NOAA is also modifying the MBNMS terms of designation to make minor 
punctuation improvements and to delete Appendices I and II of the MBNMS 
Designation Document and refer to the site regulations for sanctuary 
seaward boundaries and the location of four sites designated for 
disposal of dredged material. NOAA is also deleting outdated language 
related to study areas for dredged material disposal sites outside the 
MBNMS boundaries.

REVISED TERMS OF DESIGNATION DOCUMENT FOR THE MONTEREY BAY NATIONAL 
MARINE SANCTUARY

Preamble

    Under the authority of Title III of the Marine Protection, 
Research, and Sanctuaries Act of 1972, as amended (the ``Act''), 16 
U.S.C. 1431 et seq., Monterey Bay and the Davidson Seamount, and their 
surrounding waters offshore of central California, and the submerged 
lands under Monterey Bay and its surrounding waters, as described in 
Article II, and the Davidson Seamount Management Zone, as described in 
Article II, are hereby designated as the Monterey Bay National Marine 
Sanctuary (the Sanctuary) for the purposes of protecting and managing 
the conservation, ecological, recreational, research, educational, 
historical, and

[[Page 70493]]

esthetic resources and qualities of the area.

Article I. Effect of Designation

    The Act authorizes the issuance of such regulations as are 
necessary and reasonable to implement the designation, including 
managing and protecting the conservation, recreational, ecological, 
historical, research, educational, and esthetic resources and qualities 
of the 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 have to 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 two separate areas. (a) The first area 
consists of an area of approximately 4017 square nautical miles (nmi) 
of coastal and ocean waters, and submerged lands thereunder, in and 
surrounding Monterey Bay off the central coast of California. The 
northern terminus of the Sanctuary boundary is located along the 
southern boundary of the Gulf of the Farallones National Marine 
Sanctuary (GFNMS) beginning at Rocky Point just south of Stinson Beach 
in Marin County. The Sanctuary boundary follows the GFNMS boundary 
westward to a point approximately 29 nmi offshore from Moss Beach in 
San Mateo County. The Sanctuary boundary then extends southward in a 
series of arcs, which generally follow the 500 fathom isobath, to a 
point approximately 27 nmi offshore of Cambria, in San Luis Obispo 
County. The Sanctuary boundary then extends eastward towards shore 
until it intersects the Mean High Water Line (MHWL) along the coast 
near Cambria. The Sanctuary boundary then follows the MHWL northward to 
the northern terminus at Rocky Point. The shoreward Sanctuary boundary 
excludes a small area between Point Bonita and Point San Pedro. Pillar 
Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing 
Harbor are all excluded from the Sanctuary shoreward from the points 
listed in Appendix A of the site regulations except for Moss Landing 
Harbor, where all of Elkhorn Slough east of the Highway One bridge, and 
west of the tide gate at Elkhorn Road and toward the center channel 
from the MHWL is included within the Sanctuary, excluding areas within 
the Elkhorn Slough National Estuarine Research Reserve. Exact 
coordinates for the seaward boundary and harbor exclusions are provided 
in Appendix A of the site regulations.
    (b) The Davidson Seamount Management Zone (DSMZ) is also part of 
the Sanctuary. This area, bounded by geodetic lines connecting a 
rectangle centered on the top of the Davidson Seamount, consists of 
approximately 585 square nmi of ocean waters and the submerged lands 
thereunder. The shoreward boundary of this portion of the Sanctuary is 
located approximately 65 nmi off the coast of San Simeon in San Luis 
Obispo County. Exact coordinates for the DSMZ boundary are provided in 
Appendix F of the site regulations.

