Proposed Chumash Heritage National Marine Sanctuary, 58123-58145 [2023-18271]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58123-58145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18271]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 230807-0185]
RIN 0648-BL31


Proposed Chumash Heritage National Marine Sanctuary

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service, National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

ACTION: Proposed rule; notification of availability of draft 
environmental impact statement and draft management plan; request for 
public comment.

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SUMMARY: NOAA proposes to designate Chumash Heritage National Marine 
Sanctuary (CHNMS) in the waters along and offshore of the coast of 
central California to recognize the national significance of the area's 
ecological, historical, archaeological, and cultural resources and to 
manage this special place as part of the National Marine Sanctuary 
System. The sanctuary boundary would encompass 5,617 square miles 
(mi\2\) (4,242 nmi\2\) of submerged lands and marine waters from 
Monta[ntilde]a de Oro State Park in San Luis Obispo County to Naples 
along the Gaviota Coast in Santa Barbara County. NOAA proposes to 
establish the terms of designation for CHNMS and proposes regulations 
to implement the national marine sanctuary designation. NOAA is also 
publishing a draft environmental impact statement (draft EIS) and draft 
management plan, and soliciting public comment on the proposed rule, 
draft EIS, and draft management plan.

DATES: 
    Comments due: NOAA will consider all comments received by October 
25, 2023.
    Public comment meetings: NOAA will host two in-person public 
comment meetings and one virtual public comment meeting on the 
following dates and times:
     Meeting #1: Monday, September 25, 2023; Time: 5 p.m.; 
Location: San Luis Obispo, CA.
     Meeting #2: Wednesday, September 27, 2023; Time: 5 p.m.; 
Location: Lompoc, CA.
     Meeting # 3: Thursday, October 12, 2023; Time: 1 p.m. 
Pacific Time; Location: Virtual.

ADDRESSES: 
    Comments: You may submit comments on this document, identified by 
NOAA-NOS-2021-0080, by any of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov 
and search for docket NOAA-NOS-2021-0080. Follow the instructions for 
sending comments.
     Mail: Send any hard copy public comments by mail to Paul 
Michel, Regional Policy Coordinator, 99 Pacific Street, Suite 100F, 
Monterey, CA 93940.
     Public Meetings: Provide oral comments during a public 
meeting, as described under DATES. Webinar registration details and 
additional information about how to participate in these public scoping 
meetings is available at: https://sanctuaries.noaa.gov/chumash-heritage/.
    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), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NOAA will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). Copies 
of the proposed rule, draft EIS, and draft management plan can be 
downloaded or viewed on the internet at www.regulations.gov (search for 
docket # NOAA-NOS-2021-0080). Copies can also be obtained by contacting 
the person identified under FOR FURTHER INFORMATION CONTACT.
     Meetings: The meetings will be held in the following 
locations:
     Meeting #1: County of San Luis Obispo Board of Supervisors 
Hearing Room, 1055 Monterey Street, San Luis Obispo, CA 93408.
     Meeting #2: Dick DeWees Community Center, 1120 West Ocean 
Avenue, Lompoc, CA 93436.
     Meeting #3: Virtual, please see https://sanctuaries.noaa.gov/chumash-heritage/ for details.
    NOAA may substitute a virtual meeting platform rather than a public 
meeting if public safety concerns remain to prevent the spread of 
COVID-19. NOAA may take audio recordings of the public meetings, 
including the public comment portion of the meetings. Please check 
https://sanctuaries.noaa.gov/chumash-heritage/ for updated information 
on public meetings.

FOR FURTHER INFORMATION CONTACT: Paul Michel, Regional Policy 
Coordinator, 99 Pacific Street, Suite 100F, Monterey, CA 93940, 831-
647-6450, [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

    The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate and 
protect as national marine sanctuaries areas of the marine environment 
that are of special national significance due to their conservation, 
recreational, ecological, historical, scientific, cultural, 
archaeological, educational, or esthetic qualities. Day-to-day 
management of national marine sanctuaries has been delegated by the 
Secretary to ONMS. The primary objective of the NMSA is to protect the 
resources of the National Marine Sanctuary System.

[[Page 58124]]

    NOAA proposes to designate CHNMS in the waters along and offshore 
of the coast of central California to recognize the national 
significance of the area's ecological, historical, archaeological, and 
cultural resources and to manage this special place as part of the 
National Marine Sanctuary System. The proposed sanctuary boundary would 
encompass 5,617 mi\2\ (4,242 nmi\2\) of submerged lands and marine 
waters from Monta[ntilde]a de Oro State Park in San Luis Obispo County 
to Naples along the Gaviota Coast in Santa Barbara County. This 
boundary reflects NOAA's preferred alternative, which is described in 
the draft environmental impact statement (draft EIS) as Alternative 2 
(Cropped Bank to Coast) and Sub-alternative 5b (Gaviota Coast 
Extension). NOAA has also proposed in the draft management plan a 
framework to provide collaborative management with the Chumash and 
Salinan tribes in this area for CHNMS.
    The specific area proposed for national marine sanctuary 
designation includes the coastline of central California from Hazard 
Canyon Reef at the north end of Monta[ntilde]a de Oro State Park, south 
along the San Luis Obispo County coast and a portion of Santa Barbara 
County to approximately two miles south of Dos Pueblos Creek near the 
township of Naples along the Gaviota Coast. Roughly 134 miles of the 
mainland coast (163 miles if including the shoreline of offshore rocks 
and islands) are part of the area proposed for sanctuary designation. 
The sanctuary's proposed boundaries also include the offshore marine 
waters from the western end of Channel Islands National Marine 
Sanctuary (CINMS), northwards to within approximately 2.5 miles of the 
southern end of Morro Bay Wind Energy Area (WEA; as referenced in the 
Bureau of Ocean Energy Management (BOEM)'s Final Sale Notice for 
Pacific Wind Lease Sale 1, 87 FR 64093, October 21, 2022), and then 
east and southeast to the point of origin at Hazard Canyon Reef. This 
area out to approximately 66 miles (50 nmi) from shore includes 
numerous offshore features including the Santa Lucia Bank, portions of 
its escarpment, Rodriguez Seamount, Arguello Canyon, and other offshore 
features and resources. Coastal watersheds drain into this area via 
multiple outlets, including the Santa Maria and Santa Ynez river mouths 
and several other coastal streams and rivers. Strong coastal winds 
drive seasonal upwelling which fuels the area's high biological 
productivity, supporting dense aggregations of marine life. 
Specifically, winds offshore of Point Arguello/Point Conception 
initiate a powerful upwelling process that nourishes other nearby 
productive ecosystems such as CINMS. The presence of a biogeographic 
transition zone around Point Conception, where temperate waters from 
the north meet waters from the subtropics, creates an area of 
nationally-significant biodiversity in sea birds, marine mammals, 
invertebrates, and fishes.
    For more than 10,000 years, the productive and diverse ecosystems 
in the region have been essential to the way of life of Indigenous 
peoples in the region, in particular the Chumash, one of the few ocean-
going bands among the First Peoples of the Pacific Coast. The Salinan 
tribes have also relied on marine resources along the coast in this 
region Tribes' connections to the region include their traditional and 
ancestral homelands, customary uses of marine resources for food and 
cultural connections, and stewardship of resources and ecosystems 
within their ancestral homelands and waters. Coastal landscapes and 
seascapes, including viewsheds, are integral and sacred elements of 
Native American cultural connections to the region''). Additionally, 
during the last glacial maximum, the region's coastline extended beyond 
the present-day coast to include now-submerged areas that were likely 
inhabited by ancestors of California Tribes before the last sea level 
rise. As ocean-going Indigenous people on the California coast, the 
Chumash traveled to sea, to the Channel Islands, and along the coast in 
traditional redwood plank canoes called ``tomols.'' Coastal Chumash 
traditionally harvested an array of marine resources such as abalone 
and other shellfish, Olivella shells, fish, kelp and other seaweeds, 
and marine mammals. Today, Chumash Peoples undertake ocean voyages in 
tomol canoes to honor their ancestors' crossings to the offshore 
islands and to continue to honor ceremonial sites within their historic 
areas.
    The marine environment of the proposed sanctuary has provided and 
continues to provide a special sense of place to its changing coastal 
communities and visitors because of its historical, archaeological, 
cultural, aesthetic, and biological resources. The Indigenous peoples 
along this coast were the first people living in present-day California 
to have contact with Europeans when Spanish explorers arrived on the 
Pacific Coast in the mid-1500s. Subsequent waves of Spanish, Mexican, 
English, Russian, and American explorers and settlers traveled to this 
region over the next 300 years. The region was shaped by development of 
a mission system from San Diego to San Francisco, the California gold 
rush in the mid-1800s, ranching for cattle and the hide/tallow trade, 
military training and operations, a coastal and offshore oil boom, and, 
more recently, coastal and offshore renewable energy development. 
Maritime shipping has been prominent in this portion of California, 
with treacherous weather and currents leading to over 200 reported ship 
and aircraft wrecks; at least 20 prominent shipwrecks alone have been 
found in the area between Point Conception and Point Sal. Two 
shipwrecks that lie within the proposed sanctuary--the Yankee Blade and 
the McCulloch--have been listed on the National Register of Historic 
Places; the Montebello, also on the National Register, lies just beyond 
the proposed sanctuary's boundaries.
    Coastal tourism, recreational activities, and commercial fishing 
are prominent components of the coastal and marine economy in this 
region, particularly in San Luis Obispo County. Coastal and offshore 
energy and military activities are more prominent in the portion of 
this region along the Santa Barbara County coastline. More public 
access is available for the portion of the area proposed for the 
sanctuary in San Luis Obispo County than in Santa Barbara County, where 
access is more limited due to the large military base and private land 
holdings along this stretch of coast. Marine research is a small but 
growing sector of the ocean uses in this area.

B. Need for Action

    The National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate national 
marine sanctuaries to meet the purposes and policies of the NMSA, 
including:
     ``to identify and designate as national marine sanctuaries 
areas of the marine environment which are of special national 
significance and to manage these areas as the National Marine Sanctuary 
System'' (16 U.S.C. 1431(b)(1));
     ``to provide authority for comprehensive and coordinated 
conservation and management of these marine areas, and activities 
affecting them, in a manner which complements existing regulatory 
authorities'' (16 U.S.C. 1431(b)(2));
     ``to facilitate to the extent compatible with the primary 
objective of resource protection, all public and private uses of the 
resources of these marine areas not prohibited pursuant to other 
authorities'' (16 U.S.C. 1431(b)(6));
     ``to develop and implement coordinated plans for the 
protection and

[[Page 58125]]

management of these areas with appropriate Federal agencies, State and 
local governments, Native American tribes and organizations, 
international organizations, and other public and private interests 
concerned with the continuing health and resilience of these marine 
areas'' (16 U.S.C. 1431(b)(7)); and,
     ``to create models of, and incentives for, ways to 
conserve and manage these areas, including the application of 
innovative management techniques'' (16 U.S.C. 1431(b)(8)).
    The nationally-significant natural resources, physical features and 
habitats, and the cultural and historical resources within the proposed 
sanctuary warrant long-term protection and management to reduce threats 
that would adversely affect their historical, cultural, archaeological, 
recreational, and educational value. For example, many threatened or 
endangered species, such as blue whales, snowy plovers, black abalone, 
white sharks, and leatherback sea turtles, rely on habitats, physical 
features, or prey found in the proposed sanctuary rely on habitats, 
physical features, or prey found in the proposed sanctuary. This area 
also contains hundreds of known or suspected shipwrecks of historical 
importance, including several on the National Register of Historic 
Places. Moreover, this region and its abundant resources have been home 
to coastal, ocean-going Indigenous tribes for tens of thousands of 
years, and submerged village sites may exist along paleoshorelines in 
the submerged lands of the proposed sanctuary. Several key threats to 
these natural, cultural, and historical resources include: various 
levels of human development and activity from: offshore energy 
development; decommissioning and removal of coastal and offshore 
industrial facilities; sound, discharges and whale strikes from vessel 
traffic; plastics, marine debris and pollutants from coastal runoff; 
and most of all, acute and cumulative impacts of climate change.
    Accordingly, NOAA is proposing to designate this area as a national 
marine sanctuary to: (1) manage and protect nationally-significant 
natural resources, physical features and habitats, and cultural and 
historical resources through a regulatory and nonregulatory framework; 
(2) document, characterize, monitor, study, and conserve these 
resources; (3) provide interpretation of their natural, cultural, 
historical, and educational value to the public; (4) promote public 
stewardship and responsible use of these resources for various purposes 
to the extent compatible with the sanctuary's principal goal of 
resource protection; (5) develop a coordinated, community-based, 
ecosystem-based management regime with partner Federal agencies, State 
and local governments, and Indigenous tribes and tribal organizations; 
and (6) develop and carry out an innovative collaborative management 
structure to involve Indigenous communities, including federally-
recognized tribes and other tribal groups and organizations, in 
important management programs and initiatives of the sanctuary.
    Designating a new national marine sanctuary along the coast of 
central California would allow NOAA to complement and supplement 
existing Federal and State resource management programs, policies, and 
regulations. For instance, proposed discharge regulations to establish 
more comprehensive water quality protection across the geographic range 
proposed for sanctuary protection under NMSA would bolster existing 
authorities under the Clean Water Act (CWA; 33 U.S.C. 1251 et seq.). 
NOAA has well-regarded and successful programs to conduct outreach, 
education, and communication that would recognize and promote this 
area's nationally-significant natural, historical, and cultural 
properties. NOAA could assist the region's scientific expertise and 
technological resources to enhance ongoing research, and provide a hub 
for the coordination of these activities. Through its focus on various 
initiatives benefiting the marine and coastal economy, NOAA's 
designating the area as a national marine sanctuary would enhance and 
facilitate public stewardship of natural, historical, and cultural 
resources. Lastly, designating this proposed national marine sanctuary 
would provide expanded conservation of key resources within the 
California Current Large Marine Ecosystem, and create a collaborative 
framework to involve Indigenous communities in region-wide management.

C. Designation Process

1. Notice of Intent To Designate a National Marine Sanctuary
    In July 2015, a broad community consortium led by the Northern 
Chumash Tribal Council submitted a nomination through the Sanctuary 
Nomination Process. The nomination identified opportunities for NOAA to 
expand upon existing local and State efforts to study, interpret, and 
manage the area's unique cultural and biological resources. The 
nomination also highlighted the maritime history and cultural heritage 
of the Chumash tribal nation, who, along with other Native American 
tribes, have deep cultural connections to this area of central 
California. NOAA completed its review of the nomination and, on October 
5, 2015, added the area to the inventory of successful nominations 
eligible for designation. All nominations submitted to NOAA can be 
found at: https://www.nominate.noaa.gov/nominations.
    On November 10, 2021, NOAA began the sanctuary designation process 
for the proposed CHNMS by publishing a notice of intent (86 FR 62512) 
to prepare a draft EIS as well as other pertinent designation materials 
such as a draft management plan, terms of designation, and this 
proposed rule, as required by NMSA and the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). The notice of intent also 
announced NOAA's intent to fulfill its responsibilities under the 
requirements of the National Historic Preservation Act (NHPA; 54 U.S.C. 
300101 et seq.) and Executive Order 13175.
    Following the notice of intent, NOAA conducted three virtual public 
meetings, hearing oral comments from 100 participants, and received 
thousands of written comments during an 83-day public comment period. 
The majority of comments supported the goals of sanctuary designation, 
including protecting the cultural heritage of Chumash tribal 
communities and protecting the coastal California ecosystem's health 
and resilience. Many commenters also noted the importance of managing 
the area to promote recreation and tourism to support the local 
economy, to foster education and research programs, and to establish a 
shared management approach with Indigenous communities. Commenters also 
voiced concerns about overlapping existing and potential uses of the 
area such as fishing and offshore energy development. Overall, comments 
covered a diversity of other topics including views on: the proposed 
boundary and name for the proposed sanctuary; alternatives to consider 
for the boundary and name for the proposed sanctuary; activities that 
should be regulated; what non-regulatory programs the proposed 
sanctuary should have; and different ways to structure collaborative or 
co-management with Native American tribes. More detail about the 
scoping comments are contained in the draft EIS, section 3.11 and 
appendix A.
2. Development of Proposed Terms of Designation and Proposed 
Regulations
    Section 304(a)(4) of the NMSA requires that the terms of 
designation

