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132 rows where part_number = 922 and title_number = 15 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:4.1.2.2.13.1.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.1 Purposes and applicability of the regulations. | NOAA | [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48286, June 6, 2024; 89 FR 83594, Oct. 16, 2024] | (a) The purposes of this part are: (1) To implement title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (16 U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act (NMSA or Act)), the Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA) (Pub. L. 101-605) and the Hawaiian Islands National Marine Sanctuary Act (sections 2301-2307 of Pub. L. 102-587); and (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. (b) The regulations of this part are binding on any person subject to the jurisdiction of the United States. Designation of a national marine sanctuary beyond the U.S. territorial sea does not constitute any claim to territorial jurisdiction on the part of the United States. The regulations of this part shall be applied in accordance with generally recognized principles of international law, 1 and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation of this part shall apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance with: 1 Based on the legislative history of the NMSA, NOAA has long interpreted the text of 16 U.S.C. 1435(a) as encompassing international law, including customary international law. (1) Generally recognized principles of international law; (2) An agreement between the United States and the foreign state of which the person is a citizen; or (3) An agreement between the United States and the flag state of the foreign vessel… | |||
| 15:15:4.1.2.2.13.1.17.10 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.10 Pre-existing authorizations or rights and certifications of pre-existing authorizations or rights. | NOAA | Any valid lease, permit, license, or right of subsistence use or of access that is in existence on the effective date of final regulations for a designation or revised terms of designation of any National Marine Sanctuary may not be terminated by the Director. The Director may, however, regulate the exercise of such leases, permits, licenses, or rights consistent with the purposes for which the Sanctuary was designated. | ||||
| 15:15:4.1.2.2.13.1.17.11 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.11 Definitions. | NOAA | [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024] | The following definitions shall apply to this part, unless modified by the definitions for a specific subpart or regulation: Abandoning means leaving without intent to remove any structure, material, or other matter on or in the seabed or submerged lands of a Sanctuary. For Thunder Bay National Marine Sanctuary and Underwater Preserve, abandoning means leaving without intent to remove any structure, material or other matter on the lake bottom associated with underwater cultural resources. Act or NMSA means title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act. Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration (NOAA) or designee. Attract or attracting means the conduct of any activity that lures or may lure any animal by using food, bait, chum, dyes, decoys (e.g., surfboards or body boards used as decoys), acoustics or any other means, except the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers, surfers). Benthic community means the assemblage of organisms, substrate, and structural formations found at or near the sea/ocean/lake bottom that is periodically or permanently covered by water. Clean means not containing detectable levels of harmful matter . Commercial fishing means any activity that results in the sale or trade for intended profit of fish, shellfish, algae, or corals. Conventional hook and line gear means any fishing gear composed of a single line terminated by a combination of sinkers and hooks or lures and spooled upon a reel that may be hand, electrically, or hydraulically operated, regardless of whether mounted. This term does not include longlines. Cruise ship means any vessel with 250 or more passenger berths for hire. Cultural resource means any historical or cultural feature, including archaeological sites, historic structures, shipwrecks, an… | |||
| 15:15:4.1.2.2.13.1.17.12 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.12 Sanctuary nomination process. | NOAA | (a) The sanctuary nomination process ( see National Marine Sanctuaries website www.sanctuaries.noaa.gov ) is the means by which the public can submit areas of the marine and Great Lakes environments for consideration by NOAA as a national marine sanctuary. (b) The Director will consider the following national significance criteria in determining if a nominated area is of special national significance: (1) The area's natural resources and ecological qualities are of special significance and contribute to: biological productivity or diversity; maintenance or enhancement of ecosystem structure and function; maintenance of ecologically or commercially important species or species assemblages; maintenance or enhancement of critical habitat, representative biogeographic assemblages, or both; or maintenance or enhancement of connectivity to other ecologically significant resources. (2) The area contains submerged maritime heritage resources of special historical, cultural, or archaeological significance, that: individually or collectively are consistent with the criteria of eligibility or listing on the National Register of Historic Places; have met or which would meet the criteria for designation as a National Historic Landmark; or have special or sacred meaning to the indigenous people of the region or nation. (3) The area supports present and potential economic uses, such as: tourism; commercial and recreational fishing; subsistence and traditional uses; diving; and other recreational uses that depend on conservation and management of the area's resources. (4) The publicly-derived benefits of the area, such as aesthetic value, public recreation, and access to places depend on conservation and management of the area's resources. (c) The Director will consider the following management considerations in determining the manageability of a nominated area: (1) The area provides or enhances opportunities for research in marine science, including marine archaeology. (2) The area provides or enhances opportunities f… | ||||
| 15:15:4.1.2.2.13.1.17.13 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.13 Selection of nominated areas for national marine sanctuary designation. | NOAA | (a) The Director may select a nominated area from the inventory for future consideration as a national marine sanctuary. (b) Selection of a nominated area from the inventory shall begin the formal sanctuary designation process. A notice of intent to prepare a draft environmental impact statement shall be published in the Federal Register and posted on the Office of National Marine Sanctuaries website. Any designation process will follow the procedures for designation and implementation set forth in section 304 of the Act. | ||||
| 15:15:4.1.2.2.13.1.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.2 Mission, goals, and special policies. | NOAA | (a) In accordance with the standards set forth in the Act, the mission of the Office of National Marine Sanctuaries (Office) is to identify, designate, protect, restore, and manage areas of the marine environment of special national, and in some cases international, significance due to their conservation, recreational, ecological, historical, scientific, educational, cultural, archeological, or aesthetic resources and qualities. (b) The goal of the Office is to carry out the mission of the Act in a manner consistent with the purposes and policies of the Act (16 U.S.C. 1431(b)); the Florida Keys National Marine Sanctuary and Protection Act (Pub. L. 101-605) which designated Florida Keys National Marine Sanctuary; the Hawaiian Islands National Marine Sanctuary and Protection Act (Pub. L. 102-587), which designated Hawaiian Islands Humpback Whale National Marine Sanctuary; the Oceans Act of 1992 (Pub. L. 102-587), which designated Stellwagen Bank National Marine Sanctuary; and the National Marine Sanctuaries Preservation Act of 1996 (Pub. L. 104-283), which added Stetson Bank to Flower Garden Banks National Marine Sanctuary. (c) Management efforts will be coordinated to the extent practicable with other countries managing marine protected areas; (d) Program regulations, policies, standards, guidelines, and procedures developed pursuant to the Act concerning the identification, evaluation, registration, and treatment of historical resources shall be consistent, to the extent practicable, with the declared national policy for the protection and preservation of these resources as stated in the National Historic Preservation Act of 1966, 54 U.S.C. 300101 et seq., the Archeological and Historical Preservation Act of 1974, 54 U.S.C. 312501 et seq., and the Archeological Resources Protection Act of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory protection and preservation planning policy extended to historical resources on land shall be extended, to the extent practicable, to historical resourc… | ||||
| 15:15:4.1.2.2.13.1.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.3 Issuance of regulations for fishing. | NOAA | If a proposed Sanctuary includes waters within the exclusive economic zone, the Secretary shall notify the appropriate Regional Fishery Management Council(s). The appropriate Council(s) shall have one hundred and eighty (180) days from the date of such notification to make recommendations and, if appropriate, prepare draft fishing regulations for the area within the exclusive economic zone and submit them to the Secretary. In preparing its recommendations and draft regulations, the Council(s) shall use as guidance the national standards of section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851) to the extent that they are consistent and compatible with the goals and objectives of the proposed Sanctuary designation. Any fishing activities not proposed for regulation under section 304(a)(5) of the NMSA may be listed in the draft Sanctuary designation document as being subject to regulation, without following the procedures specified in section 304(a)(5) of the NMSA. If the Secretary subsequently determines that regulation of fishing is necessary, then NOAA will follow the procedures specified in section 304(a)(5) of the NMSA. | ||||
| 15:15:4.1.2.2.13.1.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.4 Boundaries. | NOAA | [89 FR 83594, Oct. 16, 2024] | Subpart F and subsequent subparts of this part set forth the boundaries for all national marine sanctuaries. | |||
| 15:15:4.1.2.2.13.1.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.5 Allowed activities. | NOAA | [88 FR 958, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023] | All activities (e.g., fishing, boating, diving, research, education) may be conducted unless prohibited or otherwise regulated in the site-specific regulations covered by this part, subject to any emergency regulations promulgated under this part, subject to all prohibitions, regulations, restrictions, and conditions validly imposed by any Federal, State, or local authority of competent jurisdiction, including but not limited to, Federal, Tribal, and State fishery management authorities, and subject to the provisions of section 312 of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq. ). The Assistant Administrator may only directly regulate fishing activities pursuant to the procedure set forth in section 304(a)(5) of the NMSA. | |||
| 15:15:4.1.2.2.13.1.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.6 Prohibited or otherwise regulated activities. | NOAA | [89 FR 83594, Oct. 16, 2024] | Subpart F and subsequent subparts of this part set forth site-specific regulations applicable to the activities specified therein. | |||