Article III. Characteristics of the Area That Give It Particular Value

    The Monterey Bay area is characterized by a combination of oceanic 
conditions and undersea topography that provides for a highly 
productive ecosystem and a wide variety of marine habitat. The area is 
characterized by a narrow continental shelf fringed by a variety of 
coastal types. The Monterey Submarine Canyon is unique in its size, 
configuration, and proximity to shore. This canyon system provides 
habitat for pelagic communities and, along with other distinct 
bathymetric features, may modify currents and act to enrich local 
waters through strong seasonal upwelling. Monterey Bay itself is a rare 
geological feature, as it is one of the few large embayments along the 
Pacific coast.
    The Monterey Bay area has a highly diverse floral and faunal 
component. Algal diversity is extremely high and the concentrations of 
pinnipeds, whales, otters and some seabird species are outstanding. The 
fish populations, particularly in Monterey Bay, are generally abundant 
and the variety of crustaceans and other invertebrates is high.
    In addition there are many direct and indirect human uses of the 
area. The most important economic activity directly dependent on the 
resources is commercial fishing, which has played an important role in 
the history of Monterey Bay and continues to be of great economic 
value.
    The diverse resources of the Monterey Bay area are enjoyed by the 
residents of this area as well as numerous visitors. The population of 
Monterey and Santa Cruz counties is rapidly expanding and is based in 
large part on the attractiveness of the area's natural beauty. The high 
water quality and the resulting variety of biota and their proximity to 
shore is one of the prime reasons for the international renown of the 
area as a prime tourist location. The quality and abundance of the 
natural resources have attracted human beings from the earliest 
prehistoric times to the present and as a result the area contains 
significant historical, e.g., archaeological and paleontological, 
resources, such as Costanoan Indian midden deposits, aboriginal 
remains, and sunken ships and aircraft.
    The biological and physical characteristics of the Monterey Bay 
area combine to provide outstanding opportunities for scientific 
research on many aspects of marine ecosystems. The diverse habitats are 
readily accessible to researchers. These research institutions are 
exceptional resources with a long history of research and large 
databases possessing a considerable amount of baseline information on 
the Bay and its resources, providing interpretive exhibits of the 
marine environment, docent programs serving the public and marine 
related programs for school groups and teachers.
    The Davidson Seamount located offshore of California, 70 nmi 
southwest of Monterey, due west of San Simeon, and is one of the 
largest known seamounts in U.S. waters. Davidson Seamount is twenty-six 
statute miles long and eight statute miles wide. From base to crest, 
Davidson Seamount is 7,480 feet (2,280 meters) tall; yet still 4,101 
feet (1,250 meters) below the sea surface. Davidson Seamount has an 
atypical seamount shape, having northeast-trending ridges created by a 
type of volcanism only recently described. It last erupted about 12 
million years ago. This large geographic feature was the first 
underwater formation to be characterized as a ``seamount'' and was 
named after the Coast and Geodetic Survey (forerunner to the National 
Ocean Service) scientist George Davidson. Davidson Seamount's 
geographical importance is due to its location in the California 
Current, which likely provides a larger flux of carbon (food) to the 
sessile organisms on the seamount surface relative to a majority of 
other seamounts in the Pacific and may have unique links to the nearby 
Partington and Monterey submarine canyons.
    The surface water habitat of the Davidson Seamount hosts a variety 
of seabirds, marine mammals, and pelagic fishes, e.g., albatrosses, 
shearwaters, sperm whales, killer whales, albacore

[[Page 70494]]