[[Page 58126]]

include the geographic area proposed to be included within the 
sanctuary; the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value; and the types of activities that would be subject to 
regulation by the Secretary to protect these characteristics. Section 
304(a)(4) also specifies that the terms of designation may be modified 
only by the same procedures by which the original designation was made.
    The purpose and need for the sanctuary provide the overarching 
basis for developing the proposed regulations. NOAA developed this 
proposed rulemaking and the proposed sanctuary terms of designation 
based on information received during public scoping comments, 
cooperating agency review, and government-to-government consultation 
with Tribal Nations under Executive Order 13175, as well as on 
information from analysis of issues in the draft EIS, interagency 
coordination, and internal staff analysis and expertise. Scoping 
comments from tribal representatives, governmental agencies, users such 
as the fishing industry and offshore wind energy industry, other 
interested organizations, and the public addressed the need for 
regulations and exemptions for certain activities. NOAA consulted with 
the Pacific Fishery Management Council as required under NMSA section 
304(a)(5). NOAA also considered existing regulations for other west 
coast national marine sanctuaries, including Monterey Bay, Greater 
Farallones, Channel Islands, and Olympic Coast national marine 
sanctuaries, and developed terms of designation and a set of proposed 
regulations that are generally consistent with other sanctuary 
provisions in similar resource areas. In developing the proposed 
regulations, NOAA evaluated resource sensitivity, industry practices, 
and feasibility of implementing certain regulations, to balance 
resource protection regulations with existing and future compatible 
activities that may occur in the sanctuary.
    A detailed discussion of the proposed regulations is contained 
below in section II, subsections A through I. The proposed terms of 
designation are in section VI below and appendix B to the draft EIS, 
and would ultimately be incorporated as an appendix to the sanctuary 
management plan upon completion of designation.
3. Development of Draft Management Plan and Framework for Tribal 
Collaborative Management
    When designating a national marine sanctuary, NOAA also develops 
and presents a management plan that describes the management activities 
and initiatives that it proposes to conduct. The draft management plan 
for the proposed designation of CHNMS describes actions that NOAA will 
take to manage the sanctuary, summarized in 11 action plans, such as 
research and monitoring, education and outreach, sanctuary resource 
protection, and sanctuary operations, as well as practical programs to 
address certain issue areas, such as climate change, offshore energy, 
water quality, and wildlife disturbance. NOAA has developed the draft 
management plan for the largest boundary alternative as noted in the 
notice of intent and analyzed in the draft EIS as the ``Initial 
Boundary Alternative,'' so the public may evaluate the full suite of 
management measures for the proposed sanctuary; however, the final 
management plan could include fewer or reduced management actions if a 
boundary smaller than the Initial Boundary Alternative is ultimately 
designated.
    In addition to engaging in government-to-government consultation 
with the only federally-recognized tribe in the area, the Santa Ynez 
Band of Chumash Indians (SYBCI), as described in section V, 
Classification, below, NOAA has conducted meetings with non-federally-
recognized tribes and tribal organizations along the central California 
coast, including the Northern Chumash Tribal Council, yak tityu tityu 
yak ti[lstrok]hini Northern Chumash Tribe, Coastal Band of the Chumash 
Nation, Xolon Salinan Tribe, Salinan Tribe of Monterey and San Luis 
Obispo Counties, Wishtoyo Chumash Foundation, and Barbare[ntilde]o/
Venture[ntilde]o Band of Mission Indians. Close, deliberate 
collaboration between NOAA and these tribes has been an essential 
element of this sanctuary designation process. NOAA intends to 
incorporate input from interested federally-recognized Indian tribes 
and all interested tribal entities, into the sanctuary designation 
process, as well as sanctuary management after the proposed 
designation. The draft management plan includes an Indigenous Cultural 
Engagement Action Plan that describes how sanctuary management would 
involve tribal perspectives and collaboration in a number of specific 
sanctuary management actions.
    Additionally, NOAA is proposing a framework for collaborative 
management with Native American tribes and tribal groups for the 
proposed CHNMS. A detailed explanation of that proposed framework and 
an outline of opportunities for tribal collaboration in management of 
the proposed sanctuary are found in the introduction to the draft 
management plan. In summary, the proposed framework, built upon 
extensive input from SYBCI, non-federally-recognized tribes, and tribal 
organizations in this area of coast, envisions relying on government-
to-government consultation with federally-recognized Indian tribes; an 
Intergovernmental Policy Council involving federally-recognized Indian 
tribes and the State of California; a Sanctuary Advisory Council (to be 
established after designation) that has one or more voting seats for 
federally-recognized Indian tribes and one or more voting seats to 
represent the knowledge, history, and culture of Indigenous 
communities; and an Indigenous Cultures Advisory Panel, as a working 
group of the Sanctuary Advisory Council, to provide advice to the 
Sanctuary Advisory Council, with coordination and communication with 
other groups as appropriate, about cultural issues important to these 
coastal tribes. NOAA also envisions a role for one or more non-profit 
foundations to support joint projects between NOAA and federally-
recognized Indian tribes and/or non-federally recognized tribes. The 
proposed framework was presented to SYBCI and other tribes in meetings 
during August 2022 and separately shared with the public in a workshop 
held on August 26, 2022. NOAA welcomes further comment on the proposed 
framework, as described in the draft management plan, through this 
rulemaking process.
4. Draft Environmental Impact Statement
    In accordance with NEPA (42 U.S.C. 4321 et seq.) and the NMSA (16 
U.S.C. 1434), NOAA is releasing a draft EIS for the proposed national 
marine sanctuary designation in conjunction with the publication of 
this proposed rule. The draft EIS (https://sanctuaries.noaa.gov/chumash-heritage) describes the purpose and need for the proposed 
action of designating a national marine sanctuary in the coastal and 
offshore waters of central California--the purpose of this proposed 
regulatory action--and evaluates the potential environmental 
consequences of the proposed designation of a national marine 
sanctuary; identifies a range of alternatives, including the preferred 
alternative; includes a comparison of the beneficial and adverse 
impacts among alternatives; and provides an assessment of resources and 
uses in the area.

[[Page 58127]]

    The draft EIS analyzes the Initial Boundary Alternative (7,573 
mi\2\; 5,718 nmi\2\; 152 miles of mainland coast), which generally 
represents the boundary identified in the notice of intent (86 FR 
62512) but with some adjustments that are described in section 3.2 of 
the draft EIS, and four alternatives that are smaller than the Initial 
Boundary Alternative, including:
     Alternative 1, Bank to Coast, which focuses management 
from the Santa Lucia Bank to the coast (6,098 mi\2\; 4,605 nmi\2\; 152 
miles of mainland coast);
     Alternative 2, Cropped Bank to Coast (5,553 mi\2\; 4,194 
nmi\2\; 115 miles of mainland coast), largely copies Alternative 1, 
however it excludes the waters from Cambria to Hazard Canyon Reef, 
which would be the most direct path to shore for the installation of 
subsea electrical transmission lines from the Morro Bay WEA;
     Alternative 3, Diablo to Gaviota Creek, also excludes more 
(relative to Alternative 2) northern waters that BOEM has identified 
for potential offshore wind development by removing the Diablo Canyon 
Call Area from the boundaries of the proposed sanctuary, and focuses 
management on the area from the Diablo Canyon Call Area and nuclear 
power plant south to Gaviota Creek (5,952 mi\2\; 4,494 nmi\2\; 99 miles 
of mainland coast), but it includes offshore waters west of the Santa 
Lucia Bank;
     Alternative 4, Combined Smallest, excludes both the 
western and northern offshore areas focusing management on the smallest 
area (4,476 mi\2\; 3,380 nmi\2\; 99 miles of mainland coast).
    The draft EIS also analyzes two small expansion areas:
     Sub-alternative 5a, Morro Bay Estuary (2.5 mi\2\; 1.9 
nmi\2\; 11 miles of mainland coast), would include the tidally-
influenced portions of Morro Bay Estuary and could be added to the 
Initial Boundary Alternative or Alternative 1 (but would not be added 
to alternatives 2-4);
     Sub-alternative 5b, Gaviota Coast Extension (64 mi\2\; 48 
nmi\2\; 18 miles of mainland coast), would include in the proposed 
sanctuary the State waters from Gaviota Creek to the township of 
Naples, a potential addition to any of the action alternatives.
    The draft EIS also includes a ``No Action Alternative'' in which 
NOAA would not designate the area as a national marine sanctuary.
    NOAA has identified as the Agency-Preferred Alternative in the 
draft EIS the combination of Alternative 2 and Sub-alternative 5b. This 
is the boundary alternative that is reflected in this proposed rule.
    Based on public comments received on the draft designation 
documents and NOAA's experience administering the national marine 
sanctuary program, pursuant to NEPA and the Administrative Procedure 
Act, NOAA may choose to select a new alternative in the final rule and 
final EIS that is within the geographic and regulatory scope of these 
alternatives currently considered in the draft EIS, and that is a 
logical outgrowth of this proposed rule. See, for example, sections 
3.1.1 and 3.9.2 of the draft EIS.
    The draft EIS evaluates and considers the potential impacts of 
implementing the proposed regulations that would be adopted as part of 
the preferred alternative and conducting the various management 
programs and initiatives described in the draft management plan.
    The draft EIS focuses on eight issue areas: physical resources; 
biological resources; commercial fishing and aquaculture; cultural 
heritage and maritime heritage resources; socioeconomics, human uses, 
and environmental justice; offshore energy; marine transportation; and 
homeland security and Department of Defense (DoD) activities.
    The BOEM, the Bureau of Safety and Environmental Enforcement 
(BSEE), the DoD and the Santa Ynez Band of Chumash Indians (SYBCI) are 
all cooperating agencies for the NEPA review.
5. Agency-Preferred Alternative
    In accordance with NEPA (42 U.S.C. 4321 et seq.), NOAA is 
identifying as its preferred alternative the combination of Alternative 
2, ``Cropped Bank to Coast,'' and Sub-alternative 5b, ``Gaviota Coast 
Extension.'' Section 5.4.9 of the draft EIS provides a map (Figure 5-1) 
and additional information regarding the reasons for identifying this 
alternative as the Agency-Preferred Alternative. NOAA has met with 
cooperating agencies for this action and considered their input. NOAA 
has also conducted formal government-to-government consultation with 
the SYBCI, and has held informational meetings with other bands of the 
Chumash and two bands of the Salinan Tribe. NOAA developed its 
preferred alternative from among the suite of alternatives analyzed 
after considering their views as well as those of cooperating agencies, 
including the SYBCI, the input from outreach meetings, and after 
weighing the NEPA analysis.
    The Agency-Preferred Alternative (i.e., preferred alternative) 
would provide numerous beneficial impacts on various issue areas, such 
as physical resources; biological resources; commercial fishing and 
aquaculture; cultural heritage and maritime heritage resources; 
socioeconomics, human uses, and environmental justice; offshore energy; 
and homeland security and DoD activities; largely through sanctuary 
regulations that would limit the scale and scope of offshore 
development activities and other human uses that could harm natural, 
historical, and cultural resources. NOAA has considered the potential 
adverse impacts of the preferred alternative and finds them to be not 
significant while also allowing an acceptable balance between resource 
use and conservation of sanctuary resources. This alternative would 
also limit adverse impacts on offshore wind development and would 
lessen adverse impacts on marine transportation compared to the Initial 
Boundary Alternative analyzed in the draft EIS.
    In identifying the preferred alternative, NOAA has considered which 
boundary alternatives NOAA could effectively manage while allowing for 
compatible uses and providing increased protection and conservation for 
sanctuary resources, which is the proposed sanctuary's principal 
purpose. As such, the preferred alternative reflects NOAA's 
consideration of key issues, including those pertaining to subsea 
electrical transmission cables and the name of the proposed sanctuary. 
The sanctuary boundary proposed under the preferred alternative would 
allow NOAA to focus its management on key areas historically important 
to the Chumash Peoples and natural resources important to their 
heritage, while appropriately managing for other resources and uses.
    NOAA's identification of Alternative 2 rather than Alternative 1 as 
part of the preferred alternative (in addition to Sub-alternative 5b, 
discussed below) is based on two principal concer ns about designating 
the area from Monta[ntilde]a de Oro north to Cambria as a sanctuary. 
The first concern, described in more detail in section 5.4.9 of the 
draft EIS, derives from BOEM's estimation that offshore wind 
development in the Morro Bay WEA could require up to 20-30 subsea 
electrical transmission cables and possibly floating substations in the 
area offshore of Morro Bay. While NOAA's proposed regulations contain a 
permit process that could be used to allow for the placement and 
continued presence of subsea electrical transmission cables within the 
sanctuary boundaries (for additional details please refer to part III, 
section D below), provided that the applicable

[[Page 58128]]

criteria and requirements are met and that any permit conditions can be 
satisfied by developers, the disturbance of submerged lands and 
associated potential impacts on biological resources that could result 
from development on this scale would likely be unprecedented in a 
national marine sanctuary. In excluding this area, NOAA anticipates 
developers will be able to plan infrastructure for this area, which may 
minimize the potential requests to use other parts of the proposed 
sanctuary. Therefore, Alternative 2 would exclude some of the areas 
where subsea electrical transmission cables are expected to be placed 
from the proposed sanctuary. NOAA has evaluated the impacts of the 
proposed action on infrastructure in the draft EIS. NOAA additionally 
requests comment on any planned infrastructure in the area, as well as 
any potential impacts (including cost) that the sanctuary may have on 
this infrastructure.
    The second consideration for NOAA's choice of Alternative 2 as part 
of the preferred alternative relates to the lack of agreement regarding 
the name for the portion of the proposed sanctuary from roughly Cambria 
to south of Morro Bay. During the scoping process and informational 
meetings, the Salinan bands objected to naming the sanctuary 
``Chumash'' in that area which they identify as being part of their 
ancestral homeland. Chumash bands have also considered this section of 
coast part of their ancestral homeland. The Xolon Salinan have 
expressed support for sanctuary designation of this area, provided it 
had a different name. Chumash bands were unwavering in their view that 
the entirety of the sanctuary should be named ``Chumash Heritage.'' 
Alternative 2 is responsive to Indigenous community input by 
delineating a geographic option that would ameliorate these concerns.
    Including the Gaviota Coast Extension (Sub-alternative 5b) within 
the preferred alternative would provide additional protection to 
important coastal resources. It would include waters off three popular 
State beaches and parks--Gaviota, Refugio and El Capitan--and include 
all of Kashtayit and Naples State Marine Conservation Areas within the 
sanctuary. It would include additional beaches, kelp forests, and rocky 
and soft substrate reefs. As discussed in detail in section 4.5 of the 
draft EIS, that portion of the Gaviota Coast was home to numerous, 
large Chumash villages at the time of European first contact. 
Conservation of these resources is an important benefit to including 
this sub-alternative in the preferred alternative. Offshore structures 
including those necessary for existing oil and gas production in this 
area, such as pipelines and cables related to the Santa Ynez Unit, 
could be accommodated via the certification process included in the 
proposed regulations. Repair, replacement, or removal of the structures 
necessary for existing oil and gas production could be considered via 
an ONMS authorization process. For more details regarding the proposed 
permitting, authorization, and certification processes for existing oil 
and gas production and repair, maintenance, and removal of oil and gas 
structures, please refer below to section III.D.1., as well as section 
III.H.

II. Proposed Terms of Designation for Chumash Heritage National Marine 
Sanctuary

    Section 304(a)(4) of NMSA as amended, 16 U.S.C. 1434(a)(4), 
requires that the terms of designation be described at the time a new 
sanctuary is designated, including the geographic area proposed to be 
included within the sanctuary, the characteristics of the area that 
give it conservation, recreational, ecological, historical, research, 
educational, or aesthetic value, and the types of activities that will 
be subject to regulation to protect those characteristics.
    The following represents the proposed terms of designation:

Preamble

    Under the authority of the NMSA, approximately 5,600 mi\2\ (4,200 
nmi\2\) of the coast of central California's San Luis Obispo and Santa 
Barbara counties are hereby designated as a National Marine Sanctuary 
for the purpose of providing long-term protection and management of the 
ecological, cultural, and historical resources and the conservation, 
recreational, scientific, educational, and aesthetic qualities of the 
area.

Article I: Effect of Designation

    The NMSA authorizes the issuance of such regulations as are 
necessary and reasonable to implement the designation, including 
managing and protecting the ecological, cultural, and historical 
resources and the conservation, recreational, scientific, educational, 
and aesthetic qualities of Chumash Heritage National Marine Sanctuary 
(the ``Sanctuary''). Section 1 of article IV of these terms of 
designation lists those activities that may have to be regulated on the 
effective date of designation, or at some later date, in order to 
protect Sanctuary resources and qualities. Listing an activity does not 
necessarily mean that it will be regulated. However, if an activity is 
not listed it may not be regulated, except on an emergency basis, 
unless section 1 of article IV is amended by the same procedures by 
which the original Sanctuary designation was made.

Article II: Description of the Area

    CHNMS covers approximately 5,600 mi\2\ (4,200 nmi\2\) in central 
California. The Sanctuary's shoreline is approximately 130 miles long 
along the mainland, and 163 miles long when also counting the shoreline 
of offshore rocks and islands. The boundary begins at the mean high 
water line (MHWL) at Hazard Canyon Reef in Monta[ntilde]a de Oro State 
Park, in San Luis Obispo County, and extends to the south along the 
MHWL to approximately two miles east of Dos Pueblos Canyon near the 
township of Naples along the Gaviota Coast, in Santa Barbara County. 
The boundary then shifts due south offshore to the State waters line, 
then to the west along the State waters line to approximately the 
outfall of Gaviota Creek, then in a southwest direction along the 
western end of Channel Islands National Marine Sanctuary, southward to 
include Rodriguez Seamount and shifting to the northwest in an arc 
reaching approximately 47 miles due west of Purisima Point and another 
arc reaching a distance approximately 54 miles due west of Morro Rock, 
then approximately 2.5 miles to the north, then approximately 15 miles 
due east, and finally to the southeast approximately 39 miles to the 
point of origin at MHWL at Hazard Canyon Reef. The private marina at 
Diablo Canyon Power Plant and Port San Luis are not included in the 
Sanctuary. The Sanctuary includes offshore waters and seafloor features 
such as Rodriguez Seamount, Arguello Canyon, and the Santa Lucia Bank. 
The boundary coordinates are defined by regulation (see 15 CFR 922.230 
and appendix A to 15 CFR part 922, subpart V).