| 15:15:4.1.2.2.13.1.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.7 Emergency regulations. | NOAA | [88 FR 958, Jan 6, 2023, as amended by 89 FR 48286, June 6, 2024] | (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all such activities are subject to immediate temporary regulation, including prohibition. (b) This section does not apply to the following national marine sanctuaries with site-specific regulations that establish procedures for issuing emergency regulations: (1) Cordell Bank National Marine Sanctuary, § 922.112(e). (2) Florida Keys National Marine Sanctuary, § 922.165. (3) Hawaiian Islands Humpback Whale National Marine Sanctuary, § 922.185. (4) Thunder Bay National Marine Sanctuary, § 922.196. (5) Mallows Bay—Potomac River National Marine Sanctuary, § 922.204. (6) Wisconsin Shipwreck Coast National Marine Sanctuary, § 922.214. (7) Lake Ontario National Marine Sanctuary, § 922.224. | |||
| 15:15:4.1.2.2.13.1.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.8 Penalties. | NOAA | (a) Each violation of the NMSA or the other statutes designating national marine sanctuaries listed in § 922.2(b), any regulation in this part or any permit issued pursuant thereto, is subject to a civil penalty. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing administrative proceedings for assessment of civil penalties, permit sanctions and denials for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904. | ||||
| 15:15:4.1.2.2.13.1.17.9 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | A | Subpart A—Regulations of General Applicability | § 922.9 Response costs and damages. | NOAA | Under section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury. Any vessel used to destroy, cause the loss of, or injure any Sanctuary resource is liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. | ||||
| 15:15:4.1.2.2.13.10.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | K | Subpart K—Cordell Bank National Marine Sanctuary | § 922.110 Boundary. | NOAA | [80 FR 13115, Mar. 12, 2015, as amended at 80 FR 34048, June 15, 2015; 88 FR 966, Jan. 6, 2023] | The Cordell Bank National Marine Sanctuary (Sanctuary) boundary encompasses a total area of approximately 971 square nautical miles (nmi 2 ) (1,286 sq. mi.) of offshore ocean waters, and submerged lands thereunder, surrounding the submarine plateau known as Cordell Bank along the northern coast of California, approximately 45 nautical miles west-northwest of San Francisco, California. The precise boundary coordinates are listed in appendix A to this subpart. The northern boundary of the Sanctuary is a rhumb line that begins approximately 6 nautical miles (7 miles) west of Bodega Head in Sonoma County, California at Point 1 and extends west approximately 38 nautical miles (44 miles) to Point 2. This line is part of a shared boundary between the Sanctuary and Greater Farallones National Marine Sanctuary (GFNMS). The western boundary of the Sanctuary extends south from Point 2 approximately 34 nautical miles (39 miles) to Point 3. From Point 3 the Sanctuary boundary continues east 15 nautical miles (17 miles) to Point 4 where it intersects the GFNMS boundary again. The line from Point 3 to Point 4 forms the southernmost boundary of the Sanctuary. The eastern boundary of the Sanctuary is a series of straight lines connecting Points 4 through 20 in numerical sequence. The Sanctuary is coterminous with GFNMS along both its (the Sanctuary's) eastern and northern boundaries. | |||
| 15:15:4.1.2.2.13.10.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | K | Subpart K—Cordell Bank National Marine Sanctuary | § 922.111 [Reserved] | NOAA | |||||
| 15:15:4.1.2.2.13.10.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | K | Subpart K—Cordell Bank National Marine Sanctuary | § 922.112 Prohibited or otherwise regulated activities. | NOAA | [80 FR 13115, Mar. 12, 2015, as amended at 83 FR 55967, Nov. 9, 2018; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] | (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Exploring for, developing, or producing oil, gas, or minerals. (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within the Sanctuary; (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use and generated by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (D) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (E) Vessel engine or generator exhaust; or (F) For a United States Coast Guard vessel without sufficient holding tank capacity and without a Type I or II marine sanitation device, and operating within the designated area [2015 expansion area] defined in appendix C of this subpart, sewage and non-clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use, and ammunition, pyrotechnics or other materials directly related to search and rescue and live ammunition training activities conducted by United States Co… | |||
| 15:15:4.1.2.2.13.10.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | K | Subpart K—Cordell Bank National Marine Sanctuary | § 922.113 Permit procedures and issuance criteria. | NOAA | [88 FR 19827, Apr. 4, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.112(a)(2) through (7) if the activity is specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950. | |||
| 15:15:4.1.2.2.13.11.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | L | Subpart L—Flower Garden Banks National Marine Sanctuary | § 922.120 Boundary. | NOAA | [86 FR 4953, Jan. 19, 2021, as amended at 90 FR 38002, Aug. 7, 2025] | The Flower Garden Banks National Marine Sanctuary (sanctuary) boundary encompasses a total area of approximately 121 square nautical miles (160.35 square miles) of offshore ocean waters, and submerged lands thereunder, along the continental shelf and shelf edge in the northwestern Gulf of America. The entire sanctuary boundary is comprised of 19 unique polygons. The precise boundary coordinates for each polygon are listed in appendix A to this subpart. | |||
| 15:15:4.1.2.2.13.11.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | L | Subpart L—Flower Garden Banks National Marine Sanctuary | § 922.121 Definitions. | NOAA | [77 FR 25068, Apr. 27, 2012, as amended at 86 FR 4953, Jan. 19, 2021; 88 FR 967, Jan. 6, 2023; 90 FR 38002, Aug. 7, 2025] | In addition to those definitions found at § 922.11, the following definitions apply to this subpart: As used in this subpart: Disturb or disturbing a ray or whale shark means to, or attempt to touch, handle, ride, pursue, chase away, hunt, restrain, detain (no matter how temporarily), capture, collect, or conduct any other activity that disrupts or has the potential to disrupt any ray or whale shark in the Sanctuary by any means. Notwithstanding the above, the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers) is exempted from this definition. Harmful matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: Fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed at 40 CFR 302.4 pursuant to 42 U.S.C. 9601(14) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. No-activity zone (applicable only to oil and gas industry activities) means the geographic areas delineated by the Department of the Interior in Topographic Features Stipulations for Outer Continental Shelf (OCS) lease sales as defined by a bathymetric contour (isobath) ranging from 55-85m in depth, with the exception of Stetson Bank (52m) and East and West Flower Garden Banks (100m). The Notice to Lessees (NTL) No. 2009-G39 provides and consolidates guidance for the avoidance and protection of biologically sensitive features and areas ( i.e. topographic features, pinnacles, live bottoms (low relief features)) and other potentially sensitive biological features (PSBFs) when conducting operations in water depths shallower than 980 feet (300 meters) in the Gulf of America. NTL 2009-G39 remains in effect pursuant to NTL No. 2015-N02. The no-activity zones are based on depth contours as noted for the following Banks: Stetson Bank (52 meters), MacNei… | |||
| 15:15:4.1.2.2.13.11.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | L | Subpart L—Flower Garden Banks National Marine Sanctuary | § 922.122 Prohibited or otherwise regulated activities. | NOAA | [77 FR 25069, Apr. 27, 2012, as amended at 86 FR 4954, Jan. 19, 2021; 86 FR 15404, Mar. 23, 2021; 88 FR 967, Jan. 6, 2023; 88 FR 9393, Feb. 14, 2023; 88 FR 19827, Apr. 4, 2023; 90 FR 38002, Aug. 7, 2025] | (a) Except as specified in paragraphs (c) through (h) 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 except outside of all no-activity zones and provided all drilling cuttings and drilling fluids are shunted to the seabed through a downpipe that terminates an appropriate distance, but no more than ten meters, from the seabed. (2)(i) Anchoring any vessel within the Sanctuary. (ii) Mooring any vessel within the Sanctuary, except that vessels 100 feet (30.48 meters) or less in registered length may moor to a Sanctuary mooring buoy. (iii) Mooring a vessel in the Sanctuary without clearly displaying the blue and white International Code flag “A” (“alpha” dive flag) or the red and white “sports diver” flag whenever a SCUBA diver from that vessel is in the water and removing the “alpha” dive flag or “sports diver” flag after all SCUBA divers exit the water and return back on board the vessel, consistent with U.S. Coast Guard guidelines relating to sports diving as contained within “Special Notice to Mariners” (00-208) for the Gulf of America. (3)(i) Discharging or depositing from within or into the Sanctuary any material or other matter except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from fishing with conventional hook and line gear in the Sanctuary, provided that such discharge or deposit occurs during the conduct of such fishing within the Sanctuary; (B) Clean effluent generated incidental to vessel use by an operable Type I or Type 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 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 wa… | |||
| 15:15:4.1.2.2.13.11.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | L | Subpart L—Flower Garden Banks National Marine Sanctuary | § 922.123 Permit procedures. | NOAA | [88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.122(a)(2) through (11) if such activity is specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building 216, Galveston, TX 77551. | |||
| 15:15:4.1.2.2.13.12.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | M | Subpart M—Monterey Bay National Marine Sanctuary | § 922.130 Boundary. | NOAA | [73 FR 70535, Nov. 20, 2008, as amended at 80 FR 34048, June 15, 2015; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] | The Monterey Bay National Marine Sanctuary (Sanctuary) consists of two separate areas. The combined area of both parts is approximately 4,601 square nautical miles (nmi 2 ) (6,093 sq. mi.). (a) The first area consists of an area of approximately 4,016 square nautical miles (nmi 2 ) (5,318 sq. mi.) of coastal and ocean waters, and submerged lands thereunder, in and surrounding Monterey Bay off the central coast of California. The northern terminus of the Sanctuary boundary is located along the southern boundary of the Greater Farallones National Marine Sanctuary (GFNMS) beginning at Rocky Point just south of Stinson Beach in Marin County. The Sanctuary boundary follows the GFNMS boundary westward to a point approximately 29 nmi offshore from Moss Beach in San Mateo County. The Sanctuary boundary then extends southward in a series of arcs, which generally follow the 500 fathom isobath, to a point approximately 27 nmi offshore of Cambria, in San Luis Obispo County. The Sanctuary boundary then extends eastward towards shore until it intersects the Mean High Water Line (MHWL) along the coast near Cambria. The Sanctuary boundary then follows the MHWL northward to the northern terminus at Rocky Point. The shoreward Sanctuary boundary excludes a small area between Point Bonita and Point San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing Harbor are all excluded from the Sanctuary shoreward from the points listed in appendix A except for Moss Landing Harbor, where all of Elkhorn Slough east of the Highway One bridge, and west of the tide gate at Elkhorn Road and toward the center channel from the MHWL is included within the Sanctuary, excluding areas within the Elkhorn Slough National Estuarine Research Reserve. Exact coordinates for the seaward boundary and harbor exclusions are provided in appendix A to this subpart. (b) The Davidson Seamount Management Zone is also part of the Sanctuary. This area, bounded by geodetic lines connecting a rectangle centered on the top of the Davidson … | |||