tuna, and ocean sunfish. Organisms in the midwater habitat have a 
patchy distribution, e.g., jellies and swimming worms, with marine 
snow, organic matter that continually ``rains'' down from the sea 
surface, providing an important food source for deep-sea animals. The 
seamount crest habitat is the most diverse of habitats in the Davidson 
Seamount area, including large gorgonian coral (e.g., Paragorgia sp.) 
forests, vast sponge fields (many undescribed species), crabs, deep-sea 
fishes, shrimp, and basket stars. The seamount slope habitat is 
composed of cobble and rocky areas interspersed with areas of ash and 
sediment, and hosts a diverse assemblage of sessile invertebrates and 
rare deep-sea fishes. The seamount base habitat is the interface 
between rocky outcrops and the flat, deep soft bottom habitat.
    Davidson Seamount is home to previously undiscovered species and 
species assemblages, such as large patches of corals and sponges, where 
there is an opportunity to discover unique associations between species 
and other ecological processes. The high biological diversity of these 
assemblages has not been found on other California seamounts. Davidson 
Seamount's importance for conservation revolves around the endemism of 
seamount species, potential future harvest damage to coral and sponge 
assemblages, and the low resilience of these species. Abundant and 
large, fragile species (e.g., corals greater than eight feet tall, and 
at least 200 years old, as well as vast fields of sponges) and a 
physically undisturbed seafloor appear relatively pristine.
    The final environmental impact statements (1992 and 2008) provide 
more detail on the characteristics of the Monterey Bay and Davidson 
Seamount area that give it particular value.

Article IV. Scope of Regulations

Section 1. Activities Subject to Regulation
    The following activities are subject to regulation, including 
prohibition, to the extent necessary and reasonable to ensure the 
protection and management of the conservation, ecological, 
recreational, research, educational, historical, and esthetic resources 
and qualities of the Sanctuary:
    a. Exploring for, developing, or producing oil, gas, or minerals 
(e.g., clay, stone, sand, metalliferous ores, gravel, non-metalliferous 
ores, or any other solid material or other matter of commercial value) 
within the Sanctuary;
    b. Discharging or depositing, from within the boundary of the 
Sanctuary, any material or other matter, except dredged material 
deposited at disposal sites authorized prior to the effective date of 
Sanctuary designation, as described in Appendix C to the regulations, 
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;
    c. Discharging or depositing, from beyond the boundary of the 
Sanctuary, any material or other matter, except dredged material 
deposited at the authorized disposal sites described in Appendix D to 
the site regulations, provided that the activity is pursuant to, and 
complies with the terms and conditions of, a valid Federal permit or 
approval;
    d. Taking, removing, moving, catching, collecting, harvesting, 
feeding, injuring, destroying, or causing the loss of, or attempting to 
take, remove, move, catch, collect, harvest, feed, injure, destroy, or 
cause the loss of, a marine mammal, sea turtle, seabird, historical 
resource, or other Sanctuary resource;
    e. 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;
    f. Possessing within the Sanctuary a Sanctuary resource or any 
other resource, regardless of where taken, removed, moved, caught, 
collected, or harvested, that, if it had been found within the 
Sanctuary, would be a Sanctuary resource;
    g. Possessing any Sanctuary historical resource;
    h. Flying a motorized aircraft above the Sanctuary;
    i. Operating a vessel (i.e., water craft of any description) within 
the Sanctuary;
    j. Aquaculture or kelp harvesting within the Sanctuary;
    k. 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; and
    l. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species.
Section 2. Emergencies
    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.

Article V. Effect on Leases, Permits, Licenses, and Rights

    Pursuant to section 304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), 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.
    In no event may the Secretary or designee issue a permit 
authorizing, or otherwise approve: (1) The exploration for, development 
of or production of oil, gas, or minerals within the Sanctuary except 
for limited, small-scale jade collection in the Jade Cove area of the 
Sanctuary [defined as the area bounded by the 35.92222 N latitude 
parallel (coastal reference point: beach access stairway at South Sand 
Dollar Beach), the 35.88889 N latitude parallel (coastal reference 
point: westernmost tip of Cape San Martin), and the mean high tide line 
seaward to the 90 foot isobath (depth line)]; (2) the discharge of 
primary-treated sewage (except for regulation, pursuant to section 
304(c)(1) of the Act, of the exercise of valid authorizations in 
existence on the effective date of Sanctuary designation and issued by 
other authorities of competent jurisdiction); or (3) the disposal of 
dredged material within the Sanctuary other than at sites authorized by 
the U.S. Environmental Protection Agency (in consultation with the U.S. 
Army Corps of Engineers) prior to the effective date of 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.