Article III: Special Characteristics of the Area

    For well over 10,000 years, First Peoples along North America have 
resided on the coast and in inland valleys adjacent to central 
California. Caves and other village sites at the nearby Channel Islands 
indicate occupation in this region as much as 13,000 years before 
present. At that time, due to glaciation at northern latitudes, the sea 
level was as much as 10 miles offshore from the present coastline. 
Paleoshorelines may exist in this area that could provide further 
evidence of early human occupation. The Native Americans who live in 
this

[[Page 58129]]

coastal area today, the Chumash and Salinan, can trace generations of 
family lineages in this region, that, when coupled with other 
historical accounts and archaeological data, show this coast and ocean 
area have supported their people, cultures, and heritage for thousands 
of years.
    The special characteristics of the coast east of Point Conception, 
consisting of a south-facing coast with a channel sheltered by offshore 
islands, allowed Chumash to develop and make use of the plank canoe, 
called a ``tomol,'' for fishing and trade with other Chumash groups. 
Chumash villages north of Point Conception could not make use of the 
plank canoe in the rough waters and instead relied on the abundance of 
shellfish in this area and reed canoes. There were approximately 14 
Chumash villages within the area of the sanctuary at the time of 
contact with Europeans, nearly 500 years ago. The largest Chumash 
village on the California coast at that time was ``Mikiw,'' located on 
the west bluff of Dos Pueblos Canyon. Most of the inhabited sites were 
located at the mouths of rivers or along the seashore where there was 
an abundance of food. The range of sites documented along or near the 
Sanctuary's coast includes rock art, shrines, village sites, camp 
sites, cemeteries, organic remains, evidence of trade systems, and 
evidence of various forms of subsistence, including hunting, fishing, 
and extraction.
    Serial use and development along this coastline, beginning with 
Indigenous peoples, then Spanish exploration and occupation, Russian 
fur trading, ranching and the trade for hides and tallow, discovery of 
gold, commercial fishing, and onshore and offshore oil and gas 
development have all had a hand in shaping this region's coast and 
human use of resources. All of these uses have been dependent on marine 
transportation, and as a result over 200 ship and aircraft wrecks are 
recorded in this area, including several of national significance such 
as the Yankee Blade. Commercial fishing for numerous abundant fish 
stocks and commercial fishermen are also part of the rich maritime 
heritage in the central coast region.
    The natural resources of the ocean have been a principal element of 
most of the human occupation and exploitation of the region. Strong and 
persistent coastal winds drive upwelling, an oceanographic process 
critical to the highly productive marine ecosystem. Large kelp forests, 
vast sandy beaches, rocky shorelines, shallow and deep reefs, and 
coastal wetlands are interconnected, co-dependent biological 
communities prominent in this region. Important, large-scale features 
include the Santa Lucia Bank, a highly productive, approximately 1,000-
square mile area in the heart of the Sanctuary, and thriving deep sea 
communities at Rodriguez Seamount and in Arguello Canyon. These 
productive waters complement other protected portions of the California 
Current by serving as critical foraging habitat for huge populations of 
shearwaters from New Zealand, humpback whales born offshore of Central 
America, leatherback sea turtles that migrate from and back to 
Indonesian islands, and albatross from Hawaii. More sedentary, local 
species depend on healthy communities in the Sanctuary, including the 
endangered snowy plover and black abalone, and commercially-important 
fish species like Dungeness crab, sablefish, spot prawn, squid, salmon, 
and lingcod. An estimated 33 species of marine mammals are found in the 
area, 18 of which can be seen on a regular basis. The Sanctuary is 
considered a seabird hot spot, with a higher richness of bird species 
than other sanctuaries offshore California. At least 400 species of 
fish have been documented in the area, which is also a higher richness 
of species than in nearby areas, likely because the Sanctuary includes 
warmer waters south and east of the ecological transition zone around 
Point Conception--Point Arguello and colder waters to the north.
    The nationally significant ecological transition zone in the area 
around Point Conception--Point Arguello, where species more common in 
sub-tropical waters to the south meet with species more common in 
colder temperate waters to the north, is a central feature of the 
Sanctuary. The northern range of many warmer water species and the 
southern range of many colder water species meet in the area between 
Point Conception and Point Arguello. Increasing ocean temperatures and 
other impacts from climate change intensify the need to study 
biogeographic shifts in this area and affirm the importance of 
protecting the habitats on which these species depend.
    Rodriguez Seamount, 38 nmi southwest of Point Conception, formed 
10-12 million years ago through volcanic activity. It rises more than a 
mile above the seafloor to a relatively shallow depth of around 2,000 
ft. below sea level. Scientists consider it to be relatively rare in 
that it may once have been an island, rising to possibly 200 ft. above 
sea level; due to sea level rise and seafloor subsidence, the seamount 
is now fully submerged. From its time as an island, it has remnants of 
sandy beach features and from its time as a seamount, it has large 
coral and sponge colonies. Preliminary studies indicate a high 
percentage of invertebrate species as well as fish species found on 
Rodriguez Seamount that are not found on other nearby seamounts. Some 
surveys have uncovered substantial aggregations of coral colonies, with 
large individuals likely decades old, indicating a low level of 
disturbance to date. A special management zone for Rodriguez Seamount 
has been designated by Sanctuary regulations to allow for special 
protection in the water column 500 ft. above the seamount and to 
complement regulations adopted separately under the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) to protect benthic 
habitats.
    The area contains dramatic coastlines consisting of rocky 
shorelines, large bluffs, and sweeping sandy beaches. Other than an 
approximately 10-mile stretch of urban development along the coast from 
Port San Luis through Oceano, most of the 134 miles of Sanctuary 
coastline is undeveloped due to State and county park ownership, a 
large stretch owned by the U.S. Government as a military installation, 
and private landholdings of large and small ranches or dispersed 
single-family dwellings. This lack of development creates a sense of 
wildness and highly-valued aesthetics of a natural coastal setting 
worthy of national marine sanctuary designation.

Article IV: Scope of Regulations

Section 1. Activities Subject to Regulation

    The following activities are subject to regulation, including 
prohibition, as may be necessary to ensure the protection and effective 
management of the ecological, cultural, historical, conservation, 
recreational, scientific, educational, or aesthetic resources or 
qualities of the area:
    a. Exploring for, developing, or producing oil, gas, or minerals 
(e.g., clay, stone, sand, metalliferous ores, gravel, non-metalliferous 
ores, or any other solid material or other physical matter of 
commercial value) within the Sanctuary;
    b. Discharging or depositing, from within or into the boundary of 
the Sanctuary, or from beyond the boundary of the Sanctuary, any 
material or other matter;
    c. Taking, removing, moving, catching, collecting, harvesting, 
feeding, injuring, destroying, attracting, possessing, or causing the 
loss of, or attempting to take, remove, move, catch,

[[Page 58130]]

collect, harvest, feed, injure, destroy, attract, or cause the loss of, 
a marine mammal, sea turtle, bird, historical resource, or other 
Sanctuary resource;
    d. Drilling into, dredging, or otherwise altering the submerged 
lands of the Sanctuary; or constructing, placing, or abandoning any 
structure, material, or other matter on or in the submerged lands of 
the Sanctuary;
    e. Flying a motorized aircraft above the Sanctuary;
    f. Operating a vessel (i.e., water craft of any description) within 
the Sanctuary;
    g. Aquaculture or kelp harvesting within the Sanctuary;
    h. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species; and,
    i. Interfering with, obstructing, delaying, or preventing an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the NMSA or any regulation or permit 
issued under the NMSA.
    Listing an activity here means that Secretary of Commerce can 
regulate the activity, after complying with all applicable regulatory 
laws, without going through the designation procedures required by 
paragraphs (a) and (b) of section 304 of the NMSA, 16 U.S.C. 1434(a) 
and (b). No term of designation issued under the authority of the NMSA 
may take effect in California State waters within the Sanctuary if the 
Governor of California certifies to the Secretary of Commerce that such 
term of designation is unacceptable within the review period specified 
in the NMSA.

Section 2. Emergencies

    Where necessary to prevent or minimize the destruction of, loss of, 
or injury to a Sanctuary resource or quality, or to minimize the 
imminent risk of such destruction, loss, or injury, any and all 
activities, including those not listed in section 1, are subject to 
immediate temporary regulation, including prohibition.

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

    Pursuant to section 304(c)(1) of the NMSA, no valid lease, permit, 
license, approval, or other authorization issued by any Federal, State, 
or local authority of competent jurisdiction, or any right of 
subsistence use or access, may be terminated by the Secretary of 
Commerce or designee as a result of this designation or as a result of 
any Sanctuary regulation if such authorization or right was in 
existence on the effective date of this designation. The Secretary of 
Commerce or designee, however, may regulate the exercise (including, 
but not limited to, the imposition of terms and conditions) of such 
authorization or right consistent with the purposes for which the 
Sanctuary is designated.
    In no event may the Secretary or designee issue a permit 
authorizing, or otherwise approve: (1) The exploration for, development 
of, or production of oil, gas, or minerals within the Sanctuary except 
for existing oil and gas production of existing reservoirs under 
production prior to the effective date of Sanctuary designation from 
Platform Irene and Platform Heritage; (2) the discharge of primary-
treated sewage except for regulation, pursuant to section 304(c)(1) of 
the Act, of the exercise of valid authorizations in existence on the 
effective date of Sanctuary designation and issued by other authorities 
of competent jurisdiction; or (3) the disposal of dredged material 
within the Sanctuary other than at sites authorized by the U.S. 
Environmental Protection Agency (EPA) prior to the effective date of 
designation. The disposal of dredged material does not include the 
beneficial use of dredged material. Any purported authorizations issued 
by other authorities after the effective date of Sanctuary designation 
for any of these activities within the Sanctuary shall be invalid.
    Article IV does not authorize the direct regulation of lawful 
fishing activities within the Sanctuary, such as setting catch quotas, 
establishing spatial closures for fishing, or setting fishing seasons. 
However, all activities listed in article IV could apply to a person 
engaged in the act of fishing, such as but not limited to vessel 
operations, wildlife disturbance, discharges, introduction of an 
introduced species, or disturbance of cultural or historical resources. 
Aquaculture and kelp harvesting are not subject to this limitation and 
are subject to regulation under these terms of designation. Fishing in 
the Sanctuary may be regulated by other Federal or State authorities of 
competent jurisdiction, and designation of the Sanctuary shall have no 
effect on any fishery management regulation, permit, or license issued 
thereunder.

Article VI: Alteration of This Designation

    The terms of designation, as defined under section 304(a)(4) of the 
NMSA, may be modified only by the same procedures by which the original 
designation is made, including public hearings, consultations with 
interested Federal, State, Tribal, regional, and local authorities and 
agencies, review by the appropriate congressional committees, and 
approval by the Secretary of Commerce, or his or her designee.

[End of terms of designation]

III. Summary of Proposed Regulations

A. Adding New Subpart V

    NOAA is proposing to amend 15 CFR part 922 by adding a new subpart 
(subpart V) that contains site-specific regulations for the proposed 
sanctuary. This subpart would include the proposed boundary, contain 
definitions of common terms used in the new subpart, identify 
prohibited activities and exceptions, and establish procedures for 
certification of existing uses and permitting otherwise prohibited 
activities.

B. Proposed Sanctuary Boundary

    NOAA proposes to designate Chumash Heritage National Marine 
Sanctuary, consisting of an area of approximately 5,600 square miles 
(mi\2\) (4,200 square nautical miles (nmi\2\)) of coastal and ocean 
waters along the central coast of California and the submerged lands 
thereunder. The northern boundary would commence at Hazard Canyon Reef 
within Monta[ntilde]a de Oro State Park at the mean high water line 
(MHWL) and extend for 134 miles south along the MHWL through the 
remainder of San Luis Obispo County coast, excluding the private marina 
at Diablo Canyon Power Plant and Port San Luis (at the port's boundary 
for International Regulations for Preventing Collisions at Sea 
(COLREGS) demarcation line (33 CFR 80.1130)), and then further south 
and east to include the coast of western Santa Barbara County to 
approximately two miles east of Dos Pueblos Canyon along the Gaviota 
Coast near the township of Naples. The boundary then shifts due south 
offshore to the State waters line, to the west along the State waters 
line to approximately Gaviota Creek, then in a southwest direction 
along the western end of CINMS, southward to include Rodriguez Seamount 
and shifting to the northwest in an arc reaching approximately 47 miles 
due west of Purisima Point and another arc reaching a distance 
approximately 54 miles due west of Morro Rock, then approximately 2.5 
miles to the north, then approximately 15 miles due east, and finally 
to the southeast approximately 39 miles to the point of origin at MHWL 
at Hazard Canyon Reef.\1\
---------------------------------------------------------------------------

    \1\ The proposed boundary would bisect Hazard Canyon Reef at 
MHWL. The detailed legal boundary description is included in Sec.  
922.230 and the coordinates are located in 15 CFR part 922, subpart 
V, appendix A.

---------------------------------------------------------------------------

[[Page 58131]]

C. Definitions

    This proposed rule incorporates and adopts common terms defined in 
the national regulations at 15 CFR 922.11. In addition, NOAA proposes 
to include two site-specific definitions.
    NOAA has proposed to define ``beneficial use of dredged material'' 
to distinguish between suitable dredge material that is discharged into 
the sanctuary for the purpose of protecting or restoring habitat of the 
sanctuary, which could be permitted, versus disposal of dredge material 
at a new disposal site within the sanctuary for purposes other than 
habitat protection or restoration, which would not be permittable. 
Dredged material eligible for this definition can come from a public 
harbor adjacent to the sanctuary, which for the Agency-Preferred 
Alternative would mean Port San Luis. Beneficial use of dredged 
material is not disposal of dredged material.
    NOAA is proposing a definition for the ``Rodriguez Seamount 
Management Zone'' to define the special marine area immediately on top 
of, around, and adjacent to the Rodriguez Seamount. This definition is 
necessary because NOAA is proposing a regulation that specifically 
prohibits the collection or other injury of any sanctuary resource 
below 1,500 ft. water depth in this area from any activity other than 
from lawful fishing. This corresponds to the water depth about 500 ft. 
above the very top of the seamount. Existing fishing regulations, 
separately established under the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA), already restrict bottom trawling in much of 
the Rodriguez Seamount Management Zone. This special area, entirely 
within the boundaries of the proposed sanctuary, is bounded by geodetic 
lines connecting a heptagon generally centered on the top of the 
Rodriguez Seamount, and consists of approximately 570 mi\2\ (430 
nmi\2\) of ocean waters and the submerged lands thereunder. The 
northeast corner of this zone is located approximately 27 mi southwest 
of Point Conception off the coast of Santa Barbara County. Exact 
coordinates for the Rodriguez Seamount Management Zone boundary are 
provided in appendix B to subpart V.