| 15:15:4.1.2.2.13.12.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | M | Subpart M—Monterey Bay National Marine Sanctuary | § 922.131 Definitions. | NOAA | [73 FR 70535, Nov. 20, 2008, as amended at 86 FR 62912, Nov. 15, 2021; 88 FR 967, Jan. 6, 2023] | In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Beneficial use of dredged material means the use of dredged material removed from any of the four public harbors adjacent to the sanctuary (Pillar Point, Santa Cruz, Moss Landing, and Monterey) that has been determined by the Director to be suitable as a resource for habitat protection or restoration purposes only. Beneficial use of dredged material is not disposal of dredged material. Davidson Seamount Management Zone means the area bounded by geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, and consists of approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are provided in appendix F to this subpart. Federal Project means any water resources development project conducted by the U.S. Army Corps of Engineers or operating under a permit or other authorization issued by the Corps of Engineers and authorized by Federal law. Hand tool means a hand-held implement, utilized for the collection of jade pursuant to 15 CFR 922.132(a)(1), that is no greater than 36 inches in length and has no moving parts (e.g., dive knife, pry bar, or abalone iron). Pneumatic, mechanical, electrical, hydraulic, or explosive tools are, therefore, examples of what does not meet this definition. Motorized personal watercraft (MPWC) means any vessel, propelled by machinery, that is designed to be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in length overall as manufactured and propelled by machinery and that has been exempted from compliance with the U.S. Coast Guard's Maximum Capacities Marking for Load Capaci… | |||
| 15:15:4.1.2.2.13.12.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | M | Subpart M—Monterey Bay National Marine Sanctuary | § 922.132 Prohibited or otherwise regulated activities. | NOAA | [73 FR 70535, Nov. 20, 2008, as amended at 75 FR 53571, Sept. 1, 2010; 77 FR 3922, Jan. 26, 2012; 80 FR 8786, Feb. 19, 2015; 86 FR 62912, Nov. 15, 2021; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] | (a) Except as specified in paragraphs (b) through (e) 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: Jade may be collected (meaning removed) from the area bounded by the 35.92222 N latitude parallel (coastal reference point: Beach access stairway at south Sand Dollar Beach), the 35.88889 N latitude parallel (coastal reference point: Westernmost tip of Cape San Martin), and from the mean high tide line seaward to the 90-foot isobath (depth line) (the “authorized area”) provided that: (i) Only jade already loose from the submerged lands of the Sanctuary may be collected; (ii) No tool may be used to collect jade except: (A) A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the jade or scratch the surface of a stone as necessary to determine if it is jade; (B) A lift bag or multiple lift bags with a combined lift capacity of no more than two hundred pounds; or (C) A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide access to the authorized area; (iii) Each person may collect only what that person individually carries; and (iv) For any loose piece of jade that cannot be collected under paragraphs (a)(1) (ii) and (iii) of this section, any person may apply for a permit to collect such a loose piece by following the procedures in 15 CFR 922.133. (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 withi… | |||
| 15:15:4.1.2.2.13.12.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | M | Subpart M—Monterey Bay National Marine Sanctuary | § 922.133 Permit procedures and criteria. | NOAA | [88 FR 868, Jan. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.132(a)(1) as it pertains to jade collection in the Sanctuary, § 922.132(a)(2) through (11) and (13) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey Bay National Marine Sanctuary, 99 Pacific Street, Bldg. 455A, Monterey, California 93940. | |||
| 15:15:4.1.2.2.13.12.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | M | Subpart M—Monterey Bay National Marine Sanctuary | § 922.134 Review of certain State permits and leases. | NOAA | [73 FR 70535, Nov. 20, 2008, as amended at 80 FR 8787, Feb. 19, 2015; 88 FR 19829, Apr. 4, 2023] | (a)(1) NOAA has described in a Memorandum of Agreement (MOA) with the State of California how NOAA will coordinate review of any introduction of non-invasive introduced species from a proposed shellfish aquaculture project when considering an authorization under § 922.132(e). (2) The MOA specifies how the process of § 922.36 in subpart D will be administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission. (b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA, and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary. With regard to permits, the MOA encompasses: (i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and (ii) Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code. (2) The MOA specifies how the process of § 922.36 in subpart D will be administered within State waters within the Sanctuary in coordination with the State permit program. | |||
| 15:15:4.1.2.2.13.13.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | N | Subpart N—Stellwagen Bank National Marine Sanctuary | § 922.140 Boundary. | NOAA | [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023] | (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) consists of an area of approximately 639 square nautical miles (nmi 2 ) (846 sq. mi.) of Federal marine waters and the submerged lands thereunder, over and around Stellwagen Bank and other submerged features off the coast of Massachusetts. The boundary encompasses the entirety of Stellwagen Bank; Tillies Bank, to the northeast of Stellwagen Bank; and portions of Jeffreys Ledge, to the north of Stellwagen Bank. (b) The Sanctuary boundary is identified by the following coordinates, indicating the most northeast, southeast, southwest, west-northwest, and north-northwest points: 42.76672 −70.21664 (NE); 42.09330 −70.03506 (SE); 42.12924 −70.47043 (SW); 42.54830 −70.59737 (WNW); and 42.65123 −70.50262 (NNW). The western border is formed by a straight line connecting the most southwest and the west-northwest points of the Sanctuary. At the most west-northwest point, the Sanctuary border follows a line contiguous with the three-mile jurisdictional boundary of Massachusetts to the most north-northwest point. From this point, the northern border is formed by a straight line connecting the most north-northwest point and the most northeast point. The eastern border is formed by a straight line connecting the most northeast and the most southeast points of the Sanctuary. The southern border follows a straight line between the most southwest point and a point located at 42.11526 −70.27800. From that point, the southern border then continues in a west-to-east direction along a line contiguous with the three-mile jurisdictional boundary of Massachusetts until reaching the most southeast point of the Sanctuary. The boundary coordinates are listed in appendix A to this subpart. | |||
| 15:15:4.1.2.2.13.13.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | N | Subpart N—Stellwagen Bank National Marine Sanctuary | § 922.141 Definitions. | NOAA | [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023] | In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Industrial material means mineral, as defined in § 922.11. Traditional fishing means those commercial or recreational fishing methods which have been conducted in the past within the Sanctuary. | |||
| 15:15:4.1.2.2.13.13.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | N | Subpart N—Stellwagen Bank National Marine Sanctuary | § 922.142 Prohibited or otherwise regulated activities. | NOAA | [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] | (a) Except as specified in paragraphs (b) through (f) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; or (D) Engine exhaust. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(1)(i) (A) through (D) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (2) Exploring for, developing or producing industrial materials within the Sanctuary. (3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Installation of navigation aids. (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from traditional fishing operations. (5) Taking any marine reptile, marine mammal or seabird in or above the Sanctuary, except as permitted by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Mig… | |||
| 15:15:4.1.2.2.13.13.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | N | Subpart N—Stellwagen Bank National Marine Sanctuary | § 922.143 Permit procedures. | NOAA | [88 FR 968, Jan. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.142(a)(1) and (3) through (7) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, Scituate, MA 02066. | |||
| 15:15:4.1.2.2.13.14.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | O | Subpart O—Olympic Coast National Marine Sanctuary | § 922.150 Boundary. | NOAA | [60 FR 66877, Dec. 27, 1995, as amended at 76 FR 67360, Nov. 1, 2011; 88 FR 969, Jan.6, 2023] | (a) The Olympic Coast National Marine Sanctuary (Sanctuary) consists of an area of approximately 2,408 square nautical miles (nmi 2 ) (3,188 sq. mi.) of coastal and ocean waters, and the submerged lands thereunder, off the central and northern coast of the State of Washington. (b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada international boundary. The Sanctuary boundary then follows the U.S./Canada international boundary seaward to the 100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 fathom isobath in a southerly direction from the U.S./Canada international boundary to a point due west of the mouth of the Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault Canyons. The coastal boundary of the Sanctuary is the mean higher high water line when adjacent to Federally managed lands cutting across the mouths of all rivers and streams, except where adjacent to Indian reservations, State and county owned lands; in such case, the coastal boundary is the mean lower low water line. La Push harbor is excluded from the Sanctuary boundary shoreward of the International Collision at Sea regulation (Colreg.) demarcation lines. The boundary coordinates are listed in appendix A to this subpart. | |||
| 15:15:4.1.2.2.13.14.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | O | Subpart O—Olympic Coast National Marine Sanctuary | § 922.151 Definitions. | NOAA | [76 FR 67360, Nov. 1, 2011, as amended at 88 FR 969, Jan. 6, 2023] | In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Indian reservation means a tract of land set aside by the Federal Government for use by a federally recognized American Indian tribe and includes, but is not limited to, the Makah, Quileute, Hoh, and Quinault Reservations. Lawful fishing means fishing authorized by a tribal, State or Federal entity with jurisdiction over the activity. Treaty means a formal agreement between the United States Government and an Indian tribe. | |||
| 15:15:4.1.2.2.13.14.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | O | Subpart O—Olympic Coast National Marine Sanctuary | § 922.152 Prohibited or otherwise regulated activities. | NOAA | [76 FR 67360, Nov. 1, 2011, as amended at 77 FR 3922, Jan. 26, 2012; 88 FR 969, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] | (a) Except as specified in paragraphs (b) through (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. (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 operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down, and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; (D) Engine exhaust; or (E) Dredge spoil in connection with beach nourishment projects related to the Quillayute River Navigation Project. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(2)(i)(A) through (E) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (3) Discharging or depositing, from within or into the Sanctuary, any materials or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, engine exhaust, or anchor wash. (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from lawful fishing operations. (5) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the submerged lands of the Sanctuary, except as an incidental re… | |||