Article VI. Alterations to This Designation

    The terms of designation, as defined under section 304(a) of the 
Act, may be modified only by the same procedures by which the original 
designation is made, including public hearings, consultation with 
interested Federal, State, and local agencies, review by the

[[Page 70495]]

appropriate Congressional committees and Governor of the State of 
California, and approval by the Secretary of Commerce or designee.

[END OF DESIGNATION DOCUMENT]

III. Summary of Regulatory Amendments

    This section describes the changes NOAA is making to the 
regulations for the CBNMS, GFNMS, and the MBNMS (hereinafter the 
``Sanctuaries'') to implement the management plan reviews for the three 
sanctuaries. Because the rationale behind the amendments to each 
sanctuary's regulations is similar or the same, the discussion of the 
changes has been grouped by subject area, except where explicitly noted 
otherwise. References in this section to ``former regulations'' are to 
the state of the regulations as they existed before this final rule 
becomes effective.

A. Update and Clarify the Regulations on Discharges

    NOAA is modifying the regulatory prohibition on discharging or 
depositing material or other matter (hereafter ``discharge 
regulations'') into the Sanctuaries. The following regulatory changes 
are made to all three sanctuaries unless otherwise specified.
    1. This rule clarifies the prohibition on discharging or depositing 
any material or other matter to make it clear that the regulation 
applies to discharges and deposits ``from within or into'' the 
Sanctuaries. Adding the word ``into'' is intended to clarify that the 
prohibition applies not only to discharges and deposits originating in 
the Sanctuaries (e.g., from vessels in the Sanctuaries), but also, for 
example, from discharges and deposits above the Sanctuaries.
    2. This rule clarifies that the exception to the discharge/deposit 
prohibition for fish, fish parts, or chumming materials (bait) applies 
only to discharges or deposits made during the conduct of lawful 
fishing activities within the Sanctuaries.
    3. This rule clarifies that the exception to the discharge 
prohibition for biodegradable effluent discharges/deposits 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. 
Although the exception for vessel wastes ``generated by marine 
sanitation devices'' was intended to prohibit the discharge of 
untreated sewage into the Sanctuaries, it was unclear if it allowed 
discharges from Type III marine sanitation devices. Therefore, NOAA 
modifies its regulations to clarify that such discharges are only 
allowed if generated by properly functioning Type I or II marine 
sanitation devices. Type I and Type II marine sanitation devices treat 
wastes, but Type III marine sanitation devices store waste until it is 
removed at designated pump-out stations on shore or discharged at sea. 
Finally, the revised regulations also require vessel operators to lock 
all marine sanitation devices in a manner that prevents the discharge 
of untreated sewage. This requirement would aid in enforcement and 
compliance with Sanctuary regulations.
    Note that in the response to comments ``biodegradable'' has been 
replaced with ``clean.'' See Section IV.
    4. This rule eliminates the exception for discharging or depositing 
