Proposed Expansion and Regulatory Revision of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, 20981-21003 [2014-08061]
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Vol. 79
Monday,
No. 71
April 14, 2014
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
15 CFR Part 922
Proposed Expansion and Regulatory Revision of Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries; Proposed Rule
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
National Oceanic and Atmospheric
Administration
Location: Gualala Community Center.
Address: 47950 Center St., Gualala,
CA 95445.
Time: 6 p.m.
15 CFR Part 922
(4) Bodega Bay, CA
DEPARTMENT OF COMMERCE
[Docket No. 130405335–4240–01]
RIN 0648–BD18
Proposed Expansion and Regulatory
Revision of Gulf of the Farallones and
Cordell Bank National Marine
Sanctuaries
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Proposed rule.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA) is
proposing to expand the boundaries of
Gulf of the Farallones National Marine
Sanctuary (GFNMS) and Cordell Bank
National Marine Sanctuary (CBNMS) to
an area north and west of their current
boundaries, as well as to amend existing
sanctuary regulations and add new
regulations. NOAA is also proposing to
revise the corresponding sanctuary
terms of designation and management
plans. The purpose of this action is to
extend national marine sanctuary
protections to an area that has
nationally significant marine resources
and habitats and is the source of
nutrient-rich upwelled waters for the
existing sanctuaries. A draft
environmental impact statement and
draft revised management plans have
been prepared for this proposed action.
NOAA is soliciting public comment on
the proposed rule, draft environmental
impact statement, and draft revised
management plans.
DATES: Comments on this proposed rule
will be considered if received by June
30, 2014. Public hearings will be held as
detailed below:
SUMMARY:
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(1) Sausalito, CA
Date: May 22, 2014.
Location: U.S. Army Corps of
Engineers Bay Model Visitor Center.
Address: 2100 Bridgeway Blvd.,
Sausalito, CA 94965.
Time: 6 p.m.
SUPPLEMENTARY INFORMATION:
I. Introduction
(2) Point Arena, CA
Date: June 16, 2014.
Location: Point Arena City Hall.
Address: 451 School St., Point Arena,
CA 95468.
Time: 6 p.m.
(3) Gualala, CA
Date: June 17, 2014.
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Date: June 18, 2014.
Location: Grange Hall.
Address: 1370 Bodega Ave., Bodega
Bay, CA 94923.
Time: 6 p.m.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NOS–2012–0228, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NOS-20120228, click the ‘‘Comment Now!’’ icon,
complete the required fields and enter
or attach your comments.
• Mail: Submit written comments to
Maria Brown, Sanctuary
Superintendent, Gulf of the Farallones
National Marine Sanctuary, 991 Marine
Drive, The Presidio, San Francisco, CA
94129.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NOAA. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. ONMS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Maria Brown at Maria.Brown@noaa.gov
or 415–561–6622; or Dan Howard at
Dan.Howard@noaa.gov or 415–663–
0314.
A. Gulf of the Farallones and Cordell
Bank National Marine Sanctuaries
Gulf of the Farallones National Marine
Sanctuary
GFNMS was designated in 1981, and
was established 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
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mammals. GFNMS is located along and
offshore California’s north-central coast,
west of northern San Mateo, San
Francisco, Marin and southern Sonoma
Counties. GFNMS is composed of
approximately 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
water line) from Bodega Head to Rocky
Point in Marin. 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 miles (26
nmi) due west of San Francisco. In
addition to sandy beaches, rocky cliffs,
small coves, and offshore stacks,
GFNMS includes open bays (Bodega
Bay, Drakes Bay) and enclosed bays or
estuaries (Bolinas Lagoon, Tomales Bay,
Estero Americano, and Estero de San
Antonio). GFNMS is located inshore of
the California current, and its waters are
characterized by wind-driven
upwelling, localized eddies, countercurrent gyres, high nutrient supply, and
high levels of phytoplankton.
Cordell Bank National Marine Sanctuary
CBNMS was designated in 1989, and
was established to protect and preserve
the extraordinary ecosystem, including
invertebrates, marine birds, mammals,
and other natural resources, of Cordell
Bank and its surrounding waters.
CBNMS is located offshore of
California’s north-central coast, off of
Marin County. CBNMS protects an area
of 529 square statute miles (399 square
nautical miles). The main feature of the
sanctuary is Cordell Bank, an offshore
granite bank located on the edge of the
continental shelf, about 49 miles (43
nmi) northwest of the Golden Gate
Bridge and 23 miles (20 nmi) west of the
Point Reyes lighthouse. CBNMS is
entirely offshore and shares its southern
and eastern boundary with GFNMS.
Similar to GFNMS, CBNMS is located in
a major coastal upwelling system. The
combination of oceanic conditions and
undersea topography provides for a
highly productive environment in a
discrete offshore area. Prevailing
currents push nutrients from upwelling
southward along the coast, moving
nutrients and other prey over the upper
levels of the Bank. The vertical relief
and hard substrate of the Bank provide
benthic habitat with near-shore
characteristics in an open ocean
environment 23 miles (20 nmi) from
shore. The combination of sedentary
plants and animals typical of nearshore
waters in close proximity to open ocean
species like blue whales and albatross
creates a rare mix of species and a
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unique biological community at
CBNMS.
The National Marine Sanctuaries Act
(NMSA) (16 U.S.C. 1431 et seq.) gives
NOAA the authority to expand national
marine sanctuaries to meet the purposes
and policies of the NMSA, including:
• ‘‘. . . to provide authority for
comprehensive and coordinated
conservation and management of these
marine areas [national marine
sanctuaries], and activities affecting
them, in a manner which complements
existing regulatory authorities (16 U.S.C.
1431(b)(2)); [and]
• to maintain the natural biological
communities in the national marine
sanctuaries, and to protect, and, where
appropriate, restore and enhance natural
habitats, populations and ecological
processes . . .’’ (16 U.S.C. 1431(b)(3)).
The NMSA also requires NOAA to
periodically review and evaluate
progress in implementing the
management plan and goals for each
national marine sanctuary. The
management plans and regulations must
be revised as necessary to fulfill the
purposes and policies of the NMSA (16
U.S.C. 1434(e)) to ensure that each
sanctuary continues to best conserve,
protect, and enhance their nationally
significant living and cultural resources.
In addition to expanding the
boundaries of GFNMS and CBNMS, the
proposed action would revise the
sanctuaries’ management plans.
Application of the NMSA to the
expanded sanctuary boundaries through
the proposed action would provide
comprehensive and coordinated
management for the Point Arena
upwelling area and south to the existing
national marine sanctuaries. Some of
the GFNMS and CBNMS regulations
would be extended to the expansion
area without changes, some regulations
would be altered, and some new
regulations would be added in order to
best suit the resource protection needs
of the expanded sanctuaries. The
regulatory changes are described in
detail below in the ‘‘Summary of the
Regulatory Amendments’’ section. The
boundary expansion, regulatory
changes, and new management plans
would result in additional safeguards
for the resources of the area while
facilitating uses compatible with
resource protection.
The environmental effects of the
proposed expansion of sanctuary
boundaries and revisions to sanctuary
regulations and management plans are
analyzed in the DEIS. The public is
invited to comment on the DEIS and
draft management plans, which are
available at www.regulations.gov/
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#!docketDetail;D=NOAA-NOS-20120228 or http://farallones.noaa.gov/
manage/expansion_cbgf.html or may be
obtained by contacting the individual
listed under the heading FOR FURTHER
INFORMATION CONTACT.
B. Need for Action
The proposed action would expand
the boundaries of GFNMS and CBNMS
north and west of the sanctuaries’
current boundaries and would include
waters and submerged lands off of
Marin, Sonoma and Mendocino
Counties. This expansion would add to
the National Marine Sanctuary System a
globally significant coastal upwelling
center originating off of Point Arena and
flowing into GFNMS and CBNMS via
wind-driven currents. The proposed
action would also apply existing
regulations into the expansion area,
amend current regulations for GFNMS
and CBNMS, and add new regulations.
Together these regulatory changes
would provide comprehensive
management and protection of the
nationally significant resources of the
area encompassed by the current
sanctuaries and the expansion area.
The proposed expansion area, from
the upwelling off the Point Arena coast
and the waters south to GFNMS and
CBNMS, is an integral geographic
component of the overall marine
ecosystem for these sanctuaries. The
upwelled water, rich with nutrients,
that flows from the Point Arena
upwelling center is the regional
ecosystem driver for productivity in
coastal waters of north-central
California. Flowing south from Point
Arena, the area supports a marine food
web made up of many species of algae,
invertebrates, fish, seabirds, and marine
mammals. Some species are transitory,
travelling hundreds or thousands of
miles to the region, such as endangered
blue whales, albatross, shearwaters, king
salmon, white and salmon sharks, while
others live year round in the
sanctuaries, such as Dungeness crab,
sponges, other benthic invertebrates and
many species of rockfish. Of note, the
largest assemblage of breeding seabirds
in the contiguous United States is at the
Farallon Islands, and each year their
breeding success depends on a healthy
and productive marine ecosystem to
allow nesting adults and fledgling
young to feed and flourish. Given that
these sensitive resources are particularly
susceptible to damage from human
activities, including this area within
CBNMS and GFNMS would conserve
and protect critical resources by
preventing or reducing human-caused
impacts such as marine pollution, and
wildlife and seabed disturbance.
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In addition, the proposed action
would protect significant submerged
cultural resources and historical
properties, as defined by the National
Historic Preservation Act and its
regulations (historical properties
include but are not limited to: Artifacts,
records, remains related to or located in
the properties and properties of
traditional religious and cultural
importance to an Indian tribe and that
meet the National Register criteria).
There are several existing state and
federal laws that provide some degree of
protection of historical resources, but
the State of California regulations only
extend 3 nautical miles offshore and
existing federal regulations do not
provide comprehensive protection of
these resources. Records document over
200 vessel and aircraft losses between
1820 and 1961 along California’s northcentral coast from Bodega Head north to
Point Arena. Submerged archaeological
remnants related to a number of former
doghole ports, are likely to exist in the
area. Doghole ports were small ports on
the Pacific Coast between Central
California and Southern Oregon that
operated between the mid-1800s until
1939. Such archaeological remnants
could include landings, wire, trapeze
loading chutes and offshore moorings.
While there is no documentation of
submerged Native American human
settlements in the proposed boundary
expansion area, some may exist there,
since Coast Miwok and Pomo peoples
have lived and harvested the resources
of this abundant marine landscape for
thousands of years. Sea level rise at the
end of the last great Ice Age inundated
a large area that was likely used by these
peoples when it was dry land. The
proposed action would prohibit
possession, moving, removing, or
injuring sanctuary historical resources.
C. History of the Proposed Boundary
Expansion
In 2001, NOAA received public
comment during the joint management
plan review scoping meetings
requesting that GFNMS and CBNMS be
expanded north and west. Since 2003,
sanctuary advisory councils for both
national marine sanctuaries have
regularly discussed and supported
boundary expansion northward and
westward at advisory council meetings,
which are open to the public. In
addition to the public and advisory
council input, legislation was proposed
between 2004 and 2011 by thenCongresswoman Lynn Woolsey, Senator
Barbara Boxer, and cosponsors, to
expand and protect GFNMS and
CBNMS, but was never passed by
Congress. Congressional, public, and
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NOAA interest in expanding CBNMS
and GFNMS stemmed from a desire to
protect the biologically rich underwater
habitat and important upwelling center
off Point Arena, which, as described, is
the source of nationally significant
nutrient-rich waters.
The sanctuary advisory councils
formally expressed support for the
proposed boundary expansion and
protection legislation in four
resolutions. On April 19, 2007, the Gulf
of the Farallones Advisory Council
passed a resolution supporting
sanctuary boundary expansion. On
September 19, 2007, the CBNMS
Advisory Council passed a resolution
supporting protection for Bodega
Canyon via proposed legislation. On
December 13, 2007, the GFNMS
Advisory Council passed another
resolution supporting legislation to
expand the sanctuaries. On November
11, 2011, the GFNMS Advisory Council
passed a third resolution which
acknowledged the legislation under
consideration at that time and again
supported expanding the GFNMS and
CBNMS boundaries.
As a result of the public interest in
boundary expansion and the potential
need for and benefits from additional
resource protection, in 2008 NOAA
included boundary expansion actions in
the revised management plans for
CBNMS and GFNMS. The strategies
(GFNMS Resource Protection Action
Plan, Strategy RP–9 and CBNMS
Administration Action Plan, Strategy
AD–10) indicated the sanctuary
managers would develop a framework to
evaluate boundary alternatives, with
public input. Some of the recommended
criteria included consideration of
boundary changes that would: Be
inclusive and ensure the maintenance of
the area’s natural ecosystem, including
its contribution to biological
productivity; be biogeographically
representative; facilitate, to the extent
compatible with the primary objective
of resource protection, public and
private uses of the marine resources;
and provide additional comprehensive
and coordinated management of the
area.
Due to continued interest in
expanding GFNMS and CBNMS, NOAA,
in compliance with Section 304(e) of the
NMSA, conducted public scoping from
December 21, 2012, to March 1, 2013
(77 FR 75601), to identify issues
associated with a proposed expansion.
NOAA held three public scoping
meetings during this period: One in
Bodega Bay in January 2013, one in
Point Arena in February 2013, and one
in Gualala in February 2013. These
public meetings were attended by
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several hundred people. NOAA received
more than 300 written submissions,
along with the oral comments received
during the three public scoping
meetings, posted under docket number
NOAA–NOS–2012–0228 on
www.regulations.gov.
Comments received during this
process were analyzed by ONMS staff,
and are addressed in the accompanying
draft environmental impact statement,
with analysis of the proposed action and
four alternatives. Scoping revealed wide
support for the protection of areas in
Sonoma and southern Mendocino
Counties, as well support for the area
included in the proposed expansion.
Some commenters also suggested the
protection of areas further north and
south of the proposed expansion or
other alternate boundary configurations
for expanding the boundaries of GFNMS
and CBNMS. Whereas some
commenters were opposed to expanding
the sanctuaries or specific sanctuary
regulations, there was generally strong
support for extending existing sanctuary
regulations to the proposed expanded
area, including prohibitions on oil and
gas development. Many commenters
also indicated opposition to any future
regulations of fishing under the NMSA.
Other comments focused on: Operation
of motorized personal watercraft use in
the expanded portions of GFNMS;
protection of wildlife from human
disturbance; and future development of
alternative energy and aquaculture.
During the development of this
action, it became clear that a wholesale
extension of GFNMS and CBNMS
regulations to the respective expansion
areas would not be the most judicious
approach in order to meet the goals of
providing resource protection and
allowing compatible uses. Therefore,
NOAA is proposing to extend some of
the regulations unchanged to the
proposed expansion area, amend some
of the existing regulations that would
apply to both the existing sanctuaries
and the proposed expansion area, and
add some new regulations.
Additional information on the
background of the proposed action is
available at http://farallones.noaa.gov/
manage/expansion_cbgf.html.
II. Summary of Proposed Changes to
the Sanctuary Terms of Designation
Section 304(a)(4) of the NMSA
requires that the terms of designation for
national marine sanctuaries include: (1)
The geographic area 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 subject to
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regulation by NOAA to protect those
characteristics. This section also
specifies that the terms of the
designation may be modified only by
the same procedures by which the
original designation is made.
To implement this action, NOAA is
proposing changes to the GFNMS and
CBNMS terms of designation, which
were last published in the Federal
Register on November 20, 2008 (73 FR
70488).
A. Revisions to the GFNMS Terms of
Designation
NOAA is proposing to revise the
GFNMS terms of designation to:
1. Update the title by adding ‘‘Terms
of’’ and removing ‘‘Document.’’
2. Modify the geographical
description of the sanctuary in the
preamble.
3. Modify Article I ‘‘Effect of
Designation’’ by referring specifically to
Gulf of the Farallones National Marine
Sanctuary.
4. Modify Article II ‘‘Description of
the Area’’ by updating the description of
the size of the sanctuary and describing
the proposed new boundary for the
sanctuary.
5. Modify Article III ‘‘Characteristics
of the Area That Give It Particular
Value’’ by updating the description of
the nationally significant characteristics
of the area to include the globally
significant coastal upwelling center.
6. Modify Article IV ‘‘Scope of
Regulation’’ by updating Section 1 to
include: A more complete description of
‘‘hydrocarbon operations’’; adding
‘‘minerals’’ to what had been
‘‘hydrocarbon operations’’; and adding a
new subsection I, ‘‘Interfering with an
investigation, search, seizure, or
disposition of seized property in
connection with enforcement of the Act
or Sanctuary regulations’’, and ‘‘In
addition, under no circumstances would
a permit or authorization be issued for
exploring for, developing or producing
oil, gas, or minerals within the
Sanctuary.’’
7. Modify Article V ‘‘Relation to Other
Regulatory Programs’’ by updating
Section 3 to include the dates of
designation and expansion used for
certification.
The revised terms of designation are
proposed to read as follows (new text in
quotes and deleted text in brackets and
italics): This proposed rule provides
only those articles and sections of the
terms of designation for GFNMS for
which NOAA proposes a change. The
full text for the current GFNMS terms of
designation may be found at:
Farallones.noaa.gov/manage/pdf/
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GFNMS_Revised_Designation_11-202008.pdf.
Terms of Designation for the 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 ‘‘Alder
Creek along the 39th parallel’’[Point Reyes
Headlands], between ‘‘Manchester Beach in
Mendocino County’’[Bodega Head] and
Rocky Point ‘‘in Marin County’’ and
surrounding the Farallon Islands ‘‘and
Noonday Rock along the northern coast of
California,’’ are hereby designated a National
Marine Sanctuary for the purposes of
preserving and protecting this unique and
fragile ecological community.
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Article I. Effect of Designation
Within the area [designated in 1981 as The
Point Reyes/Farallon Islands 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 ‘‘Gulf of the Farallones National
Marine’’ Sanctuary ‘‘(the Sanctuary)’’.
Section 1 of Article IV of th‘‘ese’’[is] ‘‘Terms
of’’ 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 ‘‘2,490’’[966] square nautical
miles (nmi)[,]. ‘‘The boundary’’
extend‘‘s’’[ing] seaward to a distance of
‘‘30’’[6] nmi ‘‘west’’ from the mainland ‘‘at
Manchester Beach and extends south
approximately 45 nmi to the northwestern
corner of Cordell Bank National Marine
Sanctuary (CBNMS), and extends
approximately 38 nmi east along the northern
boundary of CBNMS, approximately 7 nmi
west of Bodega Head. The boundary extends’’
from [ Point Reyes to] Bodega Bay ‘‘to Point
Reyes’’ and 12 nmi west from the Farallon
Islands and Noonday Rock, and
includ‘‘es’’[ing] the intervening waters and
submerged lands. ‘‘The Sanctuary includes
Bolinas Lagoon, Tomales Bay, Giacomini
Wetland, Estero de San Antonio (to the tide
gate at Valley Ford-Franklin School Road)
and Estero Americano (to the bridge at Valley
Ford-Estero Road), as well as Bodega Bay, but
does not include Bodega Harbor, the Salmon
Creek Estuary, the Russian River Estuary, the
Gualala River Estuary, the Arena Cove Pier or
the Garcia River Estuary’’. The precise
boundaries are defined by regulation.
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Article III. Characteristics of the Area That
Give It Particular Value
The Sanctuary ‘‘encompasses a globally
significant coastal upwelling center that’’
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 adult white sharks
(Carcharodon carcharias) in the world. ‘‘The
area adjacent to and offshore of Point Arena,
due to seasonal winds, currents and
oceanography, drives one of the most
prominent and persistent upwelling centers
in the world, supporting the productivity of
the sanctuary. The nutrient-rich water carried
down coast by currents promote thriving
nearshore kelp forests, productive
commercial and recreational fisheries, and
diverse wildlife assemblages. Large
predators, such as white sharks, sea lions,
killer whales, and baleen whales, travel from
thousands of miles away to feed in these
productive waters. Rocky shores along the
Sonoma and Mendocino County coastlines
are largely intact, and teem with crustaceans,
algae, fish and birds.’’
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] ‘‘Exploring
for, developing or producing oil, gas, or
minerals within the Sanctuary’’;
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;
h. Operating a vessel (i.e., watercraft of any
description) within the Sanctuary[.] ‘‘; and
i. Interfering with an investigation, search,
seizure, or disposition of seized property in
connection with enforcement of the Act or
Sanctuary regulations.
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In addition, a permit or authorization may
not be issued for exploring for, developing or
producing oil, gas, or minerals within the
Sanctuary under any circumstances.’’
. . .
Article V. Relation to Other Regulatory
Programs
. . .
Section 3. Other Programs
All applicable regulatory programs will
remain in effect, and all permits, licenses,
‘‘approvals,’’ and other authorizations issued
[pursuant thereto] ‘‘after January 16, 1981,
with respect to activities conducted within
the original Sanctuary boundary and after the
effective date of the expansion of the
Sanctuary with respect to activities
conducted within the expansion area’’ will
be valid within the Sanctuary unless
authorizing any activity prohibited by any
regulation implementing Article IV. ‘‘No
valid lease, permit, license, approval or other
authorization for activities in the expansion
area of the Sanctuary issued by any federal,
State, or local authority of competent
jurisdiction and in effect on the effective date
of the expansion may be terminated by the
Secretary of Commerce or by his or her
designee provided the holder of such
authorization complies with the certification
procedures established by Sanctuary
regulations.’’ [The Sanctuary regulations
shall set forth any necessary pertaining to
certification procedures in order for them to
remain valid.]
. . .
[End Of Terms Of Designation]
B. Revisions to the CBNMS Terms of
Designation
NOAA is revising the CBNMS terms of
designation to:
1. Update the title by adding ‘‘Terms of’’,
removing ‘‘Document’’, and making minor
technical changes.
2. Modify the Preamble to add ‘‘Bodega
Canyon’’ and ‘‘submerged lands’’ as part of
the area designated the Cordell Bank
National Marine Sanctuary, and making
minor technical changes.
3. Modify Article I ‘‘Effect of Designation’’
by making minor technical changes.
4. Modify Article II ‘‘Description of the
Area’’ by changing the description of the size
of the sanctuary and describing the proposed
new boundary for the sanctuary.
5. Modify Article III ‘‘Characteristics of the
Area That Give It Particular Value’’ by
updating the description of the nationally
significant characteristics of the area to
include Bodega Canyon and the additional
area in the Sanctuary.
6. Modify Article IV ‘‘Scope of Regulation’’
by updating section 1, subsection c, to
include a more complete description of
‘‘hydrocarbon operations’’ and adding
‘‘minerals’’ to what had been ‘‘hydrocarbon
operations’’; and by adding a new subsection
i to section 1, ‘‘Interfering with an
investigation, search, seizure, or disposition
of seized property in connection with
enforcement of the Act or Sanctuary
regulations’’, and by adding ‘‘In addition,
under no circumstances would a permit or
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authorization be issued for exploring for,
developing or producing oil, gas, or minerals
within the Sanctuary.’’
7. Modify Article V ‘‘Relation to Other
Regulatory Programs’’ by updating section 3
to include the dates of designation and
expansion used for certification.
This proposed rule provides only those
articles and sections for the terms of
designation for CBNMS for which NOAA
proposes a change. The full text for the
current CBNMS terms of designation may be
found at cordellbank.noaa.gov/library/74_fr_
12088.pdf. The revised CBNMS terms of
designation are proposed to read as follows
(new text in quotes and deleted text in
brackets and italics):
Terms Of Designation 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, ‘‘Bodega
Canyon,’’ and ‘‘their’’[its] surrounding waters
‘‘and submerged lands’’ offshore northern
California, as described in Article ‘‘II’’[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.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Article 1. 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 th‘‘ese’’[is] ‘‘Terms of’’
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 activit‘‘y’’[ies] 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‘‘n
approximately 971’’[399] square nautical
mile area of marine waters and the
submerged lands thereunder encompassed by
a ‘‘northern’’ boundary [extending
approximately 250° from the northernmost]’’
that begins approximately 6 nautical miles
west of Bodega Head in Sonoma County,
California and extends west approximately
38 nautical miles, coterminous with the’’
boundary of the Gulf of the Farallones
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National Marine Sanctuary (GFNMS). ‘‘From
that point, the western boundary of the
Sanctuary extends south approximately 34
nautical miles. From that point, the southern
boundary of the Sanctuary continues east 15
nautical miles, where it intersects the
GFNMS boundary. The eastern boundary of
the Sanctuary is coterminous with the
GFNMS boundary, and is a series of straight
lines connecting in sequence,’’ [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 ‘‘and Bodega Canyon are’’ [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, ‘‘Canyon,’’ and ‘‘their’’ [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. ‘‘The Bank is’’ [It lies on a
plateau] 300–400 feet (91–122 meters) deep
and ascends to within [about] 115 feet (35
meters) of the surface at its shallowest point.
‘‘Bodega Canyon is about 12 miles (10.8
nautical miles) long and is over 5,000 feet
(1,524 m) deep.’’ 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 ‘‘and Bodega
Canyon’’ includes an exceptional assortment
of [algae,] invertebrates, fishes, marine
mammals and seabirds. ‘‘Predators travel
from thousands of miles away to feed in
these productive waters.’’
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. ‘‘Exploring for, developing or producing
oil, gas or minerals within the
Sanctuary’’[Hydrocarbon (oil and gas)
activities within the Sanctuary];
d. Anchoring on the Bank or on or within
the line representing the 50 fathom contour
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
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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[.]’’; and
i. Interfering with an investigation, search,
seizure, or disposition of seized property in
connection with enforcement of the Act or
Sanctuary regulations.
In addition, a permit or authorization may
not be issued for exploring for, developing or
producing oil, gas, or minerals within the
Sanctuary under any circumstances.’’
. . .
Article V. Relation to Other Regulatory
Programs
. . .
Section 3. Other Programs
All applicable regulatory programs shall
remain in effect, and all permits, licenses,
approvals, and other authorizations issued
‘‘after July 31, 1989, with respect to activities
conducted within the original Sanctuary
boundary and after the effective date of the
expansion of the Sanctuary with respect to
activities conducted within the expansion
area’’ pursuant to those programs shall be
valid unless prohibited by regulations
implementing Article IV.
. . .
[End Of Terms Of Designation]
III. Summary of the Regulatory Amendments
With this action, NOAA is proposing to do
the following:
—Amend the regulations describing the
sanctuary boundaries in order to expand
the sanctuaries;
—Extend existing sanctuary regulations to
the expansion area without any changes;
—Amend existing sanctuary regulations that
apply in either or both existing and
expansion areas; and
—Add new regulations.
Gulf of the Farallones National Marine
Sanctuary Regulations
The proposed new boundary for GFNMS
would increase the size of the sanctuary from
approximately 1,279 square miles to 3,297
square miles and would extend protection to
the submerged lands and the globallysignificant coastal upwelling center at Point
Arena and the nutrient-rich waters that flow
via wind-driven currents from the upwelling
center into the existing portions of GFNMS.
These nutrients are the foundation of the
food-rich environment of the sanctuary.
This section describes the changes NOAA
is proposing to make to the regulations for
GFNMS to implement the proposed
expansion of the sanctuary, which is the
basis for this rulemaking. It is organized by
type of regulatory amendments as follows:
—It includes proposed changes to the
boundary description;
—It would apply existing regulations without
changes to the proposed expansion area for
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certain regulations and exceptions related
to discharge, altering the seabed, taking
and possessing certain species, disturbing
historical resources, introducing
introduced species, attracting white sharks,
deserting a vessel, exemptions for
Department of Defense and emergency
response, and permit criteria and
requirements;
—It would amend several existing
regulations and apply them to either or
both the existing sanctuary and proposed
expansion area including prohibiting oil,
gas and minerals exploration, discharging
graywater, operating motorized personal
watercrafts, flying aircrafts below 1,000
feet in certain designated zones, sailing
cargo vessels in certain designated zones,
approaching white sharks in certain
designated zones, and minor technical
changes to boundary coordinates;
—It would add new regulations related to
interference with an investigation and the
ability for NOAA to authorize certain
activities otherwise prohibited.
Boundary Expansion
NOAA is proposing to modify the
boundary of GFNMS to include the coastal
waters and submerged lands north of the
current sanctuary extending to the 39th
parallel, just north of Point Arena in
Mendocino County, and extending seaward
to the continental slope to approximately the
10,000-foot (1,667-fathom) depth contour.
NOAA is also proposing to clarify that the
boundary of GFNMS includes the restored
Giacomini Wetland at the northeastern end of
Tomales Bay to the Mean High Water Line
consistent with current sanctuary
regulations. The combined expanded
boundary would increase the size of the
sanctuary from 1,279 square miles (966
square nautical miles) to 3,297 square miles
(2,490 square nautical miles). The expanded
area would extend shoreward to the Mean
High Water Line, but would not include
Salmon Creek Estuary, the Russian River
Estuary, the Gualala River Estuary, Arena
Cove east of the pier or the Garcia River
Estuary. The southern boundary and portions
of the western boundary of GFNMS would be
coterminous with CBNMS. A map of the area
under consideration may be found online at
http://farallones.noaa.gov/manage/
expansion_cbgf.html.
published concurrently with this proposed
rule. NOAA is proposing to extend the
following exceptions to the GFNMS
discharge/deposit prohibition to the
expansion area:
1. The discharge/deposit of fish, fish parts,
chumming materials or bait would be
allowed as long as it occurred during the
conduct of lawful fishing activities within
the sanctuary.
2. The discharge/deposit of clean effluent
generated incidental to vessel use and
generated by a Type I or II marine sanitation
device approved by the United States Coast
Guard in accordance to section 312 of the
Federal Water Pollution Control Act, as
amended, (FWPCA; 33 U.S.C. 1322) would be
allowed for vessels less than 300 gross
registered tons (GRT) or for vessels 300 GRT
or above without sufficient holding tank
capacity to hold sewage while within the
sanctuary.
3. The discharge/deposit of clean vessel
engine cooling water, clean vessel generator
cooling water, clean bilge water, anchor
wash, vessel engine or generator exhaust
from all vessels, including cruise ships,
would be allowed. An additional exception
of clean vessel deck wash down would apply
to all vessels other than cruise ships. The
discharge/deposit of oily waste from bilge
pumping would be prohibited from any
vessel if the waste contained any detectable
levels of harmful matter. In this case, a
detectable level of oil would be interpreted
to include anything that produced a visible
sheen.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Application of Existing Regulations Without
Changes to Proposed Expansion Area
Prohibition on Construction on and
Alteration to the Seabed
NOAA proposes to extend to the proposed
expansion area for GFNMS a provision that
would prohibit constructing any structure
other than a navigation aid on or in the
submerged lands of the Sanctuary; placing or
abandoning any structure on or in the
submerged lands of the Sanctuary; or drilling
into, dredging, or otherwise altering the
submerged lands of the Sanctuary in any
way. This provision would include four
existing exceptions to this prohibition: (1)
Anchoring vessels; (2) while conducting
lawful fishing activities; (3) routine
maintenance and construction of docks and
piers on Tomales Bay; or (4) mariculture
activities conducted pursuant to a valid
lease, permit, license or other authorization
issued by the State of California.
Prohibition on Certain Discharges
Generally, discharging or depositing any
material or other matter from within or into
the sanctuary are prohibited in the existing
sanctuary and would be prohibited in the
proposed expansion area as well. The
exceptions currently in place for some
activities would apply in the proposed
expansion area as well and are described
below. The prohibition would apply not only
to discharges and deposits originating in the
sanctuary (e.g., from vessels in the
sanctuary), but also, for example, from
discharges and deposits occurring above the
sanctuaries. A description of the impacts of
this discharge regulation can be found in the
discussion of the proposed action in the DEIS
Prohibit the Take and Possession of Certain
Species
NOAA proposes to extend to the proposed
expansion area for GFNMS an existing
provision that would prohibit the taking or
possession of any marine mammal, sea turtle
or bird within or above the sanctuary unless
it is 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. A description of
the impacts of this regulation can be found
in the discussion of the proposed action in
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20987
the DEIS published concurrently with this
proposed rule.
Prohibit the Disturbance of Historic
Resources
NOAA proposes to extend to the proposed
expansion area for GFNMS an existing
provision that would prohibit possessing,
moving, removing, or injuring, or attempting
to possess, move, remove or injure a
sanctuary historical resource in the
sanctuary. A description of the impacts of
this regulation can be found in the discussion
of the proposed action in the DEIS published
concurrently with this proposed rule.
Prohibit the Introduction of Introduced
Species
Currently, the introduction of introduced
species is prohibited in the federal waters of
GFNMS, with the exception of catch and
release of striped bass (Morone saxatilis). In
a separate rulemaking, NOAA proposed to
amend the regulation pertaining to
introduced species (79 FR 17073). This
separate rulemaking would provide an
exception for the introduction of non-native
shellfish species for cultivation by
mariculture activities in Tomales Bay, if such
activity is specifically authorized by any
valid Federal, State, or local lease, permit,
license, approval, or other authorization and
subsequently authorized by the sanctuary
pursuant to 15 CFR 922.49 and 922.82. It
would also give NOAA the ability to consider
and authorize new or amended existing
operations of commercial mariculture
activities in state waters involving certain
introduced species of shellfish that are
determined to be non-invasive, including in
Tomales Bay.
With this action, NOAA proposes to extend
to the proposed expansion area for GFNMS
the existing provision that prohibits the
introduction of introduced species in the
sanctuary as well as the new provisions that
will result from the ongoing separate
rulemaking mentioned above.
Prohibit White Shark Attraction and
Approach
NOAA proposes to extend to the proposed
expansion area for GFNMS an existing
provision that would prohibit attracting a
white shark anywhere within GFNMS.
Prohibit the Desertion of Vessels
NOAA proposes to extend to the proposed
expansion area for GFNMS an existing
provision that would prohibit deserting a
vessel aground, at anchor, or adrift in the
Sanctuary. NOAA also proposes to extend to
the proposed expansion area for GFNMS an
existing provision that would prohibit
leaving harmful matter aboard a grounded or
deserted vessel in the GFNMS. A description
of the impacts of this regulation can be found
in the discussion of the proposed action in
the DEIS published concurrently with this
proposed rule.
Exemption for Department of Defense
Activities
NOAA proposes to extend to the GFNMS
expansion area an existing exemption for
Department of Defense (DOD) activities
necessary for national defense, provided such
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activities are conducted on or prior to the
effective date of GFNMS designation or
GFNMS expansion. DOD activities necessary
for national defense initiated after the
effective date of designation or expansion
could be exempted after consultation with
the Sanctuary Superintendent, with authority
delegated from the ONMS Director. DOD
activities not necessary for national defense,
such as routine exercises and vessel
operations, would be subject to all
prohibitions that apply to GFNMS.