| 15:15:4.1.2.2.13.14.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | O | Subpart O—Olympic Coast National Marine Sanctuary | § 922.153 Permit procedures and criteria. | NOAA | [88 FR 969, Jan. 6, 2023] | (a) A person may conduct an activity prohibited by § 922.152(a)(2) through (8) if conducted in accordance with the scope, purpose, terms and conditions of a permit or ONMS authorization issued under this section and subpart D of this part. (b) Applications for such permits or ONMS authorizations should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Olympic Coast National Marine Sanctuary, 115 E Railroad Ave., Suite 301, Port Angeles, WA 98362. (c) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance to the tribe. (d) Removal or attempted removal of any Indian cultural resource or artifact may only occur with the express written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certification by the Director that such activities occur in a manner that minimizes damage to the biological and archeological resources. Prior to permitting entry onto a significant cultural site designated by a tribal governing body, the Director shall require the express written consent of the governing body of the tribe or tribes to which such cultural site pertains. (e) Where the issuance or denial of a permit is requested by the governing body of a Washington Coast treaty tribe, the Director shall consider and protect the interests of the tribe to the fullest extent practicable in keeping with the purposes of the Sanctuary and his or her fiduciary duties to the tribe. | |||
| 15:15:4.1.2.2.13.14.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | O | Subpart O—Olympic Coast National Marine Sanctuary | § 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent county governments. | NOAA | (a) The Director shall regularly consult with the State of Washington, the governing bodies of tribes with reservations adjacent to the Sanctuary, and adjacent county governments regarding areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources. (b) The Director shall, when requested by such governments, enter into a memorandum of understanding regarding such consultations. | ||||
| 15:15:4.1.2.2.13.15.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.160 Purpose. | NOAA | (a) The purpose of the regulations in this subpart is to implement the comprehensive management plan for the Florida Keys National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary is designated, in order to protect, preserve and manage the conservation, ecological, recreational, research, educational, historical, and aesthetic resources and qualities of the area. In particular, the regulations in this part are intended to protect, restore, and enhance the living resources of the Sanctuary, to contribute to the maintenance of natural assemblages of living resources for future generations, to provide places for species dependent on such living resources to survive and propagate, to facilitate to the extent compatible with the primary objective of resource protection all public and private uses of the resources of the Sanctuary not prohibited pursuant to other authorities, to reduce conflicts between such compatible uses, and to achieve the other policies and purposes of the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act. (b) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the regulations in their entirety with any proposed changes thereto, including those regulations in subparts A and E of this part that apply to the Sanctuary. The Governor of the State of Florida will have the opportunity to review the re-proposed regulations before they take effect and if the Governor certifies such regulations as unacceptable, they will not take effect in State waters of the Sanctuary. | ||||
| 15:15:4.1.2.2.13.15.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.161 Boundary. | NOAA | [88 FR 969, Jan. 6, 2023] | The sanctuary consists of an area of approximately 2,872 square nautical miles (nmi 2 ) (3,803 sq. mi.) of coastal and ocean waters, and the submerged lands thereunder, surrounding the Florida Keys in Florida. Appendix I to this subpart sets forth the precise Sanctuary boundary. | |||
| 15:15:4.1.2.2.13.15.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.162 Definitions. | NOAA | [62 FR 32161, June 12, 1997, as amended at 66 FR 4369, Jan. 17, 2001; 74 FR 38094, July 31, 2009; 88 FR 970, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023; 90 FR 38002, Aug. 7, 2025] | (a) The following definitions apply to the Florida Keys National Marine Sanctuary regulations. To the extent that a term appears in § 922.11 and this section, the definition in this section governs. Acts means the Florida Keys National Marine Sanctuary and Protection Act, as amended, (FKNMSPA) (Pub. L. 101-605), and the National Marine Sanctuaries Act (NMSA), also known as Title III of the Marine Protection, Research, and Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq. ). Adverse effect means any factor, force, or action that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms any Sanctuary resource, as defined in section 302(8) of the NMSA (16 U.S.C. 1432(8)) and in this section, or any of the qualities, values, or purposes for which the Sanctuary is designated. Airboat means a vessel operated by means of a motor driven propeller that pushes air for momentum. Areas To Be Avoided means the areas in which vessel operations are prohibited pursuant to section 6(a)(1) of the FKNMSPA (see § 922.164(a)). Appendix VII to this subpart sets forth the geographic coordinates of these areas, including any modifications thereto made in accordance with section 6(a)(3) of the FKNMSPA. Closed means all entry or use is prohibited. Coral means but is not limited to the corals of the Class Hydrozoa (stinging and hydrocorals); Class Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals); Class Anthozoa, Subclass Ceriantipatharia, Order Antipatharia (black corals); and Class Anthozoa, Subclass Ocotocorallia, Order Gorgonacea, species Gorgonia ventalina and Gorgonia flabellum (sea fans). Coral area means marine habitat where coral growth abounds including patch reefs, outer bank reefs, deepwater banks, and hardbottoms. Coral reefs means the hard bottoms, deep-water banks, patch reefs, and outer bank reefs. Ecological Reserve means an area of the Sanctuary consisting of contiguous, diverse habitats, within which uses are subject to conditions… | |||
| 15:15:4.1.2.2.13.15.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.163 Prohibited activities—Sanctuary-wide. | NOAA | [62 FR 32161, June 12, 1997, as amended at 74 FR 38094, July 31, 2009; 75 FR 72659, Nov. 26, 2010; 88 FR 970, Jan. 6, 2023] | (a) Except as specified in paragraph (b) through (e) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Mineral and hydrocarbon exploration, development and production. Exploring for, developing, or producing minerals or hydrocarbons within the Sanctuary. (2) Removal of, injury to, or possession of coral or live rock. (i) Moving, removing, taking, harvesting, damaging, disturbing, touching, breaking, cutting, or otherwise injuring, or possessing (regardless of where taken from) any living or dead coral, or coral formation, or attempting any of these activities, except as permitted under 50 CFR part 622. (ii) Harvesting, or attempting to harvest, any live rock from the Sanctuary, or possessing (regardless of where taken from) any live rock within the Sanctuary, except as authorized by a permit for the possession or harvest from aquaculture operations in the Exclusive Economic Zone, issued by the National Marine Fisheries Service pursuant to applicable regulations under the appropriate Fishery Management Plan, or as authorized by the applicable State authority of competent jurisdiction within the Sanctuary for live rock cultured on State submerged lands leased from the State of Florida, pursuant to applicable State law. See § 370.027, Florida Statutes and implementing regulations. (3) Alteration of, or construction on, the seabed. Drilling into, dredging, or otherwise altering the seabed of the Sanctuary, or engaging in prop-dredging; or constructing, placing or abandoning any structure, material, or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels in a manner not otherwise prohibited by this part (see §§ 922.163(a)(5)(ii) and 922.164(d)(1)(v)); (ii) Traditional fishing activities not otherwise prohibited by this part; (iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any Federal, State, or local authority of compe… | |||
| 15:15:4.1.2.2.13.15.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.164 Additional activity regulations by Sanctuary area. | NOAA | [62 FR 32161, June 12, 1997, as amended at 63 FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, 2001; 74 FR 38095, July 31, 2009] | In addition to the prohibitions set forth in § 922.163, which apply throughout the Sanctuary, the following regulations apply with respect to activities conducted within the Sanctuary areas described in this section and in Appendix (II) through (VII) to this subpart. Activities located within two or more overlapping Sanctuary areas are concurrently subject to the regulations applicable to each overlapping area. (a) Areas to be avoided. Operating a tank vessel or a vessel greater than 50 meters in registered length is prohibited in all areas to be avoided, except if such vessel is a public vessel and its operation is essential for national defense, law enforcement, or responses to emergencies that threaten life, property, or the environment. Appendix VII to this subpart sets forth the geographic coordinates of these areas. (b) Existing management areas —(1) Key Largo and Looe Key Management Areas. The following activities are prohibited within the Key Largo and Looe Key Management Areas (also known as the Key Largo and Looe Key National Marine Sanctuaries) described in appendix II to this subpart: (i) Removing, taking, damaging, harmfully disturbing, breaking, cutting, spearing or similarly injuring any coral or other marine invertebrate, or any plant, soil, rock, or other material, except commercial taking of spiny lobster and stone crab by trap and recreational taking of spiny lobster by hand or by hand gear which is consistent with these regulations and the applicable regulations implementing the applicable Fishery Management Plan. (ii) Taking any tropical fish. (iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or anchored bottom fishing gear or nets. (iv) Fishing with, carrying or possessing, except while passing through without interruption or for law enforcement purposes: pole spears, air rifles, bows and arrows, slings, Hawaiian slings, rubber powered arbaletes, pneumatic and spring-loaded guns or similar devices known as spearguns. (2) Great White … | |||
| 15:15:4.1.2.2.13.15.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.165 Emergency regulations. | NOAA | Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Emergency regulations shall not take effect in Florida territorial waters until approved by the Governor of the State of Florida. Any temporary regulation may be in effect for up to 60 days, with one 60-day extension. Additional or extended action will require notice and comment rulemaking under the Administrative Procedure Act, notice in local newspapers, notice to Mariners, and press releases. | ||||
| 15:15:4.1.2.2.13.15.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.166 Permits other than for access to the Tortugas Ecological Reserve—application procedures and issuance criteria. | NOAA | [62 FR 32161, June 12, 1997, as amended at 88 FR 970, Jan. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.163 or § 922.164 if the activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Florida Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040. (2) For activities proposed to be conducted within any of the areas described in § 922.164 (b) through (e), the Director shall not issue a permit unless he or she further finds that such activities will further and are consistent with the purposes for which such area was established, as described in §§ 922.162 and 922.164 and in the management plan for the Sanctuary. (3) A person may conduct an activity otherwise prohibited by § 922.163 or § 922.164, if such activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part, and any additional permit issuance criteria and requirements in paragraphs (b), (c), (f), and (i) through (m) of this section. (b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit. (1) A person may conduct an activity prohibited by §§ 922.163 or 922.164 involving the survey/inventory of Sanctuary historical resources if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, terms and conditions of, a Survey/Inventory of Historical Resources permit issued under this paragraph (b). Such permit is not required if such survey/inventory activity does not involve any activity prohibited by §§ 922.163 or 922.164. Thus, survey/inventory activities that are non-intrusive, do not include any excavation, removal, or recovery of historical resources, and do not result in destruction of, loss of, or injury to Sanctuary resources or qualities do not require a p… | |||