D. Prohibited and Regulated Activities

    NOAA is proposing to supplement and complement existing management 
of this area by proposing the following regulations in Sec.  922.232 to 
protect sanctuary resources and qualities.
1. Prohibition on Exploring for, Developing, or Producing Oil, Gas, or 
Minerals
    The central California coast has hosted offshore oil and gas 
development for over 60 years and the area proposed for designation as 
a national marine sanctuary has hosted oil and gas development for 
nearly 40 years. There have been oil spills from platforms and 
pipelines in this area, and spills from onshore development and onshore 
pipeline transportation, all of which have caused significant 
environmental harm. Additional information about these spill incidents 
is contained in section 4.7 of the draft EIS. NOAA is proposing to 
prohibit exploration, development, and production of offshore oil and 
gas resources within the sanctuary to reduce the risk of offshore 
spills from oil and gas development in the area. Continued oil and gas 
production of existing reservoirs under production prior to the 
effective date of sanctuary designation from Platform Irene (as part of 
the Point Pedernales Unit development) and Platform Heritage (as part 
of the Santa Ynez Unit development), including well abandonment, and 
including transportation in pipelines of product to shore, would be 
allowed to continue after sanctuary designation until those fields are 
exhausted and/or the developer ends operation. However, this regulation 
would prevent development of new reservoirs from these existing 
platforms.
    Constructing and operating offshore platforms and pipelines also 
can cause direct impacts on natural, historical, and cultural 
resources, particularly from disturbance to the seafloor and benthic 
species. Those impacts would also be prevented because this regulation 
would not allow new oil and gas exploration, development, or 
production. Any construction, repair, replacement, or removal of 
existing pipelines would require a ONMS authorization or other approval 
in order to allow disturbance to the submerged lands.
    Most if not all of the platforms and pipelines within the sanctuary 
are likely to be decommissioned and removed within 5-10 years of 
sanctuary designation. The prohibition on new oil and gas development 
would not preclude the removal of these structures and restoration, if 
necessary, of any damage caused by removal, although a sanctuary 
permit, authorization, or other approval would be required in order to 
allow disturbance to the submerged lands during decommissioning, 
removal, and restoration activities. NOAA would be integrally involved 
in the planning and conduct of such decommissioning, removal, and 
restoration activities for structures within the sanctuary.
    This prohibition would also not allow for development, including 
exploratory activities, of any seafloor minerals. While seafloor mining 
has not been proposed in this area, this regulation would ensure that 
the disturbance to benthic habitat and species likely to result from 
seafloor mining would not occur in the sanctuary.
2. Prohibition on Discharges
    This proposed prohibition on discharges has three main elements: 
prohibition on any discharge within or into the sanctuary; discharge 
from beyond the sanctuary boundary that subsequently enters and injures 
sanctuary resources; and discharges from cruise ships. Each is 
explained in separate paragraphs below. All three sub-elements of this 
prohibition are consistent with discharge prohibitions in adjacent 
national marine sanctuaries.
    The proposed prohibition on discharges within or into the sanctuary 
is proposed in recognition that various substances can be discharged 
from vessels or from infrastructure or individuals along the shoreline 
that can harm sanctuary resources or quality. The proposed discharge 
regulations would bolster existing authorities such as the Clean Water 
Act (CWA; 33 U.S.C. 1251 et seq.) that provide some, yet incomplete, 
protection of resources from the adverse effects of discharges. 
Establishing a cohesive regulatory framework across the full range of 
the geography proposed for sanctuary protection would provide value to 
boaters and others using sanctuary waters. Section 4.2.1 of the draft 
EIS contains a detailed discussion of water quality and discharges that 
constitute key sources of water pollution in the area, and a brief 
summary of key points is provided here. While sewage is largely well-
regulated from onshore facilities, and while the EPA has established a 
No Discharge Zone within three miles of the California coastline, 
NOAA's proposed prohibition would complement this regulatory framework 
and apply throughout the entire geographic region of the proposed 
sanctuary; it would also provide additional enforcement authority to 
protect sanctuary resources. Moreover, NOAA would commit staff time 
towards education and outreach to help promote compliance with this 
important regulation. Furthermore, the prohibition would extend 
throughout the sanctuary to ensure discharge of sewage from vessels 
does not cause acute or

[[Page 58132]]

cumulative impacts on natural resources or water quality.
    Oil discharged from vessels or from shore can cause acute toxicity 
in organisms, and can foul feathers of seabirds leading to illness or 
death. Discharging other debris from vessels, by accident or on 
purpose, can lead to long-term impacts on resources. A chronic 
accumulation of plastics in marine ecosystems, for instance, can lead 
to an accumulation of plastic in marine organisms including those that 
are eventually ingested by humans.
    NOAA is proposing some exceptions for this prohibition consistent 
with those exceptions at adjacent sanctuaries. For instance, NOAA is 
proposing to except discharge of fish, fish parts, chumming materials, 
or bait used in and resulting from lawful fishing activities within the 
sanctuary. NOAA is also proposing to except discharge of sewage waste 
that has been treated by a Type I or Type II marine sanitation device, 
as these systems provide effective treatment for sewage as to mitigate 
any impact their discharge can have on marine resources. Normal vessel 
operations can also involve washing down the deck or the anchor, which 
is exempted provided the wash down qualifies as ``clean'' per the 
definition at 15 CFR 922.11. There are also normal discharges from 
operating motorized vessels that are excepted, such as clean vessel 
engine cooling water, clean vessel generator water, and clean bilge 
water, as well as exhaust from an engine or generator. Provided that 
these discharges are clean, they may be discharged within or into the 
sanctuary. The more common threat to sanctuary resources can come from 
oily bilge water, soiled by oil that drips or leaks into an engine 
compartment. Oily bilge water may not be discharged into the sanctuary 
under this proposed prohibition, and would have to be disposed of at 
onshore pumpout stations. NOAA will coordinate with harbormasters to 
ensure existing onshore pumpout facilities remain operable, and, if 
necessary, to explore if other facilities are needed.
    NOAA is proposing to except the disposal of dredged material within 
the proposed sanctuary at disposal sites approved by the EPA prior to 
designation. The proposed sanctuary boundaries do not include the two 
known EPA-approved dredge disposal sites used for Morro Bay dredging. 
NOAA is not aware of any other such sites. Nonetheless, this exception 
would allow an agency to demonstrate, after sanctuary designation, that 
a disposal site approved by the EPA existed prior to sanctuary 
designation.
    Within the proposed sanctuary, NOAA would also consider allowing 
via permit the beneficial use of material removed from dredging Port 
San Luis, specifically to protect or restore habitat such as a sandy 
beach. The beneficial use of dredged material for habitat protection or 
restoration purposes is different from the disposal, or discarding, of 
dredged material. A proposed project involving the beneficial use of 
dredged material from Port San Luis may be eligible for approval by 
NOAA if the project demonstrates a sanctuary habitat protection or 
restoration purpose and if the permit requirements and criteria are 
met.
    NOAA is proposing an exception for routine discharges from U.S. 
Coast Guard operations. One part of the exception would allow U.S. 
Coast Guard vessels that lack sufficient holding tank capacity and lack 
a Type I or II marine sanitation device to discharge sewage and non-
clean graywater beyond 3 nmi from shore. A second part of the exception 
would allow discharge of ammunition, pyrotechnics, and other material 
directly related to training from beyond 12 nmi from shore from U.S. 
Coast Guard vessels and aircraft conducting training activities for 
search and rescue and live ammunition fire in the sanctuary. NOAA 
recognizes that these exceptions are necessary to ensure existing U.S. 
Coast Guard patrols, operations, and training can be maintained in the 
new sanctuary. U.S. Coast Guard patrol vessels provide a tremendous 
benefit to NOAA by assisting with enforcement of national marine 
sanctuary regulations. Moreover, the U.S. Coast Guard is an essential 
element of marine safety to all mariners operating offshore in central 
California, and they also provide enforcement of other Federal laws, 
conduct drug smuggling interdiction activities, and protect the 
homeland. ONMS has developed plans with U.S. Coast Guard District 11 
leadership through informal discussions and NMSA section 304(d) 
consultation to limit discharges into other west coast national marine 
sanctuaries and anticipates similar approaches could be explored for 
U.S. Coast Guard operations in the proposed sanctuary. Therefore, NOAA 
considers the proposed discharge exception for U.S. Coast Guard vessels 
appropriate.
    Finally, NOAA is proposing an exception that would allow discharges 
incidental and necessary to normal oil and gas production activities 
from Platforms Irene and Heritage into reservoirs already in 
production. These could include drill cuttings and mud to maintain well 
pressure and control during drilling as well as other materials 
necessary to force oil and gas products from one part of the reservoir 
into producing wells. The last step in the life of an oil and gas well 
is to abandon the well, with the operator pumping cement into the well 
to prevent release of hydrocarbons in the future; this activity would 
be part of the proposed exception. Use of the depleted reservoirs for 
injection or storage of any material not considered incidental and 
necessary to normal oil and gas production would not be covered by the 
exception yet could be considered via proposed permit processes.
    Discharges from beyond the boundary of the sanctuary would also be 
prohibited when those discharges subsequently enter the sanctuary and 
harm a sanctuary resource or quality. An example of this could be a 
spill from an onshore oil pipeline that flows down a creek, enters the 
sanctuary at the MHWL, and injures seabirds, fish, algae, or the 
sanctuary seafloor or other habitat. Unlike a discharge directly within 
or into the sanctuary, for a discharge to violate this prohibition, the 
discharge must injure a sanctuary resource or quality. This prohibition 
could also be applied to a spill or other discharge that originated 
from the marine environment and subsequently entered the sanctuary and 
injured a sanctuary resource or quality. The same exceptions that are 
proposed for the sub-element prohibiting discharge directly within or 
into the sanctuary would also apply for a discharge from beyond the 
boundary, except for the exception for dredge disposal and the 
exception for discharges incidental and necessary to oil and gas 
production. NOAA intends that dredge disposal discharges beyond the 
boundary of the sanctuary need to be designed in such a manner that 
they do not enter the sanctuary and injure sanctuary resources or 
qualities.
    The third sub-element of this discharge regulation would prohibit 
discharge from cruise ships. Across most national marine sanctuaries, 
NOAA has applied consistent regulations that allow for fewer exceptions 
for cruise ship discharges than for other vessel discharges within or 
into sanctuaries because cruise ships can generate very large volumes 
of waste or other discharges. Even if treated, the volume of sewage and 
graywater, for instance, on a cruise ship of more than 2,000 passengers 
can reach several million gallons a day. Sewage discharge may contain 
bacteria or viruses that can cause disease in humans and wildlife, and 
can cause excessive growth and decomposition of

[[Page 58133]]

oxygen-depleting plant life, resulting in harm or death to organisms. 
Section 4.2.1 of the draft EIS provides additional detail on these 
sorts of discharges. The only exceptions proposed for cruise ships 
discharging within CHNMS would be for clean vessel engine cooling 
water, clean vessel generator cooling water, vessel engine or generator 
exhaust, clear bilge water, or anchor wash; in essence, discharges 
directly linked to propelling and operating the vessel itself.
3. Prohibition on Drilling Into or Altering the Submerged Lands
    The seabed is a large and important habitat in the ecosystem within 
the proposed sanctuary, and NOAA proposes to prohibit activities that 
would drill into, dredge, or otherwise alter or disturb the submerged 
lands of the sanctuary. This prohibition would include constructing, 
placing or abandoning any structure, material, or other matter on the 
submerged lands. This is a common regulatory prohibition that NOAA has 
applied to most national marine sanctuaries. The purpose is to prevent 
activities that cause harm to habitat and species on or near the 
seafloor, such as drilling into or dredging into the seafloor. The 
proposed regulation includes exceptions for certain activities 
including disturbance during the conduct of lawful fishing activities, 
kelp harvesting, or anchoring a vessel. NOAA also proposes to except 
from this prohibition the installation of an aid to navigation, as well 
as the repair, replacement, or other maintenance on existing 
structures, specifically docks, piers, breakwaters, or jetties. Also, 
NOAA proposes an exception for maintenance dredging of the entrance 
channels for Port San Luis in existence at the time the sanctuary is 
designated. Vandenberg Space Force Base periodically conducts dredging 
near its coastal loading dock, with onshore disposal of the sand, but 
that dredging disturbance would be exempted with the general exemption 
for existing Department of Defense activities. NOAA has also proposed 
an exception to allow for drilling, maintaining, and abandoning wells 
incidental and necessary to normal oil and gas production activities 
within or into existing reservoirs in production at the time of 
sanctuary designation from Platforms Irene or Heritage.
    In proposing these exceptions, NOAA has considered both the 
anticipated level of disturbance to the submerged lands and the purpose 
of the specified activities, most of which are related to maritime 
safety. The proposed exceptions are intended to further the policy of 
the NMSA to facilitate public and private uses of sanctuary resources 
to the extent compatible with the primary objective of resource 
protection. However, in order to conserve and protect populations of 
coral and sponge colonies, NOAA proposes to not apply any of these 
exceptions within the Rodriguez Seamount Management Zone. The only 
exception that would apply within the Rodriguez Seamount Management 
Zone is the exception for seabed disturbance conducted during lawful 
fishing activity as regulated under the MSA. Note, however, that most 
of the Rodriguez Seamount Management Zone has been designated by the 
Pacific Fishery Management Council as groundfish essential fish habitat 
under the MSA, and areas in and around the zone are currently closed to 
bottom trawling under regulations at 50 CFR part 660, subpart C.
    Certain currently proposed or contemplated future activities could 
result in disturbance to the submerged lands in the area proposed for 
sanctuary designation. Procedures described below in the section on 
General Permits, Authorizations, Certifications, and Special Use 
Permits could be used to allow such an activity that is otherwise 
prohibited, provided that the applicable criteria and requirements are 
met and that any permit conditions can be satisfied by developers. 
Examples of such activities that would be prohibited by the proposed 
seabed disturbance regulation unless a sanctuary general permit, ONMS 
authorization, or certification were issued include construction and 
operation of subsea electrical transmission cables from wind 
development in Federal waters beyond the sanctuary, or construction and 
operation of wind platforms in State waters near Vandenberg Space Force 
Base. Disturbance of submerged lands during repair and maintenance of 
existing structures not listed as being exempted, such as oil pipelines 
to shore from Platform Irene, or trans-oceanic fiber-optic 
telecommunications cables, would also require a permit, authorization, 
or certification from NOAA before proceeding.
    With respect to subsea electrical transmission cables, BOEM cannot 
issue leases, rights of way, or easements for wind development within 
national marine sanctuaries per the Outer Continental Shelf Lands Act 
(OCSLA), 43 U.S.C. 1337(p)(10). As discussed in the draft EIS, NOAA 
intends to coordinate with BOEM on potential integration of NMSA 
authorities and BOEM's OCSLA authorities for the purposes of specific 
wind development projects contemplated adjacent to and within the 
proposed sanctuary. Although the details of any individual permit or 
authorization would be project-specific and would depend upon NOAA's 
consideration of the permit application(s) for any particular project, 
NOAA believes that the most likely permitting approach for activities 
associated with subsea electrical transmission cables is as follows.
     To allow the site assessment and characterization 
activities that must be conducted prior to cable installation, NOAA 
could consider issuing a sanctuary general permit for research purposes 
under 15 CFR part 922, subpart D, and 15 CFR 922.233 of the proposed 
rule.
     For the installation of a subsea electric transmission 
cable on the outer continental shelf within the proposed sanctuary, 
NOAA could consider issuing an ONMS authorization of a permit issued by 
the U.S. Army Corps of Engineers (USACE) under section 10 of the Rivers 
and Harbors Act (33 U.S.C. 403), under 15 CFR 922.36 and 922.232(e) of 
the proposed rule.
     For installation of cables within State waters of the 
proposed sanctuary, NOAA could similarly consider authorizing a lease 
issued by the State Lands Commission or a coastal development permit 
issued by the California Coastal Commission, under 15 CFR 922.36 and 
922.232(e) of the proposed rule.
     To authorize the continued presence of the cable on or in 
the seabed within the proposed sanctuary, NOAA could then consider 
issuing a special use permit under section 310 of the NMSA.
     To allow any necessary maintenance and repair associated 
with the cable that might cause a disturbance of the submerged lands of 
the sanctuary, NOAA could consider several potential options. These 
could include relying on the initial ONMS authorization of the USACE 
section 10 permit and/or State permit for the cable installation 
(depending on the duration of that permit and whether it included 
future repair and maintenance), or issuing an ONMS authorization of a 
separate USACE and/or State permit that is issued specifically for the 
maintenance and repair activity.
    NOAA has coordinated with USACE regarding this approach in Federal 
waters, and intends to continue that coordination throughout the 
designation process and as plans for cabling in the area are developed. 
Regular coordination with State agencies has occurred in the past and 
NOAA would conduct specific coordination meetings related to cable 
permitting as necessary. That said, NOAA's proposed regulations