food waste resulting from meals onboard vessels into CBNMS and GFNMS. 
Coast Guard regulations prohibit all discharges of food wastes 
(garbage) within three nmi of land and require that they be ground to 
less than one inch when discharged between three and twelve nmi of 
land. This rule modifies the regulations for CBNMS and GFNMS to mirror 
the Coast Guard regulations, and to be consistent with the MBNMS 
regulations. This amendment provides increased protection to sanctuary 
resources and qualities from such marine debris vis-[agrave]-vis the 
Coast Guard regulations in the area of the two sanctuaries beyond three 
nmi.
    5. This rule prohibits discharges/deposits originating beyond the 
boundary of the GFNMS 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 will help protect sanctuary resources and qualities from 
harmful influences originating outside the boundaries of the GFNMS. The 
coastal waters of the sanctuary, particularly the estuarine habitats of 
Bolinas Lagoon, Tomales Bay, Estero Americano and Estero de San 
Antonio, are vulnerable to land-based nonpoint source pollution from 
outside the sanctuary. Sources of concern include runoff, agriculture, 
marinas and boating activities, past mining, and aging and undersized 
septic systems. Water quality in offshore areas of the sanctuary could 
be threatened or impacted by large or continuous discharges from shore, 
spills by vessels, illegal dumping activities or residual contaminants 
from past dumping activities. The threat of an offshore oil spill is a 
constant reality near the busy shipping lanes in and adjacent to the 
sanctuary. CBNMS and MBNMS regulations already prohibit this activity. 
This modification makes the discharge/deposit regulations for the three 
sanctuaries consistent.
    6. This rule eliminates in the GFNMS regulations the exceptions at 
Sec.  922.84 for the disposal of dredged material at the interim 
dumpsite and the discharge of municipal sewage because they are no 
longer necessary. The exception for the disposal of dredged material at 
the ``interim dumpsite'' is no longer necessary because this site is no 
longer being used as a permanent dumpsite. The interim dumpsite, 
located approximately 10 nmi south of Southeast Farallon Island, is no 
longer in use. The permanent dumpsite outside the sanctuary has been in 
use for more than fifteen years, making this exception unnecessary. 
Similarly, since the designation of the sanctuary in 1981, there have 
been no applications to discharge municipal sewage into the sanctuary. 
Thus, this exception is also unnecessary. By removing these two 
exceptions, the discharge/deposit regulation has been streamlined, 
focusing on current and necessary exceptions to the prohibition.
    7. In addition, this rule clarifies that current exceptions to the 
prohibition on discharges/deposits from vessels for graywater and deck 
wash down must be clean, meaning not containing detectable levels of 
harmful matter as defined. It clarifies that discharges/deposits from 
clean vessel deck wash down, clean vessel generator cooling water, 
clean vessel engine cooling water, clean bilge water, and anchor wash 
are excepted from the discharge/deposit prohibition. The discharge/
deposit of oily wastes from bilge pumping has been and continues to be 
prohibited. However, this rule modifies