| 15:15:4.1.2.2.13.15.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.167 Permits for access to the Tortugas Ecological Reserve. | NOAA | [66 FR 4370, Jan. 17, 2001] | (a) A person may enter the Tortugas North area of the Tortugas Ecological Reserve other than for passage without interruption through the reserve, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of § 922.164 , if authorized by a valid access permit issued pursuant to § 922.167. (b)(1) Access permits must be requested at least 72 hours but no longer than one month before the date the permit is desired to be effective. Access permits do not require written applications or the payment of any fee. Permits may be requested via telephone or radio by contacting FKNMS at any of the following numbers: Key West office: telephone: (305) 292-0311 Marathon office: telephone: (305) 743-2437 Key West office: telephone: (305) 292-0311 Marathon office: telephone: (305) 743-2437 (2) The following information must be provided, as applicable: (i) Vessel name. (ii) Name, address, and telephone number of owner and operator. (iii) Name, address, and telephone number of applicant. (iv) USCG documentation, state license, or registration number. (v) Home port. (vi) Length of vessel and propulsion type ( i.e., motor or sail). (vii) Number of divers. (viii) Requested effective date and duration of permit (2 weeks, maximum). (c) The Sanctuary Superintendent will issue a permit to the owner or to the owner's representative for the vessel when all applicable information has been provided. The Sanctuary Superintendent will provide a permit number to the applicant and confirm the effective date and duration period of the permit. Written confirmation of permit issuance will be provided upon request. | |||
| 15:15:4.1.2.2.13.15.17.9 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | P | Subpart P—Florida Keys National Marine Sanctuary | § 922.168 [Reserved] | NOAA | |||||
| 15:15:4.1.2.2.13.16.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.180 Purpose. | NOAA | (a) The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary was designated, in order to protect, preserve, and manage the conservation, ecological, recreational, research, educational, historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to supplement and complement existing regulatory authorities; to facilitate to the extent compatible with the primary objective of protecting the humpback whale and its habitat, all public and private uses of the Sanctuary, including uses of Hawaiian natives customarily and traditionally exercised for subsistence, cultural, and religious purposes, as well as education, research, recreation, commercial and military activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback whale and its habitat; to contribute to the maintenance of natural assemblages of humpback whales for future generations; to provide a place for humpback whales that are dependent on their Hawaiian Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and NMSA. (b) These regulations may be modified to fulfill the Secretary's responsibilities for the Sanctuary, including the provision of additional protections for humpback whales and their habitat, if reasonably necessary, and the conservation and management of other marine resources, qualities and ecosystems of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor of the State of Hawaii on any modification to the regulations contained in this part. For any modification of the regulations contained in this part that would constitute a change in a term o… | ||||
| 15:15:4.1.2.2.13.16.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.181 Boundary. | NOAA | [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023] | (a) Except for excluded areas described in paragraph (b) of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary encompasses approximately 1,032 square nautical miles (nmi 2 ) (1,366 sq. mi.), and consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward from the shoreline, cutting across the mouths of rivers and streams: (1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; (2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; (3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; (4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; (5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. (b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors: Hawaii (Big Island) Kawaihae Boat Harbor & Small Boat Basin Lanai Kaumalapau Harbor, Manele Harbor Maui Lahaina Boat Harbor Maalaea Boat Harbor Molokai Hale o Lono Harbor Kaunakakai Harbor Oahu Kuapa Pond (Hawaii Kai) Kawaihae Boat Harbor & Small Boat Basin Kaumalapau Harbor, Manele Harbor Lahaina Boat Harbor Maalaea Boat Harbor Hale o Lono Harbor Kaunakakai Harbor Kuapa Pond (Hawaii Kai) (c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear in appendix A of this subpart Q. | |||
| 15:15:4.1.2.2.13.16.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.182 Definitions. | NOAA | [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023] | (a) Acts means the Hawaiian Islands National Marine Sanctuary Act (HINMSA; sections 2301-2307 of Pub. L. 102-587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431 et seq. ). Adverse impact means an impact that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms. Alteration of the seabed means drilling into, dredging, or otherwise altering a natural physical characteristic of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary. Habitat means those areas that provide space for individual and population growth and normal behavior of humpback whales, and include sites used for reproductive activities, including breeding, calving and nursing. Military activities means those military activities conducted by or under the auspices of the Department of Defense and any combined military activities carried out by the Department of Defense and the military forces of a foreign nation. Sanctuary means the Hawaiian Islands Humpback Whale National Marine Sanctuary. Sanctuary resource means any humpback whale, or the humpback whale's habitat within the Sanctuary. Shoreline means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. Take or taking a humpback whale means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes, but is not limited to, any of the following activities: collecting any dead or injured humpback whale, or any part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how temporaril… | |||
| 15:15:4.1.2.2.13.16.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.183 Allowed activities. | NOAA | (a) All activities except those prohibited by § 922.184 may be undertaken in the Sanctuary subject to any emergency regulations promulgated pursuant to § 922.185, subject to the interagency cooperation provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and § 922.187 of this subpart, and subject to the liability established by section 312 of the NMSA and § 922.46 of this part. All activities are also subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or county authority of competent jurisdiction. (b) Included as activities allowed under the first sentence of paragraph (a) of this § 922.183 are all classes of military activities, internal or external to the Sanctuary, that are being or have been conducted before the effective date of these regulations, as identified in the Final Environmental Impact Statement/Management Plan. Paragraphs (a)(1) through (a)(5) of § 922.184 do not apply to these classes of activities, nor are these activities subject to further consultation under section 304(d) of the NMSA. (c) Military activities proposed after the effective date of these regulations are also included as allowed activities under the first sentence of paragraph (a) of this § 922.183. Paragraphs (a)(1) through (a)(5) of § 922.184 apply to these classes of activities unless— (1) They are not subject to consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or (2) Upon consultation under section 304(d) of the NMSA and § 922.187 of this subpart, NOAA's findings and recommendations include a statement that paragraphs (a)(1) through (a)(5) of § 922.184 do not apply to the military activity. (d) If a military activity described in paragraphs (b) or (c)(2) of this § 922.183 is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or if the modified activity… | ||||
| 15:15:4.1.2.2.13.16.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.184 Prohibited activities. | NOAA | (a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted. (1) Approaching, or causing a vessel or other object to approach, within the Sanctuary, by any means, within 100 yards of any humpback whale except as authorized under the Marine Mammal Protection Act, as amended (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 et seq.; (2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as necessary for takeoff or landing from an airport or runway, or as authorized under the MMPA and the ESA; (3) Taking any humpback whale in the Sanctuary except as authorized under the MMPA and the ESA; (4) Possessing within the Sanctuary (regardless of where taken) any living or dead humpback whale or part thereof taken in violation of the MMPA or the ESA; (5) Discharging or depositing any material or other matter in the Sanctuary; altering the seabed of the Sanctuary; or discharging or depositing any material or other matter outside the Sanctuary if the discharge or deposit subsequently enters and injures a humpback whale or humpback whale habitat, provided that such activity: (i) Requires a Federal or State permit, license, lease, or other authorization; and (ii) Is conducted: (A) Without such permit, license, lease, or other authorization, or (B) not in compliance with the terms or conditions of such permit, license, lease, or other authorization. (6) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of either of the Acts or any regulations issued under either of the Acts. (b) The prohibitions in paragraphs (a)(1) through (a)(5) of this § 922.184 do not apply to activities necessary to respond to emergencies threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. However, while such activities are not subject to paragraphs … | ||||
| 15:15:4.1.2.2.13.16.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.185 Emergency regulations. | NOAA | Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Before issuance of such regulations the Director shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of Hawaii. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by the Governor of Hawaii. | ||||
| 15:15:4.1.2.2.13.16.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.186 Penalties; appeals. | NOAA | (a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or any regulation in this subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing the administrative proceedings for assessment of civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR Part 904. (c) A person subject to an action taken for enforcement reasons for violation of these regulations or either of the Acts may appeal pursuant to the applicable procedures in 15 CFR Part 904. | ||||
| 15:15:4.1.2.2.13.16.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | Q | Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary | § 922.187 Interagency Cooperation. | NOAA | Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all environmental requirements. | ||||