[[Page 58134]]

contain several permitting mechanisms (see section H of this preamble 
below and section 3.2.2 of the draft EIS) that would provide NOAA with 
flexibility in its approach to any individual permitting request.
    Decommissioning and removal activities that would disturb the 
sanctuary seabed, such as oil and gas platform removal or 
decommissioning of the outfall at the Diablo Canyon Power Plant, would 
require a permit, authorization, or certification from NOAA before 
proceeding. Further, NOAA has already commented, or could comment in 
the future as appropriate, to Federal, State, and local agencies 
leading regulatory review of these actions; also, some of these 
examples have been discussed with BOEM and BSEE, as cooperating 
agencies under NEPA for this designation, given the relevance to their 
authorities.
4. Prohibition on Possessing, Moving, Removing, or Injuring or 
Attempting To Possess, Move, Remove, or Injure a Sanctuary Historical 
Resource
    NOAA is proposing to prohibit possessing, moving, removing, or 
injuring, or attempting to possess, move, remove, or injure a sanctuary 
historical resource, as defined at 15 CFR 922.11. This prohibition aims 
to reduce the risk of direct harm to sanctuary historical and cultural 
resources. ``Moving'' and ``injuring'' would include any changes to the 
position or state of historical resources, as well as covering, 
uncovering, moving, or taking artifacts from a shipwreck, even if the 
artifacts are not located directly on a shipwreck. Sanctuary historical 
resources include cultural and archaeological resources and artifacts. 
This sanctuary prohibition would apply within both State and Federal 
waters of the sanctuary and is necessary to ensure conservation of 
historical resources on the more than 200 ship and aircraft wrecks 
thought to exist in the sanctuary, as well as other known or unknown 
historical resources, such as resources that may be associated with 
submerged Native settlements.
5. Prohibition on Taking Any Marine Mammal, Sea Turtle or Bird Within 
or Above the Sanctuary
    This prohibition is proposed to ensure conservation of important 
populations of marine mammals, sea turtles, and birds that are found in 
or above the sanctuary. The regulation would not apply should a person 
be authorized to take a marine mammal, sea turtle, or bird by NOAA or 
the U.S. Fish and Wildlife Service pursuant to the Marine Mammal 
Protection Act (MMPA), the Endangered Species Act (ESA), or the 
Migratory Bird Treaty Act (MBTA). The term ``take'' including 
``taking'' is defined in the national sanctuary regulations at 15 CFR 
922.11.
6. Prohibition on Possessing Within the Sanctuary (Regardless of Where 
Taken, Moved, or Removed From) Any Marine Mammal, Sea Turtle, or Bird
    This regulation is a companion to the preceding prohibition and is 
proposed to restrict a person's ability to possess any marine mammal, 
sea turtle, or bird within the sanctuary, except as allowed by the 
MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes.
7. Prohibition on Deserting a Vessel Aground, at Anchor, or Adrift in 
the Sanctuary or Leaving Harmful Matter Aboard a Grounded or Deserted 
Vessel in the Sanctuary
    Other adjacent national marine sanctuaries, similar to the proposed 
CHNMS, have considerable boating traffic along the coast and from local 
harbors. NOAA has responded to dozens of vessel sinkings, groundings, 
and discharges each year in national marine sanctuaries throughout the 
National Marine Sanctuary System, many with significant response and 
restoration costs and damage to sanctuary resources. Along with 
responding to those incidents, NOAA has adopted this regulation as a 
means to prevent a vessel's sinking, grounding, or other incident, 
given that prevention is much less expensive than responding to 
incidents and can optimally prevent impacts and damage to sanctuary 
resources as well as to private property. NOAA proposes prohibiting 
deserting a vessel aground within the sanctuary for the same reasons. 
In the definition of the term ``deserting'' in the national sanctuary 
regulations at 15 CFR 922.11, NOAA has clarified conditions that 
constitute deserting a vessel. Finally, with this proposed regulation 
NOAA also proposes prohibiting leaving harmful matter aboard a grounded 
or deserted vessel in the sanctuary; the intent would be to minimize 
additional damage to sanctuary resources. The sanctuary regulations at 
15 CFR 922.11 also define ``harmful matter.''
8. Prohibition on Attracting Any White Shark Within the Sanctuary
    White sharks function as a key species in coastal ecosystems in 
three broad areas in the world, with California and Baja California 
forming one of those population centers. Several different areas within 
the proposed sanctuary have important populations of adult and sub-
adult white sharks, and may offer linkage to other white shark 
aggregation areas in CINMS, Monterey Bay National Marine Sanctuary 
(MBNMS), and Greater Farallones National Marine Sanctuary (GFNMS). 
Including this proposed regulation would provide similar levels of 
protection to these central California white shark aggregation sites 
within CHNMS by preventing harm or behavioral disturbance to white 
sharks. The proposed regulation would apply the definition of 
``attract'' in the national sanctuary regulations at 15 CFR 922.11. The 
prohibition against attracting white sharks is intended to address 
harassment and disturbance related to human interaction from research 
activities directed at white sharks or shark diving programs known 
generally as adventure tourism, or from recreational boaters who may 
approach a white shark. NOAA has concluded these activities can degrade 
the natural environment, impacting the species as a whole, or adversely 
impacting individual sharks from repeated encounters with humans and 
boats. A similar prohibition against attracting great white sharks was 
promulgated for MBNMS in 1996 and GFNMS in 2008, and NOAA has not had 
issues at those sanctuaries with lawful fishing activities 
inadvertently attracting white sharks. NOAA would have the ability to 
issue permits for activities that involve attracting a white shark if 
the permit procedures and requirements are met, as described below.
9. Prohibition on Moving, Removing, Taking, Collecting, Catching, 
Harvesting, Disturbing, Breaking, Cutting or Otherwise Injuring a 
Sanctuary Resource Located Below 1,500 ft. Water Depth Within the 
Rodriguez Seamount Management Zone; Prohibition on Possessing any 
Sanctuary Resource, the Source of Which Is Below 1,500 ft. Water Depth 
With the Rodriguez Seamount Management Zone
    NOAA is proposing a regulatory framework for Rodriguez Seamount 
that is similar to its approach for Davidson Seamount in MBNMS. With 
the CHNMS regulations, NOAA proposes to create the Rodriguez Seamount 
Management Zone to ensure conservation of diverse and rare resources 
found on the seamount, including coral and sponges and other 
invertebrates, or living in the water column immediately above it. The 
seamount has seafloor features that suggest it may have been exposed 
above sea level millions of years ago, and its uncommon geomorphologic 
and benthic habitat features could be damaged without further 
protection. The top of the seamount is at approximately 2,000

[[Page 58135]]

ft. water depth, so under the proposed regulation there would be a 
buffer of 500 ft. above the top of the seamount to protect organisms 
that migrate above the seamount diurnally.
    This prohibition would not apply to lawful fishing activity that is 
regulated under the MSA and its implementing regulations. NOAA, through 
conservation actions under the MSA, has prohibited bottom trawling on 
and around Rodriguez Seamount since June 2006. Additional protections 
provided to the seamount by the proposed sanctuary regulations would 
protect the high biodiversity and deep-sea habitat on the seamount. 
Long life histories and slow growth of deep-sea communities mean that 
these habitats have long recovery times following injuries and adverse 
impacts; additional protections for resources 1,500 ft. below sea level 
(roughly 500 ft. above the top of the seamount) would add critical 
additional risk mitigation for these sensitive resources.
10. Prohibition on Introducing or Otherwise Releasing From Within or 
Into the Sanctuary an Introduced Species, Except Striped Bass Released 
During Catch and Release Fishing Activity
    NOAA is proposing to prohibit introducing or otherwise releasing an 
introduced species into the sanctuary. NOAA has adopted the same 
introduced species regulation at other national marine sanctuaries 
offshore of California to prevent the incidental or deliberate release 
of an introduced species into the sanctuary. Releases and subsequent 
spreading of introduced species have devastated marine ecosystems 
across the globe; most notably the alga Sargassum horneri has become a 
disruptive introduced species at nearby CINMS and has the potential to 
cause ecological and economic harm. This and other introduced species 
are potentially spread by vessels and have proliferated in the Santa 
Barbara Channel. Removing or otherwise eradicating introduced species 
once they have established local populations is extremely difficult; 
hence NOAA prefers to rely on prevention measures and deterring 
introducing such species within national marine sanctuaries. The 
proposed exemption for catch and release of striped bass recognizes the 
State of California has size limits for striped bass, an introduced but 
now established species harvested by recreational fishermen. Releasing 
a striped bass would not be a violation of this prohibition.
11. Prohibition on Interfering With, Obstructing, or Preventing an 
Investigation, Search, or Other Enforcement Activity
    NOAA proposes a regulation, similar to regulations at other local 
national marine sanctuaries, to prohibit interfering with various 
sanctuary enforcement activities. This regulation would assist in 
NOAA's enforcement of the sanctuary regulations and strengthen 
sanctuary management.

E. Exemption for Emergencies

    The proposed prohibitions for CHNMS would not apply to any activity 
necessary to respond to emergencies that threaten life, property, or 
the environment. However, this proposed exemption for emergencies would 
not apply to the prohibitions on the development of oil, gas, or 
minerals; attracting a white shark; introducing an introduced species; 
or interfering with an investigation or other enforcement activity.

F. Department of Defense Exemption

    NOAA has proposed a broad exemption to allow existing activities 
carried out or approved by the various branches of the Department of 
Defense as specifically identified in chapter 4.9 or appendix I to the 
draft EIS. NOAA has coordinated with the Department of Defense, a 
cooperating agency under NEPA, to include in appendix I to the draft 
EIS a list of the activities that occur in the area proposed for 
sanctuary designation.
    The area overlaps with the Point Mugu sea range and is adjacent to 
Vandenberg Space Force Base, which conducts both military missions from 
the base as well as hosting commercial space launches. All launches 
from the base or within the proposed sanctuary that are carried out or 
approved by DoD would be included in this exemption. With respect to 
commercial and civil launches from the base and associated activities, 
DoD has informed NOAA that:
     DoD approval is required for these activities.
     DoD conducts NEPA reviews for these activities. Other 
Federal agencies, such as the Federal Aviation Administration and/or 
the U.S. Coast Guard, may be cooperating agencies for purposes of these 
NEPA reviews.
     DoD also conducts all required natural and cultural 
resource consultations for these activities.
     Civil partners and commercial providers conducting these 
activities are required to comply with DoD best management practices.
    NOAA advises that based on public comments received, additional 
coordination with DoD, and NOAA's experience administering the national 
marine sanctuary system, pursuant to NEPA and the Administrative 
Procedure Act, the final rule and final EIS may reflect any 
modifications to the DoD exemption that are a logical outgrowth of the 
proposed rule and that do not constitute a substantial change to the 
proposed action relevant to environmental concerns.
    New DoD activities that would not otherwise be prohibited by the 
CHNMS regulations would not require an amendment to the list of 
exempted activities. For those new DoD activities that would otherwise 
be prohibited by the CHNMS regulations, NOAA has proposed a process 
whereby the ONMS Director, upon consultation with the appropriate 
counterpart at the Department of Defense, can also exempt such new 
activities carried out by the Department of Defense.
    An activity is considered to be a new activity, and not covered by 
the exemption for existing Department of Defense activities, if, as 
determined by NOAA, the activity is new or modified in any way 
(including change in location, frequency, duration, or technology used) 
from the activities described or listed in section 4.9 or appendix I, 
and the activity is likely to cause adverse effects on sanctuary 
resources or qualities that are substantially greater or different in 
kind than the effects of the activities described or listed in section 
4.9 or appendix I.
    A new activity that is not covered by the exemption for existing 
Department of Defense activities could be conducted if a sanctuary 
general permit or ONMS authorization, as applicable, were issued for 
the proposed activity.
    In addition, NOAA commits to working with the Department of Defense 
to consider exempting new activities from the CHNMS regulatory 
prohibitions through subsequent rulemaking procedures, for instance in 
subsequent management plan and regulatory review processes for CHNMS. 
Any changes to the list of exempted Department of Defense activities 
could only occur after compliance with all applicable laws, such as the 
Administrative Procedure Act and NEPA, as necessary, and after public 
notice and comment, as applicable.
    NOAA is willing to work with the Department of Defense to create a 
mechanism whereby new activities that are likely to injure sanctuary 
resources, and thereby also require section 304(d)

[[Page 58136]]

consultation, could be handled in a single, consolidated review.
    This proposed regulation also contains language common to 
regulations for other national marine sanctuaries about obligations of 
the Department of Defense in the event an incident results in 
threatened or actual destruction, loss of, or injury to a sanctuary 
resource or quality. NOAA recognizes that this broad exemption is 
necessary to ensure military readiness for the Department of Defense to 
conduct existing training, operations, and military readiness 
activities in the area proposed to be designated as a national marine 
sanctuary. The United States military has been able to maintain 
readiness and conduct training and other operations in other national 
marine sanctuaries based on similar broad exemptions.

G. Emergency Regulations

    NOAA is not proposing any sanctuary-specific regulation to allow 
for development of emergency regulations to address urgent threats to 
sanctuary resources. Rather, the emergency regulation provision 
included in the regulations of general applicability, which apply to 
all national marine sanctuaries (see 15 CFR 922.7), would also apply to 
CHNMS. Emergency regulations are used when there is an imminent risk to 
sanctuary resources and a temporary regulation or prohibition is 
necessary to prevent or minimize the destruction or loss of those 
resources, or otherwise minimize the imminent risk of such destruction, 
loss, or injury.

H. General Permits, Certifications, Authorizations, and Special Use 
Permits

1. Sanctuary General Permits
    NOAA is proposing to include authority to issue sanctuary general 
permits to allow certain activities that would otherwise violate 
prohibitions in the proposed sanctuary's regulations. NOAA's proposal 
would not allow issuance of a sanctuary general permit for oil, gas, or 
mineral exploration, development, or production; introducing an 
introduced species; or interfering with an investigation or other 
enforcement activity; or as further limited in Sec.  922.232(f) of the 
proposed regulations. National marine sanctuary program-wide 
regulations describe, at 15 CFR 922.30, different purposes for which a 
sanctuary general permit could be issued, three of which would apply to 
this proposed sanctuary: ``Research--activities that constitute 
scientific research or scientific monitoring of a national marine 
sanctuary resource or quality,'' ``Education--activities that enhance 
public awareness, understanding, or appreciation of a national marine 
sanctuary or national marine sanctuary resource or quality,'' and 
``Management--activities that assist in managing a national marine 
sanctuary.''
    NOAA is proposing to add to the list at Sec.  922.30, an additional 
purpose specific to CHNMS for which a sanctuary general permit could be 
issued: ``Native American cultural or ceremonial activities--activities 
within Chumash Heritage National Marine Sanctuary that will promote or 
enhance local Native American cultural or ceremonial activities; or 
will promote or enhance education and training related to local Native 
American cultural or ceremonial activities.'' NOAA is proposing this 
general permit category to address a need identified during scoping. 
Specifically, NOAA received a scoping comment letter stating that 
indigenous peoples should be allowed to conduct the following cultural 
activities in the proposed sanctuary, subject to all other applicable 
law: collecting culturally-significant resources including bones, 
feathers, shells, animals, and plants; burials of cremated remains in 
biodegradable receptacles; survey and other work at submerged 
indigenous living sites, like villages or caves, including collecting 
artifacts like stone bowls or pestles. ONMS may be able to allow some 
of these activities to occur within the proposed sanctuary under 
existing authorities and the current general permit categories at Sec.  
922.30 (e.g., a research or education permit may be appropriate to 
authorize survey activities at submerged indigenous living sites); 
however, ONMS is proposing this additional general permit category for 
CHNMS to ensure that activities to promote or enhance Native American 
cultural or ceremonial activities may be allowed to occur within the 
proposed sanctuary, consistent with the purpose and need of the 
proposed action. The proposed permit category would be recipient 
neutral; i.e., any person, as that term is defined in 15 CFR 922.11, 
would be able to apply for a permit under the proposed category. 
However, permits may only be issued for those activities that will 
promote or enhance local Native American cultural or ceremonial 
activities or education and training related to such activities. NOAA 
has determined that this proposed permit category would further the 
purposes and policies of the NMSA by facilitating uses of sanctuary 
resources compatible with the primary objective of resource protection, 
and by enhancing public awareness, understanding, appreciation, and 
wise and sustainable use of the historical, cultural, and 
archaeological resources of the proposed sanctuary.
    The proposed regulations would require compliance with 15 CFR part 
922, subpart D, in the national regulations for permit application 
processes, review procedures, amendments, and other permitting 
stipulations. These national permitting regulations include a list of 
factors NOAA considers in deciding whether or not to issue the permit, 
such as whether the activity must be conducted within the sanctuary, or 
whether the activity will be compatible with the primary objective of 
protection of sanctuary resources and qualities. NOAA would be able to 
impose specific terms and conditions through a permit as appropriate.
2. Certifications
    Pre-existing activities specifically authorized by a valid Federal, 
State, or local lease, permit, license, or rights of subsistence use or 
access might be occurring within the proposed CHNMS area that would 
otherwise be prohibited by sanctuary regulations. Therefore, NOAA 
proposes including Sec.  922.234 to describe the process by which it 
could certify an existing valid lease, permit, license, or right of 
subsistence use or access within the proposed sanctuary boundaries, 
consistent with 16 U.S.C. 1434(c) and 15 CFR 922.10. In compliance with 
the NMSA, the regulations at Sec.  922.234 would state that 
certification is the process by which such activities existing prior to 
the designation of the sanctuary that violate sanctuary prohibitions 
may be allowed to continue. NOAA may, however, further regulate the 
exercise of such activities by applying additional terms and conditions 
as a condition of the certification to achieve the purposes for which 
the sanctuary would be designated. Requests for certifying permitted 
existing uses would have to be received by NOAA within 90 days of the 
effective date of the designation.
3. ONMS Authorizations
    Pursuant to Sec.  922.36 in the national regulations and Sec.  
922.232(e) in the CHNMS regulations, NOAA would have the authority to 
consider allowing an activity otherwise prohibited by Sec.  922.232 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. This ``ONMS 
authorization authority''

[[Page 58137]]

would apply to most of the proposed prohibitions as outlined in Sec.  
922.232(e) and as limited in Sec.  922.232(f). However, NOAA could not 
issue an authorization to allow for exploration, development, or 
production of oil, gas, or minerals, or for interfering with an 
investigation or other enforcement action. In general, an ONMS 
authorization could not be issued to allow for an introduction of an 
introduced species; however, NOAA proposes a process by which an ONMS 
authorization for aquaculture projects raising an introduced species 
approved in concert with the State of California could be issued after 
making certain findings. NOAA has previously adopted a memorandum of 
agreement (MOA) with the State of California for considering 
aquaculture projects raising an introduced species in State waters of 
MBNMS and intends to update that MOA to address future aquaculture 
projects raising an introduced species that may be proposed within 
CHNMS.
4. Special Use Permits
    NOAA has the authority under the NMSA to issue special use permits 
(SUPs) at national marine sanctuaries, as established by section 310 of 
the NMSA (16 U.S.C. 1441) and by 15 CFR 922.31. SUPs can be used to 
authorize specific activities in a sanctuary if such authorization is 
necessary to establish conditions of access to, and use of, any 
sanctuary resource or to promote public use and understanding of a 
sanctuary resource. Section 310 of the NMSA establishes four 
requirements for SUPs: (1) activities must be compatible with the 
purposes for which the sanctuary is designated and with protection of 
sanctuary resources; (2) SUPs shall not authorize the conduct of any 
activity for a period of more than five years unless otherwise renewed; 
(3) activities carried out under the SUP must be conducted in a manner 
that does not destroy, cause the loss of, or injure sanctuary 
resources; and (4) permittees are required to purchase and maintain 
comprehensive general liability insurance, or post an equivalent bond, 
against claims arising out of activities conducted under the SUP and to 
agree to hold the United States harmless against such claims. The NMSA 
authorizes NOAA to assess and collect fees for the conduct of any 
activity under an SUP, including costs incurred, or expected to be 
incurred, in issuing the permit and the fair market value use of 
sanctuary resources; for instance, for use of the seabed to protect a 
buried cable from anchor damage. Implementing regulations at 15 CFR 
922.35 provide additional detail on assessment of fees for SUPs. Like 
with sanctuary general permits, NOAA can place conditions on SUPs 
specific to the activity being permitted.
    The activities that may qualify for a SUP are set forth in the 
Federal Register (78 FR 25957 (May 3, 2013); 82 FR 42298 (Sept.7, 
2017)). Categories of SUPs may be changed or added to through public 
notice and comment, and no SUP may be issued for any category of 
activity unless ONMS has published a notice in the Federal Register 
that such category of activity is subject to the requirements of 
section 310 of the NMSA. NOAA is not proposing any new SUP category as 
part of the designation of CHNMS. However, SUP categories that are 
potentially relevant to known activities at the proposed CHNMS include 
the continued presence of commercial subsea cables, discharge of 
cremated human remains, and discharges from fireworks displays.