Exemption for Emergencies
NOAA proposes to extend to the proposed
expansion area for GFNMS a provision that
would exempt from sanctuary regulations for
activities necessary to respond to an
emergency threatening life, property, or the
environment.
Exemption for Permitted Activities
NOAA proposes to extend to the expanded
area an exemption for activities that are
permitted by the Sanctuary Superintendent,
with authority delegated from the ONMS
Director, in accordance with the permit
issuance criteria found in 15 CFR 922.48 and
15 CFR 922.83. It is important to note that
permits would only be available for activities
that violate the regulations at 15 CFR
922.83(a)(2) through (a)(16). No permit could
be issued for activities that violate 15 CFR
922.83(a)(1) which prohibit the exploration
for, development, or production of oil, gas or
minerals within the sanctuary. A Sanctuary
Superintendent may issue a sanctuary permit
to: (1) Further research or monitoring related
to sanctuary resources and qualities; (2)
further the educational value of the
sanctuary; (3) further salvage or recovery
operations; or (4) assist in managing the
sanctuary.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Amend Existing Regulations
Regulations That Would Apply to Both
Existing Sanctuary and Proposed Expansion
Area
Prohibition on Oil, Gas, or Minerals
Exploration
NOAA is proposing to extend the current
GFNMS regulations pertaining to oil and gas
exploration, development, and production to
the proposed expanded area, as well as
making some amendments to the regulation
that would apply both to the current GFNMS
as well as the proposed expanded area, as
described below.
1. NOAA is proposing to amend the
current GFNMS regulation to also prohibit
exploring for, developing, or producing
minerals within the current boundary as well
as the expansion area of GFNMS to be
consistent with CBNMS and Monterey Bay
National Marine Sanctuary, which are both
adjacent to and abutting GFNMS. No
commercial exploration, development, or
production of minerals is currently
conducted, nor is such activity anticipated in
the near future.
2. NOAA is proposing to remove the
exception for laying pipelines related to
hydrocarbon operations adjacent to the
sanctuary. There are no existing or proposed
oil or gas pipelines in the vicinity and no
currently planned or reasonably foreseeable
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oil or gas development projects or leases that
would necessitate pipelines. Should an oil or
gas pipeline be proposed in the future, the
new proposed authorization process
(described below) could be used to allow
such a use.
Prohibition on Certain Discharges
The discharge/deposit of graywater as
defined by section 312 of the FWPCA by
vessels less than 300 GRT, or vessels 300
GRT or greater without sufficient holding
tank capacity to hold graywater while within
the sanctuary would be excepted from the
discharge prohibition. This new exception is
intended to allow small vessels producing a
small amount of clean graywater to continue
operating within the sanctuary. This new
exception would not apply to cruise ships. It
would allow some vessels to discharge clean
graywater within the sanctuary (which is
currently prohibited) as well as in the
proposed expansion area. Since the sanctuary
would be expanded and the adjacent CBNMS
would be expanded, the larger area may
make it difficult for some larger vessels
lacking holding capacity to hold graywater
discharges while transiting through the
sanctuaries. By allowing this discharge, noncruise ship vessels would not be forced to
hold all graywater and would have the option
of discharging clean graywater in the
sanctuary, consistent with the existing
provisions in MBNMS and state and federal
regulations. However, larger vessels greater
than 300 GRT that have holding capacity
would be prohibited from discharging gray
water anywhere in the sanctuary.
This rule would extend to the proposed
expansion area for GFNMS an existing
provision that also prohibits the discharge/
deposit originating outside the boundary of
GFNMS that subsequently would enter the
sanctuary and injure a sanctuary resource or
quality. This existing regulation would be
applied to the expansion area with the
addition of the exception for a vessel less
than 300 GRT or a vessel 300 GRT or greater
without sufficient holding capacity to hold
the graywater while within the Sanctuary, as
mentioned above. A description of the
impacts of this regulation can be found in the
discussion of the proposed action in the DEIS
published concurrently with this proposed
rule.
Modification of the Prohibition on Operating
Motorized Personal Watercraft
GFNMS regulations prohibit the operation
of all motorized personal watercraft (MPWC),
except for emergency search and rescue
missions or law enforcement operations
(other than routine training activities) carried
out by the National Park Service, U.S. Coast
Guard, Fire or Police Departments or other
Federal, State or local jurisdictions. MPWC,
which are often referred to as ‘‘jetskis’’® or
simply ‘‘skis,’’ include several small vessel
designs that share similar performance
characteristics. NOAA has restricted the use
of MPWC within various sanctuaries when
MPWC operation poses a unique and
significant threat of disturbance to sanctuary
habitats and wildlife through repetitive
operation within sensitive environments.
NOAA’s assessments of MPWC impacts
indicate that unrestricted access to all
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reaches of the sanctuary by such craft are
likely to pose a threat to wildlife and other
ocean users. Some MPWC operators
commonly accelerate and decelerate
repeatedly and unpredictably, travel at rapid
speeds directly toward shore, and may
maneuver close to rocks. Thus wildlife
disturbance impacts from MPWC tend to be
more likely than those from motorboat use,
due to impacts in ecologically sensitive areas,
often in nearshore locations. More detailed
information on the impacts of MPWC can be
found in the discussion of the proposed
action in the DEIS published concurrently
with this proposed rule.
NOAA proposes to extend the current
regulation to the proposed expanded area,
but would modify it to allow for the use of
a MPWC equipped with a functioning Global
Positioning System (GPS) unit within four
newly designated zones within the sanctuary
expansion area, as described in the next
section.
Regulations That Would Apply Only to
Existing Sanctuary Area
Prohibit Low Flying Aircraft in Designated
Zones
Currently NOAA prohibits disturbing
marine mammals or seabirds by flying
motorized aircraft at less than 1,000 feet over
the waters within one nautical mile of the
Farallon Islands, Bolinas Lagoon, or any Area
of Special Biological Significance (ASBS, see
description below), except to transport
persons or supplies to or from the Islands or
for enforcement purposes. NOAA presumes
that a failure to maintain a minimum altitude
of 1,000 feet above ground level over such
waters disturbs marine mammals or seabirds.
NOAA is proposing to rename the areas of
overflight regulation ‘‘Special Wildlife
Protection Zones’’ (SWPZs) and make small
changes to the areas of overflight regulation
within the existing boundaries of GFNMS.
The new SWPZs would implement
restrictions to disturbing marine mammals or
seabirds by flying a motorized aircraft as well
as to the sailing of cargo vessels. In this
section, NOAA describes changing the zones
from using existing state designated Areas of
Special Biological Significance and specific
area names to a new slightly modified
configuration of Special Wildlife Protection
Zones; NOAA describes overflight
regulations below and describes the
restrictions to cargo vessel use in a separate
section below. A map of the zones under
consideration may be found in the DEIS
posted online at http://farallones.noaa.gov/
manage/expansion_cbgf.html.
1. NOAA is proposing to no longer use the
location of State-designated ASBS to define
the areas where the low flying aircraft
prohibition applies. Instead, NOAA would
designate SWPZs as defined below. NOAA
would delete the definition of ASBS in
sanctuary regulations, although those areas
are designated by the state of California for
water quality purposes and they would
continue to exist in that capacity. The
existing GFNMS regulations use a
combination of specified locations and State
ASBS to protect sensitive seabird and
pinniped areas from cargo vessel disturbance
or discharge, and from low flying aircraft
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disturbance. ASBS are those areas designated
by California’s State Water Resources Control
Board as requiring protection of species or
biological communities to the extent that
alteration of natural water quality is
undesirable. ASBS are a subset of State Water
Quality Protection Areas established
pursuant to California Public Resources Code
section 36700 et seq. These areas were
designated based on the presence of certain
species or biological communities that,
because of their value or fragility, deserve
special protection by preserving and
maintaining natural water quality conditions
to the extent practicable. Within the existing
GFNMS boundaries, ASBS coincide with
areas of high biological diversity and/or
abundance of species, which is why NOAA
originally prohibited low overflights above
these ASBS areas and within one nautical
mile of the edge of their boundaries.
However, the ASBS in the expansion area are
not in locations that would provide adequate
protection to wildlife if used for low flying
aircraft prohibitions. Therefore, NOAA is
proposing to standardize the nomenclature
for the zones where low overflight is
prohibited by naming all of them SWPZs in
both the existing sanctuary and the proposed
expansion area.
2. Instead of continuing to use ASBS
boundaries with a one nautical mile buffer
and other specified locations, the new
proposed regulation would prohibit
disturbing marine mammals or seabirds by
flying motorized aircraft at less than 1000
feet over the waters within the newly
designated SWPZs (except to transport
persons or supplies to or from the Farallon
Islands or for enforcement purposes.) Failure
to maintain a minimum altitude of 1000 feet
above ground level over such waters would
still be presumed to disturb marine mammals
or seabirds. This presumption of disturbance
could be overcome by contrary evidence that
disturbance did not, in fact, occur (e.g.,
evidence that no marine mammals or
seabirds were present in the area at the time
of the low overflight).
3. SWPZs would be defined as areas of
high biological diversity and/or abundance of
species including federally listed and
specially protected species. In particular
these areas are white shark, seabird, and
marine mammal (pinniped) ‘‘hotspots’’.
White shark hotspots contain globally
significant concentrations of white sharks.
Seabird hotspots are areas with large historic
populations, species diversity, and high
concentration of nesting and roosting birds.
Pinniped hotpots provide critical habitat for
pupping seals and sea lions. In the proposed
new boundaries for GFNMS, SWPZs would
be established where such hotspots are
susceptible to disturbance by low flying
aircraft, cargo vessel operations, or in the
case of white sharks, tourism vessels.
Therefore, SWPZs are proposed to better
encompass areas needing protection from
certain human activities and to provide
consistency between the existing and
proposed areas of GFNMS.
4. There would be a total of five SWPZs in
the current sanctuary boundaries coinciding
with previous state ASBS boundaries, which
were previously used to delineate the areas
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subject to prohibitions on low flying aircraft:
Tomales Point, Point Reyes, Duxbury ReefBolinas Lagoon, and two zones at the
Farallon Islands. In the existing sanctuary
boundaries, the proposed boundaries of the
SWPZs would remain similar in size and
location to the areas currently protected from
low flying aircraft. The shape would change
from circles to polygons and would be
delineated around known points, islands and
landmarks, instead of following ASBS
boundaries with either one or two nautical
mile buffers. The proposed changes are
designed to aid compliance with the low
overflight restriction zones by allowing for
visual recognition of the zones from the air.
The proposed new SWPZs would result in a
slight increase in zone size for some areas
and a decrease in size in other areas as
defined below. For the Tomales Point zone,
SWPZ 3, the boundaries would encompass
the area within the sanctuary surrounding
Tomales Point and the northern portion of
Tomales Bay to the east shore at Toms Point,
and north to Estero de San Antonio. The
proposed change would increase the area by
approximately 5 square miles. However, it
would only increase the time an aircraft
would have to stay above 1,000 feet by
approximately 35 seconds if traveling at a
speed of 120 miles per hour, assuming the
flight line is roughly parallel to the coast. For
the Point Reyes zone, SWPZ 4, the
boundaries would encompass the area within
the sanctuary surrounding Point Reyes. This
change in shape would increase area by
approximately 1.8 square miles, but it would
not increase the time an aircraft would have
to stay above 1,000 feet if traveling at a speed
of 120 miles per hour. For the Duxbury ReefBolinas Lagoon zone, SWPZ 5, the boundary
would encompass all of Bolinas Lagoon, but
not Seadrift Lagoon, and extend west to
Bolinas Bay, south to Rocky Point and north
to Millers Point. The proposed change would
increase area by approximately 4.5 square
miles and increase the time an aircraft would
have to stay above 1,000 feet by
approximately 20 seconds if traveling at a
speed of 120 miles per hour. The Southeast
Farallon Islands Zone, SWPZ 6, extends
approximately 1 nautical mile seaward of
Southeast Farallon Island and Maintop
Island. The proposed change would decrease
the area by approximately 2.2 square miles
and decrease the time an aircraft would have
to stay above 1,000 feet by approximately 60
seconds if traveling at a speed of 120 miles
per hour. The North Farallon Islands Zone,
SWPZ 7, extends approximately 1 nautical
mile seaward of North Farallon Island and
Isle of St. James. The proposed change would
increase the area by approximately 1.4 square
miles, but would not increase the time an
aircraft would have to stay above 1,000 feet
if traveling at a speed of 120 miles per hour.
Using points, landmarks and islands changes
the shape of the five existing zones from
circular to a polygon. However, the zones
encompass the same wildlife hotspots as the
current zones and NOAA believes such small
changes in size of the new SWPZs would be
inconsequential when flying an aircraft due
to the short amount of additional flight time
in which it would result. Also, the change in
shape and the use of known points, islands
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and landmarks, which can be identified from
the air would likely facilitate compliance
from pilots. Therefore, NOAA estimates that
this proposed change in boundaries would
result in a negligible change of operations for
low flying aircrafts above the existing
sanctuary.
Prohibit Cargo Vessels in Designated Zones
Currently NOAA prohibits cargo vessels
from transiting closer than two nautical miles
of the Farallon Islands, Bolinas Lagoon, or
any ASBS to prevent wildlife disturbance
and minimize the risk of oil spills in these
areas. NOAA is proposing to amend the
current prohibition on cargo vessels
transiting close to sensitive wildlife areas in
the sanctuary to the proposed expanded area
with the following two changes. A map of the
zones under consideration may be found in
the DEIS posted online at http://
farallones.noaa.gov/manage/expansion_
cbgf.html. NOAA would replace the current
zones including a two-nautical-mile buffer
around the Farallon Islands, Bolinas Lagoon,
or any ASBS with SWPZs that would extend
1 nautical mile into the same waters. Cargo
vessels would be required to sail at least one
nautical mile from any SWPZ. Although the
new proposed regulation would change the
buffer in the existing zones from two nautical
miles to one nautical mile, the proposed new
SWPZs would encompass the same areas that
were previously identified in the regulations.
Therefore, the proposed new cargo vessel
prohibition would remain similar in size and
location to the areas currently protected from
cargo vessels.
As proposed, the cargo vessel prohibition
zones in the existing sanctuary (which would
encompass an area covering the SWPZs as
well as a one-mile buffer around them)
would be very similar to the areas currently
protected from transiting cargo vessels,
meaning that overall size and location of the
zones would not significantly differ from the
existing protected areas. The changes to the
areas in the existing sanctuary would result
in a total area that would only be 6.4 square
miles larger than the existing cargo vessel
prohibition zones. Therefore, this proposed
change in the current boundaries would
result in a negligible change for transiting
cargo vessels.
Prohibit White Shark Attraction and
Approach
NOAA also prohibits approaching within
50 meters of a white shark within 2 nautical
miles of the Farallon Islands to prevent
harassment and to reduce wildlife
disturbance to white sharks. The proposed
rule would amend the approach regulation in
the current GFNMS regulations, as described
below.
1. NOAA is proposing to refine and further
delineate the zone in which it is prohibited
to approach a white shark within 2 nautical
miles of the Farallon Islands by creating two
zones that encompass both the Southeast and
North Farallon Islands. The location and size
of the zones would effectively remain similar
to the current prohibition at both the
Southeast and North Farallon Islands,
however, the area around Middle Farallon
Island would be removed resulting in a total
area that is smaller than the existing zone.
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The previous zone was circular and
surrounded all the Farallon Islands. The two
new zones would be changed to a polygon
and match the cargo vessel prohibition zones
by creating a one nautical mile buffer around
proposed SWPZs 6 and 7. The proposed
regulation would prohibit disturbing white
sharks by approaching within 50 meters of a
white shark while within one nautical mile
of, and inside, the newly designated SWPZs
6 and 7 around Southeast and North Farallon
Islands. Middle Farallon Island would not be
included in the approach prohibition. Middle
Farallon Island is not considered to be a
location of primary food source (i.e.,
pinnipeds) for white sharks. According to
data collected by Point Blue Conservation
Science (1987–2011) only one confirmed
white shark predation event has occurred
near middle Farallon Island during the fall
season. Only a small number (30 or less) of
sea lions are able to haul out on Middle
Farallon Island at a time. In 2011, island
biologists observed a shark thrashing several
times over a number of hours, but no carcass
or blood was ever observed, therefore the
attack was not confirmed. Additionally,
researchers and tourism operators have not
been observed or reported in their logs
approaching white sharks near Middle
Farallon Island.
2. SWPZs 6 and 7 would be the only two
SWPZs in the current sanctuary boundaries
where approaching white sharks would be
prohibited. The proposed boundaries of the
new SWPZs are very similar to the areas
currently protected from approaching white
sharks around the Southeast and North
Farallon Islands meaning that overall size
and location would generally be the same as
the existing protected areas. The combined
area of the current white shark protection
zone is approximately 52.3 square miles. The
combined area of the two new white shark
protection zones would be approximately
47.7 square miles. This is a reduction of 4.6
sq mi or approximately 10% of the current
area, but that reduction is due to the removal
of the Middle Farallon Island from the zone.
Therefore, NOAA believes this proposed
change in boundaries would result in a
negligible change for researchers and tourism
operators in the existing sanctuary, and that
the reconfiguration of SWPZs would result in
more effective resource protection.
Technical Changes to Boundaries
Minor technical changes were needed for
the textual descriptions and point locations
of the No-Anchoring Seagrass Protection
Zones in Tomales Bay. Metric values
(hectares and meters) were converted to
English units to be consistent with the rest
of the document. All zones with a shoreline
component to their boundary are now
described in language that complies with
current ONMS conventions for boundary
descriptions. In addition to modifying the
text, the index numbers of some coordinate
pairs were reordered and some coordinates
were modified to accommodate the edited
text. No change was made to the existing
zone locations or areas, except that the
boundary coordinates of Zone 5 were
modified slightly so that the zone better align
with GFNMS boundaries. Therefore, this
proposed rule would correct minor errors
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and incorporate these changes without
significantly altering the size or location of
the seagrass protection zones.
Regulations That Would Apply Only to
Proposed Expansion Area
Motorized Personal Watercraft Zones
Operation of MPWC would be allowed
only within four designated zones within the
proposed expansion area and would limit
access to the nearshore. The proposed
regulations specify that an operable GPS unit
in working condition must be carried on all
MPWC accessing each zone in order to
accurately and precisely navigate to MPWC
zones and to ensure that the MPWC stays
within the designated zones. The proposed
action would allow use of MPWC in areas
totaling 33.4 square nautical miles. A map of
the zones under consideration may be found
in the DEIS posted online at http://
farallones.noaa.gov/manage/expansion_
cbgf.html.
The sites of the four zones have been
specifically proposed to minimize or prevent
impacts on nearshore wildlife, and to protect
known wildlife hotspots (which include
areas of high biological diversity or
abundance of species) or federally listed and
specially protected species, while still
allowing access to important recreational
areas for surfing and where species of
concern have a low likelihood of disturbance.
Access to the proposed zones by
conventional vessels would continue
unchanged.
NOAA is proposing three year-round
MPWC use zones and one seasonal MPWC
zone within the GFNMS expansion area.
Zone 1 is approximately 8.5 square miles and
is proposed from latitude 39 to Arena Cove.
This seasonal zone would be open from
October through February. It would be closed
from March through September to limit
potential negative interactions with MPWC
landing on Manchester Beach during the time
Snowy Plovers, listed as threatened by the
Endangered Species Act, nest on beaches.
Zone 2 is approximately 26.2 square miles
and is proposed from Arena Cove to Havens
Neck. Prominent visual markers at Arena
Cove, Moat, Saunders Landing, Iverson
Landing and Haven’s Neck would be used to
define the eastern boundary. The proposed
zone would require MPWC users to stay
seaward of all the listed points at all times.
Use of waypoints at each of the shoreside
locations would help operators with
compliance. Zone 3 is approximately 3.8
square miles and is offshore of Timber Cove.
Zone 3 would be accessed through a boat
ramp at Timber Cove. Zone 4 is
approximately 6.1 square miles including the
access route area and is proposed offshore of
Bodega Head to Coleman Beach. A 100-yard
access route from Bodega Harbor using the
harbor entrance and two navigational buoys
would allow entrance to the southern
boundary of the zone. Seasonal access would
also be available through Salmon Creek, at
Bean Avenue and the Ranger Station.
NOAA is not proposing to change the
definition of MPWC used by current GFNMS
regulations in this proposed rule. However,
NOAA has proposed to consolidate and
standardize definitions that are common to
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all sanctuaries (including modifications to
definition of MPWC) in a separate
rulemaking (78 FR 5998) published January
28, 2013. The reasoning behind and impacts
of this proposal are being analyzed as part of
the separate rulemaking with a separate
public review process. A final rule is
currently in development for this separate
action.
Prohibit Low Flying Aircraft in Designated
Zones
NOAA proposes to prohibit disturbing
marine mammals or seabirds by flying
motorized aircraft at less than 1,000 feet over
the waters within one nautical mile of
SWPZs except for enforcement purposes.
Similar to the current regulations applying to
the existing sanctuary, NOAA would
presume that a failure to maintain a
minimum altitude of 1,000 feet above ground
level over such waters disturbs marine
mammals or seabirds. NOAA is proposing to
add two discrete SWPZs with overflight
restrictions in the proposed expanded area,
as described below. The new SWPZs would
implement restrictions to disturbing marine
mammals or seabirds by flying a motorized
aircraft as well as to the sailing of cargo
vessels. In this section, NOAA describes the
effect of the new SWPZs to low overflight
regulations and describes the restrictions to
cargo vessel use in the following section.
SWPZs would be defined as areas of high
biological diversity and/or abundance of
species including federally listed and
specially protected species. In particular
these areas are white shark, seabird, and
marine mammal (pinniped) ‘‘hotspots’’.
White shark hotspots contain globally
significant concentrations of white sharks.
Seabird hotspots are areas with important
populations, species diversity, and which
support a high concentration of nesting and
roosting birds. Pinniped hotpots provide vital
habitat for pupping seals and sea lions. In the
proposed new boundaries for GFNMS,
SWPZs would be established where such
hotspots are susceptible to disturbance by
low flying aircraft, cargo vessel operations, or
in the case of white sharks, tourism vessels.
Therefore, SWPZs are proposed to better
encompass areas needing protection from
certain human activities and to provide
consistency between the existing and
proposed areas of GFNMS.
Two new SWPZs would be created in the
proposed expansion area. The first zone,
SWPZ 1, would extend south along the coast
from Havens Neck in Mendocino County
approximately 10 miles to Del Mar Point in
Sonoma County and from the Mean High
Water Line approximately 1.75 miles
seaward. The size of the zone would be
approximately 10.5 square miles. The
overflight time would be about 200 seconds
(3.33 minutes) for an aircraft traveling at 120
miles per hour. SWPZ 1 would include
observed pinniped haul-out areas, 3 species
of breeding seabird colonies and one roosting
seabird species at Fish Rocks; and observed
pinniped haul-out areas and 5 species of
breeding seabirds at Gualala Point Island.
The second zone, SWPZ 2, would extend
south along the coast from Windermere
Point, north of the Russian River in Sonoma
County, approximately 14 miles to Duncans
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Point and from the Mean High Water Line
approximately 1.85 miles seaward. The size
of the zone would be approximately 21.4
square miles. The overflight time would be
about 375 seconds (6.25 minutes) for an
aircraft traveling at 120 miles per hour.
SWPZ 2 would include observed Steller Sea
Lion haul out areas at Northwest Cape (Fort
Ross); and harbor seal haul out areas and 5
species of breeding seabirds throughout the
entire Russian River Colony Complex, which
is a system of offshore rocks north and south
of the Russian River. The seven zones would
include 11 seabird hotspots and 9 pinniped
hotspots within the existing sanctuary and
the proposed sanctuary expansion area.
Many of these ‘‘hotspots’’ are ‘‘colony
complexes’’ which means that the area may
include cliffs (used by seabirds), clusters of
rocks, or tidal mudflat islands (used by
pinnipeds). The combined area for all 7
SWPZs would cover 2.77% of sanctuary
waters (approximately 91.5 square miles).
Prohibit Cargo Vessels in Designated Zones
Currently NOAA prohibits cargo vessels
from transiting closer than two nautical miles
of the Farallon Islands, Bolinas Lagoon, or
any ASBS to prevent wildlife disturbance
and minimize the risk of oil spills in these
areas. NOAA is proposing to extend the
current prohibition on cargo vessels
transiting close to sensitive wildlife areas in
the sanctuary to the proposed expanded area
by proposing a total of two new cargo
prohibition zones in the proposed expansion
area.
The two proposed new cargo vessel
restriction zones in the proposed expansion
area would be based on the proposed SWPZs,
as described above. Combined area of new
proposed cargo vessel zones in expansion
area would be approximately 61.7 square
miles. These two new SWPZs would be
inshore of known cargo vessel traffic routes,
therefore NOAA does not expect them to
interfere significantly with current cargo
vessel traffic.
Add New Regulations
Prohibit Interference With an Investigation
NOAA proposes to add a new regulation to
enhance an existing statutory prohibition on
interfering with, obstructing, delaying, or
preventing an investigation, search or seizure
in connection with an enforcement action
related to the National Marine Sanctuaries
Act (NMSA; 16 U.S.C. 1431 et seq.).
Exemption for Authorized Activities
Current GFNMS permit regulations do not
allow NOAA to authorize any prohibited
activity other than through the issuance of a
national marine sanctuary permit. With this
action, NOAA is proposing to add to GFNMS
regulations the authority to authorize certain
activities such as the discharge, construction,
drilling, dredging or other disturbance on
submerged land, taking and possessing a
marine mammal, sea turtle, or bird, and
possessing historical resources, as long as
those activities are permitted or licensed by
another federal, State, or local agency, and as
long as the applicant complies with any
terms and conditions deemed necessary to
protect sanctuary resources and qualities. In
addition, NOAA is proposing as part of a
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separate rulemaking to add to GFNMS
regulations the authority to authorize new or
amended existing operations of commercial
mariculture activities in state waters
involving certain introduced species of
shellfish that are determined to be noninvasive (79 FR 17073). In the case of
authorization, the activity would have to
comply with such terms, but would not have
to fit within the categories of activities for
which a sanctuary permit may be obtained.
The activities would have to be authorized by
the Sanctuary Superintendent, with authority
delegated from the ONMS Director, under 15
CFR 922.83(d)and 15 CFR 922.49. This
authorization provision is similar to that in
the existing regulations for MBNMS and five
other national marine sanctuaries. The
Sanctuary Superintendent may also deny an
authorization or condition an approval to
protect sanctuary resources.
The exemption for authorized activities in
this proposed rule would result in a new
management authority in GFNMS as it
currently stands as well as in the proposed
expanded sanctuary.
In addition, NOAA is proposing to amend
in the GFNMS regulations the explanation of
the procedure by which preexisting leases,
permits, licenses, or rights of subsistence use
or access applying to the expansion area and
in existence on the effective date of the
sanctuary expansion may be certified (see 15
CFR 922.84), to clarify that the certification
process would only be in place in the
expansion area.
Cordell Bank National Marine Sanctuary
Regulations
This section describes the changes NOAA
is proposing to make to the regulations for
CBNMS to implement the proposed
expansion of the sanctuary, which is the
basis for this rulemaking. It is organized by
type of regulatory amendments as follows:
—It includes proposed changes to the
boundary description;
—It would apply existing regulations without
changes to the proposed expansion area for
certain regulations and exceptions related
to discharge, prohibiting oil, gas and
minerals exploration, taking and
possessing certain species, introducing
introduced species, exemptions for
Department of Defense and emergency
response, permit criteria and requirements,
and issuance of emergency regulations;
—It would amend an existing regulation
regarding graywater discharge and apply it
to both the existing sanctuary and
proposed expansion area;
—It would add new regulations related to
disturbing historical resources, interference
with an investigation and the ability for
NOAA to authorize certain activities
otherwise prohibited.
Boundary Expansion
NOAA is proposing to modify the
boundary of CBNMS. The proposed new
boundary for CBNMS would increase the size
of the sanctuary from approximately 528
square miles (399 nautical square miles) to
1,286 square miles (971 nautical square
miles) and would include the waters and
submerged lands north and west of the
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current sanctuary. The larger boundary for
CBNMS would include Bodega Canyon, a
significant bathymetric feature that
contributes directly to the biological
productivity of the existing sanctuary
ecosystem but is not currently part of
CBNMS. Submarine canyons support deep
water communities and affect local and
regional water circulation patterns. The
eastern and northern boundaries of CBNMS
would be coterminous with GFNMS.
Extension of Existing Regulations Without
Changes to Proposed Expansion Area
Prohibition on Certain Discharges
Generally, discharging or depositing any
material or other matter from within or into
the sanctuary are prohibited in the existing
sanctuary and would be prohibited in the
proposed expansion area as well. The
exceptions currently in place for some
activities would apply in the proposed
expansion area as well and are described
below. The prohibition would apply not only
to discharges and deposits originating in the
sanctuary (e.g., from vessels in the
sanctuary), but also, for example, from
discharges and deposits occurring above the
sanctuaries. A description of the impacts of
this discharge regulation can be found in the
discussion of the proposed action in the DEIS
published concurrently with this proposed
rule. NOAA is proposing to extend the
following exceptions to the CBNMS
discharge/deposit prohibition to the
expansion area:
1. The discharge/deposit of fish, fish parts,
chumming materials or bait would be
allowed as long as they were made during the
conduct of lawful fishing activities within
the sanctuary. This existing regulation would
be applied to the expansion area without
amendment. A description of the impacts of
this regulation can be found in the discussion
of the proposed action in the DEIS published
concurrently with this proposed rule.
2. The discharge/deposit of clean effluent
generated incidental to vessel use and
generated by a Type I or II marine sanitation
device approved by the United States Coast
Guard in accordance to section 312 of the
Federal Water Pollution Control Act, as
amended, (FWPCA; 33 U.S.C. 1322) would be
allowed for vessels less than 300 gross
registered tons (GRT) or for vessels 300 GRT
or above without sufficient holding tank
capacity to hold sewage while within the
sanctuary. This existing regulation would be
applied to the expansion area without
amendment. A description of the impacts of
this regulation can be found in the discussion
of the proposed action in the DEIS published
concurrently with this proposed rule.
3. The discharge/deposit of clean vessel
engine cooling water, clean vessel generator
cooling water, clean bilge water, anchor
wash, vessel engine or generator exhaust
from all vessels, including cruise ships,
would be allowed. An additional exception
of clean vessel deck wash down would apply
to all vessels other than cruise ships as
defined above in the existing sanctuary and
the expansion area. The discharge/deposit of
oily waste from bilge pumping would be
prohibited from any vessel if the waste
contained any detectable levels of harmful
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matter. In this case, a detectable level of oil
would be interpreted to include anything that
produced a visible sheen. A description of
the impacts of this regulation can be found
in the discussion of the proposed action in
the DEIS published concurrently with this
proposed rule.
Prohibit Oil, Gas, or Minerals Exploration
NOAA is proposing to apply to the
proposed expansion area for CBNMS an
existing provision that would prohibit
exploring for, developing or producing oil,
gas, or minerals within CBNMS.
Prohibit the Take and Possession of Certain
Species
NOAA is proposing to extend to the
proposed expansion area for CBNMS an
existing provision that prohibits the taking or
possession of any marine mammal, sea turtle
or bird within or above the sanctuary unless
it is 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. A description of
the impacts of this regulation can be found
in the discussion of the proposed action in
the DEIS published concurrently with this
proposed rule.
Prohibit the Introduction of Introduced
Species
NOAA is proposing to extend to the
proposed expansion area for CBNMS a
provision that would prohibit introducing or
otherwise releasing from within or into the
sanctuary an introduced species, except
striped bass (Morone saxatilis) released in the
sanctuary during catch and release fishing.
The rationale for this proposed regulation is
the same as that for the proposed introduced
species regulation for GFNMS.
Exemption for Department of Defense
Activities
NOAA proposes to extend to the proposed
expansion area for CBNMS the existing
provision that would exempt the Department
of Defense (DOD) from sanctuary regulations
for activities carried out before the effective
date of designation (for current CBNMS
boundary) or before the effective date of
expansion (for proposed expanded area) that
are necessary for national defense. DOD
activities necessary for national defense
initiated after the effective date of
designation (for current CBNMS boundary) or
expansion date (for proposed expanded area)
could be exempted after consultation
between DOD and the Sanctuary
Superintendent, with authority delegated
from the ONMS Director. DOD activities not
necessary for national defense, such as
routine exercises and vessel operations,
would be subject to all prohibitions that
apply to CBNMS.
Exemption for Emergencies
NOAA proposes to apply to the proposed
expansion area for CBNMS the existing
exemption for activities necessary to respond
to an emergency threatening life, property, or
the environment.
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Exemption for Permitted Activities
NOAA proposes to provide an exemption
for activities that are permitted by the
Sanctuary Superintendent, with authority
delegated from the ONMS Director, in
accordance with the permit issuance criteria
found in 15 CFR 922.48 and 15 CFR 922.113.
The Sanctuary Superintendent may issue a
sanctuary permit to: (1) Further research or
monitoring related to sanctuary resources
and qualities; (2) further the educational
value of the sanctuary; (3) further salvage or
recovery operations; or (4) assist in managing
the sanctuary. It is important to note that
permits would only be available for activities
that otherwise violate the regulations at 15
CFR 922.112, (a)(2) through (a)(7). No permit
could be issued for activities that violate 15
CFR 922.112(a)(1), which prohibits the
exploration for, development, or production
of oil, gas or minerals within the sanctuary.
Provision for Emergency Regulation
NOAA proposes to extend to the proposed
expansion area for CBNMS a provision that
would allow NOAA to issue emergency
regulations, within the limits of the NMSA,
for no more than 120 days in order to prevent
immediate, serious, and irreversible damage
to a sanctuary resource.
Amend Existing Regulations
Regulations That Would Apply to Both
Existing Sanctuary and Proposed Expansion
Area
Prohibition on Certain Discharges
The discharge/deposit of graywater, as
defined by section 312 of the FWPCA, by
vessels less than 300 GRT, or vessels 300
GRT or greater without sufficient holding
tank capacity to hold graywater while within
the sanctuary would be excepted. This
exception is intended to allow small vessels
producing a small amount of waste to
continue operating within the sanctuary.