| 15:15:4.1.2.2.13.17.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.190 Boundary. | NOAA | [79 FR 52971, Sept. 5, 2014; 79 FR 12080, Sept. 5, 2014, as amended at 88 FR 972, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] | (a) Except as provided in paragraph (b) of this section, the Thunder Bay National Marine Sanctuary and Underwater Preserve (Sanctuary) consists of an area of approximately 3,247 square nautical miles (nmi 2 ) (4,300 sq. mi.) of waters of Lake Huron and the submerged lands thereunder, over, around, and under the underwater cultural resources in Thunder Bay. The eastern boundary of the sanctuary begins at the intersection of the southern Alcona County boundary and the U.S./Canada international boundary (Point 1). The eastern boundary of the sanctuary approximates the international boundary passing through Points 2-5. The boundary continues west through Point 6 and then back to the northeast until it intersects with the 45.83333° N line of latitude at Point 7. The northern boundary follows the line of latitude 45.83333° N westward until it intersects the −84.33333° W line of longitude at Point 8. The western boundary extends south along the −84.33333° W line of longitude towards Point 9 until it intersects the ordinary high water mark at Cordwood Point. From there, the western boundary follows the ordinary high water mark as defined by Part 325, Great Lakes Submerged Lands, of P.A. 451 (1994), as amended, cutting across the mouths of rivers and streams until it intersects the line formed between Point 10 and Point 11 south of Rogers City, MI. From there the boundary moves offshore through Points 11-15 in order until it intersects the ordinary high water mark along the line formed between Point 15 and Point 16. At this intersection the boundary continues to follow the ordinary high water mark south until it intersects with the line formed between Point 17 and Point 18 near Stoneport Harbor Light in Presque Isle, MI. From there the boundary moves offshore through Points 18-20 in order until it intersects the ordinary high water mark along the line formed between Point 20 and Point 21. At this intersection the boundary continues to follow the ordinary high water mark south until it intersects the line formed between … | |||
| 15:15:4.1.2.2.13.17.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.191 Definitions. | NOAA | [65 FR 39056, June 22, 2000, as amended at 79 FR 52972, Sept. 5, 2014; 79 FR 12080, Sept. 5, 2014] | (a) The following terms are defined for purposes of Subpart R: Minor project means any project listed in appendix B to this Subpart. Programmatic Agreement means the agreement among NOAA, the Federal Advisory Council on Historic Preservation, and the State of Michigan, developed pursuant to the National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq. and section 106 of the National Historic Preservation Act of 1966 as amended, 16 U.S.C. 470 et seq., which, in part, sets forth the procedures for review and approval of State Permits that authorize activities prohibited by the Sanctuary regulations. State Archaeologist means the State Archaeologist, Michigan Historical Center, Michigan Department of State. State Permit means any lease, permit, license, approval, or other authorization issued by the State of Michigan for the conduct of activities or projects within the Thunder Bay National Marine Sanctuary and Underwater Preserve that are prohibited by the regulations at § 922.193. Traditional fishing means those commercial, recreational, and subsistence fishing activities that were customarily conducted within the Sanctuary prior to its designation or expansion, as identified in the relevant Final Environmental Impact Statement and Management Plan for this Sanctuary. Traditional fishing includes tribal fishing rights as provided for in the 1836 Treaty of Washington and subsequent court decisions related to the Treaty. Treaty fishing rights means those rights reserved in the 1836 Treaty of Washington and in subsequent court decisions related to the Treaty. Underwater cultural resource means: (1) Any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sank prior to the effective date of Sanctuary designation; and (2) Any of the above that sinks on or after the date… | |||
| 15:15:4.1.2.2.13.17.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.192 Joint Management Committee. | NOAA | (a) A state/federal Joint Management Committee shall be established to oversee and engage in decision-making authority for the Thunder Bay National Marine Sanctuary and Underwater Preserve. (b) The Joint Management Committee shall be comprised of one Federal employee named by the NOAA Administrator and one state employee named by the Governor of Michigan. The Federal employee cannot be the sanctuary manager (the individual who exercises day-to-day management over the Sanctuary) and must have a civil service grade higher than that of the sanctuary manager. (c) The Joint Management Committee shall: (1) Develop a position description for, recruit prospective candidates for the position of, interview candidates for the position of, and take part in the annual performance evaluation of, the sanctuary manager; (2) Approve revisions to the Management Plan; (3) Approve annual work plans; (4) Approve, on an annual basis, the expenditure of allocated state and federal funds and other sources of revenue for the Thunder Bay National Marine Sanctuary and Underwater Preserve, in accordance with the Management Plan and the annual work plans; and (5) Make decisions on other key issues related to management of the Thunder Bay National Marine Sanctuary and Underwater Preserve. (d) The Joint Management Committee shall meet as agreed to by the members but not less than once annually. (e) If the Joint Management Committee is unable to reach agreement on an issue, the members shall follow the “Consultation and Conflict Resolution” procedures set forth in the Interlocal Agreement between NOAA and the State of Michigan. (f) The Joint Management Committee may invite affected public parties to participate in selected aspects of Sanctuary management as: (1) Parties to the Interlocal Agreement pursuant to the Michigan Urban Cooperation Act of 1967, MCL 124.501 et seq.; and/or (2) Pursuant to the NMSA. | ||||
| 15:15:4.1.2.2.13.17.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.193 Prohibited or otherwise regulated activities. | NOAA | [65 FR 39056, June 22, 2000, as amended at 88 FR 19829, Apr. 4, 2023] | (a) Except as specified in paragraphs (b) through (d) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Recovering, altering, destroying, possessing, or attempting to recover, alter, destroy, or possess an underwater cultural resource. (2) Drilling into, dredging or otherwise altering the lakebottom associated with underwater cultural resources, including contextual information; or constructing, placing or abandoning any structure, material or other matter on the lakebottom associated with underwater cultural resources, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Minor projects (as defined in appendix B of this subpart) that do not adversely affect underwater cultural resources. (3) Using grappling hooks or other anchoring devices on underwater cultural resource sites that are marked with a mooring buoy. (4) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulations issued under the Act. (b) Members of a federally-recognized Indian tribe may exercise treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this subpart. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary, provided that the rights are authorized by the tribe by regulation, license, or permit. (c) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to valid law enforcement activities, or any activity necessary to respond to an emergency threatening life or the environment. (d) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity: (1) Specifically authorized by, and conducted in accordance with the scope, purpose, terms and conditions of, a permi… | |||
| 15:15:4.1.2.2.13.17.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.194 [Reserved] | NOAA | |||||
| 15:15:4.1.2.2.13.17.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.195 Permit procedures. | NOAA | [88 FR 7357, Jan. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.193(a)(1) through (3), if the activity is specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a State Permit provided that: (1) The State Archaeologist certifies to NOAA that the activity authorized under the State Permit will be conducted consistent with the Programmatic Agreement, in which case such State Permit shall be deemed to have met the requirements of subpart D of this part; or (2) In the case where the State Archaeologist does not certify that the activity to be authorized under a State Permit will be conducted consistent with the Programmatic Agreement, the person complies with the requirements of subpart D of this part. (b) In instances where the conduct of an activity is prohibited by § 922.193(a)(1) through (3) is not addressed under a State or other Federal lease, license, permit or other authorization, a person may conduct such activity if it is specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a permit issued pursuant to subpart D of this part and the Programmatic Agreement. (c) A permit for recovery of an underwater cultural resource may be issued if: (1) The proposed activity satisfies the requirements for permits described under paragraphs (a) and (b) of this section and section 922.33; (2) The recovery of the underwater cultural resource is in the public interest; (3) Recovery of the underwater cultural resource is part of research to preserve historic information for public use; and (4) Recovery of the underwater cultural resource is necessary or appropriate to protect the resource, preserve historical information, or further the policies of the Sanctuary. (d) A person shall file an application for a permit with the Michigan Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, MI 48909-7958. The application shall contain all of the following information: (1) The nam… | |||
| 15:15:4.1.2.2.13.17.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.196 Emergency regulations. | NOAA | (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to an underwater cultural resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Michigan. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. | ||||
| 15:15:4.1.2.2.13.17.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.197 Effect on affected federally-recognized Indian tribes. | NOAA | [79 FR 52972, Sept. 5, 2014; 80 FR 12080, Mar. 6, 2015] | The exercise of treaty fishing rights is not modified, altered, or in any way affected by the regulations promulgated in this Subpart. The Director shall consult with the governing body of each federally-recognized Indian tribe mentioned in the 1836 Treaty of Washington and in subsequent court decisions related to the Treaty regarding any matter which might affect the ability of the Tribe's members to participate in treaty fishing activities in the Sanctuary. | |||
| 15:15:4.1.2.2.13.17.17.9 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | R | Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve | § 922.198 Procedures for determining watercraft and related items which sink on or after the date of Sanctuary designation to be an underwater cultural resource. | NOAA | The Director, in consultation with the State of Michigan, appropriate federal agencies, and the governing body of any affected federally-recognized tribe, may determine, after providing 45 days for public comment, that any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sinks on or after the date of Sanctuary designation, to be an underwater cultural resource if such is determined by the Director to be 50 years or older and of special national significance due to architectural significance or association with individuals or events that are significant to local or national history. | ||||
| 15:15:4.1.2.2.13.18.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.200 Boundary. | NOAA | The Mallows Bay-Potomac River National Marine Sanctuary consists of an area of approximately 18 square miles of waters of the state of Maryland and the submerged lands thereunder, over, around, and under the underwater cultural resources in the Potomac River. The precise boundary coordinates are listed in appendix A to this subpart. The western boundary of the sanctuary approximates the border between the Commonwealth of Virginia and the State of Maryland along the western side of the Potomac River and begins at Point 1 north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point. From this point the boundary continues to the north approximating the border between Virginia and Maryland cutting across the mouths of streams and creeks passing through the points in numerical order until it reaches Point 40 north of Tank Creek. From this point the sanctuary boundary continues east across the Potomac River in a straight line towards Point 41 until it intersects the Maryland shoreline just north of Sandy Point in Charles County, Maryland. From this intersection the sanctuary boundary then follows the Maryland shoreline south around Mallows Bay, Blue Banks, and Wades Bay cutting across the mouths of creeks and streams along the eastern shoreline of the Potomac River until it intersects the line formed between Point 42 and Point 43 just south of Smith Point. Finally, from this intersection the sanctuary boundary crosses the Potomac River to the west in a straight line until it reaches Point 43 north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point. | ||||