I. Other Conforming Amendments

    The general regulations in 15 CFR part 922, subpart A, for general 
information and 15 CFR part 922, subpart D, for National Marine 
Sanctuary permitting would also have to be amended so that the 
regulations are accurate and up-to-date. The modified sections to 
conform to adding a new sanctuary are:

 Section 922.1 Purposes and applicability of the regulations
 Section 922.4 Boundaries
 Section 922.5 Allowed activities
 Section 922.6 Prohibited or otherwise regulated activities
 Section 922.30 National Marine Sanctuary general permits
 Section 922.36 National Marine Sanctuary authorizations
 Section 922.37 Appeals of permitting decisions

IV. Request for Comments

    NOAA requests comments on this proposed rule including the terms of 
designation and proposed regulations, the draft EIS including the range 
of alternatives, and the draft management plan for the proposed CHNMS. 
NOAA will publish the final EIS and final management plan following 
public review and comment on this proposed rule and following NOAA's 
consideration of substantive comments received. NOAA also requests 
comments on the Regulatory Flexibility Act certification and economic 
analysis (see section V.F). All substantive comments received, or 
comprehensive summary of all public comments on these documents as 
applicable, along with responses to comments, will be included in the 
final EIS.
    Sensitive personally identifiable information, such as account 
numbers and Social Security numbers, should not be included with the 
comment. Comments that are not related to the proposed Chumash Heritage 
National Marine Sanctuary or that contain profanity, vulgarity, 
threats, or other inappropriate language will not be considered.

V. Classification

A. National Marine Sanctuaries Act

    NOAA has determined that the designation of Chumash Heritage 
National Marine Sanctuary (CHNMS) will not have a negative impact on 
the National Marine Sanctuary System and that sufficient resources 
exist to effectively implement sanctuary management plans and to update 
site characterizations. The preliminary finding for NMSA section 304(f) 
is available on the proposed sanctuary's website at: https://sanctuaries.noaa.gov/chumash-heritage/. In addition, NOAA consulted 
with the Pacific Fishery Management Council (PFMC) as required in 
accordance with NMSA section 304(a)(5). Through this consultation, NOAA 
provided the PFMC with the opportunity to recommend any fishing 
regulations it deemed necessary to implement the proposed sanctuary 
designation, and participated in two public meetings with the PFMC in 
September 2022 and November 2022 as the Council deliberated on this 
issue. At its hearing on November 6, 2022, the PFMC decided not to 
recommend any fishing regulations to implement the proposed designation 
but expressed a willingness to reconsider in the future should new 
information about the need for fishing regulations arise. The PFMC 
documented this decision in a letter to ONMS West Coast Regional Office 
dated December 1, 2022. NOAA accepts the PFMC's response relative to 
the proposed designation of CHNMS.

B. National Environmental Policy Act

    As described in section I above, NOAA prepared a draft EIS to 
evaluate the impacts of this proposed action of designating a national 
marine sanctuary, which considered alternatives for the proposed 
designation of a national marine sanctuary along and offshore of the 
coast of central California. Copies of the draft EIS and related draft 
management plan are available at the address and website listed in the 
ADDRESSES section of this proposed rule. NOAA is also soliciting public 
comments on the draft EIS and draft management plan. Responses to 
comments received on this proposed

[[Page 58138]]

rule as well as on the draft EIS and draft management plan will be 
published in the final EIS and preamble to the final rule.

C. Executive Order 12866: Regulatory Impact

    The Office of Management and Budget (OMB) has determined this 
proposed rule is significant action under Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 190 (Oct 4, 1993), as 
supplemented and reaffirmed E.O. 14094, ``Modernizing Regulatory 
Review,'' 88 FR 21879 (April 11, 2023). Based upon the information 
provided in NOAA's accompanying Cost-Benefit Analysis (draft EIS 
appendix D), this proposed rule would not meet the criteria for a 
significant regulatory action as defined in section 3(f)(1) of E.O. 
12866, as supplemented and reaffirmed by E.O. 14094. This means the 
estimated annual effect is less than $200 million, and the action would 
not adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. Therefore, NOAA did not prepare the full regulatory impact 
analysis under E.O. 12866. However, NOAA requests public comment on all 
the costs and benefits discussed in the accompanying Cost-Benefit 
Analysis.

D. 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 because NOAA 
supplements and complements Federal, State, and local laws under the 
NMSA rather than supersedes or conflicts with them. NOAA has 
coordinated with State partners in the development of this proposed 
rule. NOAA has aimed for consistent regulations throughout sanctuary 
waters including those within State and Federal jurisdiction.

E. Executive Order 13175 Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13175 of November 6, 2000, Federal 
departments and agencies are charged with engaging in regular and 
meaningful consultation and collaboration with officials of federally-
recognized Tribal Nations on the development of Federal policies that 
have tribal implications. The Executive order identifies fundamental 
principles guiding agencies in formulating or implementing policies 
that have tribal implications, including working with federally-
recognized Tribal Nations on a government-to-government basis to 
address issues concerning Indian tribal self-government, tribal trust 
resources, and Indian tribal treaty and other rights, recognizing the 
right of Indian tribes to self-government, and supporting tribal 
sovereignty and self-determination. NOAA implements Executive Order 
13175 through the NOAA Administrative Order 218-8 (Policy on 
Government-to-Government Consultation with Federally Recognized Indian 
Tribes and Alaska Native Corporations), and the NOAA Tribal 
Consultation Handbook. Under these policies and procedures, NOAA offers 
affected federally-recognized Tribal Nations government-to-government 
consultation at the earliest practicable time it can reasonably 
anticipate that a proposed policy or initiative may have Tribal 
implications.
    NOAA identified the Santa Ynez Band of Chumash Indians (SYBCI) as 
the only federally-recognized Tribe in the area of the proposed 
sanctuary. To date, five formal consultation meetings have been 
conducted, on January 27, 2022, April 14, 2022, August 12, 2022, 
September 1, 2022, and December 19, 2022, as well as one informational 
meeting with NOAA leadership on April 28, 2022. In the course of this 
consultation, NOAA has shared relevant portions of the draft EIS and 
the draft management plan with the SYBCI and incorporated comments 
received and information exchanged in consultation to revise and update 
the draft EIS. NOAA's government-to-government consultation with the 
SYBCI for the purpose of designating the new national marine sanctuary 
is still ongoing.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) requires 
Federal agencies to prepare an analysis of a rule's impact on small 
entities whenever the agency is required to publish a notice of 
proposed rulemaking, unless the agency certifies, pursuant to 5 U.S.C. 
605, that the action will not have significant economic impact on a 
substantial number of small entities. The RFA requires agencies to 
consider, but not necessarily minimize, the effects of proposed rules 
on small entities. The goal of the RFA is to inform the agency and 
public of expected economic effects of the proposed rule and to ensure 
the agency considers alternatives that minimize the expected economic 
effects on small entities while meeting applicable goals and 
objectives.
    Pursuant to section 605(b) of the RFA, the Chief Counsel for 
Regulation of the Department of Commerce certified to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA) that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities. The purpose, context, and 
statutory basis for this action is described above and not repeated 
here. The analysis below discusses the potential effects of the 
proposed designation of a Chumash Heritage National Marine Sanctuary 
and serves as the factual basis for the certification. In summary, with 
this proposed rulemaking, small businesses (commercial fishing, for-
hire charter operations) are not expected to experience significant 
impacts. The extent of costs imposed on businesses would be for those 
seeking a general sanctuary permit of $172.
I. Description of Small Entities to Which the Initial Boundary 
Alternative Would Apply
    NOAA has identified commercial and for-hire fishing vessels and the 
non-consumptive recreational industry, which includes for-hire 
operations such as wildlife viewing, as small entities impacted by the 
Initial Boundary Alternative. Each relevant small business category is 
based on the most recent size standards published by the U.S. Small 
Business Administration (SBA) (2022). Size standards are based upon the 
average annual receipts (all revenue) or the average employment of a 
firm. The commercial size standard is $25.0 million for finfish fishing 
(North American Industry Classification System [NAICS] code--114111), 
$14.0 million for shellfish fishing (NAICS code--114112), and $11.5 
million for other marine fishing (NAICS code--114119). Water-based 
scenic and sightseeing transportation operations (NAICS code--487210), 
such as for-hire recreational fishing operations and dive/snorkeling 
for-hire operations, have size standards of $14.0 million. All 
businesses within the industries analyzed here are small businesses, 
which include commercial and recreational fishing and non-consumptive 
recreational businesses. There are other businesses that operate within 
the study area; however, they are not considered small businesses 
(e.g., cruise ships). These large entities are discussed in the Cost-
Benefit Analysis (draft EIS appendix D).
    All commercial fishing and for-hire fishing vessel count data 
presented in this section are derived from California Department of 
Fish and Wildlife (CDFW) data. NOAA calculated the potential number of 
vessels that may be

[[Page 58139]]

impacted by the proposed rule--as implemented in the Agency-Preferred 
Alternative (Alternative 2 and Gaviota Coast Extension (Sub-alternative 
5b)) in the draft EIS--based on the number of vessels reporting 
activity, from 2016-2020, within the CDFW statistical areas that best 
align with the proposed sanctuary boundary. Statistical areas were 
included in the analysis if their center is located within the proposed 
boundary. In total, 53 statistical areas were included in the area 
analyzed--meaning if a fishing vessel landed at least one pound of 
commercial fish species within one of the 53 statistical areas within 
the study period, that vessel was considered in this analysis. Further 
information, including maps of the statistical areas included may be 
found in Eynon, 2023. Estimates of the number of vessels that operate 
within the proposed sanctuary boundaries are provided below. Data for 
non-consumptive industries are not publicly available, so information 
was collected from personal communication with NOAA staff.
i. Commercial Fishing
    All commercial fishing vessels were determined to be small 
businesses based on the SBA size standards. On average (2016-2020), 
250.6 vessels landed at least one pound of marine life within the area 
analyzed each year and 3,057.6 commercial fishing vessels operated 
within the State (CDFW, 2020a, 2021, 2020b, 2019, 2018, 2017).
ii. For-Hire Recreational Fishing
    For-hire recreational fishing includes both charter boats and 
headboats. Charter boats are fishing vessels that are typically hired 
to take up to six anglers on a fishing trip. In general, charter boats 
charge on a per-trip basis. Headboats usually operate on a schedule and 
may provide several trips in a single day, taking multiple fishing 
parties per trip and charging on a per-person basis. Headboats are 
usually larger and able to accommodate more anglers than a charter 
boat. All recreational fishing operations were determined to be small 
businesses. From 2016-2020, there was an annual average of 18.8 for-
hire recreational fishing vessels operating within the proposed 
sanctuary boundaries annually and 532 vessels on average each year 
operating within the State (CDFW, 2020c, 2021, 2020b, 2019, 2018, 
2017).
iii. Non-Consumptive Recreation Industry
    Businesses considered to operate in the non-consumptive recreation 
industry include dive and snorkel operations, rental equipment 
operations, wildlife viewing operations, and other businesses that 
either utilize or whose customers utilize, but do not take, sanctuary 
resources.
    There are several harbors within the study area that support non-
consumptive recreation businesses. Santa Barbara, Morro Bay, and Avila 
Beach all have been identified to have operations that use the harbors. 
Across these three harbors, NOAA identified nine operations that are 
likely to use the proposed sanctuary waters to support their operations 
for whale watching and other wildlife viewing (NOAA personal 
communication). All of these businesses were determined to be small 
businesses. No operations visiting the proposed sanctuary for white 
shark tours were identified.
II. Analysis of Small Entities
    The proposed regulatory action would establish new reporting and 
recordkeeping requirements for small entities that apply for sanctuary 
general permits, certifications, or authorizations (see 15 CFR part 922 
and the description in part III, section H above). As a result of this 
proposed action, only a minimal increase in the number of permits 
(approximately 5-15 permits per year) is expected, and these 
requirements would have a minimal impact on small entities because few 
operators in the area would need to apply for a permit in order to 
continue their activities. Minimal reporting and recordkeeping 
requirements are expected because lawful commercial and recreational 
fishing and recreational activities would be allowed to continue in the 
proposed sanctuary without a permit (with certain exceptions discussed 
below). An operator would be required to obtain a permit only if they 
wish to conduct activities that would be prohibited in the proposed 
sanctuary; for example, if a research operation or commercial activity 
was likely to result in damage to the seabed, a permit would be 
required unless an exception or exemption applies.
    As discussed below, in section G., the public reporting burden for 
ONMS general permits is estimated to average three responses with an 
average of 1.5 hours per response, to include application submission, a 
cruise or flight log (or some other form of activity report), and a 
final summary report after the activity is complete. The only expected 
costs are related to permitting. The total cost estimate for reporting 
a permit is $171.68 based on an hourly rate of $38.15 (see Paperwork 
Reduction Act OMB control number (0648-0141 \2\)). All small and large 
entities would be subject to the same permitting and reporting 
requirements, and no unique professional skills are necessary to meet 
these reporting requirements. Therefore, the reporting and 
recordkeeping requirements resulting from this proposed rule would not 
have a significant impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \2\ Many of the permit applicants are from academic 
institutions; thus, ONMS' information collection renewal uses the 
Bureau of Labor Statistics (BLS) Occupational Employment and Wages 
(May 2020) for ``Life, Physical, and Social Science Occupations.'' 
For this group, BLS estimated a mean hourly wage of $38.15 (https://www.bls.gov/oes/current/oes190000.htm).
---------------------------------------------------------------------------

    The proposed rule does not propose to regulate commercial fishing 
or recreational fishing. The proposed rule is not likely to impact 
commercial fishermen's operations or profits within the statistical 
areas corresponding to the proposed sanctuary designation. Although 
vessels would not be permitted to discharge within the proposed 
sanctuary boundary, they are still permitted to discharge outside of 
sanctuary boundaries. As discussed in the supporting draft EIS (section 
4.2.3), this regulation is unlikely to have an adverse impact on 
vessels, provided they plan accordingly to discharge outside of the 
sanctuary or use appropriate facilities near shore. Additionally, 
vessels are unlikely to be impacted by the seabed disturbance 
prohibition. If a vessel did need to engage in seabed disturbance, the 
small business could seek a permit from NOAA.
    It is also likely that increased name recognition, marketing, and 
outreach of the proposed sanctuary would result in increased demand for 
the services offered by small businesses that utilize sanctuary 
resources. This is described in more detail in the economic review of 
the potential impacts; see appendix D of the draft EIS.
    As described above, NOAA does not expect a significant reduction in 
profits, as the only expected costs are for permitting ($172 per 
permit). No duplicative, overlapping, or conflicting Federal rules have 
been identified for this proposed rule. Therefore, NOAA has concluded 
that the proposed rule would not have a significant impact on a 
substantial number of small entities operating in the area of the 
proposed sanctuary due to the minimal permitting costs. Therefore, an 
Initial Regulatory Flexibility Analysis is not required.