This exception would not apply to cruise
ships, as defined above. This regulation does
not currently exist in CBNMS; its
promulgation would result in new sanctuary
protection measure in both CBNMS as it
currently stands as well as in the proposed
expanded sanctuary. This new exemption
would allow some vessels to discharge clean
graywater within the sanctuary (which is
currently prohibited) as well as in the
proposed expansion area. However, larger
vessels greater than 300 GRT that have
holding capacity would be prohibited from
discharging gray water anywhere in either
sanctuary. A description of the impacts of
this regulation can be found in the discussion
of the proposed action in the DEIS published
concurrently with this proposed rule.
This rule would extend to the proposed
expansion area for CBNMS a provision that
also prohibits the discharge/deposit
originating outside the boundary of CBNMS
that subsequently would enter the sanctuary
and injure a sanctuary resource or quality.
This existing regulation would be applied to
the expansion area, with the addition of the
exception for a vessel less than 300 GRT or
a vessel 300 GRT or greater without sufficient
holding capacity to hold the graywater while
within the Sanctuary, as mentioned above. A
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description of the impacts of this regulation
can be found in the discussion of the
proposed action in the DEIS published
concurrently with this proposed rule.
Add New Regulations
Prohibit the Disturbance of Historic
Resources
NOAA is proposing to prohibit the
disturbance of, or attempts to disturb, a
sanctuary historical resource. This
modification would add protection to these
fragile, finite, and non-renewable resources
so they may be studied, and appropriate
information may be made available for the
benefit of the public. This rule would also
prohibit the possession of a sanctuary
historical resource, and would provide for
comprehensive protection of sanctuary
resources by making it illegal to possess
historical resources in any geographic
location. For example, this rule would make
it illegal for anyone to possess an artifact
taken from a shipwreck in CBNMS even if
the individual is no longer in the sanctuary.
While the presence of historical resources on
Cordell Bank or in its surrounding waters is
not known, such resources could exist. Since
the proposed expanded sanctuary would be
considerably larger in size, there may be
submerged resources requiring protection
that have yet to be discovered.
Prohibit Interference With an Investigation
NOAA proposes to add a new regulation to
implement an existing statutory prohibition
on interfering with, obstructing, delaying, or
preventing an investigation, search or seizure
in connection with an enforcement action
related to the National Marine Sanctuaries
Act (NMSA; 16 U.S.C. 1431 et seq.).
Exemption for Authorized Activities
Current CBNMS permit regulations do not
allow the authorization of any prohibited
activity other than through the issuance of a
national marine sanctuary permit.
NOAA is proposing to add to CBNMS
regulations the authority to authorize certain
activities such as the discharge, construction,
drilling, dredging or other disturbance on
submerged land outside of the line
representing the 50-fathom isobath around
Cordell Bank, taking and possessing a marine
mammal, sea turtle, or bird, and possessing
historical resources, as long as those
activities are permitted or licensed by
another federal or State agency, and as long
as the applicant complies with any terms and
conditions deemed necessary to protect
sanctuary resources and qualities. In the case
of authorization, the activity would have to
comply with such terms, but would not have
to fit within the categories of activities for
which a sanctuary permit may be obtained.
The activities would have to be authorized by
the Sanctuary Superintendent, with authority
delegated from the ONMS Director, under 15
CFR 922.112(d) and 15 CFR 922.49. This
authorization provision is similar to that in
the existing regulations for MBNMS and five
other national marine sanctuaries. The
Sanctuary Superintendent may also deny an
authorization or condition an approval to
protect sanctuary resources.
The exemption for authorized activities in
this proposed rule would result in a new
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management authority in CBNMS as it
currently stands as well as in the proposed
expanded sanctuary.
IV. Classification
National Environmental Policy Act
NOAA has prepared a draft environmental
impact statement to evaluate the
environmental effects of the proposed
rulemaking. Copies are available at the
address and Web site listed in the ADDRESSES
section of this proposed rule. Responses to
comments received on this proposed rule
will be published in the final environmental
impact statement and preamble to the final
rule.
Coastal Zone Management Act
Section 307 of the Coastal Zone
Management Act (CZMA; 16 U.S.C. 1456)
requires Federal agencies to consult with a
state’s coastal program on potential Federal
regulations having an effect on state waters.
NOAA will submit a copy of this proposed
rule and supporting documents to the
California Coastal Commission for evaluation
of Federal consistency under the CZMA.
Executive Order 12866: Regulatory Impact
Under Executive Order 12866, if the
proposed regulations are ‘‘significant,’’ as
defined in section 3(f) of the Order, an
assessment of the potential costs and benefits
of the regulatory action must be prepared and
submitted to the Office of Management and
Budget. This proposed rule has been
determined to be not significant within the
meaning of Executive Order 12866.
Executive Order 13132: Federalism
Assessment
NOAA has concluded that this regulatory
action does not have federalism implications
sufficient to warrant preparation of a
federalism assessment under Executive Order
13132.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Executive Order 13175: Tribal Consultation
and Collaboration
Representatives from the Manchester Band
of Pomo Indians, Kashia Band of Pomo
Indians of Stewarts Point Rancheria, and
Federated Indians of Graton Rancheria were
invited in writing to consult with NOAA
under Executive Order 13175. As of
publication date of this notice of proposed
rulemaking, NOAA has not received answers
to the consultation letters. However, NOAA
will continue to seek their participation in
the development of this rulemaking.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the
Department of Commerce certified to the
Chief Counsel for Advocacy of the Small
Business Administration that this proposed
rule, if adopted, would not have a significant
economic impact on a substantial number of
small entities. The factual basis for this
certification is as follows:
The Small Business Administration has
established thresholds on the designation of
businesses as ‘‘small entities’’. A fishharvesting business is considered a small
business if has annual receipts not in excess
of $3.5 million (13 CFR 121.201). Sports and
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recreation businesses and scenic and
sightseeing transportation businesses are
considered small businesses if they have
annual receipts not in excess of $6 million
(13 CFR 121.201). According to these limits,
each of the businesses potentially affected by
the proposed rule, except those in the oil and
gas and commercial marine transportation
businesses would most likely be small
businesses.
The analysis presented here is based on
limited quantitative information on how
much activity occurs within the boundaries
of the proposed expansion areas for CBNMS
and GFNMS, except for commercial fishing
operations.
In 2013, NOAA conducted a study on the
economic impact of California’s commercial
fisheries in all four California national
marine sanctuaries, including the expansion
area for the CBNMS and GFNMS. NOAA
obtained commercial fishing data from the
California Department of Fish and Wildlife
(CDFW) for years 2000 to 2012. In 2012, there
were a little over 200 fishing operations that
made some catch from the CBNMS–GFNMS
expansion area. These operations had harvest
revenue of $6.55 million (measured in 2013
dollars using the Consumer Price Index,
which generated income (including
multiplier impacts) of $5.45 million and 246
full and part-time jobs.
Methodology. Due to the lack of
quantitative data on the number of
businesses directly affected by the proposed
regulations and their levels of revenues, costs
and profits from their activities in the
CBNMS–GFNMS expansion area, the
assessment here is qualitative.
Scales Used for Assessing Impacts. For
assessing levels of impacts within an
alternative, NOAA used three levels plus ‘‘no
impacts’’. The three levels are ‘‘negligible’’,
‘‘moderate’’ and ‘‘high.’’
For levels of impacts within a proposed
alternative, negligible means very low
benefits, costs, or net benefits (less than 1%
change). Moderate impacts would be more
than 1% and less than or equal to 10%), and
high impacts would be more than 10%. For
market economic values (revenue, costs, and
profits), negligible would mean no likely
impact whereas moderate and high could
mean some measurable impact on market
economic values at the levels noted above.
NOAA analyzed five regulatory alternatives
(Proposed Action, No Action, Existing
Regulations, Arena Cove Boundary, and
Alternative Motorized Personal Watercraft
(MPWC) Zones.) User groups that entail
small businesses included commercial
fishing operation, recreation-tourism related
businesses, and land use and development
businesses. Other user groups included in the
full regulatory impact review and not
included here are research and education,
people who receive passive economic use
value from improvements in natural resource
qualities/quantities, businesses in offshore
energy (oil and gas industry and alternative
energy such as wave and wind energy firms)
and those firms involved in marine
transportation. Firms involved in offshore
energy and marine transportation directly
affected by the proposed regulations were
judged not to be small businesses.
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NOAA assessed three types of regulations
included in the proposed action (discharges,
submerged lands—seabed alterations, and
introduced species), plus the impact of all
regulations combined. Oil and gas
regulations addressed in the full regulatory
impact review are not discussed here since
the oil and gas industry is judged not to
involve small businesses.
Proposed Action
Discharge Regulations. Under the proposed
rule, NOAA would require commercial
fishing operations and businesses involved in
providing guide services in the recreationtourism industry (e.g. charter and party boat
fishing operations and whale-watching or
other wildlife observation or guide
businesses) to hold and dispose of wastes
prohibited by the regulations from discharge
or deposit within the sanctuary until they are
outside sanctuary boundaries. NOAA expects
negligible costs from these regulations for all
these operations. NOAA’s proposed
exemption for graywater discharges for
vessels under 300 gross registered tons (GRT)
or over 300 GRT but without sufficient
holding tank capacity, would lessen the
impact of the regulation in the sanctuary, and
therefore would reduce the cost of
compliance. NOAA expects both the
commercial fishing industry and the
recreation-tourism industry to receive
moderate net benefits from these regulations
in that habitat qualities would improve
generating increased fish stocks for
commercial and recreational fishing and
improvements in the qualities that the
recreation-tourism industry depends upon
resulting in increased business revenues and
profits. Thus, NOAA expects that the
commercial fishing and recreation-tourism
industries would benefit from the discharge
regulations. NOAA expects the proposed
action to generate a mid-range level of costs
and mid-range levels of costs with a midrange level of net benefits compared with all
other regulatory alternatives. Land use and
development businesses would not be
directly affected by the discharge regulations.
Submerged lands—Seabed Alteration
Regulations. Regulations prohibiting
disturbances of the seabed would impact the
commercial fishing industry, the recreationtourism industry, and land use and
development industry. NOAA expects all of
these industries to receive moderate net
benefits from these regulations because of the
improvement or maintenance of habitat
qualities that these industries depend upon.
NOAA also expects businesses in these
industries to experience negligible increases
in costs of operations. The land use—
development industry would be expected to
benefit through increased property values.
There are many examples in the economics
literature showing that property values are
enhanced when located near protected areas.
Because of the exemptions, permit, and
authorization processes in the proposed
action, which may allow for some activities
that disturb the seabed, costs are less than the
alternative of extending existing regulations
in the current sanctuaries to the proposed
expansion area and would be expected to be
in the mid-range of costs across all
alternatives.
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TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Introduced Species Regulations. Baiting
and processing can be pathways for
introduction of invasive species. The
proposed action could potentially require
commercial and recreational fishing
operations to alter their baiting methods to
reduce the likelihood for the introduction of
invasive species into the proposed sanctuary
expansion areas, but this is not likely because
no known non-native species are currently
being used as bait in these areas. No current
operations involving fish processing vessels
within the expansion area are known. NOAA
expects the proposed action to limit
competition between introduced and native
species and provide ongoing stability to
native populations of harvested species.
Thus, NOAA expects these regulations to
result in moderate benefits and net benefits
to the commercial fishing industry, the
recreation-tourism industry and businesses
in the land use and development industry as
habitat qualities are maintained or improved,
while resulting in negligible costs to
businesses in the commercial and
recreational fishing industry. Again, the
businesses in land use and development
would benefit through enhanced property
values. The proposed action is in the midrange of benefits, costs and net benefits for
the commercial fishing and recreationtourism industry businesses across all
regulatory alternatives, while land use and
development would be expected to be in the
mid-range of benefits and net benefits and no
costs.
All Regulations. NOAA expects the
combined effects of all of the regulations in
the proposed action to generate moderate
benefits and net benefits to businesses in all
three industries, while imposing negligible
costs. NOAA also expects the proposed
action to result in a mid-range of benefits and
net benefits to businesses in all three
industries, while imposing next to the lowest
costs across all regulatory alternatives
analyzed in the draft environmental impact
statement.
Because the impacts of this proposed rule
on commercial fishing, recreational tourism,
and land use and development businesses are
minimal, the Chief Counsel for Regulation
certified to the Chief Counsel for Advocacy
at SBA that this rulemaking would not have
a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
ONMS has a valid Office of Management
and Budget (OMB) control number (0648–
0141) for the collection of public information
related to the processing of ONMS permits
across the National Marine Sanctuary
System. NOAA’s proposal to expand GFNMS
and CBNMS would likely result in an
increase in the number of requests for ONMS
general permits, special use permits, and
authorizations due to the increase in the
spatial extent of the applicable regulations
for these sanctuaries and the addition of the
authority to authorize other valid federal,
state, or local leases, permits, licenses,
approvals, or other authorizations. An
increase in the number of ONMS permit
requests would require a change to the
reporting burden certified for OMB control
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number 0648–0141. An update to this control
number for the processing of ONMS permits
would be requested as part of the final rule
for sanctuary expansion.
Send comments regarding the burden
estimate for this data collection requirement,
or any other aspect of this data collection,
including suggestions for reducing the
burden, to NOAA (see ADDRESSES) and by
email to OIRA_submission@omb.eop.gov, or
fax to (202) 395–7285. Notwithstanding any
other provision of law, no person is required
to respond to, nor shall any person be subject
to a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act, unless that collection of information
displays a currently valid OMB control
number.
V. Request for Comments
NOAA requests comments on this
proposed rule by June 30, 2014.
VI. References
A complete list of all references cited
herein is available upon request (see
ADDRESSES section).
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Coastal zone, Historic
preservation, Intergovernmental
relations, Marine resources, Natural
resources, Penalties, Recreation and
recreation areas, Reporting and
recordkeeping requirements, Wildlife.
Dated: April 4, 2014.
Holly A. Bamford,
Assistant Administrator, for Ocean Services
and Coastal Zone Management.
Accordingly, for the reasons
discussed in the preamble, the National
Oceanic and Atmospheric
Administration proposes to amend 15
CFR part 922 as follows:
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:
■
Authority: 16 U.S.C. 1431 et seq.
2. Amend § 922.49 by revising
paragraphs (a),(b), and(c) to read as
follows:
■
§ 922.49 Notification and review of
applications for leases, licenses, permits,
approvals, or other authorizations to
conduct a prohibited activity.
(a) A person may conduct an activity
prohibited by subpart H, subparts K
through P, or subpart R, if such activity
is specifically authorized by any valid
Federal, State, or local lease, permit,
license, approval, or other authorization
issued after the effective date of
Sanctuary designation, or in the case of
the Florida Keys National Marine
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Sanctuary after the effective date of the
regulations in subpart P, provided that:
*
*
*
*
*
(b) Any potential applicant for an
authorization described in paragraph (a)
of this section may request the Director
to issue a finding as to whether the
activity for which an application is
intended to be made is prohibited by
subpart H, subparts K through P, or
subpart R, as appropriate.
(c) Notification of filings of
applications should be sent to the
Director, Office of Ocean and Coastal
Resource Management at the address
specified in subpart H, subparts K
through P, or subpart R, as appropriate.
A copy of the application must
accompany the notification.
*
*
*
*
*
■ 3. Revise part 922 Subpart H to read
as follows:
Subpart H—Gulf of the Farallones
National Marine Sanctuary
§ 922.80
Boundary.
(a) Gulf of the Farallones National
Marine Sanctuary (Sanctuary)
encompasses an area of approximately
2,490 square nautical miles (3,297
square miles) of coastal and ocean
waters, and submerged lands
thereunder, surrounding the Farallon
Islands and Noonday Rock along the
northern coast of California. The precise
boundary coordinates are listed in
Appendix A to this subpart.
(b) The western boundary of the
Sanctuary extends south from Point 1
approximately 45 nautical miles (52
miles) to Point 2, which is the
northwestern corner of Cordell Bank
National Marine Sanctuary (CBNMS).
The Sanctuary boundary then extends
from Point 2 approximately 38 nautical
miles (43 miles) east along the northern
boundary of CBNMS to Point 3, which
is approximately 7 nautical miles (8
miles) west of Bodega Head. From Point
3 the Sanctuary boundary continues to
south and west to Points 4 through
Point 19 (in numerical sequence) and is
coterminous with the eastern boundary
of CBNMS. From Point 19 the Sanctuary
boundary continues south and east to
Points 20 through 25 (in numerical
sequence) until it intersects the
boundary for Monterey Bay National
Marine Sanctuary (MBNMS) at Point 26.
From Point 26 the Sanctuary boundary
extends eastward and northward,
coterminous with MBNMS, to Points 27
through 33 (in numerical sequence).
From Point 33 the boundary proceeds
along a straight line arc towards Point
34 until it intersects the Mean High
Water Line at Rocky Point, California.
From this intersection the Sanctuary
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boundary follows the Mean High Water
Line northward until it intersects the
boundary for Point Reyes National
Seashore approximately 0.7 nautical
miles (0.8 miles) south and east of
Bolinas Point in Marin County,
California. The Sanctuary boundary
then approximates the boundary for
Point Reyes National Seashore, as
established at the time of designation of
the Sanctuary, to the intersection of the
Point Reyes National Seashore boundary
and the Mean High Water Line
approximately 0.13 nautical miles (0.15
miles) south and east of Duck Cove in
Tomales Bay. The Sanctuary boundary
then follows the Mean High Water Line
along Tomales Bay and Giacomini
Wetland and up Lagunitas Creek to the
U.S. Highway 1 Bridge. Here the
Sanctuary boundary crosses Lagunitas
Creek and follows the Mean High Water
Line north to the Estero de San Antonio
and up the Estero to the tide gate at
Valley Ford-Franklin School Road. Here
the Sanctuary boundary crosses the
Estero de San Antonio and proceeds
west and north following the Mean High
Water Line to the Estero Americano and
up the Estero to the bridge at Valley
Ford-Estero Road. Here the Sanctuary
boundary crosses the Estero Americano
and proceeds west and north following
the Mean High Water Line to the
Salmon Creek Estuary. At the Salmon
Creek Estuary the boundary continues
along the Mean High Water Line of the
southern shore of the Salmon Creek
Estuary until it intersects a straight line
arc connecting Point 35 and Point 36. At
that intersection the boundary extends
across the estuary towards Point 36
until it intersects the Mean High Water
Line of the northern shore of the Salmon
Creek Estuary. From this intersection
the boundary follows the Mean High
Water Line to the Russian River. At the
Russian River the boundary continues
along the Mean High Water Line of the
southern shore of the Russian River
until it intersects a straight line arc
connecting Point 37 and Point 38. At
that intersection the boundary extends
across the river towards Point 38 until
it intersects the Mean High Water Line
of the northern shore of the Russian
River. From this intersection the
boundary follows the Mean High Water
Line to the Gualala River. At the Gualala
River the boundary continues along the
Mean High Water Line of the southern
shore of the Gualala River until it
intersects a straight line arc between
Point 39 and Point 40. At that
intersection the boundary extends
across the river towards Point 40 until
it intersects the Mean High Water Line
of the northern shore of the Gualala
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River. From this intersection the
boundary follows the Mean High Water
Line to Arena Cove in Mendocino
County. At Arena Cove the boundary
continues along the Mean High Water
Line of the southern shore of Arena
Cove until it intersects a straight line arc
connecting Point 41 and Point 42. At
that intersection the boundary extends
across the cove towards Point 42 until
it intersects the Mean High Water Line
of the northern shore of Arena Cove.
From this intersection the boundary
follows the Mean High Water Line north
to the Garcia River. At the Garcia River
the boundary continues along the Mean
High Water Line of the southern shore
of the Garcia River until it intersects a
straight line arc connecting Point 43 and
Point 44. At that intersection the
boundary extends across the river
towards Point 44 until it intersects the
Mean High Water Line of the northern
shore of the Garcia River. The Sanctuary
boundary then continues to follow the
Mean High Water Line until it intersects
the rhumb line connecting Point 45 at
Manchester Beach in Mendocino
County, California and Point 46. From
this intersection the Sanctuary
boundary continues west along its
northernmost extent to Point 46. The
Sanctuary includes Bolinas Lagoon,
Estero de San Antonio (to the tide gate
at Valley Ford-Franklin School Road)
and Estero Americano (to the bridge at
Valley Ford-Estero Road), as well as
Bodega Bay, but does not include
Bodega Harbor, the Salmon Creek
Estuary, the Russian River Estuary, the
Gualala River Estuary, the portion of
Arena Cove from the end of the pier
eastward, or the Garcia River Estuary.
Unless otherwise specified, where the
Sanctuary boundary crosses a waterway,
the Sanctuary excludes this waterway.
§ 922.81
Definitions.
In addition to those definitions found
at § 922.3, the following definitions
apply to this subpart:
Attract or attracting means the
conduct of any activity that lures or may
lure any animal in the Sanctuary by
using food, bait, chum, dyes, decoys
(e.g., surfboards or body boards used as
decoys), acoustics or any other means,
except the mere presence of human
beings (e.g., swimmers, divers, boaters,
kayakers, surfers).
Clean means not containing
detectable levels of harmful matter.
Cruise ship means a vessel with 250
or more passenger berths for hire.
Deserting means leaving a vessel
aground or adrift without notification to
the Director of the vessel going aground
or becoming adrift within 12 hours of its
discovery and developing and
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presenting to the Director a preliminary
salvage plan within 24 hours of such
notification, after expressing or
otherwise manifesting intention not to
undertake or to cease salvage efforts, or
when the owner/operator cannot after
reasonable efforts by the Director be
reached within 12 hours of the vessel’s
condition being reported to authorities;
or leaving a vessel at anchor when its
condition creates potential for a
grounding, discharge, or deposit and the
owner/operator fails to secure the vessel
in a timely manner.
Harmful matter means any substance,
or combination of substances, that
because of its quantity, concentration, or
physical, chemical, or infectious
characteristics may pose a present or
potential threat to Sanctuary resources
or qualities, including but not limited
to: Fishing nets, fishing line, hooks,
fuel, oil, and those contaminants
(regardless of quantity) listed pursuant
to 42 U.S.C. 101(14) of the
Comprehensive Environmental
Response, Compensation and Liability
Act at 40 CFR 302.4.
Introduced species means any species
(including, but not limited to, any of its
biological matter capable of
propagation) that is non-native to the
ecosystems of the Sanctuary; or any
organism into which altered genetic
matter, or genetic matter from another
species, has been transferred in order
that the host organism acquires the
genetic traits of the transferred genes.
Motorized personal watercraft means
any vessel, propelled by machinery, that
is designed to be operated by standing,
sitting, or kneeling on, astride, or
behind the vessel, in contrast to the
conventional manner, where the
operator stands or sits inside the vessel;
any vessel less than 20 feet in length
overall as manufactured and propelled
by machinery and that has been
exempted from compliance with the
U.S. Coast Guard’s Maximum Capacities
Marking for Load Capacity regulation
found at 33 CFR Parts 181 and 183,
except submarines; or any other vessel
that is less than 20 feet in length overall
as manufactured, and is propelled by a
water jet pump or drive.
Routine maintenance means
customary and standard procedures for
maintaining docks or piers.
Seagrass means any species of marine
angiosperms (flowering plants) that
inhabit portions of the submerged lands
in the Sanctuary. Those species include,
but are not limited to: Zostera asiatica
and Zostera marina.
Special Wildlife Protection Zones are
areas of high biological diversity and/or
abundance of species that are
susceptible to disturbance, including
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federally listed and specially protected
species. In particular these areas are
white shark, seabird and marine
mammal (pinniped) ‘‘hotspots’’. White
shark ‘‘hotspots’’ are where there are
globally significant concentrations of
white sharks. Seabird ‘‘hotspots’’ are
areas with important populations,
species diversity, and which support
high concentration of nesting and
roosting birds. Pinniped ‘‘hotpots’’
provided vital habitat for pupping seals
and sea lions. Special Wildlife
Protection Zones are established where
‘‘hotspots’’ are susceptible to
disturbance and their coordinates are
found in Appendix D of this Subpart.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
§ 922.82 Prohibited or otherwise regulated
activities.
(a) The following activities are
prohibited and thus are unlawful for
any person to conduct or to cause to be
conducted within the Sanctuary:
(1) Exploring for, developing, or
producing oil, gas or minerals.
(2) Discharging or depositing from
within or into the Sanctuary, other than
from a cruise ship, any material or other
matter except:
(i) Fish, fish parts, chumming
materials or bait used in or resulting
from lawful fishing activities within the
Sanctuary, provided that such discharge
or deposit is during the conduct of
lawful fishing activity within the
Sanctuary;
(ii) For a vessel less than 300 gross
registered tons (GRT), or a vessel 300
GRT or greater without sufficient
holding tank capacity to hold sewage
while within the Sanctuary, clean
effluent generated incidental to vessel
use by an operable Type I or II marine
sanitation device (U.S. Coast Guard
classification) that is approved in
accordance with section 312 of the
Federal Water Pollution Control Act, as
amended (FWPCA), 33 U.S.C. 1322.
Vessel operators must lock all marine
sanitation devices in a manner that
prevents discharge or deposit of
untreated sewage;
(iii) Clean vessel deck wash down,
clean vessel engine cooling water, clean
vessel generator cooling water, clean
bilge water, or anchor wash;
(iv) For a vessel less than 300 GRT or
a vessel 300 GRT or greater without
sufficient holding capacity to hold the
graywater while within the Sanctuary,
clean graywater as defined by section
312 of the FWPCA; or
(v) Vessel engine or generator exhaust.
(3) Discharging or depositing from
within or into the Sanctuary any
material or other matter from a cruise
ship except clean vessel engine cooling
water, clean vessel generator cooling
VerDate Mar<15>2010
18:15 Apr 11, 2014
Jkt 232001
water, vessel engine or generator
exhaust, clean bilge water, or anchor
wash.
(4) Discharging or depositing, from
beyond the boundary of the Sanctuary,
any material or other matter that
subsequently enters the Sanctuary and
injures a Sanctuary resource or quality,
except for the exclusions listed in
paragraphs (a)(2)(i) through (v) and
(a)(3) of this section.
(5) Constructing any structure other
than a navigation aid on or in the
submerged lands of the Sanctuary;
placing or abandoning any structure on
or in the submerged lands of the
Sanctuary; or drilling into, dredging, or
otherwise altering the submerged lands
of the Sanctuary in any way, except:
(i) By anchoring vessels (in a manner
not otherwise prohibited by this part
(see § 922.82(a)(16));
(ii) While conducting lawful fishing
activities;
(iii) Routine maintenance and
construction of docks and piers on
Tomales Bay; or
(iv) Mariculture activities conducted
pursuant to a valid lease, permit, license
or other authorization issued by the
State of California.
(6) Operating motorized personal
watercraft (MPWC), except for:
(i) Emergency search and rescue
missions or law enforcement operations
(other than routine training activities)
carried out by the National Park Service,
U.S. Coast Guard, Fire or Police
Departments or other Federal, State or
local jurisdictions; or
(ii) An MPWC equipped with an
operable Global Positional System (GPS)
unit in working condition within the
four designated zones within the
Sanctuary described in Appendix C to
this subpart.
(7) Taking any marine mammal, sea
turtle, or bird within or above the
Sanctuary, except as authorized by the
Marine Mammal Protection Act, as
amended, (MMPA), 16 U.S.C. 1361 et
seq., Endangered Species Act (ESA), as
amended, 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.
(8) Possessing within the Sanctuary
(regardless of where taken, moved or
removed from), any marine mammal,
sea turtle, or bird taken, except as
authorized by the MMPA, ESA, MBTA,
by any regulation, as amended,
promulgated under the MMPA, ESA, or
MBTA, or as necessary for valid law
enforcement purposes.
(9) Possessing, moving, removing, or
injuring, or attempting to possess, move,
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
remove or injure, a Sanctuary historical
resource.
(10) Introducing or otherwise
releasing from within or into the
Sanctuary an introduced species,
except:
(i) Striped bass (Morone saxatilis)
released during catch and release
fishing activity; or
(ii) Species cultivated by mariculture
activities in Tomales Bay pursuant to a
valid lease, permit, license or other
authorization issued by the State of
California and in effect on the effective
date of the final regulation.
(11) Disturbing marine mammals or
seabirds by flying motorized aircraft at
less than 1,000 feet over the waters
within the seven designated Special
Wildlife Protection Zones described in
Appendix D to this subpart, except
transiting Zone 6 to transport authorized
persons or supplies to or from Southeast
Farallon Island or for enforcement
purposes. Failure to maintain a
minimum altitude of 1,000 feet above
ground level over such waters is
presumed to disturb marine mammals
or seabirds.
(12) Operating any vessel engaged in
the trade of carrying cargo within an
area extending 1 nautical mile from a
designated Special Wildlife Protection
Zone described in Appendix D to this
subpart. This includes but is not limited
to tankers and other bulk carriers and
barges, or any vessel engaged in the
trade of servicing offshore installations,
except to transport persons or supplies
to or from the Islands or mainland areas
adjacent to Sanctuary waters. In no
event shall this section be construed to
limit access for fishing, recreational or
research vessels.
(13) Attracting a white shark
anywhere in the Sanctuary; or
approaching within 50 meters of any
white shark within the line
approximating 1 nautical mile around
Special Wildlife Protection Zone 6 and
7 described in Appendix D.
(14) Deserting a vessel aground, at
anchor, or adrift in the Sanctuary.
(15) Leaving harmful matter aboard a
grounded or deserted vessel in the
Sanctuary.
(16) Anchoring a vessel in a
designated seagrass protection zone in
Tomales Bay, except as necessary for
mariculture operations conducted
pursuant to a valid lease, permit or
license. The coordinates for the noanchoring seagrass protection zones are
listed in Appendix B to this subpart.
(17) Interfering with, obstructing,
delaying, or preventing an investigation,
search, seizure, or disposition of seized
property in connection with
E:\FR\FM\14APP2.SGM
14APP2
Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
enforcement of the Act or any regulation
or permit issued under the Act.
(b) All activities currently carried out
by the Department of Defense within the
Sanctuary are essential for the national
defense and, therefore, not subject to the
prohibitions in this section. The
exemption of additional activities shall
be determined in consultation between
the Director and the Department of
Defense.
(c) The prohibitions in paragraph (a)
of this section do not apply to activities
necessary to respond to an emergency
threatening life, property, or the
environment.
(d) The prohibitions in paragraphs
(a)(2) through (9) and (a)(11) through
(16) of this section do not apply to any
activity executed in accordance with the
scope, purpose, terms, and conditions of
a National Marine Sanctuary permit
issued pursuant to 15 CFR 922.48 and
922.83 or a Special Use permit issued
pursuant to section 310 of the Act.
(e) The prohibitions in paragraphs
(a)(2) through (9) and (10), for the
introduction of a introduced species
from shellfish mariculture in state
waters determined to be non-invasive,
of this section do not apply to any
activity authorized by any lease, permit,
license, approval, or other authorization
issued after the effective date of
Sanctuary designation or expansion and
issued by any Federal, State, or local
authority of competent jurisdiction,
provided that the applicant complies
with 15 CFR 922.49, the Director
notifies the applicant and authorizing
agency that he or she does not object to
issuance of the authorization, and the
applicant complies with any terms and
conditions the Director deems necessary
to protect Sanctuary resources and
qualities. Amendments, renewals, and
extensions of authorizations in
existence on the effective date of
designation or expansion constitute
authorizations issued after the effective
date of Sanctuary designation or
expansion.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
§ 922.83
criteria.
Permit procedures and issuance
(a) A person may conduct an activity
prohibited by § 922.82(a)(2) through (9)
and (a)(11) through (16) if such activity
is specifically authorized by, and
conducted in accordance with the
scope, purpose, terms and conditions of,
a permit issued under § 922.48 and this
section.
(b) The Director, at his or her
discretion, may issue a National Marine
Sanctuary permit under this section,
subject to terms and conditions as he or
she deems appropriate, if the Director
finds that the activity will:
VerDate Mar<15>2010
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Jkt 232001
(1) Further research or monitoring
related to Sanctuary resources and
qualities;
(2) Further the educational value of
the Sanctuary;
(3) Further salvage or recovery
operations; or
(4) Assist in managing the Sanctuary.
(c) In deciding whether to issue a
permit, the Director shall consider
factors such as:
(1) The applicant is qualified to
conduct and complete the proposed
activity;
(2) The applicant has adequate
financial resources available to conduct
and complete the proposed activity;
(3) The methods and procedures
proposed by the applicant are
appropriate to achieve the goals of the
proposed activity, especially in relation
to the potential effects of the proposed
activity on Sanctuary resources and
qualities;
(4) The proposed activity will be
conducted in a manner compatible with
the primary objective of protection of
Sanctuary resources and qualities,
considering the extent to which the
conduct of the activity may diminish or
enhance Sanctuary resources and
qualities, any potential indirect,
secondary or cumulative effects of the
activity, and the duration of such
effects;
(5) The proposed activity will be
conducted in a manner compatible with
the value of the Sanctuary, considering
the extent to which the conduct of the
activity may result in conflicts between
different users of the Sanctuary, and the
duration of such effects;
(6) It is necessary to conduct the
proposed activity within the Sanctuary;
(7) The reasonably expected end value
of the proposed activity to the
furtherance of Sanctuary goals and
purposes outweighs any potential
adverse effects on Sanctuary resources
and qualities from the conduct of the
activity; and
(8) Any other factors as the Director
deems appropriate.
(d) Applications. (1) Applications for
permits should be addressed to the
Director, Office of National Marine
Sanctuaries; ATTN: Superintendent,
Gulf of the Farallones National Marine
Sanctuary, 991 Marine Dr., The
Presidio, San Francisco, CA 94129.
(2) In addition to the information
listed in § 922.48(b), all applications
must include information to be
considered by the Director in paragraph
(b) and (c) of this section.
(e) The permittee must agree to hold
the United States harmless against any
claims arising out of the conduct of the
permitted activities.
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
§ 922.84
20997
Certification of other permits.
A permit, license, or other
authorization allowing activities
prohibited by sanctuary regulations,
occurring prior to the effective date of
sanctuary expansion and within the
sanctuary expansion area, must be
certified by the Director as consistent
with the purpose of the Sanctuary and
having no significant effect on
Sanctuary resources. Such certification
may impose terms and conditions as
deemed appropriate to ensure
consistency. In considering whether to
make the certifications called for in this
section, the Director may seek and
consider the views of any other person
or entity, within or outside the Federal
government, and may hold a public
hearing as deemed appropriate. Any
request for certification called for in this
section must be received by the Director
within 60 days of the effective date of
sanctuary expansion. The Director may
amend, suspend, or revoke any
certification made under this section
whenever continued operation would
violate any terms or conditions of the
certification. Any such action shall be
forwarded in writing to both the holder
of the certified permit, license, or other
authorization and the issuing agency
and shall set forth reason(s) for the
action taken.