| 15:15:4.1.2.2.13.18.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.201 Definitions. | NOAA | [84 FR 32603, July 8, 2019, as amended at 88 FR 19829, Apr. 4, 2023] | (a) The following terms are defined for purposes of this subpart: (1) Sanctuary resource means any historical resource with the Sanctuary boundaries, as defined in § 922.3. This includes, but is not limited to, any sunken watercraft and any associated rigging, gear, fittings, trappings, and equipment; the personal property of the officers, crew, and passengers, and any cargo; and any submerged or partially submerged prehistoric, historic, cultural remains, such as docks, piers, fishing-related remains (e.g., weirs, fish-traps) or other cultural heritage materials. Sanctuary resource also means any archaeological, historical, and cultural remains associated with or representative of historic or prehistoric American Indians and historic groups or peoples and their activities. (2) Traditional fishing means those commercial, recreational, and subsistence fishing activities that were customarily conducted within the Sanctuary prior to its designation or expansion, as identified in the relevant Final Environmental Impact Statement and Management Plan for this Sanctuary. (b) All other terms appearing in the regulations in this subpart are defined at § 922.11, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq. | |||
| 15:15:4.1.2.2.13.18.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.202 Joint management. | NOAA | NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, NOAA shall co-manage the Sanctuary in collaboration with the State of Maryland and Charles County. The Director shall enter into a Memorandum of Agreement regarding this collaboration that shall address, but not be limited to, such aspects as areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources. | ||||
| 15:15:4.1.2.2.13.18.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.203 Prohibited or otherwise regulated activities. | NOAA | (a) Except as specified in paragraphs (b) and (c) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a Sanctuary resource, except as an incidental result of traditional fishing. This prohibition does not apply to possessing historical resources removed from the Sanctuary area before the effective date of the Sanctuary designation. (2) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, buoys, or other boundary markers related to the Sanctuary. (3) 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 any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity necessary to respond to an emergency threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. (c)(1) All military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impact on sanctuary resources and qualities. (2) Any existing military activity conducted by DoD prior to the effective date of the regulations in this subpart and as specifically identified in the Final Environmental Impact Statement and Final Management Plan for the Sanctuary (FEIS/FMP) is allowed to continue in the Sanctuary. The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to those existing military activities or to the following military activities conducted by DoD: (i) Low-level overflight of military aircraft operated by DoD; (ii) The designation of new units of … | ||||
| 15:15:4.1.2.2.13.18.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.204 Emergency regulations. | NOAA | (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities, other than DoD activities, are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Maryland or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. | ||||
| 15:15:4.1.2.2.13.18.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.205 Permit procedures. | NOAA | [88 FR 973, Feb. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.203(a)(1) and (2) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Mallows Bay-Potomac River National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. | |||
| 15:15:4.1.2.2.13.18.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | S | Subpart S—Mallows Bay—Potomac River National Marine Sanctuary | § 922.206 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity. | NOAA | [84 FR 32603, July 8, 2019, as amended at 88 FR 973, Jan. 6, 2023] | (a) A person may conduct an activity prohibited by § 922.203(a)(1) through (3) if such activity is specifically authorized by a valid Federal, state, or local lease, permit, license, approval, or other authorization, or tribal right of subsistence use or access in existence prior to the effective date of sanctuary designation and within the sanctuary designated area and complies with § 922.10 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) The Director may amend, suspend, or revoke any certification made 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 holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken. (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Mallows Bay-Potomac National Marine Sanctuary, 1305 East West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by § 922.203(a)(1) through (3) provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 180 days of the Federal Register notification announcing of effective date of the Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or … | |||
| 15:15:4.1.2.2.13.19.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.210 Boundary. | NOAA | Wisconsin Shipwreck Coast National Marine Sanctuary consists of an area of approximately 726 square nautical miles (962 square miles) of Lake Michigan waters within the State of Wisconsin and the submerged lands thereunder, over, around, and under the submerged underwater cultural resources in Lake Michigan. The precise boundary coordinates are listed in Appendix A to this subpart. The eastern boundary of the sanctuary begins approximately 9.3 miles east of the Wisconsin shoreline (as defined by the low water datum) in Lake Michigan at Point 1 north of the border between Manitowoc and Kewaunee County. From Point 1 the boundary continues SSW in a straight line to Point 2 and then SW to Point 3 which is located in Lake Michigan approximately 16.3 miles east of a point on the shoreline roughly equidistant between the borders of northern Mequon, WI and southern Port Washington, WI. From Point 3 the boundary continues west towards Point 4 until it intersects the shoreline at the low water datum approximately 2.5 miles north of the northern border of Mequon, WI. From this intersection the boundary continues north following the shoreline at the low water datum, cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 5 and Point 6 at the end of the southern breakwater at the mouth of Sauk Creek at Port Washington. From this intersection the boundary continues to Point 6 through Point 9 in numerical order. From Point 9 the boundary continues towards Point 10 until it intersects the shoreline at the low water datum at the end of the northern breakwater at the mouth of Sauk Creek. From this intersection the boundary continues north following the shoreline at the low water datum cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 11 and Point 12 at the end of the southern breakwater at the mouth of the Sheboygan River. From this intersection the boundary continues to Point 12 through Point 17 in numerical order. From Poin… | ||||
| 15:15:4.1.2.2.13.19.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.211 Definitions. | NOAA | (a) The following terms are defined for purposes of this subpart: (1) Sanctuary resource means all prehistoric, historic, archaeological, and cultural sites and artifacts within the sanctuary boundary, including all shipwreck sites. (2) Shipwreck site means any historic sunken watercraft, its components, cargo, contents, and associated debris field. (b) All other terms appearing in the regulations in this subpart are defined at § 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq. | ||||
| 15:15:4.1.2.2.13.19.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.212 Co-management. | NOAA | NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, as the Sanctuary is in state waters, NOAA will co-manage the Sanctuary in collaboration with the State of Wisconsin. The Director may enter into a Memorandum of Agreement regarding this collaboration that may address, but not be limited to, such aspects as areas of mutual concern, including Sanctuary resource protection, programs, permitting, activities, development, and threats to Sanctuary resources. | ||||
| 15:15:4.1.2.2.13.19.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.213 Prohibited or otherwise regulated activities. | NOAA | (a) Except as specified in paragraph (b) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a sanctuary resource. (2) Grappling into or anchoring on shipwreck sites. (3) 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 any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment; or to activities necessary for valid law enforcement purposes. | ||||
| 15:15:4.1.2.2.13.19.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.214 Emergency regulations. | NOAA | (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Wisconsin or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. | ||||
| 15:15:4.1.2.2.13.19.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.215 Permit procedures. | NOAA | [88 FR 973, Jan. 6, 2023] | (a) A person may conduct an activity otherwise prohibited by § 922.213(a)(1) and (2) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. | |||
| 15:15:4.1.2.2.13.19.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | T | Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary | § 922.216 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity. | NOAA | [86 FR 32754, June 23, 2021, as amended at 88 FR 973, Jan. 6, 2023] | (a) A person may conduct an activity prohibited by § 922.213(a)(1) through (3) if such activity is specifically authorized by a valid Federal, state, or local lease, permit, license, approval, or other authorization, or tribal right of subsistence use or access in existence prior to the effective date of sanctuary designation and within the sanctuary designated area and complies with § 922.10 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) The Director may amend, suspend, or revoke any certification made 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 holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken. (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by § 922.213(a)(1) through (3) provided that: (1) The holder of such authorization or right notifies the Director, in writing, 180 days of the Federal Register document announcing of effective date of the Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or right… | |||
| 15:15:4.1.2.2.13.20.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.220 Boundary. | NOAA | Lake Ontario National Marine Sanctuary consists of an area of approximately 1,300 square nautical miles (1,722 square miles) of Lake Ontario waters within New York State and the submerged lands thereunder; over, around, and under the submerged underwater cultural and historical resources in Lake Ontario. The precise boundary coordinates are listed in appendix A to this subpart. The western boundary of the sanctuary begins at approximately the border between Wayne County and Monroe County where the shoreline (defined here and throughout the remainder of this boundary description as the low water datum) intersects the line segment formed between Point 1 and Point 2. From this intersection the sanctuary boundary continues north into Lake Ontario to Point 2 and then to each successive point in numerical order to Point 7. From Point 7 the sanctuary boundary continues east to each successive point in numerical order to Point 10. From Point 10 the boundary continues roughly to the northeast to Point 11 and then to Point 12 just southeast of Wolfe Island, ON, Canada and the end of 5th Line Road. From Point 12 the boundary continues roughly southeast towards Point 13 until it intersects the shoreline at the low water datum at Tibbetts Point near the Tibbetts Point Lighthouse southwest of Cape Vincent, New York. From this intersection the boundary follows the shoreline roughly to the southeast around Tibbetts Point and then continues roughly to the southeast around Wilson Point and Dablon Point until it intersects the line segment formed between Point 14 and Point 15 at the Rt. 6 bridge at the upper end of Mud Bay. From this intersection the boundary continues towards Point 15 until it intersects the shoreline at approximately the mouth of Kents Creek. From this intersection the boundary follows the shoreline to the southwest around Baird Point continuing roughly southeast cutting across the mouths of creeks and streams around Point Peninsula and along western and then northern Chaumont Bay until it intersects the line seg… | ||||