[[Page 70496]]

this prohibition by requiring that all bilge discharges/deposits be 
clean, meaning not containing detectable levels of harmful matter as 
defined. For purposes of determining detectable levels of oil in bilge 
discharges/deposits, a detectable level of oil is interpreted here to 
include anything that produces a visible sheen. This rule provides 
clarification regarding permitted contents of bilge water discharges/
deposits.
    The discharge/deposit of ballast water is already prohibited.

B. Prohibit Certain Discharges From Cruise Ships and Large Vessels

    This rule amends the discharge regulations for the Sanctuaries to 
narrow the types of vessels that may discharge certain types of 
material or other matter.
    This rule prohibits vessels 300 GRT or greater with sufficient 
holding tank capacity from discharging or depositing graywater, and 
effluent from any type of marine sanitation device. In the GFNMS and 
CBNMS the discharge/deposit of graywater is already prohibited and that 
remains unchanged. The former regulations did not make a distinction 
between sizes of vessels for discharge purposes. The regulations 
prohibiting discharge/deposit of treated sewage from vessels 300 GRT or 
more are consistent with existing state law applicable to state waters. 
The regulations now extend the prohibition to all waters of the 
national marine sanctuaries including federal waters. The regulation 
does not restrict vessels without capacity to hold the waste while in a 
national marine sanctuary.
    The revised regulation better addresses NOAA's concerns about the 
potential impacts of discharges/deposits from large vessels in the 
Sanctuaries. Blackwater from vessels includes raw or treated sewage. 
Such discharges are more concentrated than domestic land-based sewage 
and may introduce disease-causing microorganisms (pathogens), such as 
bacteria, protozoans, and viruses, into the marine environment (EPA 
2007). They may also contain high concentrations of nutrients that can 
lead to eutrophication (the process that can cause oxygen-depleted 
``dead zones'' in aquatic environments), and may yield unpleasant 
esthetic impacts to the Sanctuary (diminishing Sanctuary resources and 
its ecological, conservation, esthetic, recreational and other 
qualities).
    Graywater from vessels includes wastewater from showers, baths, and 
galleys. Graywater can contain a variety of substances including (but 
not limited to) detergents, oil and grease, pesticides and food wastes 
(Eley 2000). Very little research has been done on the impacts of 
graywater on the marine environment, but many of the chemicals commonly 
found in graywater are known to be toxic (Casanova et al. 2001). These 
chemicals have been implicated in the occurrence of cancerous growths 
in bottom-dwelling fish (Mix 1986). Furthermore, studies of graywater 
discharges from large cruise ships in Alaska (prior to strict state 
effluent standards for cruise ship graywater discharges) found very 
high levels of fecal coliform in large cruise ship graywater (well 
exceeding the federal standards for fecal coliform from Type II MSDs). 
These same studies also found high mean total suspended solids in some 
graywater sources (exceeding the federal standards for total suspended 
solids from Type II MSDs).
    2. This rule revises the discharge/deposit regulations to implement 
additional restrictions on cruise ships. Under the revised discharge/
deposit regulations, cruise ships are allowed to discharge or deposit 
only clean vessel engine cooling water, clean vessel generator cooling 
water, clean bilge water, and anchor wash into the Sanctuaries. Other 
discharges or deposits are no longer allowed in the Sanctuaries. Cruise 
ship discharges and deposits are more stringently regulated than other 
vessels to reduce the adverse effects on the marine environment from 
this growing source of pollutants.
    The strict prohibition on cruise ships protects sanctuary water 
quality from the potentially large volume of wastewater that may be 
discharged by these vessels, while allowing them to continue to transit 
the Sanctuaries. ``Cruise ship'' is defined to mean: a vessel with 250 
or more passenger berths for hire. Currently 643,000 cruise ship 
passengers embark annually from California ports in San Francisco Bay, 
Los Angeles, and San Diego. Ninety cruise ship arrivals and departures 
(Metropolitan Stevedore Company) were estimated at the San Francisco 
Passenger Terminal in 2006. Many of these cruise ships enter and exit 
the Bay through the northbound vessel traffic lanes, which transit 
through the Sanctuaries. Although partly constrained by the lack of 
local docking facilities, cruise ship visits are likely to increase as 
the fleet shifts from international to more domestic cruises, and as 
they begin to use a new cruise ship docking facility planned for San 
Francisco Bay.
    Due to their sheer size and passenger capacity, cruise ships are 
able to generate larger volumes of a wide array of pollutants, which 
can cause serious impacts to the marine environment. The main 
pollutants generated by a cruise ship are: sewage, also referred to as 
blackwater; graywater; oily bilge water; hazardous wastes, and solid 
wastes. The large volumes of discharged effluent associated with cruise 
ships may not adequately disperse to avoid harm to marine resources. 
Based on EPA estimates, in one week a 3000-passenger cruise ship 
generates about 210,000 gallons of sewage, 1,000,000 gallons of 
graywater, 37,000 gallons of oily bilge water, more than 8 tons of 
solid waste, millions of gallons of ballast water containing potential 
invasive species, and toxic wastes from dry cleaning and photo-
processing laboratories. Additionally, the volume of material from a 
cruise ship resulting from deck washdown greatly exceeds the volumes 
associated with other vessels used in the Sanctuaries. Although several 
laws and regulations partly address these issues, this regulation is 
needed to ensure a more comprehensive prohibition on cruise ship 
discharges/deposits within the Sanctuaries.

C. Clarify and Update the Regulation on Disturbing Sanctuary Areas

    To ensure consistency among the regulations for the Sanctuaries, 
this rule implements a prohibition on drilling into, dredging, or 
otherwise altering the submerged lands, or constructing, placing or 
abandoning any structure, material, or other matter on or in the 
submerged lands of the Sanc