Appendix A to Subpart H of Part 922—
Gulf of the Farallones National Marine
Sanctuary Boundary Coordinates
Coordinates listed in this Appendix are
unprojected (Geographic) and based on the
North American Datum of 1983.
Point ID
No.
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
11 ..............
12 ..............
13 ..............
14 ..............
15 ..............
16 ..............
17 ..............
18 ..............
19 ..............
20 ..............
21 ..............
22 ..............
23 ..............
24 ..............
25 ..............
26 ..............
27 ..............
E:\FR\FM\14APP2.SGM
14APP2
Latitude
39.00000
38.29989
38.29989
38.26390
38.21001
38.16576
38.14072
38.12829
38.10215
38.09069
38.07898
38.06505
38.05202
37.99227
37.98947
37.95880
37.90464
37.83480
37.76687
37.75932
37.68892
37.63356
37.60123
37.59165
37.56305
37.52001
37.50819
Longitude
¥124.33350
¥123.99988
¥123.20005
¥123.18138
¥123.11913
¥123.09207
¥123.08237
¥123.08742
¥123.09804
¥123.10387
¥123.10924
¥123.11711
¥123.12827
¥123.14137
¥123.23615
¥123.32312
¥123.38958
¥123.42579
¥123.42694
¥123.42686
¥123.39274
¥123.32819
¥123.24292
¥123.22641
¥123.19859
¥123.12879
¥123.09617
20998
Point ID
No.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
Latitude
37.49418
37.50948
37.52988
37.57147
37.61622
37.66641
37.88225
38.35055
38.35559
38.44575
38.45531
38.76231
38.76899
38.91172
38.91632
38.95404
38.96149
39.00000
39.00000
¥123.00770
¥122.90614
¥122.85988
¥122.80399
¥122.76937
¥122.75105
¥122.62753
¥123.06659
¥123.06663
¥123.12602
¥123.13469
¥123.52957
¥123.53398
¥123.71152
¥123.71152
¥123.73405
¥123.71914
¥123.69710
¥124.33350
Appendix B to Subpart H of Part 922—
No-Anchoring Seagrass Protection
Zones in Tomales Bay
Coordinates listed in this appendix are
unprojected (Geographic) and based on the
North American Datum of 1983.
ZONE 1: Zone 1 is an area of
approximately .11 square nautical miles (.15
square miles) offshore south of Millerton
Point. The eastern boundary is a straight line
arc that connects points 1 and 2 listed in the
coordinate table below. The southern
boundary is a straight line arc that connects
points 2 and 3, the western boundary is a
straight line arc that connects points 3 and
4 and the northern boundary is a straight line
arc that connects point 4 to point 5. All
coordinates are in the Geographic Coordinate
System relative to the North American Datum
of 1983.
Zone 1
Point ID
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
1
2
3
4
5
................
................
................
................
................
Latitude
38.10571
38.09888
38.09878
38.10514
38.10571
Longitude
¥122.84565
¥122.83603
¥122.84431
¥122.84904
¥122.84565
ZONE 2: Zone 2 is an area of
approximately .15 square nautical miles (.19
square miles) that begins just south of
Marconi and extends approximately 1.6
nautical miles (1.9 miles) south along the
eastern shore of Tomales Bay. The western
boundary is a series of straight line arcs that
connect point 1 to point 5 listed in the
coordinate table below. The southern
boundary is a straight line arc that extends
from point 5 towards point 6 until it
intersects the Mean High Water Line. From
this intersection the eastern boundary
follows the Mean High Water Line north
until it intersects the straight line arc that
connects point 7 to point 8. From this
intersection the northern boundary extends
to point 8. All coordinates are in the
Geographic Coordinate System relative to the
North American Datum of 1983.
VerDate Mar<15>2010
18:15 Apr 11, 2014
Zone 2
Point ID
Longitude
Jkt 232001
1
2
3
4
5
6
7
8
................
................
................
................
................
................
................
................
Latitude
38.13326
38.12724
38.12563
38.11899
38.11386
38.11608
38.14078
38.13326
Longitude
¥122.87178
¥122.86488
¥122.86480
¥122.86731
¥122.85851
¥122.85813
¥122.87433
122.87178
ZONE 3: Zone 3 is an area of
approximately .01 square nautical miles (.02
square miles) that begins just south of
Marshall and extends approximately .5
nautical miles (.6 miles) south along the
eastern shore of Tomales Bay. The western
boundary is a straight line arc that connects
point 1 to point 2 listed in the coordinate
table below. The southern boundary is a
straight line arc that extends from point 2
towards point 3 until it intersects the Mean
High Water Line. From this intersection the
eastern boundary follows the Mean High
Water Line northward until it intersects the
straight line arc that connects point 4 to point
5. From this intersection the northern
boundary extends westward along the
straight line arc that connects point 4 to point
5. All coordinates are in the Geographic
Coordinate System relative to the North
American Datum of 1983.
Zone 3
Point ID
1
2
3
4
5
................
................
................
................
................
Latitude
38.15956
38.15250
38.15292
38.16038
38.15956
Longitude
¥122.89573
¥122.89042
¥122.88984
¥122.89566
¥122.89573
ZONE 4: Zone 4 is an area of
approximately .18 square nautical miles (.21
square miles) that begins just north of Nicks
Cove and extends approximately 2.7 nautical
miles (3.1 miles) south along the eastern
shore of Tomales Bay to just south of Cypress
Grove. The western boundary is a series of
straight line arcs that connect point 1 to point
8 listed in the coordinate table below. The
southern boundary is a straight line arc that
extends from point 8 towards point 9 until
it intersects the Mean High Water Line. From
this intersection the eastern boundary
follows the Mean High Water Line north
until it intersects the straight line arc that
connects point-10 to point 11. From this
intersection the northern boundary extends
westward along the straight line arc that
connects point 10 to point 11. All
coordinates are in the Geographic Coordinate
System relative to the North American Datum
of 1983.
Zone 4
Point ID
1
2
3
4
5
6
7
................
................
................
................
................
................
................
PO 00000
Frm 00018
Latitude
38.20004
38.18881
38.18651
38.17919
38.17450
38.16869
38.16535
Fmt 4701
Sfmt 4702
Longitude
¥122.92315
¥122.91740
¥122.91404
¥122.91021
¥122.90545
¥122.90475
¥122.90308
Zone 4
Point ID
8 ................
9 ................
10 ..............
11 ..............
Latitude
38.16227
38.16266
38.20080
38.20004
Longitude
¥122.89650
¥122.89620
¥122.92174
¥122.92315
ZONE 5: Zone 5 is an area of
approximately 1.3 square nautical miles (1.6
square miles) that begins east of Lawsons
Landing and extends approximately 2.7
nautical miles (3.1 miles) east and south
along the eastern shore of Tomales Bay but
excludes areas adjacent (approximately .32
nautical miles or .37 miles) to the mouth of
Walker Creek. The eastern boundary is a
series of straight line arcs that connect point
1 to point 3 listed in the coordinate table
below. From point 3 the southern boundary
trends eastward along the straight line arc
that connects point 3 to point 4 until it
intersects the Mean High Water Line. From
this intersection the boundary follows the
Mean High Water Line northward until it
intersects the straight line arc that connects
point 5 to point 6. From this intersection the
boundary extends westward along the
straight line arc that connects point 5 to point
6. From point 6 the boundary follows the
straight lines arc that connects point 6 to
point 7, and then extends along the straight
line arc that connects point 7 to point 8 until
it again intersects the Mean High Water Line.
From this intersection the boundary follows
the Mean High Water Line until it intersects
the straight line arc that connects point 9 to
point 10. From this intersection the boundary
extends to point 10 along the straight line arc
that connects point 9 to point 10. All
coordinates are in the Geographic Coordinate
System relative to the North American Datum
of 1983.
Zone 5
Point ID
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
Latitude
38.21825
38.20666
38.19431
38.20080
38.20522
38.20366
38.20938
38.21106
38.23129
38.21825
Longitude
¥122.96041
¥122.94397
¥122.93431
¥122.92174
¥122.92446
¥122.93246
¥122.94153
¥122.93742
¥122.96293
¥122.96041
ZONE 6: Zone 6 is an area of
approximately .01 square nautical miles (.02
square miles) in the vicinity of Indian Beach
along the western shore of Tomales Bay. The
eastern boundary is a straight line arc that
connects point 1 to point 2 listed in the
coordinate table below. The southern
boundary extends westward along the
straight line arc that connects point 2 to point
3 until it intersects the Mean High Water
Line. From this intersection the eastern
boundary follows the Mean High Water Line
northward until it intersects the straight line
arc that connects point 3 to point 4. From
this intersection the northern boundary
extends eastward along the straight line arc
that connects point 4 to point 5. All
coordinates are in the Geographic Coordinate
E:\FR\FM\14APP2.SGM
14APP2
Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
System relative to the North American Datum
of 1983.
Zone 6
Point ID
1
2
3
4
5
................
................
................
................
................
Latitude
38.14103
38.13919
38.13804
38.14033
38.14103
Longitude
¥122.89537
¥122.89391
¥122.89610
¥122.89683
¥122.89537
Zone 7: Zone 7 is an area of approximately
.09 square nautical miles (.12 square miles)
that begins just south of Pebble Beach and
extends approximately 1.6 nautical miles (1.9
miles) south along the western shore of
Tomales Bay. The eastern boundary is a
series of straight line arcs that connect point
1 to point 5 listed in the coordinate table
below. The southern boundary extends along
the straight line arc that connects point 5 to
point 6 until it intersect the Mean High Water
Line. From this intersection the western
boundary extends north along the Mean High
Water Line until it intersects the straight line
arc that connects point 7 to point 8. From
this intersection the northern boundary
extends eastward along the straight line arc
that connects point 7 to point 8. All
coordinates are in the Geographic Coordinate
System relative to the North American Datum
of 1983.
Zone 7
Point ID
1
2
3
4
5
6
7
8
................
................
................
................
................
................
................
................
Latitude
38.13067
38.12362
38.11916
38.11486
38.11096
38.11027
38.13001
38.13067
Longitude
¥122.88620
¥122.87984
¥122.87491
¥122.86896
¥122.86468
¥122.86551
¥122.88749
¥122.88620
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Appendix C to Subpart H of Part 922—
Motorized Personal Watercraft Zones
and Access Routes Within the
Sanctuary
Coordinates listed in this appendix are
unprojected (Geographic) and based on the
North American Datum of 1983.
The four zones and access routes are:
(1) Motorized Personal Watercraft Zone 1
(MPWCZ 1) encompasses an area of
approximately 6.4 square nautical miles (8.5
square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
MPWCZ 1 extends due south along a
meridian from Point 1, west of Manchester
Beach in Mendocino County, to Point 2,
which is west of Arena Cove. The boundary
then follows a rhumb line east from Point 2
towards Point 3 until it intersects the Mean
High Water Line at the south end of Arena
Cove. From this intersection, the boundary
follows the Mean High Water Line until it
intersects the straight line arc that connects
Point 4 and Point 5. The boundary extends
across Arena Cove along this arc until it
intersects the Mean High Water Line on the
north side of Arena Cove. The boundary then
follows the Mean High Water Line until it
VerDate Mar<15>2010
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Jkt 232001
intersects the rhumb line that connects Point
6 and Point 7. From this intersection, the
boundary extends due west to Point 7. From
Point 7 the boundary extends due north
along the meridian that connects Point 7 and
Point 8 until it intersects the Mean High
Water Line on the north side of Point Arena.
From this intersection the boundary again
follows the Mean High Water Line until it
intersects the rhumb line connecting Point 9
and Point 10. The boundary then turns
seaward and extends due west to Point 10.
Zone 1 is bounded by:
Zone 1
Point ID
No.
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
Latitude
39.00000
38.91024
38.91024
38.91172
38.91632
38.91790
38.91790
38.95554
39.00000
39.00000
Longitude
¥123.75000
¥123.75000
¥123.71146
¥123.71152
¥123.71152
¥123.72626
¥123.74166
¥123.74166
¥123.69450
¥123.75000
(2) Motorized Personal Watercraft Zone 2
(MPWCZ 2) encompasses an area of
approximately 19.8 square nautical miles
(26.2 square miles). The precise boundary
coordinates are listed in the table following
this description. The southern boundary of
MPWCZ 2 extends due east along a rhumb
line that connects Point 1, south of Arena
Cove, to Point 2, just offshore of Haven’s
Neck in Mendocino County. From Point 2 the
boundary trends north and west, generally
parallel to the shoreline, and extends, in
sequence, to Point 3 off Iversen Point, then
to Point 4 off Saunders Landing, and then to
Point 5 off Moat. From Point 5 the boundary
follows the straight line arc that connects
Point 5 and Point 6 until it intersects the
Mean High Water Line at the south end of
Arena Cove. From this intersection, the
boundary follows the Mean High Water Line
until it intersects the straight line arc that
connects Point 7 and Point 8. The boundary
extends across Arena Cove towards Point 8
until it intersects the Mean High Water Line
on the north side of Arena Cove. The
boundary then follows the Mean High Water
Line until it intersects the meridian that
connects Point 9 and Point 10. The boundary
then extends due south to Point 10.
Zone 2 is bounded by:
Zone 2
Point ID
No.
1
2
3
4
5
6
7
8
9
................
................
................
................
................
................
................
................
................
Latitude
38.80856
38.80856
38.84514
38.85202
38.88255
38.91033
38.91172
38.91632
38.91790
Longitude
¥123.72378
¥123.60351
¥123.64738
¥123.65113
¥123.68162
¥123.71114
¥123.71152
¥123.71152
¥123.72626
(3) Motorized Personal Watercraft Zone 3
(MPWCZ 3) encompasses an area of
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20999
approximately 2.9 square nautical miles (3.8
square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
MPWCZ 3 extends due south along a
meridian from Point 1, west of Timber Cove
in Sonoma County, to Point 2, which is west
of Fort Ross Reef. The boundary then turns
east and follows a rhumb line from Point 2
to Point 3. From Point 3 the boundary turns
due north and follows the meridian from
Point 3 towards Point 4 until it intersects the
Mean High Water Line at the south end of
Timber Cove. From the south end of Timber
Cove the boundary follows the Mean High
Water Line until it intersects the rhumb line
that connects Point 5 and Point 6. From this
intersection the boundary extends due west
to Point 6.
Zone 3 is bounded by:
Zone 3
Point ID
No.
1
2
3
4
5
6
................
................
................
................
................
................
Latitude
38.53150
38.50000
38.50000
38.52519
38.53150
38.53150
Longitude
¥123.30000
¥123.30000
¥123.26896
¥123.26896
¥123.27853
¥123.30000
(4) Motorized Personal Watercraft Zone 4
(MPWCZ 4) encompasses an area of
approximately 4.6 square nautical miles (6.1
square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
MPWCZ 4 extends due south from Point 1,
off Coleman Beach in Sonoma County, to
Point 2, which is east of Bodega Head. From
Point 2 the boundary extends due east along
a rhumb line to Point 3. The boundary
continues from Point 3 though Point 10
inclusive, in numerical sequence, to form an
access route that connects to the entrance to
Bodega Harbor. From Point 10 the boundary
extends due north along the meridian that
connects Point 10 and Point 11. At Point 11
the boundary turns west and follows a rhumb
line to Point 12. At Point 12 the boundary
turns due north and follows the meridian
from Point 12 to Point 13. From Point 13 the
boundary extends due east along a rhumb
line that connects Point 13 and Point 14,
until it intersects the Mean High Water Line
at South Salmon Creek Beach. At this
intersection the boundary turns northward
and follows the Mean High Water Line until
it intersects the rhumb line that connects
Point 15 and Point 16. From this intersection
the boundary extends due west to Point 16.
Zone 4 is bounded by:
Zone 4
Point ID
No.
1
2
3
4
5
6
7
8
9
................
................
................
................
................
................
................
................
................
E:\FR\FM\14APP2.SGM
14APP2
Latitude
38.36615
38.29800
38.29800
38.27972
38.28542
38.30574
38.30574
38.28619
38.28142
Longitude
¥123.10000
¥123.10000
¥123.07374
¥123.07374
¥123.03204
¥123.04784
¥123.04987
¥123.03437
¥123.07182
21000
Zone 4
Point ID
No.
10
11
12
13
14
15
16
..............
..............
..............
..............
..............
..............
..............
Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
Latitude
38.29800
38.31278
38.31278
38.33200
38.33200
38.36615
38.36615
¥123.07182
¥123.07182
¥123.07824
¥123.07824
¥123.06928
¥123.07186
¥123.10000
Appendix D to Subpart H of Part 922—
Special Wildlife Protection Zones
Within the Sanctuary
Coordinates listed in this appendix are
unprojected (Geographic) and based on the
North American Datum of 1983.
(1) Special Wildlife Protection Zone 1
(SWPZ 1) encompasses an area of
approximately 7.9 square nautical miles (10.5
square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
SWPZ 1 extends south from Point 1, west of
Haven’s Neck in Mendocino County, to Point
2, west of Del Mar Point. The boundary then
extends east from Point 2 along a rhumb line
connecting Point 2 and Point 3 until it
intersects the Mean High Water Line at Del
Mar Point. The SWPZ 1 boundary then turns
north to follow the Mean High Water Line
towards Haven’s Neck and continues until it
intersects a rhumb line connecting Point 4
and Point 5. From this intersection the
Sanctuary boundary continues west along its
northernmost extent to Point 5.
Zone 1
Point ID
No.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
1
2
3
4
5
................
................
................
................
................
Latitude
38.80865
38.74096
38.74096
38.80865
38.80865
Longitude
¥123.63227
¥123.54306
¥123.51051
¥123.60195
¥123.63227
(2) Special Wildlife Protection Zone 2
(SWPZ 2) encompasses an area of
approximately 16.2 square nautical miles
(21.4 square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
SWPZ 2 extends south and east from Point
1, south of Windermere Point in Sonoma
County, to Point 2 and then to Point 3 in
sequence. Point 3 is west of Duncans Point
in Sonoma County. The boundary then
extends east from Point 3 along a rhumb line
connecting Point 3 and Point 4 until it
intersects the Mean High Water Line at
Duncans Point. The boundary then turns
north to follow the Mean High Water Line
towards Windermere Point until it intersects
a meridian connecting Point 5 and Point 6.
From this intersection the boundary
continues due south along a meridian to
Point 6.
Zone 2
Point ID
No.
1 ................
VerDate Mar<15>2010
Latitude
38.49854
18:15 Apr 11, 2014
Zone 2
Point ID
No.
Longitude
Longitude
¥123.26804
Jkt 232001
2
3
4
5
6
................
................
................
................
................
Latitude
38.45095
38.39311
38.39311
38.52487
38.49854
¥123.18564
¥123.12068
¥123.09527
¥123.26804
¥123.26804
(3) Special Wildlife Protection Zone 3
(SWPZ 3) encompasses an area of
approximately 7 square nautical miles (9.3
square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
SWPZ 3 extends south and east from Point
1, southwest of the Estero de San Antonio in
Sonoma County, to Point 2, south of Tomales
Point in Marin County. The boundary then
extends north and east from Point 2 along a
straight line arc connecting Point 2 and Point
3 until it intersects the boundary of the Point
Reyes National Seashore. From this
intersection the boundary follows the Point
Reyes National Seashore boundary around
Tomales Point into Tomales Bay and
continues until it again intersects the straight
line arc that connects Point 2 and Point 3.
From this intersection the boundary follows
the straight line arc north and east until it
intersects the Mean High Water Line at Toms
Point in Tomales Bay. The SWPZ 3 boundary
then follows the Mean High Water Line
northward towards the Estero de San
Antonio until it intersects the straight line
arc that connects Point 4 and Point 5. From
this intersection the Sanctuary boundary
continues south and west to Point 5.
Zone 3
Point ID
No.
1
2
3
4
5
................
................
................
................
................
Latitude
38.24001
38.19249
38.21544
38.27011
38.24001
Longitude
¥123.02963
¥122.99523
¥122.95286
¥122.97840
¥123.02963
(4) Special Wildlife Protection Zone 4
(SWPZ 4) encompasses an area of
approximately 10.2 square nautical miles
(13.5 square miles). The precise boundary
coordinates are list in the table following this
description. The western boundary of SWPZ
4 extends south and west from Point 1, west
of Point Reyes in Marin County, to Point 2,
south and west of Point Reyes Lighthouse.
The boundary then follows a straight line arc
east and south from Point 2 to Point 3. From
Point 3 the boundary follows a straight line
arc north to Point 4. From Point 4 the SWPZ
4 boundary proceeds west along the straight
line arc that connects Point 4 and Point 5
until it intersects the Point Reyes National
Seashore boundary north of Chimney Rock.
The boundary then follows the Point Reyes
National Seashore boundary around Point
Reyes until it intersects the straight line arc
that connects Point 4 and Point 5 north of the
Point Reyes Lighthouse. From this
intersection the boundary turns seaward and
continues west to Point 5.
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Zone 4
Point ID
No.
Longitude
1
2
3
4
5
................
................
................
................
................
Latitude
38.01475
37.97536
37.96521
38.00555
38.01475
Longitude
¥123.05013
¥123.05482
¥122.93771
¥122.93504
¥123.05013
(5) Special Wildlife Protection Zone 5
(SWPZ 5) encompasses an area of
approximately 14.8 square nautical miles
(19.6 square miles). The precise boundary
coordinates are listed in the table following
this description. The western boundary of
SWPZ 5 extends south and east from Point
1, near Millers Point in Marin County, to
Point 2, which is south and west of Bolinas
Point. The boundary then follows a rhumb
line east from Point 2 towards Point 3 until
it intersects the Mean High Water Line at
Rocky Point. From this intersection, the
boundary follows the Mean High Water Line
north to Bolinas Point and Millers Point,
respectively, including Bolinas Lagoon but
not including Seadrift Lagoon, until it
intersects the straight line arc that connects
Point 4 and Point 5. From this intersection
the boundary turns seaward and continues to
west and south along the straight line arc to
Point 5.
Zone 5
Point ID
No.
1
2
3
4
5
................
................
................
................
................
Latitude
37.96579
37.88195
37.88195
37.98554
37.96579
Longitude
¥122.83284
¥122.73989
¥122.62873
¥122.81172
¥122.83284
(6) Special Wildlife Protection Zone 6
(SWPZ 6) encompasses an area of
approximately 6.8 square nautical miles (9
square miles). The precise boundary
coordinates are listed in the table following
this description. The boundary of SWPZ 6
extends south and west from Point 1, north
of Southeast Farallon Island, along a straight
line arc to Point 2, then south and east along
a straight line arc to Point 3, then north and
east along a straight line arc to Point 4, then
north and west along a straight line arc to
Point 5.
Zone 6
Point ID
No.
1
2
3
4
5
................
................
................
................
................
Latitude
37.72976
37.69697
37.66944
37.70246
37.72976
Longitude
¥123.00961
¥123.04374
¥123.00176
¥122.96608
¥123.00961
(7) Special Wildlife Protection Zone 7
(SWPZ 7) encompasses an area of
approximately 6 square nautical miles (7.9
square miles). The precise boundary
coordinates are listed in the table following
this description. The boundary of SWPZ 7
extends south and west from Point 1, north
of North Farallon Island, along a straight line
arc to Point 2, then south and east along a
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
straight line arc to Point 3, then north and
east along a straight line arc to Point 4, then
north and west along a straight line arc to
Point 5.
Zone 7
Point ID
No.
1
2
3
4
5
Latitude
................
................
................
................
................
37.79568
37.76746
37.73947
37.76687
37.79568
Longitude
¥123.10845
¥123.13285
¥123.09341
¥123.06330
¥123.10845
4. Revise part 922 Subpart K to read
as follows:
■
Subpart K—Cordell Bank National
Marine Sanctuary
§ 922.110
Boundary.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
The Cordell Bank National Marine
Sanctuary (Sanctuary) boundary
encompasses a total area of
approximately 971 square nautical miles
(1,286 square miles) of offshore ocean
waters, and submerged lands
thereunder, surrounding the submarine
plateau known as Cordell Bank along—
the northern coast of California,
approximately 45 nautical miles westnorthwest of San Francisco, California.
The precise boundary coordinates are
listed in Appendix A to this subpart.
The northern boundary of the Sanctuary
is a rhumb line that begins
approximately 6 nautical miles (8 miles)
west of Bodega Head in Sonoma County,
California at Point 1 and extends west
approximately 38 nautical miles (44
miles) to Point 2. This line is part of a
shared boundary between the Sanctuary
and Gulf of the Farallones National
Marine Sanctuary (GFNMS). The
western boundary of the Sanctuary
extends south from Point 2
approximately 34 nautical miles (39
miles) to Point 3. From Point 3 the
Sanctuary boundary continues east 15
nautical miles (17 miles) to Point 4
where it intersects the GFNMS
boundary again. The line from Point 3
to Point 4 forms the southernmost
boundary of the Sanctuary. The eastern
boundary of the Sanctuary is a series of
straight lines connecting Points 4
through 20 in numerical sequence. The
Sanctuary is coterminous with GFNMS
along both its (the Sanctuary’s) eastern
and northern boundaries.
§ 922.111
Definitions.
In addition to the definitions found in
§ 922.3, the following definitions apply
to this subpart:
Clean means not containing
detectable levels of harmful matter.
Cruise ship means a vessel with 250
or more passenger berths for hire.
VerDate Mar<15>2010
18:15 Apr 11, 2014
Jkt 232001
Harmful matter means any substance,
or combination of substances, that
because of its quantity, concentration, or
physical, chemical, or infectious
characteristics may pose a present or
potential threat to Sanctuary resources
or qualities, including but not limited
to: fishing nets, fishing line, hooks, fuel,
oil, and those contaminants (regardless
of quantity) listed pursuant to 42 U.S.C.
Introduced species means any species
(including, but not limited to, any of its
biological matter capable of
propagation) that is non-native to the
ecosystems of the Sanctuary; or any
organism into which altered genetic
matter, or genetic matter from another
species, has been transferred in order
that the host organism acquires the
genetic traits of the transferred genes.
§ 922.112 Prohibited or otherwise
regulated activities.
(a) The following activities are
prohibited and thus are unlawful for
any person to conduct or to cause to be
conducted within the Sanctuary:
(1) Exploring for, developing, or
producing oil, gas, or minerals.
(2)(i) Discharging or depositing from
within or into the Sanctuary, other than
from a cruise ship, any material or other
matter except:
(A) Fish, fish parts, chumming
materials, or bait used in or resulting
from lawful fishing activities within the
Sanctuary, provided that such discharge
or deposit is during the conduct of
lawful fishing activity within the
Sanctuary;
(B) For a vessel less than 300 gross
registered tons (GRT), or a vessel 300
GRT or greater without sufficient
holding tank capacity to hold sewage
while within the Sanctuary, clean
effluent generated incidental to vessel
use and generated by an operable Type
I or II marine sanitation device (U.S.
Coast Guard classification) approved in
accordance with section 312 of the
Federal Water Pollution Control Act, as
amended, (FWPCA), 33 U.S.C. 1322.
Vessel operators must lock all marine
sanitation devices in a manner that
prevents discharge or deposit of
untreated sewage;
(C) Clean vessel deck wash down,
clean vessel engine cooling water, clean
vessel generator cooling water, clean
bilge water, or anchor wash;
(D) For a vessel less than 300 GRT or
a vessel 300 GRT or greater without
sufficient holding capacity to hold
graywater while within the Sanctuary,
clean graywater as defined by section
312 of the FWPCA; or
(E) Vessel engine or generator
exhaust.
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21001
(ii) Discharging or depositing from
within or into the Sanctuary any
material or other matter from a cruise
ship except clean vessel engine cooling
water, clean vessel generator cooling
water, vessel engine or generator
exhaust, clean bilge water, or anchor
wash.
(iii) Discharging or depositing, from
beyond the boundary of the Sanctuary,
any material or other matter that
subsequently enters the Sanctuary and
injures a Sanctuary resource or quality,
except as listed in paragraphs (a)(2)(i)
and (a)(2)(ii) of this section.
(3) On or within the line representing
the 50-fathom isobath surrounding
Cordell Bank, removing, taking, or
injuring or attempting to remove, take,
or injure benthic invertebrates or algae
located on Cordell Bank. This
prohibition does not apply to use of
bottom contact gear used during fishing
activities, which is prohibited pursuant
to 50 CFR part 660 (Fisheries off West
Coast States). The coordinates for the
line representing the 50-fathom isobath
are listed in appendix B to this subpart.
There is a rebuttable presumption that
any such resource found in the
possession of a person within the
Sanctuary was taken or removed by that
person.
(4)(i) On or within the line
representing the 50-fathom isobath
surrounding Cordell Bank, 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. This prohibition does
not apply to use of bottom contact gear
used during fishing activities, which is
prohibited pursuant to 50 CFR part 660
(Fisheries off West Coast States). The
coordinates for the line representing the
50-fathom isobath are listed in appendix
B to this subpart.
(ii) In the Sanctuary beyond the line
representing the 50-fathom isobath
surrounding Cordell Bank, drilling into,
dredging, or otherwise altering the
submerged lands; or constructing,
placing, or abandoning any structure,
material or matter on the submerged
lands except as incidental and necessary
for anchoring any vessel or lawful use
of any fishing gear during normal
fishing activities. The coordinates for
the line representing the 50-fathom
isobath are listed in appendix B to this
subpart.
(5) Taking any marine mammal, sea
turtle, or bird within or above the
Sanctuary, except as authorized by the
Marine Mammal Protection Act, as
amended, (MMPA), 16 U.S.C. 1361 et
seq., Endangered Species Act, as
amended, (ESA), 16 U.S.C. 1531 et seq.,
E:\FR\FM\14APP2.SGM
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TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
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.
(6) Possessing within the Sanctuary
(regardless of where taken, moved or
removed from), any marine mammal,
sea turtle or bird taken, except as
authorized by the MMPA, ESA, MBTA,
by any regulation, as amended,
promulgated under the MMPA, ESA, or
MBTA, or as necessary for valid law
enforcement purposes.
(7) Possessing, moving, removing, or
injuring, or attempting to possess, move,
remove or injure, a Sanctuary historical
resource.
(8) Introducing or otherwise releasing
from within or into the Sanctuary an
introduced species, except striped bass
(Morone saxatilis) released during catch
and release fishing activity.
(9) Interfering with, obstructing,
delaying, or preventing an investigation,
search, seizure, or disposition of seized
property in connection with
enforcement of the Act or any regulation
or permit issued under the Act.
(b) The prohibitions in paragraph (a)
of this section do not apply to activities
necessary to respond to an emergency
threatening life, property or the
environment.
(c) All activities being carried out by
the Department of Defense (DOD) within
the Sanctuary on the effective date of
designation or expansion of the
Sanctuary that are necessary for national
defense are exempt from the
prohibitions contained in the
regulations in this subpart. Additional
DOD activities initiated after the
effective date of designation or
expansion that are necessary for
national defense will be exempted by
the Director after consultation between
the Department of Commerce and DOD.
DOD activities not necessary for
national defense, such as routine
exercises and vessel operations, are
subject to all prohibitions contained in
the regulations in this subpart.
(d) The prohibitions in paragraphs
(a)(2), (a)(3), and (a)(4)(ii) through
(a)(7)of this section do not apply to any
activity authorized by any lease, permit,
license, approval, or other authorization
issued after the effective date of
Sanctuary designation or expansion and
issued by any Federal, State, or local
authority of competent jurisdiction,
provided that the applicant complies
with 15 CFR 922.49, the Director
notifies the applicant and authorizing
agency that he or she does not object to
issuance of the authorization, and the
applicant complies with any terms and
conditions the Director deems necessary
to protect Sanctuary resources and
VerDate Mar<15>2010
18:15 Apr 11, 2014
Jkt 232001
qualities. Amendments, renewals, and
extensions of authorizations in
existence on the effective date of
designation or expansion constitute
authorizations issued after the effective
date of Sanctuary designation or
expansion.
(e) The prohibitions in paragraphs
(a)(2) through (7) of this section do not
apply to any activity executed in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit issued
pursuant to 15 CFR 922.48 and 922.113
or a Special Use permit issued pursuant
to section 310 of the Act.
(f) Where necessary to prevent
immediate, serious, and irreversible
damage to a Sanctuary resource, any
activity may be regulated within the
limits of the Act on an emergency basis
for no more than 120 days.
§ 922.113
criteria.
Permit procedures and issuance
(a) A person may conduct an activity
prohibited by § 922.112, (a)(2), through
(a)(7), if such activity is specifically
authorized by, and conducted in
accordance with the scope, purpose,
terms and conditions of, a permit issued
under § 922.48 and this section.
(b) The Director, at his or her
discretion, may issue a national marine
sanctuary permit under this section,
subject to terms and conditions, as he or
she deems appropriate, if the Director
finds that the activity will:
(1) Further research or monitoring
related to Sanctuary resources and
qualities;
(2) Further the educational value of
the Sanctuary;
(3) Further salvage or recovery
operations in or near the Sanctuary in
connection with a recent air or marine
casualty; or
(4) Assist in managing the Sanctuary.
(c) In deciding whether to issue a
permit, the Director shall consider such
factors as:
(1) The applicant is qualified to
conduct and complete the proposed
activity;
(2) The applicant has adequate
financial resources available to conduct
and complete the proposed activity;
(3) The methods and procedures
proposed by the applicant are
appropriate to achieve the goals of the
proposed activity, especially in relation
to the potential effects of the proposed
activity on Sanctuary resources and
qualities;
(4) The proposed activity will be
conducted in a manner compatible with
the primary objective of protection of
Sanctuary resources and qualities,
considering the extent to which the
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conduct of the activity may diminish or
enhance Sanctuary resources and
qualities, any potential indirect,
secondary or cumulative effects of the
activity, and the duration of such
effects;
(5) The proposed activity will be
conducted in a manner compatible with
the value of the Sanctuary, considering
the extent to which the conduct of the
activity may result in conflicts between
different users of the Sanctuary, and the
duration of such effects;
(6) It is necessary to conduct the
proposed activity within the Sanctuary;
(7) The reasonably expected end value
of the proposed activity to the
furtherance of Sanctuary goals and
purposes outweighs any potential
adverse effects on Sanctuary resources
and qualities from the conduct of the
activity; and
(8) The Director may consider
additional factors as he or she deems
appropriate.
(d) Applications. (1) Applications for
permits should be addressed to the
Director, Office of National Marine
Sanctuaries; ATTN: Superintendent,
Cordell Bank National Marine
Sanctuary, P.O. Box 159, Olema, CA
94950.