G. Paperwork Reduction Act

    Notwithstanding any other provisions of the law, no person is 
required to

[[Page 58140]]

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 (PRA), 44 U.S.C. 3501 et seq., unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) control number.
    NOAA has an 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 create a national 
marine sanctuary along the coast of central California would likely 
result in a minimal increase in the number of requests for ONMS general 
permits, special use permits, certifications, and authorizations 
because this action proposes to add those approval types for this 
proposed sanctuary. A large increase in the number of permit requests 
would require a change to the reporting burden certified for OMB 
control number 0648-0141. While not expected, if such permit requests 
do increase, a revision to this control number for the processing of 
permits would be requested.
    In the most recent Information Collection Request revision and 
approval for national marine sanctuary permits (dated November 30, 
2021), NOAA reported approximately 424 national marine sanctuary 
permitting actions each year, including applications for all types of 
ONMS permits, requests for permit amendments, and the conduct of 
administrative appeals. Of this amount, CHNMS is expected to add 5 to 
15 permit requests per year. The public reporting burden for national 
marine sanctuaries general permits is estimated to average three 
responses with an average of 1.5 hours per response, to include 
application submission, a cruise or flight log (or some other form of 
activity report), and a final summary report after the activity is 
complete. Therefore, the total annual burden hours would be expected to 
increase by approximately 22.5 to 67.5 hours.
    Please send any 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 above). Comments can also be submitted to www.reginfo.gov/public/do/PRAMain. Before an agency submits a collection of information 
to OMB for approval, the agency shall provide 60-day notice in the 
Federal Register, and otherwise consult with members of the public and 
affected agencies concerning each proposed collection of information, 
to solicit comments to:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.

H. National Historic Preservation Act

    Section 106 of the National Historic Preservation Act (NHPA, 54 
U.S.C. 306108) requires Federal agencies to take into account the 
effects of their undertakings on historic properties and afford the 
Advisory Council on Historic Preservation (ACHP) a reasonable 
opportunity to comment with regard to the undertaking. ``Historic 
property'' means any prehistoric or historic district, site, building, 
structure, or object included in or eligible for inclusion in the 
National Register of Historic Places maintained by the Secretary of the 
Interior. This term includes artifacts, records, and material remains 
that are related to and located within such properties, including 
properties of traditional religious and cultural importance to an 
Indigenous nation or tribe or Native Hawaiian organization. 36 CFR 
800.16(l).
    The regulations implementing section 106 of the NHPA (36 CFR part 
800) establish a process requiring Federal agencies to: (i) determine 
whether the undertaking is a type of activity that could affect 
historic properties, (ii) identify historic properties in the area of 
potential effects, (iii) assess potential adverse effects, and (iv) 
resolve adverse effects. The regulations require that Federal agencies 
consult with States, tribes, and other interested parties when making 
their effect determinations.
    NOAA has determined that the designation of a national marine 
sanctuary and related rulemaking for sanctuary-specific regulations 
meet the definition of an undertaking as defined at Sec.  800.16(y).
    In fulfilling its responsibilities under section 106 of the NHPA, 
NOAA is seeking to identify potential consulting parties in addition to 
the State Historic Preservation Officer (SHPO), and will complete the 
identification of historic properties in the area of potential effects 
and the assessment of the effects of the undertaking on such properties 
in consultations with those identified parties. By this notice of 
proposed rulemaking, NOAA seeks public input, particularly in regard to 
the identification of historic properties within the proposed area of 
potential effect. Pursuant to 36 CFR 800.16(l)(1),\3\ the term 
``historic property'' means ``any prehistoric or historic district, 
site, building, structure or object included in, or eligible for 
inclusion in, the National Register of Historic Places maintained by 
the Secretary of the Interior.'' The term includes ``artifacts, 
records, and remains that are related to and located within such 
properties'' as well as ``properties of traditional religious and 
cultural importance to an Indian tribe . . . that meet the National 
Register criteria.'' If you, your organization(s), or business(es) 
would like to be considered a ``consulting party'' under section 106 
please contact the individual listed under the heading FOR FURTHER 
INFORMATION CONTACT; include contact information for the principal 
representative for the consultation; and describe you or your party's 
interest in the proposed designation. In accordance with 36 CFR 
800.3(f)(3), NOAA will consider all ``consulting party'' requests but 
has ultimate discretion in determining and inviting additional 
consulting parties.
---------------------------------------------------------------------------

    \3\ https://www.ecfr.gov/current/title-36/chapter-VIII/part-800/subpart-C/section-800.16.
---------------------------------------------------------------------------

I. Sunken Military Craft Act

    The Sunken Military Craft Act of 2004 (SMCA; Pub. L. 108-375, Title 
XIV, sections 1401 to 1408; 10 U.S.C. 113 note) preserves and protects 
from unauthorized disturbance all sunken military craft that are owned 
by the United States Government, as well as foreign sunken military 
craft that lie within United States waters, as defined in the SMCA. 
Thousands of U.S. sunken military craft lie in waters around the world, 
many accessible to looters, treasure hunters, and others who may cause 
damage to them. These craft, and their associated contents, represent a 
collection of non-renewable and significant historical resources that 
often serve as war graves, carry unexploded ordnance, and contain oil 
and other hazardous materials. By protecting sunken military craft, the

[[Page 58141]]

SMCA helps reduce the potential for irreversible harm to these 
nationally important historical and cultural resources.
    There are seven known U.S. Navy destroyers that ran aground and 
sunk near Point Honda in 1923 within the proposed CHNMS. The proposed 
CHNMS may also include sunken military craft that have yet to be 
discovered. Sunken military craft fall under the jurisdiction of a 
number of Federal agencies such as the U.S. Navy and the U.S. Coast 
Guard. The USCGC McCulloch is an example of a known sunken military 
craft in the proposed National Marine Sanctuary that is under the 
jurisdiction of the U.S. Coast Guard, per the SMCA. NOAA would 
coordinate with the U.S. Navy, the U.S. Coast Guard and any other 
applicable Federal agency, or State agency if found within State 
waters, regarding activities directed at sunken military craft 
discovered within the sanctuary.

J. Coastal Zone Management Act (CZMA)

    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 agency activities that affect any land or 
water use or natural resource of the coastal zone. Because the proposed 
sanctuary lies partially within State waters, NOAA intends to submit a 
copy of this proposed rule and supporting documents, including the 
draft EIS, to the California Coastal Commission for evaluation of 
Federal consistency under the CZMA. NOAA will publish the final rule 
and designation only after completion of the Federal consistency 
process under the CZMA.

K. Executive Order 12898: Environmental Justice

    Executive Order 12898 directs Federal agencies to identify and 
address disproportionately high and adverse effects of their actions on 
human health and the environment of minority or low-income populations. 
The designation of national marine sanctuaries by NOAA helps to ensure 
the enhancement of environmental quality for all populations in the 
United States. The proposed sanctuary designation would not result in 
disproportionate negative impacts on any minority or low-income 
population. In addition, many of the potential impacts from designating 
the proposed sanctuary would result in long-term or permanent 
beneficial impacts by protecting sanctuary resources, which may have a 
positive impact on communities by providing employment and educational 
opportunities, and potentially result in improved ecosystem services.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Cultural 
resources, Historic preservation, Marine protected areas, Marine 
resources, National marine sanctuaries, Recreation and recreation 
areas, Reporting and recordkeeping requirements, Shipwrecks.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management, 
National Ocean Service, National Oceanic and Atmospheric 
Administration.

    For the reasons set forth above, NOAA proposes to amend part 922, 
title 15 of the Code of Federal Regulations 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.  922.1 by revising paragraph (a)(2) to read as follows:


Sec.  922.1  Purposes and applicability of the regulations.

    (a) * * *
    (2) To implement the designations of the national marine 
sanctuaries, for which specific regulations appear in subpart F through 
subsequent subparts of this part, by regulating activities affecting 
them, consistent with their respective terms of designation, in order 
to protect, restore, preserve, manage, and thereby ensure the health, 
integrity, and continued availability of the conservation, 
recreational, ecological, historical, scientific, educational, 
cultural, archaeological, and aesthetic resources and qualities of 
these areas.
* * * * *
0
3. Revise Sec.  922.4 to read as follows:


Sec.  922.4  Boundaries.

    Subpart F and subsequent subparts of this part set forth the 
boundaries for all national marine sanctuaries.
0
4. Revise Sec.  922.6 to read as follows:


Sec.  922.6  Prohibited or otherwise regulated activities.

    Subpart F and subsequent subparts of this part set forth site-
specific regulations applicable to the activities specified therein.
0
5. Amend Sec.  922.30 by:
0
a. Revising paragraph (a)(2);
0
b. Removing the word ``and'' at the end of paragraph (b)(5);
0
c. Removing the period at the end of paragraph (b)(6) and adding ``; 
and'' in its place; and
0
d. Adding paragraph (b)(7).
    The addition reads as follows:


Sec.  922.30  National Marine Sanctuary general permits.

    (a) * * *
    (2) The permit procedures and criteria for all national marine 
sanctuaries in which the proposed activity is to take place in 
accordance with relevant site-specific regulations appearing in subpart 
F and subsequent subparts of this part.
    (b) * * *
    (7) Native American cultural or ceremonial activities--activities 
within Chumash Heritage National Marine Sanctuary that will promote or 
enhance local Native American cultural or ceremonial activities; or 
will promote or enhance education and training related to local Native 
American cultural or ceremonial activities.
0
6. Amend Sec.  922.36 by revising paragraphs (a) and (b)(1)(ii) to read 
as follows:


Sec.  922.36  National Marine Sanctuary authorizations.

    (a) Authority to issue authorizations. The Director may authorize a 
person to conduct an activity otherwise prohibited by subparts L 
through P, or subparts R through V, of this part, if such activity is 
specifically allowed by any valid Federal, State, or local lease, 
permit, license, approval, or other authorization (hereafter called 
``agency approval'') issued after the effective date of sanctuary 
designation or expansion, provided the applicant complies with the 
provisions of this section. Such an authorization by the Office of 
National Marine Sanctuaries (ONMS) is hereafter referred to as an 
``ONMS authorization.''
    (b) * * *
    (1) * * *
    (ii) Notification must be sent to the Director, Office of National 
Marine Sanctuaries, to the attention of the relevant Sanctuary 
Superintendent(s) at the address specified in subparts L through P, or 
subpart R through V, of this part as appropriate.
* * * * *
0
7. Amend Sec.  922.37 by revising paragraph (a)(2) to read as follows:


Sec.  922.37  Appeals of permitting decisions.

    (a) * * *
    (2) An applicant or a holder of a National Marine Sanctuary permit 
issued pursuant to Sec.  922.30 or pursuant to site-specific 
regulations appearing in subparts F through V of this part;
* * * * *

[[Page 58142]]

0
8. Add subpart V to read as follows:

Subpart V--Chumash Heritage National Marine Sanctuary

Sec.
922.230 Boundary.
922.231 Definitions.
922.232 Prohibited or otherwise regulated activities.
922.233 Permit procedures.
922.234 Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or other rights to conduct a 
prohibited activity.

Appendix A to Subpart V of Part 922--Chumash Heritage National 
Marine Sanctuary Boundary Description and Coordinates
Appendix B to Subpart V of Part 922--Coordinates for Rodriguez 
Seamount Management Zone


Sec.  922.230  Boundary.

    Chumash Heritage National Marine Sanctuary (CHNMS) consists of an 
area of approximately 5,617 square miles (mi\2\) (4,242 square nautical 
miles (nmi\2\)) of coastal and ocean waters along the central coast of 
California and the submerged lands thereunder. The northern boundary 
would commence at Hazard Canyon Reef within Monta[ntilde]a de Oro State 
Park at the mean high water line (MHWL) and extend for 134 miles south 
along the MHWL through the remainder of the San Luis Obispo County 
coast, excluding the private marina at Diablo Canyon Power Plant and 
Port San Luis (at the port's boundary for International Regulations for 
Preventing Collisions at Sea (COLREGS) demarcation line (33 CFR 
80.1130)), and then further south and east to include the coast of 
western Santa Barbara County to approximately two miles east of Dos 
Pueblos Canyon along the Gaviota Coast near the township of Naples. The 
boundary then shifts due south offshore to the State waters line, then 
to the west along the State waters line to approximately 3 nmi offshore 
of Gaviota Creek, then in a southwest direction along the western end 
of Channel Islands National Marine Sanctuary, southward to include 
Rodriguez Seamount and shifting to the northwest in an arc reaching 
approximately 47 miles due west of Purisima Point and another arc 
reaching a distance approximately 54 miles due west of Morro Rock, then 
approximately 2.5 miles to the north, then approximately 15 miles due 
east, and finally to the southeast approximately 39 miles to the point 
of origin at MHWL at Hazard Canyon Reef.


Sec.  922.231  Definitions.

    In addition to the definitions found in Sec.  922.11, the following 
terms are defined for purposes of this subpart:
    Beneficial use of dredged material means the use of dredged 
material removed from the public harbor adjacent to the Sanctuary (Port 
San Luis) that is determined by the Director to be suitable as a 
resource for habitat protection or restoration purposes. Beneficial use 
of dredged material is not disposal of dredged material.
    Rodriguez Seamount Management Zone means the area bounded by 
geodetic lines connecting a heptagon generally centered on the top of 
the Rodriguez Seamount, and consists of approximately 570 mi\2\ (430 
nmi\2\) of ocean waters and the submerged lands thereunder. The 
northeast corner of this zone is located approximately 27 miles 
southwest of Point Conception off the coast of Santa Barbara County. 
Exact coordinates for the Rodriguez Seamount Management Zone boundary 
are provided in appendix B to this subpart.


Sec.  922.232  Prohibited or otherwise regulated activities.

    (a) Except as specified in paragraphs (b) through (e) and paragraph 
(g) of this section, the following activities are prohibited and thus 
are unlawful for any person to conduct or to cause to be conducted:
    (1) Exploring for, developing, or producing oil, gas, or minerals 
within the Sanctuary, except for continued oil and gas production, 
which includes well abandonment, of existing reservoirs under 
production prior to the effective date of Sanctuary designation 
([EFFECTIVE DATE OF FINAL RULE]) from Platform Irene and Platform 
Heritage.
    (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 
activities 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 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;
    (E) Vessel engine or generator exhaust;
    (F) Beyond 3 nautical miles from shore, sewage and non-clean 
graywater as defined by section 312 of the FWPCA generated incidental 
to vessel use by a U.S. Coast Guard vessel without sufficient holding 
tank capacity and without a Type I or II marine sanitation device; and 
beyond 12 nautical miles from shore, ammunition, pyrotechnics, or other 
materials directly related to training for search and rescue and live 
ammunition activities conducted by U.S. Coast Guard vessels and 
aircraft;
    (G) Dredged material deposited at disposal sites within the 
Sanctuary authorized by the U.S. Environmental Protection Agency (EPA), 
in consultation with the U.S. Army Corps of Engineers, prior to the 
effective date of Sanctuary designation ([EFFECTIVE DATE OF FINAL 
RULE]); or
    (H) Discharges incidental and necessary to oil and gas production 
within or into existing reservoirs under production prior to the 
effective date of Sanctuary designation ([EFFECTIVE DATE OF FINAL 
RULE]) from Platform Irene or Platform Heritage, including well 
abandonment.
    (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 material 
or other matter listed in paragraphs (a)(2)(i)(A) through (F) and 
(a)(2)(ii) of this section.
    (3) Drilling into, dredging, or otherwise altering the submerged 
lands of the Sanctuary; or constructing, placing, or abandoning any 
structure, material, or other matter on or in the submerged lands of 
the Sanctuary, except as incidental and necessary to:

[[Page 58143]]