(2) In addition to the information
listed in § 922.48(b), all applications
must include information to be
considered by the Director in paragraph
(b) and (c) of this section.
(e) The permittee must agree to hold
the United States harmless against any
claims arising out of the conduct of the
permitted activities.
Appendix A to Subpart K of Part 922—
Cordell Bank National Marine
Sanctuary Boundary Coordinates
Coordinates listed in this appendix are
unprojected (Geographic Coordinate System)
and based on the North American Datum of
1983 (NAD83).
SANCTUARY BOUNDARY COORDINATES
Point ID
No.
sanctuary
boundary
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
11 ..............
12 ..............
13 ..............
14 ..............
E:\FR\FM\14APP2.SGM
14APP2
Latitude
38.29989
38.29989
37.76687
37.76687
37.83480
37.90464
37.95880
37.98947
37.99227
38.05202
38.06505
38.07898
38.09069
38.10215
Longitude
¥123.20005
¥123.99988
¥123.75143
¥123.42694
¥123.42579
¥123.38958
¥123.32312
¥123.23615
¥123.14137
¥123.12827
¥123.11711
¥123.10924
¥123.10387
¥123.09804
Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Proposed Rules
Appendix B to Subpart K of Part 922—
Line Representing the 50-Fathom
Isobath Surrounding Cordell Bank
SANCTUARY BOUNDARY
COORDINATES—Continued
Point ID
No.
sanctuary
boundary
TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
15
16
17
18
19
20
..............
..............
..............
..............
..............
..............
VerDate Mar<15>2010
Latitude
38.12829
38.14072
38.16576
38.21001
38.26390
38.29989
18:15 Apr 11, 2014
Longitude
¥123.08742
¥123.08237
¥123.09207
¥123.11913
¥123.18138
¥123.20005
Jkt 232001
Coordinates listed in this appendix are
unprojected (Geographic Coordinate System)
and based on the North American Datum of
1983 (NAD83).
CORDELL BANK FIFTY FATHOM LINE
Point ID
No.
1
2
3
4
5
................
................
................
................
................
PO 00000
Frm 00023
Latitude
37.96034
37.96172
37.9911
38.00406
38.01637
Fmt 4701
Sfmt 9990
Longitude
¥123.40371
¥123.42081
¥123.44379
¥123.46443
¥123.46076
21003
CORDELL BANK FIFTY FATHOM LINE—
Continued
Point ID
No.
6 ................
7 ................
8 ................
9 ................
10 ..............
11 ..............
12 ..............
13 ..............
14 ..............
Latitude
38.04684
38.07106
38.07588
38.06451
38.07123
38.04446
38.01442
37.98859
37.97071
Longitude
¥123.47920
¥123.48754
¥123.47195
¥123.46146
¥123.44467
¥123.40286
¥123.38588
¥123.37533
¥123.38605
[FR Doc. 2014–08061 Filed 4–11–14; 8:45 am]
BILLING CODE 3510–NK–P
E:\FR\FM\14APP2.SGM
14APP2
Agencies
[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20981-21003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08061]
[[Page 20981]]
Vol. 79
Monday,
No. 71
April 14, 2014
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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15 CFR Part 922
Proposed Expansion and Regulatory Revision of Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries; Proposed Rule
Federal Register / Vol. 79 , No. 71 / Monday, April 14, 2014 /
Proposed Rules
[[Page 20982]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 130405335-4240-01]
RIN 0648-BD18
Proposed Expansion and Regulatory Revision of Gulf of the
Farallones and Cordell Bank National Marine Sanctuaries
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
proposing to expand the boundaries of Gulf of the Farallones National
Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary
(CBNMS) to an area north and west of their current boundaries, as well
as to amend existing sanctuary regulations and add new regulations.
NOAA is also proposing to revise the corresponding sanctuary terms of
designation and management plans. The purpose of this action is to
extend national marine sanctuary protections to an area that has
nationally significant marine resources and habitats and is the source
of nutrient-rich upwelled waters for the existing sanctuaries. A draft
environmental impact statement and draft revised management plans have
been prepared for this proposed action. NOAA is soliciting public
comment on the proposed rule, draft environmental impact statement, and
draft revised management plans.
DATES: Comments on this proposed rule will be considered if received by
June 30, 2014. Public hearings will be held as detailed below:
(1) Sausalito, CA
Date: May 22, 2014.
Location: U.S. Army Corps of Engineers Bay Model Visitor Center.
Address: 2100 Bridgeway Blvd., Sausalito, CA 94965.
Time: 6 p.m.
(2) Point Arena, CA
Date: June 16, 2014.
Location: Point Arena City Hall.
Address: 451 School St., Point Arena, CA 95468.
Time: 6 p.m.
(3) Gualala, CA
Date: June 17, 2014.
Location: Gualala Community Center.
Address: 47950 Center St., Gualala, CA 95445.
Time: 6 p.m.
(4) Bodega Bay, CA
Date: June 18, 2014.
Location: Grange Hall.
Address: 1370 Bodega Ave., Bodega Bay, CA 94923.
Time: 6 p.m.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NOS-2012-0228, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2012-0228, click the
``Comment Now!'' icon, complete the required fields and enter or attach
your comments.
Mail: Submit written comments to Maria Brown, Sanctuary
Superintendent, Gulf of the Farallones National Marine Sanctuary, 991
Marine Drive, The Presidio, San Francisco, CA 94129.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. ONMS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Maria Brown at Maria.Brown@noaa.gov or
415-561-6622; or Dan Howard at Dan.Howard@noaa.gov or 415-663-0314.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Gulf of the Farallones and Cordell Bank National Marine Sanctuaries
Gulf of the Farallones National Marine Sanctuary
GFNMS was designated in 1981, and was established 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. GFNMS is located along and offshore
California's north-central coast, west of northern San Mateo, San
Francisco, Marin and southern Sonoma Counties. GFNMS is composed of
approximately 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 water line) from Bodega Head to
Rocky Point in Marin. 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 miles (26 nmi) due west
of San Francisco. In addition to sandy beaches, rocky cliffs, small
coves, and offshore stacks, GFNMS includes open bays (Bodega Bay,
Drakes Bay) and enclosed bays or estuaries (Bolinas Lagoon, Tomales
Bay, Estero Americano, and Estero de San Antonio). GFNMS is located
inshore of the California current, and its waters are characterized by
wind-driven upwelling, localized eddies, counter-current gyres, high
nutrient supply, and high levels of phytoplankton.
Cordell Bank National Marine Sanctuary
CBNMS was designated in 1989, and was established to protect and
preserve the extraordinary ecosystem, including invertebrates, marine
birds, mammals, and other natural resources, of Cordell Bank and its
surrounding waters. CBNMS is located offshore of California's north-
central coast, off of Marin County. CBNMS protects an area of 529
square statute miles (399 square nautical miles). The main feature of
the sanctuary is Cordell Bank, an offshore granite bank located on the
edge of the continental shelf, about 49 miles (43 nmi) northwest of the
Golden Gate Bridge and 23 miles (20 nmi) west of the Point Reyes
lighthouse. CBNMS is entirely offshore and shares its southern and
eastern boundary with GFNMS. Similar to GFNMS, CBNMS is located in a
major coastal upwelling system. The combination of oceanic conditions
and undersea topography provides for a highly productive environment in
a discrete offshore area. Prevailing currents push nutrients from
upwelling southward along the coast, moving nutrients and other prey
over the upper levels of the Bank. The vertical relief and hard
substrate of the Bank provide benthic habitat with near-shore
characteristics in an open ocean environment 23 miles (20 nmi) from
shore. The combination of sedentary plants and animals typical of
nearshore waters in close proximity to open ocean species like blue
whales and albatross creates a rare mix of species and a
[[Page 20983]]
unique biological community at CBNMS.
The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.)
gives NOAA the authority to expand national marine sanctuaries to meet
the purposes and policies of the NMSA, including:
``. . . to provide authority for comprehensive and
coordinated conservation and management of these marine areas [national
marine sanctuaries], and activities affecting them, in a manner which
complements existing regulatory authorities (16 U.S.C. 1431(b)(2));
[and]
to maintain the natural biological communities in the
national marine sanctuaries, and to protect, and, where appropriate,
restore and enhance natural habitats, populations and ecological
processes . . .'' (16 U.S.C. 1431(b)(3)).
The NMSA also requires NOAA to periodically review and evaluate
progress in implementing the management plan and goals for each
national marine sanctuary. The management plans and regulations must be
revised as necessary to fulfill the purposes and policies of the NMSA
(16 U.S.C. 1434(e)) to ensure that each sanctuary continues to best
conserve, protect, and enhance their nationally significant living and
cultural resources.
In addition to expanding the boundaries of GFNMS and CBNMS, the
proposed action would revise the sanctuaries' management plans.
Application of the NMSA to the expanded sanctuary boundaries through
the proposed action would provide comprehensive and coordinated
management for the Point Arena upwelling area and south to the existing
national marine sanctuaries. Some of the GFNMS and CBNMS regulations
would be extended to the expansion area without changes, some
regulations would be altered, and some new regulations would be added
in order to best suit the resource protection needs of the expanded
sanctuaries. The regulatory changes are described in detail below in
the ``Summary of the Regulatory Amendments'' section. The boundary
expansion, regulatory changes, and new management plans would result in
additional safeguards for the resources of the area while facilitating
uses compatible with resource protection.
The environmental effects of the proposed expansion of sanctuary
boundaries and revisions to sanctuary regulations and management plans
are analyzed in the DEIS. The public is invited to comment on the DEIS
and draft management plans, which are available at www.regulations.gov/#!docketDetail;D=NOAA-NOS-2012-0228 or http://farallones.noaa.gov/manage/expansion_cbgf.html or may be obtained by contacting the
individual listed under the heading FOR FURTHER INFORMATION CONTACT.
B. Need for Action
The proposed action would expand the boundaries of GFNMS and CBNMS
north and west of the sanctuaries' current boundaries and would include
waters and submerged lands off of Marin, Sonoma and Mendocino Counties.
This expansion would add to the National Marine Sanctuary System a
globally significant coastal upwelling center originating off of Point
Arena and flowing into GFNMS and CBNMS via wind-driven currents. The
proposed action would also apply existing regulations into the
expansion area, amend current regulations for GFNMS and CBNMS, and add
new regulations. Together these regulatory changes would provide
comprehensive management and protection of the nationally significant
resources of the area encompassed by the current sanctuaries and the
expansion area.
The proposed expansion area, from the upwelling off the Point Arena
coast and the waters south to GFNMS and CBNMS, is an integral
geographic component of the overall marine ecosystem for these
sanctuaries. The upwelled water, rich with nutrients, that flows from
the Point Arena upwelling center is the regional ecosystem driver for
productivity in coastal waters of north-central California. Flowing
south from Point Arena, the area supports a marine food web made up of
many species of algae, invertebrates, fish, seabirds, and marine
mammals. Some species are transitory, travelling hundreds or thousands
of miles to the region, such as endangered blue whales, albatross,
shearwaters, king salmon, white and salmon sharks, while others live
year round in the sanctuaries, such as Dungeness crab, sponges, other
benthic invertebrates and many species of rockfish. Of note, the
largest assemblage of breeding seabirds in the contiguous United States
is at the Farallon Islands, and each year their breeding success
depends on a healthy and productive marine ecosystem to allow nesting
adults and fledgling young to feed and flourish. Given that these
sensitive resources are particularly susceptible to damage from human
activities, including this area within CBNMS and GFNMS would conserve
and protect critical resources by preventing or reducing human-caused
impacts such as marine pollution, and wildlife and seabed disturbance.
In addition, the proposed action would protect significant
submerged cultural resources and historical properties, as defined by
the National Historic Preservation Act and its regulations (historical
properties include but are not limited to: Artifacts, records, remains
related to or located in the properties and properties of traditional
religious and cultural importance to an Indian tribe and that meet the
National Register criteria). There are several existing state and
federal laws that provide some degree of protection of historical
resources, but the State of California regulations only extend 3
nautical miles offshore and existing federal regulations do not provide
comprehensive protection of these resources. Records document over 200
vessel and aircraft losses between 1820 and 1961 along California's
north-central coast from Bodega Head north to Point Arena. Submerged
archaeological remnants related to a number of former doghole ports,
are likely to exist in the area. Doghole ports were small ports on the
Pacific Coast between Central California and Southern Oregon that
operated between the mid-1800s until 1939. Such archaeological remnants
could include landings, wire, trapeze loading chutes and offshore
moorings.
While there is no documentation of submerged Native American human
settlements in the proposed boundary expansion area, some may exist
there, since Coast Miwok and Pomo peoples have lived and harvested the
resources of this abundant marine landscape for thousands of years. Sea
level rise at the end of the last great Ice Age inundated a large area
that was likely used by these peoples when it was dry land. The
proposed action would prohibit possession, moving, removing, or
injuring sanctuary historical resources.
C. History of the Proposed Boundary Expansion
In 2001, NOAA received public comment during the joint management
plan review scoping meetings requesting that GFNMS and CBNMS be
expanded north and west. Since 2003, sanctuary advisory councils for
both national marine sanctuaries have regularly discussed and supported
boundary expansion northward and westward at advisory council meetings,
which are open to the public. In addition to the public and advisory
council input, legislation was proposed between 2004 and 2011 by then-
Congresswoman Lynn Woolsey, Senator Barbara Boxer, and cosponsors, to
expand and protect GFNMS and CBNMS, but was never passed by Congress.
Congressional, public, and
[[Page 20984]]
NOAA interest in expanding CBNMS and GFNMS stemmed from a desire to
protect the biologically rich underwater habitat and important
upwelling center off Point Arena, which, as described, is the source of
nationally significant nutrient-rich waters.
The sanctuary advisory councils formally expressed support for the
proposed boundary expansion and protection legislation in four
resolutions. On April 19, 2007, the Gulf of the Farallones Advisory
Council passed a resolution supporting sanctuary boundary expansion. On
September 19, 2007, the CBNMS Advisory Council passed a resolution
supporting protection for Bodega Canyon via proposed legislation. On
December 13, 2007, the GFNMS Advisory Council passed another resolution
supporting legislation to expand the sanctuaries. On November 11, 2011,
the GFNMS Advisory Council passed a third resolution which acknowledged
the legislation under consideration at that time and again supported
expanding the GFNMS and CBNMS boundaries.
As a result of the public interest in boundary expansion and the
potential need for and benefits from additional resource protection, in
2008 NOAA included boundary expansion actions in the revised management
plans for CBNMS and GFNMS. The strategies (GFNMS Resource Protection
Action Plan, Strategy RP-9 and CBNMS Administration Action Plan,
Strategy AD-10) indicated the sanctuary managers would develop a
framework to evaluate boundary alternatives, with public input. Some of
the recommended criteria included consideration of boundary changes
that would: Be inclusive and ensure the maintenance of the area's
natural ecosystem, including its contribution to biological
productivity; be biogeographically representative; facilitate, to the
extent compatible with the primary objective of resource protection,
public and private uses of the marine resources; and provide additional
comprehensive and coordinated management of the area.
Due to continued interest in expanding GFNMS and CBNMS, NOAA, in
compliance with Section 304(e) of the NMSA, conducted public scoping
from December 21, 2012, to March 1, 2013 (77 FR 75601), to identify
issues associated with a proposed expansion. NOAA held three public
scoping meetings during this period: One in Bodega Bay in January 2013,
one in Point Arena in February 2013, and one in Gualala in February
2013. These public meetings were attended by several hundred people.
NOAA received more than 300 written submissions, along with the oral
comments received during the three public scoping meetings, posted
under docket number NOAA-NOS-2012-0228 on www.regulations.gov.
Comments received during this process were analyzed by ONMS staff,
and are addressed in the accompanying draft environmental impact
statement, with analysis of the proposed action and four alternatives.
Scoping revealed wide support for the protection of areas in Sonoma and
southern Mendocino Counties, as well support for the area included in
the proposed expansion. Some commenters also suggested the protection
of areas further north and south of the proposed expansion or other
alternate boundary configurations for expanding the boundaries of GFNMS
and CBNMS. Whereas some commenters were opposed to expanding the
sanctuaries or specific sanctuary regulations, there was generally
strong support for extending existing sanctuary regulations to the
proposed expanded area, including prohibitions on oil and gas
development. Many commenters also indicated opposition to any future
regulations of fishing under the NMSA. Other comments focused on:
Operation of motorized personal watercraft use in the expanded portions
of GFNMS; protection of wildlife from human disturbance; and future
development of alternative energy and aquaculture.
During the development of this action, it became clear that a
wholesale extension of GFNMS and CBNMS regulations to the respective
expansion areas would not be the most judicious approach in order to
meet the goals of providing resource protection and allowing compatible
uses. Therefore, NOAA is proposing to extend some of the regulations
unchanged to the proposed expansion area, amend some of the existing
regulations that would apply to both the existing sanctuaries and the
proposed expansion area, and add some new regulations.
Additional information on the background of the proposed action is
available at http://farallones.noaa.gov/manage/expansion_cbgf.html.
II. Summary of Proposed Changes to the Sanctuary Terms of Designation
Section 304(a)(4) of the NMSA requires that the terms of
designation for national marine sanctuaries include: (1) The geographic
area 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 subject to regulation by NOAA to protect those
characteristics. This section also specifies that the terms of the
designation may be modified only by the same procedures by which the
original designation is made.
To implement this action, NOAA is proposing changes to the GFNMS
and CBNMS terms of designation, which were last published in the
Federal Register on November 20, 2008 (73 FR 70488).
A. Revisions to the GFNMS Terms of Designation
NOAA is proposing to revise the GFNMS terms of designation to:
1. Update the title by adding ``Terms of'' and removing
``Document.''
2. Modify the geographical description of the sanctuary in the
preamble.
3. Modify Article I ``Effect of Designation'' by referring
specifically to Gulf of the Farallones National Marine Sanctuary.
4. Modify Article II ``Description of the Area'' by updating the
description of the size of the sanctuary and describing the proposed
new boundary for the sanctuary.
5. Modify Article III ``Characteristics of the Area That Give It
Particular Value'' by updating the description of the nationally
significant characteristics of the area to include the globally
significant coastal upwelling center.
6. Modify Article IV ``Scope of Regulation'' by updating Section 1
to include: A more complete description of ``hydrocarbon operations'';
adding ``minerals'' to what had been ``hydrocarbon operations''; and
adding a new subsection I, ``Interfering with an investigation, search,
seizure, or disposition of seized property in connection with
enforcement of the Act or Sanctuary regulations'', and ``In addition,
under no circumstances would a permit or authorization be issued for
exploring for, developing or producing oil, gas, or minerals within the
Sanctuary.''
7. Modify Article V ``Relation to Other Regulatory Programs'' by
updating Section 3 to include the dates of designation and expansion
used for certification.
The revised terms of designation are proposed to read as follows
(new text in quotes and deleted text in brackets and italics): This
proposed rule provides only those articles and sections of the terms of
designation for GFNMS for which NOAA proposes a change. The full text
for the current GFNMS terms of designation may be found at:
Farallones.noaa.gov/manage/pdf/
[[Page 20985]]
GFNMS--Revised--Designation--11-20-2008.pdf.
Terms of Designation for the 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 ``Alder Creek along the 39th parallel''[Point Reyes
Headlands], between ``Manchester Beach in Mendocino County''[Bodega
Head] and Rocky Point ``in Marin County'' and surrounding the
Farallon Islands ``and Noonday Rock along the northern coast of
California,'' 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 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 ``Gulf
of the Farallones National Marine'' Sanctuary ``(the Sanctuary)''.
Section 1 of Article IV of th``ese''[is] ``Terms of'' 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 ``2,490''[966] square nautical miles (nmi)[,]. ``The
boundary'' extend``s''[ing] seaward to a distance of ``30''[6] nmi
``west'' from the mainland ``at Manchester Beach and extends south
approximately 45 nmi to the northwestern corner of Cordell Bank
National Marine Sanctuary (CBNMS), and extends approximately 38 nmi
east along the northern boundary of CBNMS, approximately 7 nmi west
of Bodega Head. The boundary extends'' from [ Point Reyes to] Bodega
Bay ``to Point Reyes'' and 12 nmi west from the Farallon Islands and
Noonday Rock, and includ``es''[ing] the intervening waters and
submerged lands. ``The Sanctuary includes Bolinas Lagoon, Tomales
Bay, Giacomini Wetland, Estero de San Antonio (to the tide gate at
Valley Ford-Franklin School Road) and Estero Americano (to the
bridge at Valley Ford-Estero Road), as well as Bodega Bay, but does
not include Bodega Harbor, the Salmon Creek Estuary, the Russian
River Estuary, the Gualala River Estuary, the Arena Cove Pier or the
Garcia River Estuary''. The precise boundaries are defined by
regulation.
Article III. Characteristics of the Area That Give It Particular Value
The Sanctuary ``encompasses a globally significant coastal
upwelling center that'' 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 adult white sharks (Carcharodon
carcharias) in the world. ``The area adjacent to and offshore of
Point Arena, due to seasonal winds, currents and oceanography,
drives one of the most prominent and persistent upwelling centers in
the world, supporting the productivity of the sanctuary. The
nutrient-rich water carried down coast by currents promote thriving
nearshore kelp forests, productive commercial and recreational
fisheries, and diverse wildlife assemblages. Large predators, such
as white sharks, sea lions, killer whales, and baleen whales, travel
from thousands of miles away to feed in these productive waters.
Rocky shores along the Sonoma and Mendocino County coastlines are
largely intact, and teem with crustaceans, algae, fish and birds.''
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] ``Exploring for, developing or
producing oil, gas, or minerals within the Sanctuary'';
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;
h. Operating a vessel (i.e., watercraft of any description)
within the Sanctuary[.] ``; and
i. Interfering with an investigation, search, seizure, or
disposition of seized property in connection with enforcement of the
Act or Sanctuary regulations.
In addition, a permit or authorization may not be issued for
exploring for, developing or producing oil, gas, or minerals within
the Sanctuary under any circumstances.''
. . .
Article V. Relation to Other Regulatory Programs
. . .
Section 3. Other Programs
All applicable regulatory programs will remain in effect, and
all permits, licenses, ``approvals,'' and other authorizations
issued [pursuant thereto] ``after January 16, 1981, with respect to
activities conducted within the original Sanctuary boundary and
after the effective date of the expansion of the Sanctuary with
respect to activities conducted within the expansion area'' will be
valid within the Sanctuary unless authorizing any activity
prohibited by any regulation implementing Article IV. ``No valid
lease, permit, license, approval or other authorization for
activities in the expansion area of the Sanctuary issued by any
federal, State, or local authority of competent jurisdiction and in
effect on the effective date of the expansion may be terminated by
the Secretary of Commerce or by his or her designee provided the
holder of such authorization complies with the certification
procedures established by Sanctuary regulations.'' [The Sanctuary
regulations shall set forth any necessary pertaining to
certification procedures in order for them to remain valid.]
. . .
[End Of Terms Of Designation]
B. Revisions to the CBNMS Terms of Designation
NOAA is revising the CBNMS terms of designation to:
1. Update the title by adding ``Terms of'', removing
``Document'', and making minor technical changes.
2. Modify the Preamble to add ``Bodega Canyon'' and ``submerged
lands'' as part of the area designated the Cordell Bank National
Marine Sanctuary, and making minor technical changes.
3. Modify Article I ``Effect of Designation'' by making minor
technical changes.
4. Modify Article II ``Description of the Area'' by changing the
description of the size of the sanctuary and describing the proposed
new boundary for the sanctuary.
5. Modify Article III ``Characteristics of the Area That Give It
Particular Value'' by updating the description of the nationally
significant characteristics of the area to include Bodega Canyon and
the additional area in the Sanctuary.
6. Modify Article IV ``Scope of Regulation'' by updating section
1, subsection c, to include a more complete description of
``hydrocarbon operations'' and adding ``minerals'' to what had been
``hydrocarbon operations''; and by adding a new subsection i to
section 1, ``Interfering with an investigation, search, seizure, or
disposition of seized property in connection with enforcement of the
Act or Sanctuary regulations'', and by adding ``In addition, under
no circumstances would a permit or
[[Page 20986]]
authorization be issued for exploring for, developing or producing
oil, gas, or minerals within the Sanctuary.''
7. Modify Article V ``Relation to Other Regulatory Programs'' by
updating section 3 to include the dates of designation and expansion
used for certification.
This proposed rule provides only those articles and sections for
the terms of designation for CBNMS for which NOAA proposes a change.
The full text for the current CBNMS terms of designation may be
found at cordellbank.noaa.gov/library/74_fr_12088.pdf. The revised
CBNMS terms of designation are proposed to read as follows (new text
in quotes and deleted text in brackets and italics):
Terms Of Designation 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, ``Bodega Canyon,'' and
``their''[its] surrounding waters ``and submerged lands'' offshore
northern California, as described in Article ``II''[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 1. 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 th``ese''[is] ``Terms of'' 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 activit``y''[ies] 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``n approximately 971''[399] square
nautical mile area of marine waters and the submerged lands
thereunder encompassed by a ``northern'' boundary [extending
approximately 250[deg] from the northernmost]'' that begins
approximately 6 nautical miles west of Bodega Head in Sonoma County,
California and extends west approximately 38 nautical miles,
coterminous with the'' boundary of the Gulf of the Farallones
National Marine Sanctuary (GFNMS). ``From that point, the western
boundary of the Sanctuary extends south approximately 34 nautical
miles. From that point, the southern boundary of the Sanctuary
continues east 15 nautical miles, where it intersects the GFNMS
boundary. The eastern boundary of the Sanctuary is coterminous with
the GFNMS boundary, and is a series of straight lines connecting in
sequence,'' [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 ``and Bodega Canyon are'' [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, ``Canyon,'' and ``their'' [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.
``The Bank is'' [It lies on a plateau] 300-400 feet (91-122 meters)
deep and ascends to within [about] 115 feet (35 meters) of the
surface at its shallowest point. ``Bodega Canyon is about 12 miles
(10.8 nautical miles) long and is over 5,000 feet (1,524 m) deep.''
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 ``and Bodega Canyon'' includes an exceptional
assortment of [algae,] invertebrates, fishes, marine mammals and
seabirds. ``Predators travel from thousands of miles away to feed in
these productive waters.''
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. ``Exploring for, developing or producing oil, gas or minerals
within the Sanctuary''[Hydrocarbon (oil and gas) activities within
the Sanctuary];
d. Anchoring on the Bank or on or within the line representing
the 50 fathom contour 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[.]''; and
i. Interfering with an investigation, search, seizure, or
disposition of seized property in connection with enforcement of the
Act or Sanctuary regulations.
In addition, a permit or authorization may not be issued for
exploring for, developing or producing oil, gas, or minerals within
the Sanctuary under any circumstances.''
. . .
Article V. Relation to Other Regulatory Programs
. . .
Section 3. Other Programs
All applicable regulatory programs shall remain in effect, and
all permits, licenses, approvals, and other authorizations issued
``after July 31, 1989, with respect to activities conducted within
the original Sanctuary boundary and after the effective date of the
expansion of the Sanctuary with respect to activities conducted
within the expansion area'' pursuant to those programs shall be
valid unless prohibited by regulations implementing Article IV.
. . .
[End Of Terms Of Designation]
III. Summary of the Regulatory Amendments
With this action, NOAA is proposing to do the following:
--Amend the regulations describing the sanctuary boundaries in order
to expand the sanctuaries;
--Extend existing sanctuary regulations to the expansion area
without any changes;
--Amend existing sanctuary regulations that apply in either or both
existing and expansion areas; and
--Add new regulations.
Gulf of the Farallones National Marine Sanctuary Regulations
The proposed new boundary for GFNMS would increase the size of
the sanctuary from approximately 1,279 square miles to 3,297 square
miles and would extend protection to the submerged lands and the
globally-significant coastal upwelling center at Point Arena and the
nutrient-rich waters that flow via wind-driven currents from the
upwelling center into the existing portions of GFNMS. These
nutrients are the foundation of the food-rich environment of the
sanctuary.
This section describes the changes NOAA is proposing to make to
the regulations for GFNMS to implement the proposed expansion of the
sanctuary, which is the basis for this rulemaking. It is organized
by type of regulatory amendments as follows:
--It includes proposed changes to the boundary description;
--It would apply existing regulations without changes to the
proposed expansion area for
[[Page 20987]]
certain regulations and exceptions related to discharge, altering
the seabed, taking and possessing certain species, disturbing
historical resources, introducing introduced species, attracting
white sharks, deserting a vessel, exemptions for Department of
Defense and emergency response, and permit criteria and
requirements;
--It would amend several existing regulations and apply them to
either or both the existing sanctuary and proposed expansion area
including prohibiting oil, gas and minerals exploration, discharging
graywater, operating motorized personal watercrafts, flying
aircrafts below 1,000 feet in certain designated zones, sailing
cargo vessels in certain designated zones, approaching white sharks
in certain designated zones, and minor technical changes to boundary
coordinates;
--It would add new regulations related to interference with an
investigation and the ability for NOAA to authorize certain
activities otherwise prohibited.
Boundary Expansion
NOAA is proposing to modify the boundary of GFNMS to include the
coastal waters and submerged lands north of the current sanctuary
extending to the 39th parallel, just north of Point Arena in
Mendocino County, and extending seaward to the continental slope to
approximately the 10,000-foot (1,667-fathom) depth contour. NOAA is
also proposing to clarify that the boundary of GFNMS includes the
restored Giacomini Wetland at the northeastern end of Tomales Bay to
the Mean High Water Line consistent with current sanctuary
regulations. The combined expanded boundary would increase the size
of the sanctuary from 1,279 square miles (966 square nautical miles)
to 3,297 square miles (2,490 square nautical miles). The expanded
area would extend shoreward to the Mean High Water Line, but would
not include Salmon Creek Estuary, the Russian River Estuary, the
Gualala River Estuary, Arena Cove east of the pier or the Garcia
River Estuary. The southern boundary and portions of the western
boundary of GFNMS would be coterminous with CBNMS. A map of the area
under consideration may be found online at http://farallones.noaa.gov/manage/expansion_cbgf.html.
Application of Existing Regulations Without Changes to Proposed
Expansion Area
Prohibition on Certain Discharges
Generally, discharging or depositing any material or other
matter from within or into the sanctuary are prohibited in the
existing sanctuary and would be prohibited in the proposed expansion
area as well. The exceptions currently in place for some activities
would apply in the proposed expansion area as well and are described
below. The prohibition would apply not only to discharges and
deposits originating in the sanctuary (e.g., from vessels in the
sanctuary), but also, for example, from discharges and deposits
occurring above the sanctuaries. A description of the impacts of
this discharge regulation can be found in the discussion of the
proposed action in the DEIS published concurrently with this
proposed rule. NOAA is proposing to extend the following exceptions
to the GFNMS discharge/deposit prohibition to the expansion area:
1. The discharge/deposit of fish, fish parts, chumming materials
or bait would be allowed as long as it occurred during the conduct
of lawful fishing activities within the sanctuary.
2. The discharge/deposit of clean effluent generated incidental
to vessel use and generated by a Type I or II marine sanitation
device approved by the United States Coast Guard in accordance to
section 312 of the Federal Water Pollution Control Act, as amended,
(FWPCA; 33 U.S.C. 1322) would be allowed for vessels less than 300
gross registered tons (GRT) or for vessels 300 GRT or above without
sufficient holding tank capacity to hold sewage while within the
sanctuary.
3. The discharge/deposit of clean vessel engine cooling water,
clean vessel generator cooling water, clean bilge water, anchor
wash, vessel engine or generator exhaust from all vessels, including
cruise ships, would be allowed. An additional exception of clean
vessel deck wash down would apply to all vessels other than cruise
ships. The discharge/deposit of oily waste from bilge pumping would
be prohibited from any vessel if the waste contained any detectable
levels of harmful matter. In this case, a detectable level of oil
would be interpreted to include anything that produced a visible
sheen.
Prohibition on Construction on and Alteration to the Seabed
NOAA proposes to extend to the proposed expansion area for GFNMS
a provision that would prohibit constructing any structure other
than a navigation aid on or in the submerged lands of the Sanctuary;
placing or abandoning any structure on or in the submerged lands of
the Sanctuary; or drilling into, dredging, or otherwise altering the
submerged lands of the Sanctuary in any way. This provision would
include four existing exceptions to this prohibition: (1) Anchoring
vessels; (2) while conducting lawful fishing activities; (3) routine
maintenance and construction of docks and piers on Tomales Bay; or
(4) mariculture activities conducted pursuant to a valid lease,
permit, license or other authorization issued by the State of
California.
Prohibit the Take and Possession of Certain Species
NOAA proposes to extend to the proposed expansion area for GFNMS
an existing provision that would prohibit the taking or possession
of any marine mammal, sea turtle or bird within or above the
sanctuary unless it is 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. A
description of the impacts of this regulation can be found in the
discussion of the proposed action in the DEIS published concurrently
with this proposed rule.
Prohibit the Disturbance of Historic Resources
NOAA proposes to extend to the proposed expansion area for GFNMS
an existing provision that would prohibit possessing, moving,
removing, or injuring, or attempting to possess, move, remove or
injure a sanctuary historical resource in the sanctuary. A
description of the impacts of this regulation can be found in the
discussion of the proposed action in the DEIS published concurrently
with this proposed rule.
Prohibit the Introduction of Introduced Species
Currently, the introduction of introduced species is prohibited
in the federal waters of GFNMS, with the exception of catch and
release of striped bass (Morone saxatilis). In a separate
rulemaking, NOAA proposed to amend the regulation pertaining to
introduced species (79 FR 17073). This separate rulemaking would
provide an exception for the introduction of non-native shellfish
species for cultivation by mariculture activities in Tomales Bay, if
such activity is specifically authorized by any valid Federal,
State, or local lease, permit, license, approval, or other
authorization and subsequently authorized by the sanctuary pursuant
to 15 CFR 922.49 and 922.82. It would also give NOAA the ability to
consider and authorize new or amended existing operations of
commercial mariculture activities in state waters involving certain
introduced species of shellfish that are determined to be non-
invasive, including in Tomales Bay.
With this action, NOAA proposes to extend to the proposed
expansion area for GFNMS the existing provision that prohibits the
introduction of introduced species in the sanctuary as well as the
new provisions that will result from the ongoing separate rulemaking
mentioned above.
Prohibit White Shark Attraction and Approach
NOAA proposes to extend to the proposed expansion area for GFNMS
an existing provision that would prohibit attracting a white shark
anywhere within GFNMS.
Prohibit the Desertion of Vessels
NOAA proposes to extend to the proposed expansion area for GFNMS
an existing provision that would prohibit deserting a vessel
aground, at anchor, or adrift in the Sanctuary. NOAA also proposes
to extend to the proposed expansion area for GFNMS an existing
provision that would prohibit leaving harmful matter aboard a
grounded or deserted vessel in the GFNMS. A description of the
impacts of this regulation can be found in the discussion of the
proposed action in the DEIS published concurrently with this
proposed rule.
Exemption for Department of Defense Activities
NOAA proposes to extend to the GFNMS expansion area an existing
exemption for Department of Defense (DOD) activities necessary for
national defense, provided such
[[Page 20988]]
activities are conducted on or prior to the effective date of GFNMS
designation or GFNMS expansion. DOD activities necessary for
national defense initiated after the effective date of designation
or expansion could be exempted after consultation with the Sanctuary
Superintendent, with authority delegated from the ONMS Director. DOD
activities not necessary for national defense, such as routine
exercises and vessel operations, would be subject to all
prohibitions that apply to GFNMS.
Exemption for Emergencies
NOAA proposes to extend to the proposed expansion area for GFNMS
a provision that would exempt from sanctuary regulations for
activities necessary to respond to an emergency threatening life,
property, or the environment.
Exemption for Permitted Activities
NOAA proposes to extend to the expanded area an exemption for
activities that are permitted by the Sanctuary Superintendent, with
authority delegated from the ONMS Director, in accordance with the
permit issuance criteria found in 15 CFR 922.48 and 15 CFR 922.83.
It is important to note that permits would only be available for
activities that violate the regulations at 15 CFR 922.83(a)(2)
through (a)(16). No permit could be issued for activities that
violate 15 CFR 922.83(a)(1) which prohibit the exploration for,
development, or production of oil, gas or minerals within the
sanctuary. A Sanctuary Superintendent may issue a sanctuary permit
to: (1) Further research or monitoring related to sanctuary
resources and qualities; (2) further the educational value of the
sanctuary; (3) further salvage or recovery operations; or (4) assist
in managing the sanctuary.
Amend Existing Regulations
Regulations That Would Apply to Both Existing Sanctuary and
Proposed Expansion Area
Prohibition on Oil, Gas, or Minerals Exploration
NOAA is proposing to extend the current GFNMS regulations
pertaining to oil and gas exploration, development, and production
to the proposed expanded area, as well as making some amendments to
the regulation that would apply both to the current GFNMS as well as
the proposed expanded area, as described below.
1. NOAA is proposing to amend the current GFNMS regulation to
also prohibit exploring for, developing, or producing minerals
within the current boundary as well as the expansion area of GFNMS
to be consistent with CBNMS and Monterey Bay National Marine
Sanctuary, which are both adjacent to and abutting GFNMS. No
commercial exploration, development, or production of minerals is
currently conducted, nor is such activity anticipated in the near
future.
2. NOAA is proposing to remove the exception for laying
pipelines related to hydrocarbon operations adjacent to the
sanctuary. There are no existing or proposed oil or gas pipelines in
the vicinity and no currently planned or reasonably foreseeable oil
or gas development projects or leases that would necessitate
pipelines. Should an oil or gas pipeline be proposed in the future,
the new proposed authorization process (described below) could be
used to allow such a use.
Prohibition on Certain Discharges
The discharge/deposit of graywater as defined by section 312 of
the FWPCA by vessels less than 300 GRT, or vessels 300 GRT or
greater without sufficient holding tank capacity to hold graywater
while within the sanctuary would be excepted from the discharge
prohibition. This new exception is intended to allow small vessels
producing a small amount of clean graywater to continue operating
within the sanctuary. This new exception would not apply to cruise
ships. It would allow some vessels to discharge clean graywater
within the sanctuary (which is currently prohibited) as well as in
the proposed expansion area. Since the sanctuary would be expanded
and the adjacent CBNMS would be expanded, the larger area may make
it difficult for some larger vessels lacking holding capacity to
hold graywater discharges while transiting through the sanctuaries.
By allowing this discharge, non-cruise ship vessels would not be
forced to hold all graywater and would have the option of
discharging clean graywater in the sanctuary, consistent with the
existing provisions in MBNMS and state and federal regulations.
However, larger vessels greater than 300 GRT that have holding
capacity would be prohibited from discharging gray water anywhere in
the sanctuary.
This rule would extend to the proposed expansion area for GFNMS
an existing provision that also prohibits the discharge/deposit
originating outside the boundary of GFNMS that subsequently would
enter the sanctuary and injure a sanctuary resource or quality. This
existing regulation would be applied to the expansion area with the
addition of the exception for a vessel less than 300 GRT or a vessel
300 GRT or greater without sufficient holding capacity to hold the
graywater while within the Sanctuary, as mentioned above. A
description of the impacts of this regulation can be found in the
discussion of the proposed action in the DEIS published concurrently
with this proposed rule.
Modification of the Prohibition on Operating Motorized Personal
Watercraft
GFNMS regulations prohibit the operation of all motorized
personal watercraft (MPWC), except for emergency search and rescue
missions or law enforcement operations (other than routine training
activities) carried out by the National Park Service, U.S. Coast
Guard, Fire or Police Departments or other Federal, State or local
jurisdictions. MPWC, which are often referred to as
``jetskis''[supreg] or simply ``skis,'' include several small vessel
designs that share similar performance characteristics. NOAA has
restricted the use of MPWC within various sanctuaries when MPWC
operation poses a unique and significant threat of disturbance to
sanctuary habitats and wildlife through repetitive operation within
sensitive environments. NOAA's assessments of MPWC impacts indicate
that unrestricted access to all reaches of the sanctuary by such
craft are likely to pose a threat to wildlife and other ocean users.
Some MPWC operators commonly accelerate and decelerate repeatedly
and unpredictably, travel at rapid speeds directly toward shore, and
may maneuver close to rocks. Thus wildlife disturbance impacts from
MPWC tend to be more likely than those from motorboat use, due to
impacts in ecologically sensitive areas, often in nearshore
locations. More detailed information on the impacts of MPWC can be
found in the discussion of the proposed action in the DEIS published
concurrently with this proposed rule.
NOAA proposes to extend the current regulation to the proposed
expanded area, but would modify it to allow for the use of a MPWC
equipped with a functioning Global Positioning System (GPS) unit
within four newly designated zones within the sanctuary expansion
area, as described in the next section.
Regulations That Would Apply Only to Existing Sanctuary Area
Prohibit Low Flying Aircraft in Designated Zones
Currently NOAA prohibits disturbing marine mammals or seabirds
by flying motorized aircraft at less than 1,000 feet over the waters
within one nautical mile of the Farallon Islands, Bolinas Lagoon, or
any Area of Special Biological Significance (ASBS, see description
below), except to transport persons or supplies to or from the
Islands or for enforcement purposes. NOAA presumes that a failure to
maintain a minimum altitude of 1,000 feet above ground level over
such waters disturbs marine mammals or seabirds. NOAA is proposing
to rename the areas of overflight regulation ``Special Wildlife
Protection Zones'' (SWPZs) and make small changes to the areas of
overflight regulation within the existing boundaries of GFNMS. The
new SWPZs would implement restrictions to disturbing marine mammals
or seabirds by flying a motorized aircraft as well as to the sailing
of cargo vessels. In this section, NOAA describes changing the zones
from using existing state designated Areas of Special Biological
Significance and specific area names to a new slightly modified
configuration of Special Wildlife Protection Zones; NOAA describes
overflight regulations below and describes the restrictions to cargo
vessel use in a separate section below. A map of the zones under
consideration may be found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html.
1. NOAA is proposing to no longer use the location of State-
designated ASBS to define the areas where the low flying aircraft
prohibition applies. Instead, NOAA would designate SWPZs as defined
below. NOAA would delete the definition of ASBS in sanctuary
regulations, although those areas are designated by the state of
California for water quality purposes and they would continue to
exist in that capacity. The existing GFNMS regulations use a
combination of specified locations and State ASBS to protect
sensitive seabird and pinniped areas from cargo vessel disturbance
or discharge, and from low flying aircraft
[[Page 20989]]
disturbance. ASBS are those areas designated by California's State
Water Resources Control Board as requiring protection of species or
biological communities to the extent that alteration of natural
water quality is undesirable. ASBS are a subset of State Water
Quality Protection Areas established pursuant to California Public
Resources Code section 36700 et seq. These areas were designated
based on the presence of certain species or biological communities
that, because of their value or fragility, deserve special
protection by preserving and maintaining natural water quality
conditions to the extent practicable. Within the existing GFNMS
boundaries, ASBS coincide with areas of high biological diversity
and/or abundance of species, which is why NOAA originally prohibited
low overflights above these ASBS areas and within one nautical mile
of the edge of their boundaries. However, the ASBS in the expansion
area are not in locations that would provide adequate protection to
wildlife if used for low flying aircraft prohibitions. Therefore,
NOAA is proposing to standardize the nomenclature for the zones
where low overflight is prohibited by naming all of them SWPZs in
both the existing sanctuary and the proposed expansion area.
2. Instead of continuing to use ASBS boundaries with a one
nautical mile buffer and other specified locations, the new proposed
regulation would prohibit disturbing marine mammals or seabirds by
flying motorized aircraft at less than 1000 feet over the waters
within the newly designated SWPZs (except to transport persons or
supplies to or from the Farallon Islands or for enforcement
purposes.) Failure to maintain a minimum altitude of 1000 feet above
ground level over such waters would still be presumed to disturb
marine mammals or seabirds. This presumption of disturbance could be
overcome by contrary evidence that disturbance did not, in fact,
occur (e.g., evidence that no marine mammals or seabirds were
present in the area at the time of the low overflight).
3. SWPZs would be defined as areas of high biological diversity
and/or abundance of species including federally listed and specially
protected species. In particular these areas are white shark,
seabird, and marine mammal (pinniped) ``hotspots''. White shark
hotspots contain globally significant concentrations of white
sharks. Seabird hotspots are areas with large historic populations,
species diversity, and high concentration of nesting and roosting
birds. Pinniped hotpots provide critical habitat for pupping seals
and sea lions. In the proposed new boundaries for GFNMS, SWPZs would
be established where such hotspots are susceptible to disturbance by
low flying aircraft, cargo vessel operations, or in the case of
white sharks, tourism vessels. Therefore, SWPZs are proposed to
better encompass areas needing protection from certain human
activities and to provide consistency between the existing and
proposed areas of GFNMS.
4. There would be a total of five SWPZs in the current sanctuary
boundaries coinciding with previous state ASBS boundaries, which
were previously used to delineate the areas subject to prohibitions
on low flying aircraft: Tomales Point, Point Reyes, Duxbury Reef-
Bolinas Lagoon, and two zones at the Farallon Islands. In the
existing sanctuary boundaries, the proposed boundaries of the SWPZs
would remain similar in size and location to the areas currently
protected from low flying aircraft. The shape would change from
circles to polygons and would be delineated around known points,
islands and landmarks, instead of following ASBS boundaries with
either one or two nautical mile buffers. The proposed changes are
designed to aid compliance with the low overflight restriction zones
by allowing for visual recognition of the zones from the air. The
proposed new SWPZs would result in a slight increase in zone size
for some areas and a decrease in size in other areas as defined
below. For the Tomales Point zone, SWPZ 3, the boundaries would
encompass the area within the sanctuary surrounding Tomales Point
and the northern portion of Tomales Bay to the east shore at Toms
Point, and north to Estero de San Antonio. The proposed change would
increase the area by approximately 5 square miles. However, it would
only increase the time an aircraft would have to stay above 1,000
feet by approximately 35 seconds if traveling at a speed of 120
miles per hour, assuming the flight line is roughly parallel to the
coast. For the Point Reyes zone, SWPZ 4, the boundaries would
encompass the area within the sanctuary surrounding Point Reyes.
This change in shape would increase area by approximately 1.8 square
miles, but it would not increase the time an aircraft would have to
stay above 1,000 feet if traveling at a speed of 120 miles per hour.
For the Duxbury Reef-Bolinas Lagoon zone, SWPZ 5, the boundary would
encompass all of Bolinas Lagoon, but not Seadrift Lagoon, and extend
west to Bolinas Bay, south to Rocky Point and north to Millers
Point. The proposed change would increase area by approximately 4.5
square miles and increase the time an aircraft would have to stay
above 1,000 feet by approximately 20 seconds if traveling at a speed
of 120 miles per hour. The Southeast Farallon Islands Zone, SWPZ 6,
extends approximately 1 nautical mile seaward of Southeast Farallon
Island and Maintop Island. The proposed change would decrease the
area by approximately 2.2 square miles and decrease the time an
aircraft would have to stay above 1,000 feet by approximately 60
seconds if traveling at a speed of 120 miles per hour. The North
Farallon Islands Zone, SWPZ 7, extends approximately 1 nautical mile
seaward of North Farallon Island and Isle of St. James. The proposed
change would increase the area by approximately 1.4 square miles,
but would not increase the time an aircraft would have to stay above
1,000 feet if traveling at a speed of 120 miles per hour. Using
points, landmarks and islands changes the shape of the five existing
zones from circular to a polygon. However, the zones encompass the
same wildlife hotspots as the current zones and NOAA believes such
small changes in size of the new SWPZs would be inconsequential when
flying an aircraft due to the short amount of additional flight time
in which it would result. Also, the change in shape and the use of
known points, islands and landmarks, which can be identified from
the air would likely facilitate compliance from pilots. Therefore,
NOAA estimates that this proposed change in boundaries would result
in a negligible change of operations for low flying aircrafts above
the existing sanctuary.
Prohibit Cargo Vessels in Designated Zones
Currently NOAA prohibits cargo vessels from transiting closer
than two nautical miles of the Farallon Islands, Bolinas Lagoon, or
any ASBS to prevent wildlife disturbance and minimize the risk of
oil spills in these areas. NOAA is proposing to amend the current
prohibition on cargo vessels transiting close to sensitive wildlife
areas in the sanctuary to the proposed expanded area with the
following two changes. A map of the zones under consideration may be
found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html. NOAA would replace the current zones
including a two-nautical-mile buffer around the Farallon Islands,
Bolinas Lagoon, or any ASBS with SWPZs that would extend 1 nautical
mile into the same waters. Cargo vessels would be required to sail
at least one nautical mile from any SWPZ. Although the new proposed
regulation would change the buffer in the existing zones from two
nautical miles to one nautical mile, the proposed new SWPZs would
encompass the same areas that were previously identified in the
regulations. Therefore, the proposed new cargo vessel prohibition
would remain similar in size and location to the areas currently
protected from cargo vessels.
As proposed, the cargo vessel prohibition zones in the existing
sanctuary (which would encompass an area covering the SWPZs as well
as a one-mile buffer around them) would be very similar to the areas
currently protected from transiting cargo vessels, meaning that
overall size and location of the zones would not significantly
differ from the existing protected areas. The changes to the areas
in the existing sanctuary would result in a total area that would
only be 6.4 square miles larger than the existing cargo vessel
prohibition zones. Therefore, this proposed change in the current
boundaries would result in a negligible change for transiting cargo
vessels.
Prohibit White Shark Attraction and Approach
NOAA also prohibits approaching within 50 meters of a white
shark within 2 nautical miles of the Farallon Islands to prevent
harassment and to reduce wildlife disturbance to white sharks. The
proposed rule would amend the approach regulation in the current
GFNMS regulations, as described below.
1. NOAA is proposing to refine and further delineate the zone in
which it is prohibited to approach a white shark within 2 nautical
miles of the Farallon Islands by creating two zones that encompass
both the Southeast and North Farallon Islands. The location and size
of the zones would effectively remain similar to the current
prohibition at both the Southeast and North Farallon Islands,
however, the area around Middle Farallon Island would be removed
resulting in a total area that is smaller than the existing zone.
[[Page 20990]]
The previous zone was circular and surrounded all the Farallon
Islands. The two new zones would be changed to a polygon and match
the cargo vessel prohibition zones by creating a one nautical mile
buffer around proposed SWPZs 6 and 7. The proposed regulation would
prohibit disturbing white sharks by approaching within 50 meters of
a white shark while within one nautical mile of, and inside, the
newly designated SWPZs 6 and 7 around Southeast and North Farallon
Islands. Middle Farallon Island would not be included in the
approach prohibition. Middle Farallon Island is not considered to be
a location of primary food source (i.e., pinnipeds) for white
sharks. According to data collected by Point Blue Conservation
Science (1987-2011) only one confirmed white shark predation event
has occurred near middle Farallon Island during the fall season.
Only a small number (30 or less) of sea lions are able to haul out
on Middle Farallon Island at a time. In 2011, island biologists
observed a shark thrashing several times over a number of hours, but
no carcass or blood was ever observed, therefore the attack was not
confirmed. Additionally, researchers and tourism operators have not
been observed or reported in their logs approaching white sharks
near Middle Farallon Island.
2. SWPZs 6 and 7 would be the only two SWPZs in the current
sanctuary boundaries where approaching white sharks would be
prohibited. The proposed boundaries of the new SWPZs are very
similar to the areas currently protected from approaching white
sharks around the Southeast and North Farallon Islands meaning that
overall size and location would generally be the same as the
existing protected areas. The combined area of the current white
shark protection zone is approximately 52.3 square miles. The
combined area of the two new white shark protection zones would be
approximately 47.7 square miles. This is a reduction of 4.6 sq mi or
approximately 10% of the current area, but that reduction is due to
the removal of the Middle Farallon Island from the zone. Therefore,
NOAA believes this proposed change in boundaries would result in a
negligible change for researchers and tourism operators in the
existing sanctuary, and that the reconfiguration of SWPZs would
result in more effective resource protection.
Technical Changes to Boundaries
Minor technical changes were needed for the textual descriptions
and point locations of the No-Anchoring Seagrass Protection Zones in
Tomales Bay. Metric values (hectares and meters) were converted to
English units to be consistent with the rest of the document. All
zones with a shoreline component to their boundary are now described
in language that complies with current ONMS conventions for boundary
descriptions. In addition to modifying the text, the index numbers
of some coordinate pairs were reordered and some coordinates were
modified to accommodate the edited text. No change was made to the
existing zone locations or areas, except that the boundary
coordinates of Zone 5 were modified slightly so that the zone better
align with GFNMS boundaries. Therefore, this proposed rule would
correct minor errors and incorporate these changes without
significantly altering the size or location of the seagrass
protection zones.
Regulations That Would Apply Only to Proposed Expansion Area
Motorized Personal Watercraft Zones
Operation of MPWC would be allowed only within four designated
zones within the proposed expansion area and would limit access to
the nearshore. The proposed regulations specify that an operable GPS
unit in working condition must be carried on all MPWC accessing each
zone in order to accurately and precisely navigate to MPWC zones and
to ensure that the MPWC stays within the designated zones. The
proposed action would allow use of MPWC in areas totaling 33.4
square nautical miles. A map of the zones under consideration may be
found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html.
The sites of the four zones have been specifically proposed to
minimize or prevent impacts on nearshore wildlife, and to protect
known wildlife hotspots (which include areas of high biological
diversity or abundance of species) or federally listed and specially
protected species, while still allowing access to important
recreational areas for surfing and where species of concern have a
low likelihood of disturbance. Access to the proposed zones by
conventional vessels would continue unchanged.
NOAA is proposing three year-round MPWC use zones and one
seasonal MPWC zone within the GFNMS expansion area. Zone 1 is
approximately 8.5 square miles and is proposed from latitude 39 to
Arena Cove. This seasonal zone would be open from October through
February. It would be closed from March through September to limit
potential negative interactions with MPWC landing on Manchester
Beach during the time Snowy Plovers, listed as threatened by the
Endangered Species Act, nest on beaches. Zone 2 is approximately
26.2 square miles and is proposed from Arena Cove to Havens Neck.
Prominent visual markers at Arena Cove, Moat, Saunders Landing,
Iverson Landing and Haven's Neck would be used to define the eastern
boundary. The proposed zone would require MPWC users to stay seaward
of all the listed points at all times. Use of waypoints at each of
the shoreside locations would help operators with compliance. Zone 3
is approximately 3.8 square miles and is offshore of Timber Cove.
Zone 3 would be accessed through a boat ramp at Timber Cove. Zone 4
is approximately 6.1 square miles including the access route area
and is proposed offshore of Bodega Head to Coleman Beach. A 100-yard
access route from Bodega Harbor using the harbor entrance and two
navigational buoys would allow entrance to the southern boundary of
the zone. Seasonal access would also be available through Salmon
Creek, at Bean Avenue and the Ranger Station.
NOAA is not proposing to change the definition of MPWC used by
current GFNMS regulations in this proposed rule. However, NOAA has
proposed to consolidate and standardize definitions that are common
to all sanctuaries (including modifications to definition of MPWC)
in a separate rulemaking (78 FR 5998) published January 28, 2013.
The reasoning behind and impacts of this proposal are being analyzed
as part of the separate rulemaking with a separate public review
process. A final rule is currently in development for this separate
action.
Prohibit Low Flying Aircraft in Designated Zones
NOAA proposes to prohibit disturbing marine mammals or seabirds
by flying motorized aircraft at less than 1,000 feet over the waters
within one nautical mile of SWPZs except for enforcement purposes.
Similar to the current regulations applying to the existing
sanctuary, NOAA would presume that a failure to maintain a minimum
altitude of 1,000 feet above ground level over such waters disturbs
marine mammals or seabirds. NOAA is proposing to add two discrete
SWPZs with overflight restrictions in the proposed expanded area, as
described below. The new SWPZs would implement restrictions to
disturbing marine mammals or seabirds by flying a motorized aircraft
as well as to the sailing of cargo vessels. In this section, NOAA
describes the effect of the new SWPZs to low overflight regulations
and describes the restrictions to cargo vessel use in the following
section.
SWPZs would be defined as areas of high biological diversity
and/or abundance of species including federally listed and specially
protected species. In particular these areas are white shark,
seabird, and marine mammal (pinniped) ``hotspots''. White shark
hotspots contain globally significant concentrations of white
sharks. Seabird hotspots are areas with important populations,
species diversity, and which support a high concentration of nesting
and roosting birds. Pinniped hotpots provide vital habitat for
pupping seals and sea lions. In the proposed new boundaries for
GFNMS, SWPZs would be established where such hotspots are
susceptible to disturbance by low flying aircraft, cargo vessel
operations, or in the case of white sharks, tourism vessels.
Therefore, SWPZs are proposed to better encompass areas needing
protection from certain human activities and to provide consistency
between the existing and proposed areas of GFNMS.
Two new SWPZs would be created in the proposed expansion area.
The first zone, SWPZ 1, would extend south along the coast from
Havens Neck in Mendocino County approximately 10 miles to Del Mar
Point in Sonoma County and from the Mean High Water Line
approximately 1.75 miles seaward. The size of the zone would be
approximately 10.5 square miles. The overflight time would be about
200 seconds (3.33 minutes) for an aircraft traveling at 120 miles
per hour. SWPZ 1 would include observed pinniped haul-out areas, 3
species of breeding seabird colonies and one roosting seabird
species at Fish Rocks; and observed pinniped haul-out areas and 5
species of breeding seabirds at Gualala Point Island. The second
zone, SWPZ 2, would extend south along the coast from Windermere
Point, north of the Russian River in Sonoma County, approximately 14
miles to Duncans
[[Page 20991]]
Point and from the Mean High Water Line approximately 1.85 miles
seaward. The size of the zone would be approximately 21.4 square
miles. The overflight time would be about 375 seconds (6.25 minutes)
for an aircraft traveling at 120 miles per hour. SWPZ 2 would
include observed Steller Sea Lion haul out areas at Northwest Cape
(Fort Ross); and harbor seal haul out areas and 5 species of
breeding seabirds throughout the entire Russian River Colony
Complex, which is a system of offshore rocks north and south of the
Russian River. The seven zones would include 11 seabird hotspots and
9 pinniped hotspots within the existing sanctuary and the proposed
sanctuary expansion area. Many of these ``hotspots'' are ``colony
complexes'' which means that the area may include cliffs (used by
seabirds), clusters of rocks, or tidal mudflat islands (used by
pinnipeds). The combined area for all 7 SWPZs would cover 2.77% of
sanctuary waters (approximately 91.5 square miles).
Prohibit Cargo Vessels in Designated Zones
Currently NOAA prohibits cargo vessels from transiting closer
than two nautical miles of the Farallon Islands, Bolinas Lagoon, or
any ASBS to prevent wildlife disturbance and minimize the risk of
oil spills in these areas. NOAA is proposing to extend the current
prohibition on cargo vessels transiting close to sensitive wildlife
areas in the sanctuary to the proposed expanded area by proposing a
total of two new cargo prohibition zones in the proposed expansion
area.
The two proposed new cargo vessel restriction zones in the
proposed expansion area would be based on the proposed SWPZs, as
described above. Combined area of new proposed cargo vessel zones in
expansion area would be approximately 61.7 square miles. These two
new SWPZs would be inshore of known cargo vessel traffic routes,
therefore NOAA does not expect them to interfere significantly with
current cargo vessel traffic.
Add New Regulations
Prohibit Interference With an Investigation
NOAA proposes to add a new regulation to enhance an existing
statutory prohibition on interfering with, obstructing, delaying, or
preventing an investigation, search or seizure in connection with an
enforcement action related to the National Marine Sanctuaries Act
(NMSA; 16 U.S.C. 1431 et seq.).
Exemption for Authorized Activities
Current GFNMS permit regulations do not allow NOAA to authorize
any prohibited activity other than through the issuance of a
national marine sanctuary permit. With this action, NOAA is
proposing to add to GFNMS regulations the authority to authorize
certain activities such as the discharge, construction, drilling,
dredging or other disturbance on submerged land, taking and
possessing a marine mammal, sea turtle, or bird, and possessing
historical resources, as long as those activities are permitted or
licensed by another federal, State, or local agency, and as long as
the applicant complies with any terms and conditions deemed
necessary to protect sanctuary resources and qualities. In addition,
NOAA is proposing as part of a separate rulemaking to add to GFNMS
regulations the authority to authorize new or amended existing
operations of commercial mariculture activities in state waters
involving certain introduced species of shellfish that are
determined to be non-invasive (79 FR 17073). In the case of
authorization, the activity would have to comply with such terms,
but would not have to fit within the categories of activities for
which a sanctuary permit may be obtained. The activities would have
to be authorized by the Sanctuary Superintendent, with authority
delegated from the ONMS Director, under 15 CFR 922.83(d)and 15 CFR
922.49. This authorization provision is similar to that in the
existing regulations for MBNMS and five other national marine
sanctuaries. The Sanctuary Superintendent may also deny an
authorization or condition an approval to protect sanctuary
resources.
The exemption for authorized activities in this proposed rule
would result in a new management authority in GFNMS as it currently
stands as well as in the proposed expanded sanctuary.
In addition, NOAA is proposing to amend in the GFNMS regulations
the explanation of the procedure by which preexisting leases,
permits, licenses, or rights of subsistence use or access applying
to the expansion area and in existence on the effective date of the
sanctuary expansion may be certified (see 15 CFR 922.84), to clarify
that the certification process would only be in place in the
expansion area.
Cordell Bank National Marine Sanctuary Regulations
This section describes the changes NOAA is proposing to make to
the regulations for CBNMS to implement the proposed expansion of the
sanctuary, which is the basis for this rulemaking. It is organized
by type of regulatory amendments as follows:
--It includes proposed changes to the boundary description;
--It would apply existing regulations without changes to the
proposed expansion area for certain regulations and exceptions
related to discharge, prohibiting oil, gas and minerals exploration,
taking and possessing certain species, introducing introduced
species, exemptions for Department of Defense and emergency
response, permit criteria and requirements, and issuance of
emergency regulations;
--It would amend an existing regulation regarding graywater
discharge and apply it to both the existing sanctuary and proposed
expansion area;
--It would add new regulations related to disturbing historical
resources, interference with an investigation and the ability for
NOAA to authorize certain activities otherwise prohibited.
Boundary Expansion
NOAA is proposing to modify the boundary of CBNMS. The proposed
new boundary for CBNMS would increase the size of the sanctuary from
approximately 528 square miles (399 nautical square miles) to 1,286
square miles (971 nautical square miles) and would include the
waters and submerged lands north and west of the current sanctuary.
The larger boundary for CBNMS would include Bodega Canyon, a
significant bathymetric feature that contributes directly to the
biological productivity of the existing sanctuary ecosystem but is
not currently part of CBNMS. Submarine canyons support deep water
communities and affect local and regional water circulation
patterns. The eastern and northern boundaries of CBNMS would be
coterminous with GFNMS.
Extension of Existing Regulations Without Changes to Proposed
Expansion Area
Prohibition on Certain Discharges
Generally, discharging or depositing any material or other
matter from within or into the sanctuary are prohibited in the
existing sanctuary and would be prohibited in the proposed expansion
area as well. The exceptions currently in place for some activities
would apply in the proposed expansion area as well and are described
below. The prohibition would apply not only to discharges and
deposits originating in the sanctuary (e.g., from vessels in the
sanctuary), but also, for example, from discharges and deposits
occurring above the sanctuaries. A description of the impacts of
this discharge regulation can be found in the discussion of the
proposed action in the DEIS published concurrently with this
proposed rule. NOAA is proposing to extend the following exceptions
to the CBNMS discharge/deposit prohibition to the expansion area:
1. The discharge/deposit of fish, fish parts, chumming materials
or bait would be allowed as long as they were made during the
conduct of lawful fishing activities within the sanctuary. This
existing regulation would be applied to the expansion area without
amendment. A description of the impacts of this regulation can be
found in the discussion of the proposed action in the DEIS published
concurrently with this proposed rule.
2. The discharge/deposit of clean effluent generated incidental
to vessel use and generated by a Type I or II marine sanitation
device approved by the United States Coast Guard in accordance to
section 312 of the Federal Water Pollution Control Act, as amended,
(FWPCA; 33 U.S.C. 1322) would be allowed for vessels less than 300
gross registered tons (GRT) or for vessels 300 GRT or above without
sufficient holding tank capacity to hold sewage while within the
sanctuary. This existing regulation would be applied to the
expansion area without amendment. A description of the impacts of
this regulation can be found in the discussion of the proposed
action in the DEIS published concurrently with this proposed rule.
3. The discharge/deposit of clean vessel engine cooling water,
clean vessel generator cooling water, clean bilge water, anchor
wash, vessel engine or generator exhaust from all vessels, including
cruise ships, would be allowed. An additional exception of clean
vessel deck wash down would apply to all vessels other than cruise
ships as defined above in the existing sanctuary and the expansion
area. The discharge/deposit of oily waste from bilge pumping would
be prohibited from any vessel if the waste contained any detectable
levels of harmful
[[Page 20992]]
matter. In this case, a detectable level of oil would be interpreted
to include anything that produced a visible sheen. A description of
the impacts of this regulation can be found in the discussion of the
proposed action in the DEIS published concurrently with this
proposed rule.
Prohibit Oil, Gas, or Minerals Exploration
NOAA is proposing to apply to the proposed expansion area for
CBNMS an existing provision that would prohibit exploring for,
developing or producing oil, gas, or minerals within CBNMS.
Prohibit the Take and Possession of Certain Species
NOAA is proposing to extend to the proposed expansion area for
CBNMS an existing provision that prohibits the taking or possession
of any marine mammal, sea turtle or bird within or above the
sanctuary unless it is 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. A
description of the impacts of this regulation can be found in the
discussion of the proposed action in the DEIS published concurrently
with this proposed rule.
Prohibit the Introduction of Introduced Species
NOAA is proposing to extend to the proposed expansion area for
CBNMS a provision that would prohibit introducing or otherwise
releasing from within or into the sanctuary an introduced species,
except striped bass (Morone saxatilis) released in the sanctuary
during catch and release fishing. The rationale for this proposed
regulation is the same as that for the proposed introduced species
regulation for GFNMS.
Exemption for Department of Defense Activities
NOAA proposes to extend to the proposed expansion area for CBNMS
the existing provision that would exempt the Department of Defense
(DOD) from sanctuary regulations for activities carried out before
the effective date of designation (for current CBNMS boundary) or
before the effective date of expansion (for proposed expanded area)
that are necessary for national defense. DOD activities necessary
for national defense initiated after the effective date of
designation (for current CBNMS boundary) or expansion date (for
proposed expanded area) could be exempted after consultation between
DOD and the Sanctuary Superintendent, with authority delegated from
the ONMS Director. DOD activities not necessary for national
defense, such as routine exercises and vessel operations, would be
subject to all prohibitions that apply to CBNMS.
Exemption for Emergencies
NOAA proposes to apply to the proposed expansion area for CBNMS
the existing exemption for activities necessary to respond to an
emergency threatening life, property, or the environment.
Exemption for Permitted Activities
NOAA proposes to provide an exemption for activities that are
permitted by the Sanctuary Superintendent, with authority delegated
from the ONMS Director, in accordance with the permit issuance
criteria found in 15 CFR 922.48 and 15 CFR 922.113. The Sanctuary
Superintendent may issue a sanctuary permit to: (1) Further research
or monitoring related to sanctuary resources and qualities; (2)
further the educational value of the sanctuary; (3) further salvage
or recovery operations; or (4) assist in managing the sanctuary. It
is important to note that permits would only be available for
activities that otherwise violate the regulations at 15 CFR 922.112,
(a)(2) through (a)(7). No permit could be issued for activities that
violate 15 CFR 922.112(a)(1), which prohibits the exploration for,
development, or production of oil, gas or minerals within the
sanctuary.
Provision for Emergency Regulation
NOAA proposes to extend to the proposed expansion area for CBNMS
a provision that would allow NOAA to issue emergency regulations,
within the limits of the NMSA, for no more than 120 days in order to
prevent immediate, serious, and irreversible damage to a sanctuary
resource.
Amend Existing Regulations
Regulations That Would Apply to Both Existing Sanctuary and
Proposed Expansion Area
Prohibition on Certain Discharges
The discharge/deposit of graywater, as defined by section 312 of
the FWPCA, by vessels less than 300 GRT, or vessels 300 GRT or
greater without sufficient holding tank capacity to hold graywater
while within the sanctuary would be excepted. This exception is
intended to allow small vessels producing a small amount of waste to
continue operating within the sanctuary. This exception would not
apply to cruise ships, as defined above. This regulation does not
currently exist in CBNMS; its promulgation would result in new
sanctuary protection measure in both CBNMS as it currently stands as
well as in the proposed expanded sanctuary. This new exemption would
allow some vessels to discharge clean graywater within the sanctuary
(which is currently prohibited) as well as in the proposed expansion
area. However, larger vessels greater than 300 GRT that have holding
capacity would be prohibited from discharging gray water anywhere in
either sanctuary. A description of the impacts of this regulation
can be found in the discussion of the proposed action in the DEIS
published concurrently with this proposed rule.