    (i) Conduct lawful fishing activities or lawful kelp harvesting;
    (ii) Anchor a vessel;
    (iii) Install or maintain an authorized navigational aid;
    (iv) Repair, replace, or rehabilitate an existing dock, pier, 
breakwater, or jetty;
    (v) Conduct maintenance dredging of entrance channels for harbors 
in existence prior to the effective date of Sanctuary designation 
([EFFECTIVE DATE OF FINAL RULE]); or,
    (vi) Drill, maintain, or abandon a well necessary for purposes 
related to oil and gas production within or into existing reservoirs 
under production prior to the effective date of Sanctuary designation 
([EFFECTIVE DATE OF FINAL RULE]) from Platform Irene or Platform 
Heritage.
    (vii) The exceptions listed in paragraphs (a)(3)(ii) through (vi) 
of this section do not apply in the Rodriguez Seamount Management Zone, 
the boundary of which is defined in appendix B to this subpart.
    (4) Moving, removing, or injuring, or attempting to move, remove, 
or injure, a Sanctuary historical resource; or possessing or attempting 
to possess a Sanctuary historical resource, except as necessary for 
valid law enforcement purposes. This prohibition does not apply to, 
moving, removing, or injury resulting incidentally from lawful kelp 
harvesting or lawful fishing activities.
    (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., Migratory Bird Treaty Act, as 
amended (MBTA), 16 U.S.C. 703 et seq., or any regulation 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, except 
as authorized by the MMPA, ESA, MBTA, by any regulation promulgated 
under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement 
purposes.
    (7) Deserting a vessel aground, at anchor, or adrift in the 
Sanctuary or leaving harmful matter aboard a grounded or deserted 
vessel in the Sanctuary.
    (8) Attracting any white shark within the Sanctuary.
    (9)(i) Moving, removing, taking, collecting, catching, harvesting, 
disturbing, breaking, cutting, or otherwise injuring, or attempting to 
move, remove, take, collect, catch, harvest, disturb, break, cut, or 
otherwise injure, any Sanctuary resource located more than 1,500 ft. 
below the sea surface within the Rodriguez Seamount Management Zone, as 
defined in appendix B to this subpart. This prohibition does not apply 
to lawful fishing, which is regulated pursuant to 50 CFR part 660.
    (ii) Possessing any Sanctuary resource, the source of which is more 
than 1,500 ft. below the sea surface within the Rodriguez Seamount 
Management Zone, except as necessary for valid law enforcement 
purposes. This prohibition does not apply to possession of fish 
resulting from lawful fishing, which is regulated pursuant to 50 CFR 
part 660.
    (10) 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.
    (11) 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 paragraphs (a)(2) through (7) and (9) of 
this section do not apply to an activity necessary to respond to an 
emergency threatening life, property, or the environment.
    (c)(1) The prohibitions in paragraphs (a)(2) through (7) and (9) 
and (10) of this section do not apply to existing activities carried 
out or approved by the Department of Defense that were conducted prior 
to the effective date of this designation ([EFFECTIVE DATE OF FINAL 
RULE]), as specifically identified in section 4.9 or appendix I to the 
final environmental impact statement for Chumash Heritage National 
Marine Sanctuary (for availability, see https://sanctuaries.noaa.gov/chumash-heritage/). New activities may be exempted from the 
prohibitions in paragraphs (a)(2) through (7) and (9) and (10) of this 
section by the Director after consultation between the Director and the 
Department of Defense. All Department of Defense activities must be 
carried out in a manner that avoids to the maximum extent practicable 
any adverse impacts on Sanctuary resources and qualities.
    (2) In the event of threatened or actual destruction of, loss of, 
or injury to a Sanctuary resource or quality resulting from an untoward 
incident, including but not limited to spills and groundings caused by 
the Department of Defense, the Department of Defense shall promptly 
coordinate with the Director for the purpose of taking appropriate 
actions to respond to and mitigate the harm and, if practicable, 
restore or replace the Sanctuary resource or quality.
    (d) The prohibitions in paragraphs (a)(2) through (9) of this 
section do not apply to any activity conducted under and in accordance 
with the scope, purpose, terms, and conditions of a National Marine 
Sanctuary general permit issued pursuant to subpart D of this part and 
Sec.  922.233, or a special use permit issued pursuant to subpart D of 
this part.
    (e) The prohibitions in paragraphs (a)(2) through (9) of this 
section, and paragraph (a)(10) of this section regarding any introduced 
species of shellfish that NOAA and the State of California have 
determined is non-invasive and will not cause significant adverse 
effects to Sanctuary resources or qualities, and that is cultivated in 
State waters as part of commercial shellfish aquaculture activities, do 
not apply to any activity authorized by any lease, permit, license, 
approval, or other authorization issued after the effective date of 
Sanctuary designation ([EFFECTIVE DATE OF FINAL RULE]) and issued by 
any Federal, State, or local authority of competent jurisdiction, 
provided that the applicant complies with Sec.  922.36, the Director 
notifies the applicant and authorizing agency that the Director does 
not object to issuance of the authorization, and the applicant complies 
with any terms and conditions the Director deems necessary to protect 
Sanctuary resources and qualities. Amendments, renewals, and extensions 
of authorizations in existence on the effective date of designation 
constitute authorizations issued after the effective date of Sanctuary 
designation.
    (f)(1) Notwithstanding paragraphs (d) and (e) of this section, in 
no event may the Director issue a National Marine Sanctuary general 
permit under subpart D of this part and Sec.  922.233, or an ONMS 
authorization or special use permit under subpart D of this part 
authorizing, or otherwise approve:
    (i) The exploration for, development, or production of oil, gas, or 
minerals within the Sanctuary;
    (ii) The discharge of untreated or primary-treated sewage within 
the Sanctuary (except by certification, pursuant to Sec. Sec.  922.10 
and 922.234, of valid authorizations in existence prior to the 
effective date of designation ([EFFECTIVE DATE OF FINAL RULE]) and 
issued by other authorities of competent jurisdiction); or
    (iii) The disposal of dredged material within the Sanctuary other 
than at sites authorized by the U.S. Environmental Protection Agency 
prior to the effective date of designation ([EFFECTIVE DATE

[[Page 58144]]

OF FINAL RULE]). For the purposes of this subpart, the disposal of 
dredged material does not include the beneficial use of dredged 
material, as defined at Sec.  922.231, related to dredging activity at 
Port San Luis.
    (2) Any purported authorizations issued by other authorities within 
the Sanctuary shall be invalid.
    (g) A person may conduct an activity prohibited by paragraphs 
(a)(2) through (10) of this section within the Sanctuary if such 
activity is specifically authorized by a valid Federal, State, or local 
lease, permit, license, or right of subsistence use or of access that 
is in existence on the effective date of Sanctuary designation 
([EFFECTIVE DATE OF FINAL RULE]) and within the sanctuary designated 
area and complies with Sec.  922.10, provided that the holder of the 
lease, permit, license, or right of subsistence use or of access 
complies with the certification procedures for CHNMS as outlined in 
Sec.  922.234.


Sec.  922.233  Permit procedures.

    (a) A person may conduct an activity prohibited by Sec.  
922.232(a)(2) through (9), if such activity is specifically authorized 
by, and conducted in accordance with the scope, purpose, terms, and 
conditions of, a sanctuary general permit issued under this section and 
subpart D of this part.
    (b) Applications for permits should be addressed to the West Coast 
Regional Office, Office of National Marine Sanctuaries; ATTN: 
Superintendent, Chumash Heritage National Marine Sanctuary, 99 Pacific 
Street, Suite 100F, Monterey, CA 93940.


Sec.  922.234  Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or other rights to conduct a 
prohibited activity.

    (a) To obtain a certification of an activity that is specifically 
authorized by a valid Federal, State, or local lease, permit, license, 
or right of subsistence use or access in existence on the effective 
date of Sanctuary designation ([EFFECTIVE DATE OF FINAL RULE]) and 
within the sanctuary designated area, pursuant to Sec. Sec.  922.10 and 
922.232(g), the holder of such authorization, permit, or right shall:
    (1) Notify the Director, in writing, within 90 days of the 
effective date of Sanctuary designation ([EFFECTIVE DATE OF FINAL 
RULE]) of the existence and location of such authorization or right and 
requests certification of such authorization or right; and
    (2) Comply with any terms and conditions on the exercise of such 
authorization or right imposed as a condition of certification, by the 
Director, to achieve the purposes for which the Sanctuary was 
designated.
    (b) The holder shall address any requests for certifications to: 
West Coast Regional Office, Office of National Marine Sanctuaries; 
ATTN: Superintendent, Chumash Heritage National Marine Sanctuary, 99 
Pacific Street, Suite 100F, Monterey, CA 93940, or send by electronic 
means as defined in the instructions for the ONMS permit application. A 
copy of the lease, permit, license, or right of subsistence use or of 
access must accompany the request.
    (c) A holder requesting certification of an authorization or right 
described in Sec.  922.232(g) may continue to conduct the activity 
without being in violation of Sanctuary prohibitions pending the 
Director's review of and decision regarding the holder's certification 
request, provided the holder is otherwise in compliance with this 
section.
    (d) The Director may request additional information from the 
certification requester as the Director deems reasonably necessary to 
condition appropriately the exercise of the certified authorization or 
right to achieve the purposes for which the Sanctuary was designated. 
The Director must receive the information requested within 45 days of 
the date of the Director's request for information. Failure to provide 
the requested information within this time frame may be grounds for 
denial by the Director of the certification request.
    (e) In considering whether to issue a certification, 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 by the Director.
    (f) Upon completion of review of the authorization or right and 
information received with respect thereto, the Director shall 
communicate, in writing, any decision on a certification request or any 
action taken with respect to any certification made under this section, 
in writing, to both the holder of the certified lease, permit, license, 
approval, other authorization, or right, and the issuing agency, and 
shall set forth the reason(s) for the decision or action taken.
    (g) The Director may amend, suspend, or revoke any certification 
issued under this section whenever continued operation would otherwise 
be inconsistent with any terms or conditions of the certification. Any 
such action shall be forwarded in writing to both the certification 
holder and the agency that issued the underlying lease, permit, 
license, or right of subsistence use or of access, and shall set forth 
reason(s) for the action taken.
    (h) The Director may amend any certification issued under this 
section whenever additional information becomes available that the 
Director determines justifies such an amendment.
    (i) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.37.
    (j) Any time limit prescribed in or established under this section 
may be extended by the Director for good cause.
    (k) It is unlawful for any person to violate any terms and 
conditions in a certification issued under this section.

Appendix A to Subpart V of Part 922--Chumash Heritage National Marine 
Sanctuary Boundary Description and Coordinates

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

------------------------------------------------------------------------
                Point ID                      Longitude        Latitude
------------------------------------------------------------------------
1.......................................         -121.81352     35.39844
2.......................................         -121.56586     35.39742
3 *.....................................         -120.88251     35.28952
4 *.....................................         -120.85694     35.20600
5 *.....................................         -120.85605     35.20671
6 *.....................................         -120.74984     35.15602
7 *.....................................         -120.72509     35.17425
8 *.....................................         -119.93333     34.43590
9.......................................         -119.93333     34.37859
10......................................         -119.93822     34.38126
11......................................         -119.94270     34.38391
12......................................         -119.94657     34.38362
13......................................         -119.95046     34.38354
14......................................         -119.95292     34.38358
15......................................         -119.95496     34.38367
16......................................         -119.95698     34.38381
17......................................         -119.95900     34.38401
18......................................         -119.96257     34.38451
19......................................         -119.96946     34.38575
20......................................         -119.97406     34.38677
21......................................         -119.97601     34.38729
22......................................         -119.97815     34.38794
23......................................         -119.98047     34.38872
24......................................         -119.98274     34.38959
25......................................         -119.98497     34.39053
26......................................         -119.98715     34.39154
27......................................         -119.98928     34.39263
28......................................         -119.99136     34.39379
29......................................         -119.99319     34.39491
30......................................         -119.99514     34.39621
31......................................         -119.99731     34.39713
32......................................         -119.99962     34.39823
33......................................         -120.00168     34.39930
34......................................         -120.00386     34.40054
35......................................         -120.00625     34.40107
36......................................         -120.00882     34.40173
37......................................         -120.01178     34.40261
38......................................         -120.01409     34.40339
39......................................         -120.01636     34.40425
40......................................         -120.01878     34.40527
41......................................         -120.02094     34.40628
42......................................         -120.02320     34.40744

[[Page 58145]]

 
43......................................         -120.02641     34.40752
44......................................         -120.02955     34.40774
45......................................         -120.03246     34.40806
46......................................         -120.03569     34.40855
47......................................         -120.03855     34.40907
48......................................         -120.04137     34.40971
49......................................         -120.04394     34.41040
50......................................         -120.04667     34.41126
51......................................         -120.04870     34.41100
52......................................         -120.05096     34.41077
53......................................         -120.05323     34.41062
54......................................         -120.05528     34.41054
55......................................         -120.05733     34.41052
56......................................         -120.05961     34.41056
57......................................         -120.06188     34.41068
58......................................         -120.06392     34.41084
59......................................         -120.06679     34.41046
60......................................         -120.06927     34.41021
61......................................         -120.07175     34.41004
62......................................         -120.07424     34.40997
63......................................         -120.07984     34.40990
64......................................         -120.08368     34.41002
65......................................         -120.08666     34.40991
66......................................         -120.08964     34.40992
67......................................         -120.09352     34.41011
68......................................         -120.09739     34.41051
69......................................         -120.09987     34.41088
70......................................         -120.10255     34.41138
71......................................         -120.10677     34.41203
72......................................         -120.10941     34.41251
73......................................         -120.11288     34.41331
74......................................         -120.11729     34.41453
75......................................         -120.11919     34.41509
76......................................         -120.12107     34.41571
77......................................         -120.12292     34.41639
78......................................         -120.12474     34.41711
79......................................         -120.12733     34.41802
80......................................         -120.13068     34.41937
81......................................         -120.13314     34.42030
82......................................         -120.13678     34.42183
83......................................         -120.14015     34.42266
84......................................         -120.14124     34.42285
85......................................         -120.14365     34.42227
86......................................         -120.14631     34.42173
87......................................         -120.14922     34.42126
88......................................         -120.15216     34.42091
89......................................         -120.15458     34.42039
90......................................         -120.15725     34.41992
91......................................         -120.16108     34.41942
92......................................         -120.16493     34.41913
93......................................         -120.16857     34.41904
94......................................         -120.17221     34.41913
95......................................         -120.17583     34.41941
96......................................         -120.17943     34.41986
97......................................         -120.18173     34.41968
98......................................         -120.18378     34.41957
99......................................         -120.18583     34.41952
100.....................................         -120.18788     34.41952
101.....................................         -120.19038     34.41961
102.....................................         -120.19288     34.41978
103.....................................         -120.19514     34.42001
104.....................................         -120.19763     34.42034
105.....................................         -120.20103     34.42014
106.....................................         -120.20468     34.42010
107.....................................         -120.21923     34.42062
108.....................................         -120.22203     34.41994
109.....................................         -120.22509     34.41933
110.....................................         -120.22818     34.41885
111.....................................         -120.23141     34.41849
112.....................................         -120.23501     34.41819
113.....................................         -120.23821     34.41806
114.....................................         -120.24012     34.41788
115.....................................         -120.24279     34.41768
116.....................................         -120.24551     34.41758
117.....................................         -120.24801     34.41758
118.....................................         -120.25140     34.41735
119.....................................         -120.26775     34.38689
120.....................................         -120.32691     34.33744
121.....................................         -120.37560     34.30480
122.....................................         -120.41671     34.27979
123.....................................         -120.53987     34.20486
124.....................................         -120.60041     34.18182
125.....................................         -120.64208     34.10208
126.....................................         -120.73023     34.07464
127.....................................         -120.85081     33.87643
128.....................................         -120.90550     33.82377
129.....................................         -121.21320     33.83184
130.....................................         -121.34958     33.85137
131.....................................         -121.40902     33.91005
132.....................................         -121.40925     34.08467
133.....................................         -121.49111     34.16932
134.....................................         -121.49220     34.21050
135.....................................         -121.49681     34.26897
136.....................................         -121.50604     34.32128
137.....................................         -121.51066     34.37975
138.....................................         -121.51681     34.41821
139.....................................         -121.52704     34.45284
140.....................................         -121.56178     34.54049
141.....................................         -121.57941     34.57950
142.....................................         -121.59010     34.59446
143.....................................         -121.62378     34.64285
144.....................................         -121.63763     34.65978
145.....................................         -121.65637     34.67837
146.....................................         -121.66652     34.69012
147.....................................         -121.68042     34.70722
148.....................................         -121.69538     34.72486
149.....................................         -121.70340     34.74143
150.....................................         -121.70500     34.76227
151.....................................         -121.69966     34.78952
152.....................................         -121.58778     35.00443
153.....................................         -121.57744     35.02331
154.....................................         -121.57606     35.03601
155.....................................         -121.58377     35.06135
156.....................................         -121.59758     35.10429
157.....................................         -121.61148     35.13903
158.....................................         -121.61469     35.14972
159.....................................         -121.65301     35.23983
160.....................................         -121.65744     35.24965
161.....................................         -121.66492     35.25607
162.....................................         -121.67721     35.26729
163.....................................         -121.70874     35.28974
164.....................................         -121.81352     35.35424
165.....................................         -121.81352     35.39844
------------------------------------------------------------------------

    Note 1 to appendix A: The coordinates in the table marked with 
an asterisk (*) are not a part of the sanctuary boundary. These 
coordinates are landward reference points used to draw a line 
segment that intersects with the shoreline.

Appendix B to Subpart V of Part 922--Coordinates for Rodriguez Seamount 
Management Zone Within the Sanctuary

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

------------------------------------------------------------------------
                Point ID                      Longitude        Latitude
------------------------------------------------------------------------
1.......................................         -120.75816     34.02873
2.......................................         -120.85081     33.87643
3.......................................         -120.90550     33.82377
4.......................................         -121.21320     33.83184
5.......................................         -121.25782     33.83812
6.......................................         -121.25937     34.13926
7.......................................         -120.75892     34.14264
8.......................................         -120.75816     34.02873
------------------------------------------------------------------------


[FR Doc. 2023-18271 Filed 8-24-23; 8:45 am]
BILLING CODE 3510-NK-P