This rule would extend to the proposed expansion area for CBNMS
a provision that also prohibits the discharge/deposit originating
outside the boundary of CBNMS that subsequently would enter the
sanctuary and injure a sanctuary resource or quality. This existing
regulation would be applied to the expansion area, with the addition
of the exception for a vessel less than 300 GRT or a vessel 300 GRT
or greater without sufficient holding capacity to hold the graywater
while within the Sanctuary, as mentioned above. A description of the
impacts of this regulation can be found in the discussion of the
proposed action in the DEIS published concurrently with this
proposed rule.
Add New Regulations
Prohibit the Disturbance of Historic Resources
NOAA is proposing to prohibit the disturbance of, or attempts to
disturb, a sanctuary historical resource. This modification would
add protection to these fragile, finite, and non-renewable resources
so they may be studied, and appropriate information may be made
available for the benefit of the public. This rule would also
prohibit the possession of a sanctuary historical resource, and
would provide for comprehensive protection of sanctuary resources by
making it illegal to possess historical resources in any geographic
location. For example, this rule would make it illegal for anyone to
possess an artifact taken from a shipwreck in CBNMS even if the
individual is no longer in the sanctuary. While the presence of
historical resources on Cordell Bank or in its surrounding waters is
not known, such resources could exist. Since the proposed expanded
sanctuary would be considerably larger in size, there may be
submerged resources requiring protection that have yet to be
discovered.
Prohibit Interference With an Investigation
NOAA proposes to add a new regulation to implement an existing
statutory prohibition on interfering with, obstructing, delaying, or
preventing an investigation, search or seizure in connection with an
enforcement action related to the National Marine Sanctuaries Act
(NMSA; 16 U.S.C. 1431 et seq.).
Exemption for Authorized Activities
Current CBNMS permit regulations do not allow the authorization
of any prohibited activity other than through the issuance of a
national marine sanctuary permit.
NOAA is proposing to add to CBNMS regulations the authority to
authorize certain activities such as the discharge, construction,
drilling, dredging or other disturbance on submerged land outside of
the line representing the 50-fathom isobath around Cordell Bank,
taking and possessing a marine mammal, sea turtle, or bird, and
possessing historical resources, as long as those activities are
permitted or licensed by another federal or State agency, and as
long as the applicant complies with any terms and conditions deemed
necessary to protect sanctuary resources and qualities. In the case
of authorization, the activity would have to comply with such terms,
but would not have to fit within the categories of activities for
which a sanctuary permit may be obtained. The activities would have
to be authorized by the Sanctuary Superintendent, with authority
delegated from the ONMS Director, under 15 CFR 922.112(d) and 15 CFR
922.49. This authorization provision is similar to that in the
existing regulations for MBNMS and five other national marine
sanctuaries. The Sanctuary Superintendent may also deny an
authorization or condition an approval to protect sanctuary
resources.
The exemption for authorized activities in this proposed rule
would result in a new
[[Page 20993]]
management authority in CBNMS as it currently stands as well as in
the proposed expanded sanctuary.
IV. Classification
National Environmental Policy Act
NOAA has prepared a draft environmental impact statement to
evaluate the environmental effects of the proposed rulemaking.
Copies are available at the address and Web site listed in the
ADDRESSES section of this proposed rule. Responses to comments
received on this proposed rule will be published in the final
environmental impact statement and preamble to the final rule.
Coastal Zone Management Act
Section 307 of the Coastal Zone Management Act (CZMA; 16 U.S.C.
1456) requires Federal agencies to consult with a state's coastal
program on potential Federal regulations having an effect on state
waters. NOAA will submit a copy of this proposed rule and supporting
documents to the California Coastal Commission for evaluation of
Federal consistency under the CZMA.
Executive Order 12866: Regulatory Impact
Under Executive Order 12866, if the proposed regulations are
``significant,'' as defined in section 3(f) of the Order, an
assessment of the potential costs and benefits of the regulatory
action must be prepared and submitted to the Office of Management
and Budget. This proposed rule has been determined to be not
significant within the meaning of Executive Order 12866.
Executive Order 13132: Federalism Assessment
NOAA has concluded that this regulatory action does not have
federalism implications sufficient to warrant preparation of a
federalism assessment under Executive Order 13132.
Executive Order 13175: Tribal Consultation and Collaboration
Representatives from the Manchester Band of Pomo Indians, Kashia
Band of Pomo Indians of Stewarts Point Rancheria, and Federated
Indians of Graton Rancheria were invited in writing to consult with
NOAA under Executive Order 13175. As of publication date of this
notice of proposed rulemaking, NOAA has not received answers to the
consultation letters. However, NOAA will continue to seek their
participation in the development of this rulemaking.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows:
The Small Business Administration has established thresholds on
the designation of businesses as ``small entities''. A fish-
harvesting business is considered a small business if has annual
receipts not in excess of $3.5 million (13 CFR 121.201). Sports and
recreation businesses and scenic and sightseeing transportation
businesses are considered small businesses if they have annual
receipts not in excess of $6 million (13 CFR 121.201). According to
these limits, each of the businesses potentially affected by the
proposed rule, except those in the oil and gas and commercial marine
transportation businesses would most likely be small businesses.
The analysis presented here is based on limited quantitative
information on how much activity occurs within the boundaries of the
proposed expansion areas for CBNMS and GFNMS, except for commercial
fishing operations.
In 2013, NOAA conducted a study on the economic impact of
California's commercial fisheries in all four California national
marine sanctuaries, including the expansion area for the CBNMS and
GFNMS. NOAA obtained commercial fishing data from the California
Department of Fish and Wildlife (CDFW) for years 2000 to 2012. In
2012, there were a little over 200 fishing operations that made some
catch from the CBNMS-GFNMS expansion area. These operations had
harvest revenue of $6.55 million (measured in 2013 dollars using the
Consumer Price Index, which generated income (including multiplier
impacts) of $5.45 million and 246 full and part-time jobs.
Methodology. Due to the lack of quantitative data on the number
of businesses directly affected by the proposed regulations and
their levels of revenues, costs and profits from their activities in
the CBNMS-GFNMS expansion area, the assessment here is qualitative.
Scales Used for Assessing Impacts. For assessing levels of
impacts within an alternative, NOAA used three levels plus ``no
impacts''. The three levels are ``negligible'', ``moderate'' and
``high.''
For levels of impacts within a proposed alternative, negligible
means very low benefits, costs, or net benefits (less than 1%
change). Moderate impacts would be more than 1% and less than or
equal to 10%), and high impacts would be more than 10%. For market
economic values (revenue, costs, and profits), negligible would mean
no likely impact whereas moderate and high could mean some
measurable impact on market economic values at the levels noted
above. NOAA analyzed five regulatory alternatives (Proposed Action,
No Action, Existing Regulations, Arena Cove Boundary, and
Alternative Motorized Personal Watercraft (MPWC) Zones.) User groups
that entail small businesses included commercial fishing operation,
recreation-tourism related businesses, and land use and development
businesses. Other user groups included in the full regulatory impact
review and not included here are research and education, people who
receive passive economic use value from improvements in natural
resource qualities/quantities, businesses in offshore energy (oil
and gas industry and alternative energy such as wave and wind energy
firms) and those firms involved in marine transportation. Firms
involved in offshore energy and marine transportation directly
affected by the proposed regulations were judged not to be small
businesses.
NOAA assessed three types of regulations included in the
proposed action (discharges, submerged lands--seabed alterations,
and introduced species), plus the impact of all regulations
combined. Oil and gas regulations addressed in the full regulatory
impact review are not discussed here since the oil and gas industry
is judged not to involve small businesses.
Proposed Action
Discharge Regulations. Under the proposed rule, NOAA would
require commercial fishing operations and businesses involved in
providing guide services in the recreation-tourism industry (e.g.
charter and party boat fishing operations and whale-watching or
other wildlife observation or guide businesses) to hold and dispose
of wastes prohibited by the regulations from discharge or deposit
within the sanctuary until they are outside sanctuary boundaries.
NOAA expects negligible costs from these regulations for all these
operations. NOAA's proposed exemption for graywater discharges for
vessels under 300 gross registered tons (GRT) or over 300 GRT but
without sufficient holding tank capacity, would lessen the impact of
the regulation in the sanctuary, and therefore would reduce the cost
of compliance. NOAA expects both the commercial fishing industry and
the recreation-tourism industry to receive moderate net benefits
from these regulations in that habitat qualities would improve
generating increased fish stocks for commercial and recreational
fishing and improvements in the qualities that the recreation-
tourism industry depends upon resulting in increased business
revenues and profits. Thus, NOAA expects that the commercial fishing
and recreation-tourism industries would benefit from the discharge
regulations. NOAA expects the proposed action to generate a mid-
range level of costs and mid-range levels of costs with a mid-range
level of net benefits compared with all other regulatory
alternatives. Land use and development businesses would not be
directly affected by the discharge regulations.
Submerged lands--Seabed Alteration Regulations. Regulations
prohibiting disturbances of the seabed would impact the commercial
fishing industry, the recreation-tourism industry, and land use and
development industry. NOAA expects all of these industries to
receive moderate net benefits from these regulations because of the
improvement or maintenance of habitat qualities that these
industries depend upon. NOAA also expects businesses in these
industries to experience negligible increases in costs of
operations. The land use--development industry would be expected to
benefit through increased property values. There are many examples
in the economics literature showing that property values are
enhanced when located near protected areas. Because of the
exemptions, permit, and authorization processes in the proposed
action, which may allow for some activities that disturb the seabed,
costs are less than the alternative of extending existing
regulations in the current sanctuaries to the proposed expansion
area and would be expected to be in the mid-range of costs across
all alternatives.
[[Page 20994]]
Introduced Species Regulations. Baiting and processing can be
pathways for introduction of invasive species. The proposed action
could potentially require commercial and recreational fishing
operations to alter their baiting methods to reduce the likelihood
for the introduction of invasive species into the proposed sanctuary
expansion areas, but this is not likely because no known non-native
species are currently being used as bait in these areas. No current
operations involving fish processing vessels within the expansion
area are known. NOAA expects the proposed action to limit
competition between introduced and native species and provide
ongoing stability to native populations of harvested species. Thus,
NOAA expects these regulations to result in moderate benefits and
net benefits to the commercial fishing industry, the recreation-
tourism industry and businesses in the land use and development
industry as habitat qualities are maintained or improved, while
resulting in negligible costs to businesses in the commercial and
recreational fishing industry. Again, the businesses in land use and
development would benefit through enhanced property values. The
proposed action is in the mid-range of benefits, costs and net
benefits for the commercial fishing and recreation-tourism industry
businesses across all regulatory alternatives, while land use and
development would be expected to be in the mid-range of benefits and
net benefits and no costs.
All Regulations. NOAA expects the combined effects of all of the
regulations in the proposed action to generate moderate benefits and
net benefits to businesses in all three industries, while imposing
negligible costs. NOAA also expects the proposed action to result in
a mid-range of benefits and net benefits to businesses in all three
industries, while imposing next to the lowest costs across all
regulatory alternatives analyzed in the draft environmental impact
statement.
Because the impacts of this proposed rule on commercial fishing,
recreational tourism, and land use and development businesses are
minimal, the Chief Counsel for Regulation certified to the Chief
Counsel for Advocacy at SBA that this rulemaking would not have a
significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
ONMS has a valid Office of Management and Budget (OMB) control
number (0648-0141) for the collection of public information related
to the processing of ONMS permits across the National Marine
Sanctuary System. NOAA's proposal to expand GFNMS and CBNMS would
likely result in an increase in the number of requests for ONMS
general permits, special use permits, and authorizations due to the
increase in the spatial extent of the applicable regulations for
these sanctuaries and the addition of the authority to authorize
other valid federal, state, or local leases, permits, licenses,
approvals, or other authorizations. An increase in the number of
ONMS permit requests would require a change to the reporting burden
certified for OMB control number 0648-0141. An update to this
control number for the processing of ONMS permits would be requested
as part of the final rule for sanctuary expansion.
Send comments regarding the burden estimate for this data
collection requirement, or any other aspect of this data collection,
including suggestions for reducing the burden, to NOAA (see
ADDRESSES) and by email to OIRA_submission@omb.eop.gov, or fax to
(202) 395-7285. Notwithstanding any other provision of law, no
person is required to respond to, nor shall any person be subject to
a penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act, unless
that collection of information displays a currently valid OMB
control number.
V. Request for Comments
NOAA requests comments on this proposed rule by June 30, 2014.
VI. References
A complete list of all references cited herein is available upon
request (see ADDRESSES section).
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Historic
preservation, Intergovernmental relations, Marine resources, Natural
resources, Penalties, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife.
Dated: April 4, 2014.
Holly A. Bamford,
Assistant Administrator, for Ocean Services and Coastal Zone
Management.
Accordingly, for the reasons discussed in the preamble, the
National Oceanic and Atmospheric Administration proposes to amend 15
CFR part 922 as follows:
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
0
1. The authority citation for part 922 continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
0
2. Amend Sec. 922.49 by revising paragraphs (a),(b), and(c) to read as
follows:
Sec. 922.49 Notification and review of applications for leases,
licenses, permits, approvals, or other authorizations to conduct a
prohibited activity.
(a) A person may conduct an activity prohibited by subpart H,
subparts K through P, or subpart R, if such activity is specifically
authorized by any valid Federal, State, or local lease, permit,
license, approval, or other authorization issued after the effective
date of Sanctuary designation, or in the case of the Florida Keys
National Marine Sanctuary after the effective date of the regulations
in subpart P, provided that:
* * * * *
(b) Any potential applicant for an authorization described in
paragraph (a) of this section may request the Director to issue a
finding as to whether the activity for which an application is intended
to be made is prohibited by subpart H, subparts K through P, or subpart
R, as appropriate.
(c) Notification of filings of applications should be sent to the
Director, Office of Ocean and Coastal Resource Management at the
address specified in subpart H, subparts K through P, or subpart R, as
appropriate. A copy of the application must accompany the notification.
* * * * *
0
3. Revise part 922 Subpart H to read as follows:
Subpart H--Gulf of the Farallones National Marine Sanctuary
Sec. 922.80 Boundary.
(a) Gulf of the Farallones National Marine Sanctuary (Sanctuary)
encompasses an area of approximately 2,490 square nautical miles (3,297
square miles) of coastal and ocean waters, and submerged lands
thereunder, surrounding the Farallon Islands and Noonday Rock along the
northern coast of California. The precise boundary coordinates are
listed in Appendix A to this subpart.
(b) The western boundary of the Sanctuary extends south from Point
1 approximately 45 nautical miles (52 miles) to Point 2, which is the
northwestern corner of Cordell Bank National Marine Sanctuary (CBNMS).
The Sanctuary boundary then extends from Point 2 approximately 38
nautical miles (43 miles) east along the northern boundary of CBNMS to
Point 3, which is approximately 7 nautical miles (8 miles) west of
Bodega Head. From Point 3 the Sanctuary boundary continues to south and
west to Points 4 through Point 19 (in numerical sequence) and is
coterminous with the eastern boundary of CBNMS. From Point 19 the
Sanctuary boundary continues south and east to Points 20 through 25 (in
numerical sequence) until it intersects the boundary for Monterey Bay
National Marine Sanctuary (MBNMS) at Point 26. From Point 26 the
Sanctuary boundary extends eastward and northward, coterminous with
MBNMS, to Points 27 through 33 (in numerical sequence). From Point 33
the boundary proceeds along a straight line arc towards Point 34 until
it intersects the Mean High Water Line at Rocky Point, California. From
this intersection the Sanctuary
[[Page 20995]]
boundary follows the Mean High Water Line northward until it intersects
the boundary for Point Reyes National Seashore approximately 0.7
nautical miles (0.8 miles) south and east of Bolinas Point in Marin
County, California. The Sanctuary boundary then approximates the
boundary for Point Reyes National Seashore, as established at the time
of designation of the Sanctuary, to the intersection of the Point Reyes
National Seashore boundary and the Mean High Water Line approximately
0.13 nautical miles (0.15 miles) south and east of Duck Cove in Tomales
Bay. The Sanctuary boundary then follows the Mean High Water Line along
Tomales Bay and Giacomini Wetland and up Lagunitas Creek to the U.S.
Highway 1 Bridge. Here the Sanctuary boundary crosses Lagunitas Creek
and follows the Mean High Water Line north to the Estero de San Antonio
and up the Estero to the tide gate at Valley Ford-Franklin School Road.
Here the Sanctuary boundary crosses the Estero de San Antonio and
proceeds west and north following the Mean High Water Line to the
Estero Americano and up the Estero to the bridge at Valley Ford-Estero
Road. Here the Sanctuary boundary crosses the Estero Americano and
proceeds west and north following the Mean High Water Line to the
Salmon Creek Estuary. At the Salmon Creek Estuary the boundary
continues along the Mean High Water Line of the southern shore of the
Salmon Creek Estuary until it intersects a straight line arc connecting
Point 35 and Point 36. At that intersection the boundary extends across
the estuary towards Point 36 until it intersects the Mean High Water
Line of the northern shore of the Salmon Creek Estuary. From this
intersection the boundary follows the Mean High Water Line to the
Russian River. At the Russian River the boundary continues along the
Mean High Water Line of the southern shore of the Russian River until
it intersects a straight line arc connecting Point 37 and Point 38. At
that intersection the boundary extends across the river towards Point
38 until it intersects the Mean High Water Line of the northern shore
of the Russian River. From this intersection the boundary follows the
Mean High Water Line to the Gualala River. At the Gualala River the
boundary continues along the Mean High Water Line of the southern shore
of the Gualala River until it intersects a straight line arc between
Point 39 and Point 40. At that intersection the boundary extends across
the river towards Point 40 until it intersects the Mean High Water Line
of the northern shore of the Gualala River. From this intersection the
boundary follows the Mean High Water Line to Arena Cove in Mendocino
County. At Arena Cove the boundary continues along the Mean High Water
Line of the southern shore of Arena Cove until it intersects a straight
line arc connecting Point 41 and Point 42. At that intersection the
boundary extends across the cove towards Point 42 until it intersects
the Mean High Water Line of the northern shore of Arena Cove. From this
intersection the boundary follows the Mean High Water Line north to the
Garcia River. At the Garcia River the boundary continues along the Mean
High Water Line of the southern shore of the Garcia River until it
intersects a straight line arc connecting Point 43 and Point 44. At
that intersection the boundary extends across the river towards Point
44 until it intersects the Mean High Water Line of the northern shore
of the Garcia River. The Sanctuary boundary then continues to follow
the Mean High Water Line until it intersects the rhumb line connecting
Point 45 at Manchester Beach in Mendocino County, California and Point
46. From this intersection the Sanctuary boundary continues west along
its northernmost extent to Point 46. The Sanctuary includes Bolinas
Lagoon, Estero de San Antonio (to the tide gate at Valley Ford-Franklin
School Road) and Estero Americano (to the bridge at Valley Ford-Estero
Road), as well as Bodega Bay, but does not include Bodega Harbor, the
Salmon Creek Estuary, the Russian River Estuary, the Gualala River
Estuary, the portion of Arena Cove from the end of the pier eastward,
or the Garcia River Estuary. Unless otherwise specified, where the
Sanctuary boundary crosses a waterway, the Sanctuary excludes this
waterway.
Sec. 922.81 Definitions.
In addition to those definitions found at Sec. 922.3, the
following definitions apply to this subpart:
Attract or attracting means the conduct of any activity that lures
or may lure any animal in the Sanctuary by using food, bait, chum,
dyes, decoys (e.g., surfboards or body boards used as decoys),
acoustics or any other means, except the mere presence of human beings
(e.g., swimmers, divers, boaters, kayakers, surfers).
Clean means not containing detectable levels of harmful matter.
Cruise ship means a vessel with 250 or more passenger berths for
hire.
Deserting means leaving a vessel aground or adrift without
notification to the Director of the vessel going aground or becoming
adrift within 12 hours of its discovery and developing and presenting
to the Director a preliminary salvage plan within 24 hours of such
notification, after expressing or otherwise manifesting intention not
to undertake or to cease salvage efforts, or when the owner/operator
cannot after reasonable efforts by the Director be reached within 12
hours of the vessel's condition being reported to authorities; or
leaving a vessel at anchor when its condition creates potential for a
grounding, discharge, or deposit and the owner/operator fails to secure
the vessel in a timely manner.
Harmful matter means any substance, or combination of substances,
that because of its quantity, concentration, or physical, chemical, or
infectious characteristics may pose a present or potential threat to
Sanctuary resources or qualities, including but not limited to: Fishing
nets, fishing line, hooks, fuel, oil, and those contaminants
(regardless of quantity) listed pursuant to 42 U.S.C. 101(14) of the
Comprehensive Environmental Response, Compensation and Liability Act at
40 CFR 302.4.
Introduced species means any species (including, but not limited
to, any of its biological matter capable of propagation) that is non-
native to the ecosystems of the Sanctuary; or any organism into which
altered genetic matter, or genetic matter from another species, has
been transferred in order that the host organism acquires the genetic
traits of the transferred genes.
Motorized personal watercraft means any vessel, propelled by
machinery, that is designed to be operated by standing, sitting, or
kneeling on, astride, or behind the vessel, in contrast to the
conventional manner, where the operator stands or sits inside the
vessel; any vessel less than 20 feet in length overall as manufactured
and propelled by machinery and that has been exempted from compliance
with the U.S. Coast Guard's Maximum Capacities Marking for Load
Capacity regulation found at 33 CFR Parts 181 and 183, except
submarines; or any other vessel that is less than 20 feet in length
overall as manufactured, and is propelled by a water jet pump or drive.
Routine maintenance means customary and standard procedures for
maintaining docks or piers.
Seagrass means any species of marine angiosperms (flowering plants)
that inhabit portions of the submerged lands in the Sanctuary. Those
species include, but are not limited to: Zostera asiatica and Zostera
marina.
Special Wildlife Protection Zones are areas of high biological
diversity and/or abundance of species that are susceptible to
disturbance, including
[[Page 20996]]
federally listed and specially protected species. In particular these
areas are white shark, seabird and marine mammal (pinniped)
``hotspots''. White shark ``hotspots'' are where there are globally
significant concentrations of white sharks. Seabird ``hotspots'' are
areas with important populations, species diversity, and which support
high concentration of nesting and roosting birds. Pinniped ``hotpots''
provided vital habitat for pupping seals and sea lions. Special
Wildlife Protection Zones are established where ``hotspots'' are
susceptible to disturbance and their coordinates are found in Appendix
D of this Subpart.
Sec. 922.82 Prohibited or otherwise regulated activities.
(a) The following activities are prohibited and thus are unlawful
for any person to conduct or to cause to be conducted within the
Sanctuary:
(1) Exploring for, developing, or producing oil, gas or minerals.
(2) Discharging or depositing from within or into the Sanctuary,
other than from a cruise ship, any material or other matter except:
(i) Fish, fish parts, chumming materials or bait used in or
resulting from lawful fishing activities within the Sanctuary, provided
that such discharge or deposit is during the conduct of lawful fishing
activity within the Sanctuary;
(ii) For a vessel less than 300 gross registered tons (GRT), or a
vessel 300 GRT or greater without sufficient holding tank capacity to
hold sewage while within the Sanctuary, clean effluent generated
incidental to vessel use by an operable Type I or II marine sanitation
device (U.S. Coast Guard classification) that is approved in accordance
with section 312 of the Federal Water Pollution Control Act, as amended
(FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine
sanitation devices in a manner that prevents discharge or deposit of
untreated sewage;
(iii) Clean vessel deck wash down, clean vessel engine cooling
water, clean vessel generator cooling water, clean bilge water, or
anchor wash;
(iv) For a vessel less than 300 GRT or a vessel 300 GRT or greater
without sufficient holding capacity to hold the graywater while within
the Sanctuary, clean graywater as defined by section 312 of the FWPCA;
or
(v) Vessel engine or generator exhaust.
(3) Discharging or depositing from within or into the Sanctuary any
material or other matter from a cruise ship except clean vessel engine
cooling water, clean vessel generator cooling water, vessel engine or
generator exhaust, clean bilge water, or anchor wash.
(4) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter that subsequently enters the
Sanctuary and injures a Sanctuary resource or quality, except for the
exclusions listed in paragraphs (a)(2)(i) through (v) and (a)(3) of
this section.
(5) Constructing any structure other than a navigation aid on or in
the submerged lands of the Sanctuary; placing or abandoning any
structure on or in the submerged lands of the Sanctuary; or drilling
into, dredging, or otherwise altering the submerged lands of the
Sanctuary in any way, except:
(i) By anchoring vessels (in a manner not otherwise prohibited by
this part (see Sec. 922.82(a)(16));
(ii) While conducting lawful fishing activities;
(iii) Routine maintenance and construction of docks and piers on
Tomales Bay; or
(iv) Mariculture activities conducted pursuant to a valid lease,
permit, license or other authorization issued by the State of
California.
(6) Operating motorized personal watercraft (MPWC), except for:
(i) Emergency search and rescue missions or law enforcement
operations (other than routine training activities) carried out by the
National Park Service, U.S. Coast Guard, Fire or Police Departments or
other Federal, State or local jurisdictions; or
(ii) An MPWC equipped with an operable Global Positional System
(GPS) unit in working condition within the four designated zones within
the Sanctuary described in Appendix C to this subpart.
(7) Taking any marine mammal, sea turtle, or bird within or above
the Sanctuary, except as authorized by the Marine Mammal Protection
Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species Act
(ESA), as amended, 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.
(8) Possessing within the Sanctuary (regardless of where taken,
moved or removed from), any marine mammal, sea turtle, or bird taken,
except as authorized by the MMPA, ESA, MBTA, by any regulation, as
amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for
valid law enforcement purposes.
(9) Possessing, moving, removing, or injuring, or attempting to
possess, move, remove or injure, a Sanctuary historical resource.
(10) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except:
(i) Striped bass (Morone saxatilis) released during catch and
release fishing activity; or
(ii) Species cultivated by mariculture activities in Tomales Bay
pursuant to a valid lease, permit, license or other authorization
issued by the State of California and in effect on the effective date
of the final regulation.
(11) Disturbing marine mammals or seabirds by flying motorized
aircraft at less than 1,000 feet over the waters within the seven
designated Special Wildlife Protection Zones described in Appendix D to
this subpart, except transiting Zone 6 to transport authorized persons
or supplies to or from Southeast Farallon Island or for enforcement
purposes. Failure to maintain a minimum altitude of 1,000 feet above
ground level over such waters is presumed to disturb marine mammals or
seabirds.
(12) Operating any vessel engaged in the trade of carrying cargo
within an area extending 1 nautical mile from a designated Special
Wildlife Protection Zone described in Appendix D to this subpart. This
includes but is not limited to tankers and other bulk carriers and
barges, or any vessel engaged in the trade of servicing offshore
installations, except to transport persons or supplies to or from the
Islands or mainland areas adjacent to Sanctuary waters. In no event
shall this section be construed to limit access for fishing,
recreational or research vessels.
(13) Attracting a white shark anywhere in the Sanctuary; or
approaching within 50 meters of any white shark within the line
approximating 1 nautical mile around Special Wildlife Protection Zone 6
and 7 described in Appendix D.
(14) Deserting a vessel aground, at anchor, or adrift in the
Sanctuary.
(15) Leaving harmful matter aboard a grounded or deserted vessel in
the Sanctuary.
(16) Anchoring a vessel in a designated seagrass protection zone in
Tomales Bay, except as necessary for mariculture operations conducted
pursuant to a valid lease, permit or license. The coordinates for the
no-anchoring seagrass protection zones are listed in Appendix B to this
subpart.
(17) Interfering with, obstructing, delaying, or preventing an
investigation, search, seizure, or disposition of seized property in
connection with
[[Page 20997]]
enforcement of the Act or any regulation or permit issued under the
Act.
(b) All activities currently carried out by the Department of
Defense within the Sanctuary are essential for the national defense
and, therefore, not subject to the prohibitions in this section. The
exemption of additional activities shall be determined in consultation
between the Director and the Department of Defense.
(c) The prohibitions in paragraph (a) of this section do not apply
to activities necessary to respond to an emergency threatening life,
property, or the environment.
(d) The prohibitions in paragraphs (a)(2) through (9) and (a)(11)
through (16) of this section do not apply to any activity executed in
accordance with the scope, purpose, terms, and conditions of a National
Marine Sanctuary permit issued pursuant to 15 CFR 922.48 and 922.83 or
a Special Use permit issued pursuant to section 310 of the Act.
(e) The prohibitions in paragraphs (a)(2) through (9) and (10), for
the introduction of a introduced species from shellfish mariculture in
state waters determined to be non-invasive, of this section do not
apply to any activity authorized by any lease, permit, license,
approval, or other authorization issued after the effective date of
Sanctuary designation or expansion and issued by any Federal, State, or
local authority of competent jurisdiction, provided that the applicant
complies with 15 CFR 922.49, the Director notifies the applicant and
authorizing agency that he or she does not object to issuance of the
authorization, and the applicant complies with any terms and conditions
the Director deems necessary to protect Sanctuary resources and
qualities. Amendments, renewals, and extensions of authorizations in
existence on the effective date of designation or expansion constitute
authorizations issued after the effective date of Sanctuary designation
or expansion.
Sec. 922.83 Permit procedures and issuance criteria.
(a) A person may conduct an activity prohibited by Sec.
922.82(a)(2) through (9) and (a)(11) through (16) if such activity is
specifically authorized by, and conducted in accordance with the scope,
purpose, terms and conditions of, a permit issued under Sec. 922.48
and this section.
(b) The Director, at his or her discretion, may issue a National
Marine Sanctuary permit under this section, subject to terms and
conditions as he or she deems appropriate, if the Director finds that
the activity will:
(1) Further research or monitoring related to Sanctuary resources
and qualities;
(2) Further the educational value of the Sanctuary;
(3) Further salvage or recovery operations; or
(4) Assist in managing the Sanctuary.
(c) In deciding whether to issue a permit, the Director shall
consider factors such as:
(1) The applicant is qualified to conduct and complete the proposed
activity;
(2) The applicant has adequate financial resources available to
conduct and complete the proposed activity;
(3) The methods and procedures proposed by the applicant are
appropriate to achieve the goals of the proposed activity, especially
in relation to the potential effects of the proposed activity on
Sanctuary resources and qualities;
(4) The proposed activity will be conducted in a manner compatible
with the primary objective of protection of Sanctuary resources and
qualities, considering the extent to which the conduct of the activity
may diminish or enhance Sanctuary resources and qualities, any
potential indirect, secondary or cumulative effects of the activity,
and the duration of such effects;
(5) The proposed activity will be conducted in a manner compatible
with the value of the Sanctuary, considering the extent to which the
conduct of the activity may result in conflicts between different users
of the Sanctuary, and the duration of such effects;
(6) It is necessary to conduct the proposed activity within the
Sanctuary;
(7) The reasonably expected end value of the proposed activity to
the furtherance of Sanctuary goals and purposes outweighs any potential
adverse effects on Sanctuary resources and qualities from the conduct
of the activity; and
(8) Any other factors as the Director deems appropriate.
(d) Applications. (1) Applications for permits should be addressed
to the Director, Office of National Marine Sanctuaries; ATTN:
Superintendent, Gulf of the Farallones National Marine Sanctuary, 991
Marine Dr., The Presidio, San Francisco, CA 94129.
(2) In addition to the information listed in Sec. 922.48(b), all
applications must include information to be considered by the Director
in paragraph (b) and (c) of this section.
(e) The permittee must agree to hold the United States harmless
against any claims arising out of the conduct of the permitted
activities.
Sec. 922.84 Certification of other permits.
A permit, license, or other authorization allowing activities
prohibited by sanctuary regulations, occurring prior to the effective
date of sanctuary expansion and within the sanctuary expansion area,
must be certified by the Director as consistent with the purpose of the
Sanctuary and having no significant effect on Sanctuary resources. Such
certification may impose terms and conditions as deemed appropriate to
ensure consistency. In considering whether to make the certifications
called for in this section, the Director may seek and consider the
views of any other person or entity, within or outside the Federal
government, and may hold a public hearing as deemed appropriate. Any
request for certification called for in this section must be received
by the Director within 60 days of the effective date of sanctuary
expansion. The Director may amend, suspend, or revoke any certification
made under this section whenever continued operation would violate any
terms or conditions of the certification. Any such action shall be
forwarded in writing to both the holder of the certified permit,
license, or other authorization and the issuing agency and shall set
forth reason(s) for the action taken.
Appendix A to Subpart H of Part 922--Gulf of the Farallones National
Marine Sanctuary Boundary Coordinates
Coordinates listed in this Appendix are unprojected (Geographic)
and based on the North American Datum of 1983.
------------------------------------------------------------------------
Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 39.00000 -124.33350
2....................................... 38.29989 -123.99988
3....................................... 38.29989 -123.20005
4....................................... 38.26390 -123.18138
5....................................... 38.21001 -123.11913
6....................................... 38.16576 -123.09207
7....................................... 38.14072 -123.08237
8....................................... 38.12829 -123.08742
9....................................... 38.10215 -123.09804
10...................................... 38.09069 -123.10387
11...................................... 38.07898 -123.10924
12...................................... 38.06505 -123.11711
13...................................... 38.05202 -123.12827
14...................................... 37.99227 -123.14137
15...................................... 37.98947 -123.23615
16...................................... 37.95880 -123.32312
17...................................... 37.90464 -123.38958
18...................................... 37.83480 -123.42579
19...................................... 37.76687 -123.42694
20...................................... 37.75932 -123.42686
21...................................... 37.68892 -123.39274
22...................................... 37.63356 -123.32819
23...................................... 37.60123 -123.24292
24...................................... 37.59165 -123.22641
25...................................... 37.56305 -123.19859
26...................................... 37.52001 -123.12879
27...................................... 37.50819 -123.09617
[[Page 20998]]
28...................................... 37.49418 -123.00770
29...................................... 37.50948 -122.90614
30...................................... 37.52988 -122.85988
31...................................... 37.57147 -122.80399
32...................................... 37.61622 -122.76937
33...................................... 37.66641 -122.75105
34...................................... 37.88225 -122.62753
35...................................... 38.35055 -123.06659
36...................................... 38.35559 -123.06663
37...................................... 38.44575 -123.12602
38...................................... 38.45531 -123.13469
39...................................... 38.76231 -123.52957
40...................................... 38.76899 -123.53398
41...................................... 38.91172 -123.71152
42...................................... 38.91632 -123.71152
43...................................... 38.95404 -123.73405
44...................................... 38.96149 -123.71914
45...................................... 39.00000 -123.69710
46...................................... 39.00000 -124.33350
------------------------------------------------------------------------
Appendix B to Subpart H of Part 922--No-Anchoring Seagrass Protection
Zones in Tomales Bay
Coordinates listed in this appendix are unprojected (Geographic)
and based on the North American Datum of 1983.
ZONE 1: Zone 1 is an area of approximately .11 square nautical
miles (.15 square miles) offshore south of Millerton Point. The
eastern boundary is a straight line arc that connects points 1 and 2
listed in the coordinate table below. The southern boundary is a
straight line arc that connects points 2 and 3, the western boundary
is a straight line arc that connects points 3 and 4 and the northern
boundary is a straight line arc that connects point 4 to point 5.
All coordinates are in the Geographic Coordinate System relative to
the North American Datum of 1983.
------------------------------------------------------------------------
Zone 1 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.10571 -122.84565
2....................................... 38.09888 -122.83603
3....................................... 38.09878 -122.84431
4....................................... 38.10514 -122.84904
5....................................... 38.10571 -122.84565
------------------------------------------------------------------------
ZONE 2: Zone 2 is an area of approximately .15 square nautical
miles (.19 square miles) that begins just south of Marconi and
extends approximately 1.6 nautical miles (1.9 miles) south along the
eastern shore of Tomales Bay. The western boundary is a series of
straight line arcs that connect point 1 to point 5 listed in the
coordinate table below. The southern boundary is a straight line arc
that extends from point 5 towards point 6 until it intersects the
Mean High Water Line. From this intersection the eastern boundary
follows the Mean High Water Line north until it intersects the
straight line arc that connects point 7 to point 8. From this
intersection the northern boundary extends to point 8. All
coordinates are in the Geographic Coordinate System relative to the
North American Datum of 1983.
------------------------------------------------------------------------
Zone 2 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.13326 -122.87178
2....................................... 38.12724 -122.86488
3....................................... 38.12563 -122.86480
4....................................... 38.11899 -122.86731
5....................................... 38.11386 -122.85851
6....................................... 38.11608 -122.85813
7....................................... 38.14078 -122.87433
8....................................... 38.13326 122.87178
------------------------------------------------------------------------
ZONE 3: Zone 3 is an area of approximately .01 square nautical
miles (.02 square miles) that begins just south of Marshall and
extends approximately .5 nautical miles (.6 miles) south along the
eastern shore of Tomales Bay. The western boundary is a straight
line arc that connects point 1 to point 2 listed in the coordinate
table below. The southern boundary is a straight line arc that
extends from point 2 towards point 3 until it intersects the Mean
High Water Line. From this intersection the eastern boundary follows
the Mean High Water Line northward until it intersects the straight
line arc that connects point 4 to point 5. From this intersection
the northern boundary extends westward along the straight line arc
that connects point 4 to point 5. All coordinates are in the
Geographic Coordinate System relative to the North American Datum of
1983.
------------------------------------------------------------------------
Zone 3 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.15956 -122.89573
2....................................... 38.15250 -122.89042
3....................................... 38.15292 -122.88984
4....................................... 38.16038 -122.89566
5....................................... 38.15956 -122.89573
------------------------------------------------------------------------
ZONE 4: Zone 4 is an area of approximately .18 square nautical
miles (.21 square miles) that begins just north of Nicks Cove and
extends approximately 2.7 nautical miles (3.1 miles) south along the
eastern shore of Tomales Bay to just south of Cypress Grove. The
western boundary is a series of straight line arcs that connect
point 1 to point 8 listed in the coordinate table below. The
southern boundary is a straight line arc that extends from point 8
towards point 9 until it intersects the Mean High Water Line. From
this intersection the eastern boundary follows the Mean High Water
Line north until it intersects the straight line arc that connects
point-10 to point 11. From this intersection the northern boundary
extends westward along the straight line arc that connects point 10
to point 11. All coordinates are in the Geographic Coordinate System
relative to the North American Datum of 1983.
------------------------------------------------------------------------
Zone 4 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.20004 -122.92315
2....................................... 38.18881 -122.91740
3....................................... 38.18651 -122.91404
4....................................... 38.17919 -122.91021
5....................................... 38.17450 -122.90545
6....................................... 38.16869 -122.90475
7....................................... 38.16535 -122.90308
8....................................... 38.16227 -122.89650
9....................................... 38.16266 -122.89620
10...................................... 38.20080 -122.92174
11...................................... 38.20004 -122.92315
------------------------------------------------------------------------
ZONE 5: Zone 5 is an area of approximately 1.3 square nautical
miles (1.6 square miles) that begins east of Lawsons Landing and
extends approximately 2.7 nautical miles (3.1 miles) east and south
along the eastern shore of Tomales Bay but excludes areas adjacent
(approximately .32 nautical miles or .37 miles) to the mouth of
Walker Creek. The eastern boundary is a series of straight line arcs
that connect point 1 to point 3 listed in the coordinate table
below. From point 3 the southern boundary trends eastward along the
straight line arc that connects point 3 to point 4 until it
intersects the Mean High Water Line. From this intersection the
boundary follows the Mean High Water Line northward until it
intersects the straight line arc that connects point 5 to point 6.
From this intersection the boundary extends westward along the
straight line arc that connects point 5 to point 6. From point 6 the
boundary follows the straight lines arc that connects point 6 to
point 7, and then extends along the straight line arc that connects
point 7 to point 8 until it again intersects the Mean High Water
Line. From this intersection the boundary follows the Mean High
Water Line until it intersects the straight line arc that connects
point 9 to point 10. From this intersection the boundary extends to
point 10 along the straight line arc that connects point 9 to point
10. All coordinates are in the Geographic Coordinate System relative
to the North American Datum of 1983.
------------------------------------------------------------------------
Zone 5 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.21825 -122.96041
2....................................... 38.20666 -122.94397
3....................................... 38.19431 -122.93431
4....................................... 38.20080 -122.92174
5....................................... 38.20522 -122.92446
6....................................... 38.20366 -122.93246
7....................................... 38.20938 -122.94153
8....................................... 38.21106 -122.93742
9....................................... 38.23129 -122.96293
10...................................... 38.21825 -122.96041
------------------------------------------------------------------------
ZONE 6: Zone 6 is an area of approximately .01 square nautical
miles (.02 square miles) in the vicinity of Indian Beach along the
western shore of Tomales Bay. The eastern boundary is a straight
line arc that connects point 1 to point 2 listed in the coordinate
table below. The southern boundary extends westward along the
straight line arc that connects point 2 to point 3 until it
intersects the Mean High Water Line. From this intersection the
eastern boundary follows the Mean High Water Line northward until it
intersects the straight line arc that connects point 3 to point 4.
From this intersection the northern boundary extends eastward along
the straight line arc that connects point 4 to point 5. All
coordinates are in the Geographic Coordinate
[[Page 20999]]
System relative to the North American Datum of 1983.
------------------------------------------------------------------------
Zone 6 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.14103 -122.89537
2....................................... 38.13919 -122.89391
3....................................... 38.13804 -122.89610
4....................................... 38.14033 -122.89683
5....................................... 38.14103 -122.89537
------------------------------------------------------------------------
Zone 7: Zone 7 is an area of approximately .09 square nautical
miles (.12 square miles) that begins just south of Pebble Beach and
extends approximately 1.6 nautical miles (1.9 miles) south along the
western shore of Tomales Bay. The eastern boundary is a series of
straight line arcs that connect point 1 to point 5 listed in the
coordinate table below. The southern boundary extends along the
straight line arc that connects point 5 to point 6 until it
intersect the Mean High Water Line. From this intersection the
western boundary extends north along the Mean High Water Line until
it intersects the straight line arc that connects point 7 to point
8. From this intersection the northern boundary extends eastward
along the straight line arc that connects point 7 to point 8. All
coordinates are in the Geographic Coordinate System relative to the
North American Datum of 1983.
------------------------------------------------------------------------
Zone 7 Point ID Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.13067 -122.88620
2....................................... 38.12362 -122.87984
3....................................... 38.11916 -122.87491
4....................................... 38.11486 -122.86896
5....................................... 38.11096 -122.86468
6....................................... 38.11027 -122.86551
7....................................... 38.13001 -122.88749
8....................................... 38.13067 -122.88620
------------------------------------------------------------------------
Appendix C to Subpart H of Part 922--Motorized Personal Watercraft
Zones and Access Routes Within the Sanctuary
Coordinates listed in this appendix are unprojected (Geographic)
and based on the North American Datum of 1983.
The four zones and access routes are:
(1) Motorized Personal Watercraft Zone 1 (MPWCZ 1) encompasses
an area of approximately 6.4 square nautical miles (8.5 square
miles). The precise boundary coordinates are listed in the table
following this description. The western boundary of MPWCZ 1 extends
due south along a meridian from Point 1, west of Manchester Beach in
Mendocino County, to Point 2, which is west of Arena Cove. The
boundary then follows a rhumb line east from Point 2 towards Point 3
until it intersects the Mean High Water Line at the south end of
Arena Cove. From this intersection, the boundary follows the Mean
High Water Line until it intersects the straight line arc that
connects Point 4 and Point 5. The boundary extends across Arena Cove
along this arc until it intersects the Mean High Water Line on the
north side of Arena Cove. The boundary then follows the Mean High
Water Line until it intersects the rhumb line that connects Point 6
and Point 7. From this intersection, the boundary extends due west
to Point 7. From Point 7 the boundary extends due north along the
meridian that connects Point 7 and Point 8 until it intersects the
Mean High Water Line on the north side of Point Arena. From this
intersection the boundary again follows the Mean High Water Line
until it intersects the rhumb line connecting Point 9 and Point 10.
The boundary then turns seaward and extends due west to Point 10.
Zone 1 is bounded by:
------------------------------------------------------------------------
Zone 1 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 39.00000 -123.75000
2....................................... 38.91024 -123.75000
3....................................... 38.91024 -123.71146
4....................................... 38.91172 -123.71152
5....................................... 38.91632 -123.71152
6....................................... 38.91790 -123.72626
7....................................... 38.91790 -123.74166
8....................................... 38.95554 -123.74166
9....................................... 39.00000 -123.69450
10...................................... 39.00000 -123.75000
------------------------------------------------------------------------
(2) Motorized Personal Watercraft Zone 2 (MPWCZ 2) encompasses
an area of approximately 19.8 square nautical miles (26.2 square
miles). The precise boundary coordinates are listed in the table
following this description. The southern boundary of MPWCZ 2 extends
due east along a rhumb line that connects Point 1, south of Arena
Cove, to Point 2, just offshore of Haven's Neck in Mendocino County.
From Point 2 the boundary trends north and west, generally parallel
to the shoreline, and extends, in sequence, to Point 3 off Iversen
Point, then to Point 4 off Saunders Landing, and then to Point 5 off
Moat. From Point 5 the boundary follows the straight line arc that
connects Point 5 and Point 6 until it intersects the Mean High Water
Line at the south end of Arena Cove. From this intersection, the
boundary follows the Mean High Water Line until it intersects the
straight line arc that connects Point 7 and Point 8. The boundary
extends across Arena Cove towards Point 8 until it intersects the
Mean High Water Line on the north side of Arena Cove. The boundary
then follows the Mean High Water Line until it intersects the
meridian that connects Point 9 and Point 10. The boundary then
extends due south to Point 10.
Zone 2 is bounded by:
------------------------------------------------------------------------
Zone 2 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.80856 -123.72378
2....................................... 38.80856 -123.60351
3....................................... 38.84514 -123.64738
4....................................... 38.85202 -123.65113
5....................................... 38.88255 -123.68162
6....................................... 38.91033 -123.71114
7....................................... 38.91172 -123.71152
8....................................... 38.91632 -123.71152
9....................................... 38.91790 -123.72626
------------------------------------------------------------------------
(3) Motorized Personal Watercraft Zone 3 (MPWCZ 3) encompasses
an area of approximately 2.9 square nautical miles (3.8 square
miles). The precise boundary coordinates are listed in the table
following this description. The western boundary of MPWCZ 3 extends
due south along a meridian from Point 1, west of Timber Cove in
Sonoma County, to Point 2, which is west of Fort Ross Reef. The
boundary then turns east and follows a rhumb line from Point 2 to
Point 3. From Point 3 the boundary turns due north and follows the
meridian from Point 3 towards Point 4 until it intersects the Mean
High Water Line at the south end of Timber Cove. From the south end
of Timber Cove the boundary follows the Mean High Water Line until
it intersects the rhumb line that connects Point 5 and Point 6. From
this intersection the boundary extends due west to Point 6.
Zone 3 is bounded by:
------------------------------------------------------------------------
Zone 3 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.53150 -123.30000
2....................................... 38.50000 -123.30000
3....................................... 38.50000 -123.26896
4....................................... 38.52519 -123.26896
5....................................... 38.53150 -123.27853
6....................................... 38.53150 -123.30000
------------------------------------------------------------------------
(4) Motorized Personal Watercraft Zone 4 (MPWCZ 4) encompasses
an area of approximately 4.6 square nautical miles (6.1 square
miles). The precise boundary coordinates are listed in the table
following this description. The western boundary of MPWCZ 4 extends
due south from Point 1, off Coleman Beach in Sonoma County, to Point
2, which is east of Bodega Head. From Point 2 the boundary extends
due east along a rhumb line to Point 3. The boundary continues from
Point 3 though Point 10 inclusive, in numerical sequence, to form an
access route that connects to the entrance to Bodega Harbor. From
Point 10 the boundary extends due north along the meridian that
connects Point 10 and Point 11. At Point 11 the boundary turns west
and follows a rhumb line to Point 12. At Point 12 the boundary turns
due north and follows the meridian from Point 12 to Point 13. From
Point 13 the boundary extends due east along a rhumb line that
connects Point 13 and Point 14, until it intersects the Mean High
Water Line at South Salmon Creek Beach. At this intersection the
boundary turns northward and follows the Mean High Water Line until
it intersects the rhumb line that connects Point 15 and Point 16.
From this intersection the boundary extends due west to Point 16.
Zone 4 is bounded by:
------------------------------------------------------------------------
Zone 4 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.36615 -123.10000
2....................................... 38.29800 -123.10000
3....................................... 38.29800 -123.07374
4....................................... 38.27972 -123.07374
5....................................... 38.28542 -123.03204
6....................................... 38.30574 -123.04784
7....................................... 38.30574 -123.04987
8....................................... 38.28619 -123.03437
9....................................... 38.28142 -123.07182
[[Page 21000]]
10...................................... 38.29800 -123.07182
11...................................... 38.31278 -123.07182
12...................................... 38.31278 -123.07824
13...................................... 38.33200 -123.07824
14...................................... 38.33200 -123.06928
15...................................... 38.36615 -123.07186
16...................................... 38.36615 -123.10000
------------------------------------------------------------------------
Appendix D to Subpart H of Part 922--Special Wildlife Protection Zones
Within the Sanctuary
Coordinates listed in this appendix are unprojected (Geographic)
and based on the North American Datum of 1983.
(1) Special Wildlife Protection Zone 1 (SWPZ 1) encompasses an
area of approximately 7.9 square nautical miles (10.5 square miles).
The precise boundary coordinates are listed in the table following
this description. The western boundary of SWPZ 1 extends south from
Point 1, west of Haven's Neck in Mendocino County, to Point 2, west
of Del Mar Point. The boundary then extends east from Point 2 along
a rhumb line connecting Point 2 and Point 3 until it intersects the
Mean High Water Line at Del Mar Point. The SWPZ 1 boundary then
turns north to follow the Mean High Water Line towards Haven's Neck
and continues until it intersects a rhumb line connecting Point 4
and Point 5. From this intersection the Sanctuary boundary continues
west along its northernmost extent to Point 5.
------------------------------------------------------------------------
Zone 1 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.80865 -123.63227
2....................................... 38.74096 -123.54306
3....................................... 38.74096 -123.51051
4....................................... 38.80865 -123.60195
5....................................... 38.80865 -123.63227
------------------------------------------------------------------------
(2) Special Wildlife Protection Zone 2 (SWPZ 2) encompasses an
area of approximately 16.2 square nautical miles (21.4 square
miles). The precise boundary coordinates are listed in the table
following this description. The western boundary of SWPZ 2 extends
south and east from Point 1, south of Windermere Point in Sonoma
County, to Point 2 and then to Point 3 in sequence. Point 3 is west
of Duncans Point in Sonoma County. The boundary then extends east
from Point 3 along a rhumb line connecting Point 3 and Point 4 until
it intersects the Mean High Water Line at Duncans Point. The
boundary then turns north to follow the Mean High Water Line towards
Windermere Point until it intersects a meridian connecting Point 5
and Point 6. From this intersection the boundary continues due south
along a meridian to Point 6.
------------------------------------------------------------------------
Zone 2 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.49854 -123.26804
2....................................... 38.45095 -123.18564
3....................................... 38.39311 -123.12068
4....................................... 38.39311 -123.09527
5....................................... 38.52487 -123.26804
6....................................... 38.49854 -123.26804
------------------------------------------------------------------------
(3) Special Wildlife Protection Zone 3 (SWPZ 3) encompasses an
area of approximately 7 square nautical miles (9.3 square miles).
The precise boundary coordinates are listed in the table following
this description. The western boundary of SWPZ 3 extends south and
east from Point 1, southwest of the Estero de San Antonio in Sonoma
County, to Point 2, south of Tomales Point in Marin County. The
boundary then extends north and east from Point 2 along a straight
line arc connecting Point 2 and Point 3 until it intersects the
boundary of the Point Reyes National Seashore. From this
intersection the boundary follows the Point Reyes National Seashore
boundary around Tomales Point into Tomales Bay and continues until
it again intersects the straight line arc that connects Point 2 and
Point 3. From this intersection the boundary follows the straight
line arc north and east until it intersects the Mean High Water Line
at Toms Point in Tomales Bay. The SWPZ 3 boundary then follows the
Mean High Water Line northward towards the Estero de San Antonio
until it intersects the straight line arc that connects Point 4 and
Point 5. From this intersection the Sanctuary boundary continues
south and west to Point 5.
------------------------------------------------------------------------
Zone 3 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.24001 -123.02963
2....................................... 38.19249 -122.99523
3....................................... 38.21544 -122.95286
4....................................... 38.27011 -122.97840
5....................................... 38.24001 -123.02963
------------------------------------------------------------------------
(4) Special Wildlife Protection Zone 4 (SWPZ 4) encompasses an
area of approximately 10.2 square nautical miles (13.5 square
miles). The precise boundary coordinates are list in the table
following this description. The western boundary of SWPZ 4 extends
south and west from Point 1, west of Point Reyes in Marin County, to
Point 2, south and west of Point Reyes Lighthouse. The boundary then
follows a straight line arc east and south from Point 2 to Point 3.
From Point 3 the boundary follows a straight line arc north to Point
4. From Point 4 the SWPZ 4 boundary proceeds west along the straight
line arc that connects Point 4 and Point 5 until it intersects the
Point Reyes National Seashore boundary north of Chimney Rock. The
boundary then follows the Point Reyes National Seashore boundary
around Point Reyes until it intersects the straight line arc that
connects Point 4 and Point 5 north of the Point Reyes Lighthouse.
From this intersection the boundary turns seaward and continues west
to Point 5.
------------------------------------------------------------------------
Zone 4 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.01475 -123.05013
2....................................... 37.97536 -123.05482
3....................................... 37.96521 -122.93771
4....................................... 38.00555 -122.93504
5....................................... 38.01475 -123.05013
------------------------------------------------------------------------
(5) Special Wildlife Protection Zone 5 (SWPZ 5) encompasses an
area of approximately 14.8 square nautical miles (19.6 square
miles). The precise boundary coordinates are listed in the table
following this description. The western boundary of SWPZ 5 extends
south and east from Point 1, near Millers Point in Marin County, to
Point 2, which is south and west of Bolinas Point. The boundary then
follows a rhumb line east from Point 2 towards Point 3 until it
intersects the Mean High Water Line at Rocky Point. From this
intersection, the boundary follows the Mean High Water Line north to
Bolinas Point and Millers Point, respectively, including Bolinas
Lagoon but not including Seadrift Lagoon, until it intersects the
straight line arc that connects Point 4 and Point 5. From this
intersection the boundary turns seaward and continues to west and
south along the straight line arc to Point 5.
------------------------------------------------------------------------
Zone 5 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 37.96579 -122.83284
2....................................... 37.88195 -122.73989
3....................................... 37.88195 -122.62873
4....................................... 37.98554 -122.81172
5....................................... 37.96579 -122.83284
------------------------------------------------------------------------
(6) Special Wildlife Protection Zone 6 (SWPZ 6) encompasses an
area of approximately 6.8 square nautical miles (9 square miles).
The precise boundary coordinates are listed in the table following
this description. The boundary of SWPZ 6 extends south and west from
Point 1, north of Southeast Farallon Island, along a straight line
arc to Point 2, then south and east along a straight line arc to
Point 3, then north and east along a straight line arc to Point 4,
then north and west along a straight line arc to Point 5.
------------------------------------------------------------------------
Zone 6 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 37.72976 -123.00961
2....................................... 37.69697 -123.04374
3....................................... 37.66944 -123.00176
4....................................... 37.70246 -122.96608
5....................................... 37.72976 -123.00961
------------------------------------------------------------------------
(7) Special Wildlife Protection Zone 7 (SWPZ 7) encompasses an
area of approximately 6 square nautical miles (7.9 square miles).
The precise boundary coordinates are listed in the table following
this description. The boundary of SWPZ 7 extends south and west from
Point 1, north of North Farallon Island, along a straight line arc
to Point 2, then south and east along a
[[Page 21001]]
straight line arc to Point 3, then north and east along a straight
line arc to Point 4, then north and west along a straight line arc
to Point 5.
------------------------------------------------------------------------
Zone 7 Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 37.79568 -123.10845
2....................................... 37.76746 -123.13285
3....................................... 37.73947 -123.09341
4....................................... 37.76687 -123.06330
5....................................... 37.79568 -123.10845
------------------------------------------------------------------------
0
4. Revise part 922 Subpart K to read as follows:
Subpart K--Cordell Bank National Marine Sanctuary
Sec. 922.110 Boundary.
The Cordell Bank National Marine Sanctuary (Sanctuary) boundary
encompasses a total area of approximately 971 square nautical miles
(1,286 square miles) of offshore ocean waters, and submerged lands
thereunder, surrounding the submarine plateau known as Cordell Bank
along--the northern coast of California, approximately 45 nautical
miles west-northwest of San Francisco, California. The precise boundary
coordinates are listed in Appendix A to this subpart. The northern
boundary of the Sanctuary is a rhumb line that begins approximately 6
nautical miles (8 miles) west of Bodega Head in Sonoma County,
California at Point 1 and extends west approximately 38 nautical miles
(44 miles) to Point 2. This line is part of a shared boundary between
the Sanctuary and Gulf of the Farallones National Marine Sanctuary
(GFNMS). The western boundary of the Sanctuary extends south from Point
2 approximately 34 nautical miles (39 miles) to Point 3. From Point 3
the Sanctuary boundary continues east 15 nautical miles (17 miles) to
Point 4 where it intersects the GFNMS boundary again. The line from
Point 3 to Point 4 forms the southernmost boundary of the Sanctuary.
The eastern boundary of the Sanctuary is a series of straight lines
connecting Points 4 through 20 in numerical sequence. The Sanctuary is
coterminous with GFNMS along both its (the Sanctuary's) eastern and
northern boundaries.
Sec. 922.111 Definitions.
In addition to the definitions found in Sec. 922.3, the following
definitions apply to this subpart:
Clean means not containing detectable levels of harmful matter.
Cruise ship means a vessel with 250 or more passenger berths for
hire.
Harmful matter means any substance, or combination of substances,
that because of its quantity, concentration, or physical, chemical, or
infectious characteristics may pose a present or potential threat to
Sanctuary resources or qualities, including but not limited to: fishing
nets, fishing line, hooks, fuel, oil, and those contaminants
(regardless of quantity) listed pursuant to 42 U.S.C.
Introduced species means any species (including, but not limited
to, any of its biological matter capable of propagation) that is non-
native to the ecosystems of the Sanctuary; or any organism into which
altered genetic matter, or genetic matter from another species, has
been transferred in order that the host organism acquires the genetic
traits of the transferred genes.
Sec. 922.112 Prohibited or otherwise regulated activities.
(a) The following activities are prohibited and thus are unlawful
for any person to conduct or to cause to be conducted within the
Sanctuary:
(1) Exploring for, developing, or producing oil, gas, or minerals.
(2)(i) Discharging or depositing from within or into the Sanctuary,
other than from a cruise ship, any material or other matter except:
(A) Fish, fish parts, chumming materials, or bait used in or
resulting from lawful fishing activities within the Sanctuary, provided
that such discharge or deposit is during the conduct of lawful fishing
activity within the Sanctuary;
(B) For a vessel less than 300 gross registered tons (GRT), or a
vessel 300 GRT or greater without sufficient holding tank capacity to
hold sewage while within the Sanctuary, clean effluent generated
incidental to vessel use and generated by an operable Type I or II
marine sanitation device (U.S. Coast Guard classification) approved in
accordance with section 312 of the Federal Water Pollution Control Act,
as amended, (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all
marine sanitation devices in a manner that prevents discharge or
deposit of untreated sewage;
(C) Clean vessel deck wash down, clean vessel engine cooling water,
clean vessel generator cooling water, clean bilge water, or anchor
wash;
(D) For a vessel less than 300 GRT or a vessel 300 GRT or greater
without sufficient holding capacity to hold graywater while within the
Sanctuary, clean graywater as defined by section 312 of the FWPCA; or
(E) Vessel engine or generator exhaust.
(ii) Discharging or depositing from within or into the Sanctuary
any material or other matter from a cruise ship except clean vessel
engine cooling water, clean vessel generator cooling water, vessel
engine or generator exhaust, clean bilge water, or anchor wash.
(iii) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter that subsequently enters the
Sanctuary and injures a Sanctuary resource or quality, except as listed
in paragraphs (a)(2)(i) and (a)(2)(ii) of this section.
(3) On or within the line representing the 50-fathom isobath
surrounding Cordell Bank, removing, taking, or injuring or attempting
to remove, take, or injure benthic invertebrates or algae located on
Cordell Bank. This prohibition does not apply to use of bottom contact
gear used during fishing activities, which is prohibited pursuant to 50
CFR part 660 (Fisheries off West Coast States). The coordinates for the
line representing the 50-fathom isobath are listed in appendix B to
this subpart. There is a rebuttable presumption that any such resource
found in the possession of a person within the Sanctuary was taken or
removed by that person.
(4)(i) On or within the line representing the 50-fathom isobath
surrounding Cordell Bank, 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.
This prohibition does not apply to use of bottom contact gear used
during fishing activities, which is prohibited pursuant to 50 CFR part
660 (Fisheries off West Coast States). The coordinates for the line
representing the 50-fathom isobath are listed in appendix B to this
subpart.
(ii) In the Sanctuary beyond the line representing the 50-fathom
isobath surrounding Cordell Bank, drilling into, dredging, or otherwise
altering the submerged lands; or constructing, placing, or abandoning
any structure, material or matter on the submerged lands except as
incidental and necessary for anchoring any vessel or lawful use of any
fishing gear during normal fishing activities. The coordinates for the
line representing the 50-fathom isobath are listed in appendix B to
this subpart.
(5) Taking any marine mammal, sea turtle, or bird within or above
the Sanctuary, except as authorized by the Marine Mammal Protection
Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species
Act, as amended, (ESA), 16 U.S.C. 1531 et seq.,
[[Page 21002]]
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.
(6) Possessing within the Sanctuary (regardless of where taken,
moved or removed from), any marine mammal, sea turtle or bird taken,
except as authorized by the MMPA, ESA, MBTA, by any regulation, as
amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for
valid law enforcement purposes.
(7) Possessing, moving, removing, or injuring, or attempting to
possess, move, remove or injure, a Sanctuary historical resource.
(8) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except striped bass (Morone saxatilis)
released during catch and release fishing activity.
(9) Interfering with, obstructing, delaying, or preventing an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Act or any regulation or permit
issued under the Act.
(b) The prohibitions in paragraph (a) of this section do not apply
to activities necessary to respond to an emergency threatening life,
property or the environment.
(c) All activities being carried out by the Department of Defense
(DOD) within the Sanctuary on the effective date of designation or
expansion of the Sanctuary that are necessary for national defense are
exempt from the prohibitions contained in the regulations in this
subpart. Additional DOD activities initiated after the effective date
of designation or expansion that are necessary for national defense
will be exempted by the Director after consultation between the
Department of Commerce and DOD. DOD activities not necessary for
national defense, such as routine exercises and vessel operations, are
subject to all prohibitions contained in the regulations in this
subpart.
(d) The prohibitions in paragraphs (a)(2), (a)(3), and (a)(4)(ii)
through (a)(7)of this section do not apply to any activity authorized
by any lease, permit, license, approval, or other authorization issued
after the effective date of Sanctuary designation or expansion and
issued by any Federal, State, or local authority of competent
jurisdiction, provided that the applicant complies with 15 CFR 922.49,
the Director notifies the applicant and authorizing agency that he or
she does not object to issuance of the authorization, and the applicant
complies with any terms and conditions the Director deems necessary to
protect Sanctuary resources and qualities. Amendments, renewals, and
extensions of authorizations in existence on the effective date of
designation or expansion constitute authorizations issued after the
effective date of Sanctuary designation or expansion.
(e) The prohibitions in paragraphs (a)(2) through (7) of this
section do not apply to any activity executed in accordance with the
scope, purpose, terms, and conditions of a National Marine Sanctuary
permit issued pursuant to 15 CFR 922.48 and 922.113 or a Special Use
permit issued pursuant to section 310 of the Act.
(f) Where necessary to prevent immediate, serious, and irreversible
damage to a Sanctuary resource, any activity may be regulated within
the limits of the Act on an emergency basis for no more than 120 days.
Sec. 922.113 Permit procedures and issuance criteria.
(a) A person may conduct an activity prohibited by Sec. 922.112,
(a)(2), through (a)(7), if such activity is specifically authorized by,
and conducted in accordance with the scope, purpose, terms and
conditions of, a permit issued under Sec. 922.48 and this section.
(b) The Director, at his or her discretion, may issue a national
marine sanctuary permit under this section, subject to terms and
conditions, as he or she deems appropriate, if the Director finds that
the activity will:
(1) Further research or monitoring related to Sanctuary resources
and qualities;
(2) Further the educational value of the Sanctuary;
(3) Further salvage or recovery operations in or near the Sanctuary
in connection with a recent air or marine casualty; or
(4) Assist in managing the Sanctuary.
(c) In deciding whether to issue a permit, the Director shall
consider such factors as:
(1) The applicant is qualified to conduct and complete the proposed
activity;
(2) The applicant has adequate financial resources available to
conduct and complete the proposed activity;
(3) The methods and procedures proposed by the applicant are
appropriate to achieve the goals of the proposed activity, especially
in relation to the potential effects of the proposed activity on
Sanctuary resources and qualities;
(4) The proposed activity will be conducted in a manner compatible
with the primary objective of protection of Sanctuary resources and
qualities, considering the extent to which the conduct of the activity
may diminish or enhance Sanctuary resources and qualities, any
potential indirect, secondary or cumulative effects of the activity,
and the duration of such effects;
(5) The proposed activity will be conducted in a manner compatible
with the value of the Sanctuary, considering the extent to which the
conduct of the activity may result in conflicts between different users
of the Sanctuary, and the duration of such effects;
(6) It is necessary to conduct the proposed activity within the
Sanctuary;
(7) The reasonably expected end value of the proposed activity to
the furtherance of Sanctuary goals and purposes outweighs any potential
adverse effects on Sanctuary resources and qualities from the conduct
of the activity; and
(8) The Director may consider additional factors as he or she deems
appropriate.
(d) Applications. (1) Applications for permits should be addressed
to the Director, Office of National Marine Sanctuaries; ATTN:
Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159,
Olema, CA 94950.
(2) In addition to the information listed in Sec. 922.48(b), all
applications must include information to be considered by the Director
in paragraph (b) and (c) of this section.
(e) The permittee must agree to hold the United States harmless
against any claims arising out of the conduct of the permitted
activities.
Appendix A to Subpart K of Part 922--Cordell Bank National Marine
Sanctuary Boundary Coordinates
Coordinates listed in this appendix are unprojected (Geographic
Coordinate System) and based on the North American Datum of 1983
(NAD83).
Sanctuary Boundary Coordinates
------------------------------------------------------------------------
Point ID No. sanctuary boundary Latitude Longitude
------------------------------------------------------------------------
1....................................... 38.29989 -123.20005
2....................................... 38.29989 -123.99988
3....................................... 37.76687 -123.75143
4....................................... 37.76687 -123.42694
5....................................... 37.83480 -123.42579
6....................................... 37.90464 -123.38958
7....................................... 37.95880 -123.32312
8....................................... 37.98947 -123.23615
9....................................... 37.99227 -123.14137
10...................................... 38.05202 -123.12827
11...................................... 38.06505 -123.11711
12...................................... 38.07898 -123.10924
13...................................... 38.09069 -123.10387
14...................................... 38.10215 -123.09804
[[Page 21003]]
15...................................... 38.12829 -123.08742
16...................................... 38.14072 -123.08237
17...................................... 38.16576 -123.09207
18...................................... 38.21001 -123.11913
19...................................... 38.26390 -123.18138
20...................................... 38.29989 -123.20005
------------------------------------------------------------------------
Appendix B to Subpart K of Part 922--Line Representing the 50-Fathom
Isobath Surrounding Cordell Bank
Coordinates listed in this appendix are unprojected (Geographic
Coordinate System) and based on the North American Datum of 1983
(NAD83).
Cordell Bank Fifty Fathom Line
------------------------------------------------------------------------
Point ID No. Latitude Longitude
------------------------------------------------------------------------
1....................................... 37.96034 -123.40371
2....................................... 37.96172 -123.42081
3....................................... 37.9911 -123.44379
4....................................... 38.00406 -123.46443
5....................................... 38.01637 -123.46076
6....................................... 38.04684 -123.47920
7....................................... 38.07106 -123.48754
8....................................... 38.07588 -123.47195
9....................................... 38.06451 -123.46146
10...................................... 38.07123 -123.44467
11...................................... 38.04446 -123.40286
12...................................... 38.01442 -123.38588
13...................................... 37.98859 -123.37533
14...................................... 37.97071 -123.38605
------------------------------------------------------------------------
[FR Doc. 2014-08061 Filed 4-11-14; 8:45 am]
BILLING CODE 3510-NK-P