| 15:15:4.1.2.2.13.20.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.221 Definitions. | NOAA | The following terms are defined for purposes of this subpart U: Sanctuary resource means all historical resources as defined at 15 CFR 922.11, which includes any pre-contact and historic sites, structures, districts, objects, and shipwreck sites within sanctuary boundaries. Shipwreck site means all archaeological and material remains associated with sunken watercraft or aircraft that are historical resources, including associated components, cargo, contents, artifacts, or debris fields that may be exposed or buried within the lake bed. Tethered underwater mobile system means remotely operated vehicles and other systems with onboard propulsion systems that utilize a tether connected to a station-holding (e.g.byanchor, dynamic positioning, or manual vessel operation) surface support vessel. | ||||
| 15:15:4.1.2.2.13.20.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.222 Co-management. | NOAA | (a) NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, as the Sanctuary is in State waters, NOAA will co-manage Lake Ontario National Marine Sanctuary in collaboration with New York State. The Director may enter into a Memorandum of Agreement regarding this collaboration that may address, but not be limited to, such aspects as areas of mutual concern, including sanctuary resource protection, programs, permitting, activities, development, and threats to sanctuary resources. (b) Furthermore, sunken military craft are administered by the respective Secretary concerned pursuant to the Sunken Military Craft Act. The Director will enter into a Memorandum of Agreement regarding collaboration with other federal agencies charged with implementing the Sunken Military Craft Act that may address aspects of managing and protecting sunken military craft. The Director will request approval from the Secretary concerned for any terms and conditions of ONMS authorizations that may involve sunken military craft. | ||||
| 15:15:4.1.2.2.13.20.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.223 Prohibited or otherwise regulated activities. | NOAA | (a) Except as specified in paragraph (b) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a sanctuary resource. (2) Possessing, selling, offering for sale, purchasing, importing, exporting, exchanging, delivering, carrying, transporting, or shipping by any means any sanctuary resource within or outside of the sanctuary. (3) Grappling into or anchoring on shipwreck sites. (4) Deploying a tethered underwater mobile system at shipwreck sites. (5) 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 any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (5) of this section do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment; or to activities necessary for valid law enforcement purposes. | ||||
| 15:15:4.1.2.2.13.20.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.224 Emergency regulations. | NOAA | (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of New York or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. | ||||
| 15:15:4.1.2.2.13.20.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.225 Permit procedures and review criteria. | NOAA | (a) A person may conduct an activity otherwise prohibited by § 922.223(a)(1) through (4) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Lake Ontario National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. | ||||
| 15:15:4.1.2.2.13.20.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.226 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or right to conduct a prohibited activity. | NOAA | (a) A person may conduct an activity prohibited by § 922.223(a)(1) through (4) 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, provided that the holder of the lease, permit, license, or right of subsistence use or of access complies with § 922.10 and provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of the sanctuary designation of the existence and location of such authorization or right and requests certification of such authorization or right; and (2) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the sanctuary was designated. (b) Requests for certifications shall be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Lake Ontario National Marine Sanctuary, 1305 East-West Hwy., 10th Floor, Silver Spring, MD 20910 or sent 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 certification requester with an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by § 922.223(a)(1) through (4) may continue to conduct the activity without being in violation of applicable provisions of § 922.223(a)(1) through (4), pending the Director's review of and decision regarding his or her certification request. (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 Dire… | ||||
| 15:15:4.1.2.2.13.20.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | U | Subpart U—Lake Ontario National Marine Sanctuary | § 922.227 Effect on affected federally recognized Nations and Tribes. | NOAA | The exercise of treaty rights for federally recognized Nations and Tribes and their citizens is not modified, altered, or in any way affected by the regulations promulgated in this subpart. The Director shall consult with the governing body of each federally-recognized Nation and Tribe protected by the 1794 Treaty of Canandaigua regarding any matter which might affect the ability of the Nation and Tribe's citizens to participate in activities protected by that treaty in the Sanctuary. | ||||
| 15:15:4.1.2.2.13.21.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.230 Boundary. | NOAA | Chumash Heritage National Marine Sanctuary covers 4,543 mi 2 (3,431 nmi 2 ) of coastal and ocean waters and the submerged lands thereunder, spanning 116 miles along the central California coast off the counties of San Luis Obispo and Santa Barbara. The sanctuary spans a maximum distance of 60 miles from shore, and reaches a maximum depth of 11,580 feet below sea level. Describing the boundary in a clockwise fashion, the Final Preferred Alternative starts along the coast approximately two miles southeast of the breakwater for the Diablo Canyon Power Plant marina, then runs south along the mean high water line through San Luis Obispo County and northern and western Santa Barbara County to the eastern end of the Naples Marine Conservation Area on the Gaviota Coast. Along this stretch, the harbor areas at Port San Luis and Vandenberg Space Force Base near Point Arguello are excluded from the sanctuary. Offshore, the boundary extends from the western edge of Channel Islands National Marine Sanctuary, around important features like Rodriguez Seamount, most of Arguello Canyon, and about half of the Santa Lucia Bank and part of its escarpment. At a point approximately 55 miles offshore of the Santa Maria River mouth, the boundary extends east 43 miles, then due north for 12 miles to the point of origin south of the Diablo Canyon Power Plant marina. This narrative boundary description is provided to facilitate public understanding, but please refer to the formal boundary description and the precise boundary coordinates in Appendix A to this subpart. | ||||
| 15:15:4.1.2.2.13.21.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.231 Definitions. | NOAA | In addition to the definitions found in § 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. | ||||
| 15:15:4.1.2.2.13.21.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.232 Prohibited or otherwise regulated activities. | NOAA | (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 oil and gas production, which includes well abandonment, pursuant to existing leases or lease units in effect on the effective date of Sanctuary designation (Nov. 30, 2024). (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 ma… | ||||
| 15:15:4.1.2.2.13.21.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.233 Permit procedures. | NOAA | (a) A person may conduct an activity prohibited by § 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. | ||||
| 15:15:4.1.2.2.13.21.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.234 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or other rights to conduct a prohibited activity. | NOAA | (a) To obtain a certification of an activity that is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, other authorization or right of subsistence use or access (hereafter in this subsection “permit or right”) in existence on the effective date of Sanctuary designation (Nov. 30, 2024) and within the sanctuary designated area, pursuant to §§ 922.10 and 922.232(g), the holder of such permit or right shall: (1) Notify the Director, in writing, within 120 days of the effective date of Sanctuary designation (Nov. 30, 2024) of the existence and location of such permit or right and requests certification of such permit or right; and (2) Comply with any terms and conditions on the exercise of such permit or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (3) 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 permit or right must accompany the request. (b) A holder requesting certification of a permit or right described in § 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. (c) The Director may request additional information from the holder requesting certification as the Director deems reasonably necessary to condition appropriately the exercise of the certified permit 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 … | ||||
| 15:15:4.1.2.2.13.21.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | V | Subpart V—Chumash Heritage National Marine Sanctuary | § 922.235 Memoranda of Agreement with partner agencies. | NOAA | (a) Introduced species aquaculture projects. (1) NOAA would describe in a Memorandum of Agreement (MOA) with the State of California how NOAA will coordinate review of any proposed introduction of non-invasive introduced species from a proposed commercial shellfish aquaculture activity in State waters when considering an authorization under § 922.232(e). (2) The MOA would specify how the process of § 922.36 in subpart D will be administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission. (b) Sunken military craft. Sunken military craft are administered by the respective Secretary concerned pursuant to the Sunken Military Craft Act. The Director will enter into a MOA regarding collaboration with other Federal agencies charged with implementing the Sunken Military Craft Act that may address aspects of managing and protecting sunken military craft. The Director will request approval from the Secretary concerned for any terms and conditions of ONMS authorizations that may involve sunken military craft. | ||||
| 15:15:4.1.2.2.13.22.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.240 Boundary. | NOAA | Papahānaumokuākea National Marine Sanctuary consists of an area of approximately 582,570 square miles (439,910 square nautical miles) of Pacific Ocean waters surrounding the Northwestern Hawaiian Islands and the submerged lands thereunder. The precise boundary coordinates are listed in appendix A to this subpart. The outer seaward sanctuary boundary begins approximately 200 nautical miles SW of Kure Atoll at Point 1 and continues from this point roughly north to each successive point in numerical order to Point 232 which is approximately 204 nautical miles north of Kure Atoll. From Point 232 the sanctuary boundary continues roughly ESE to each successive point in numerical order to Point 609 which is approximately 200 nautical miles NE of Necker Island. From Point 609 the sanctuary boundary continues south to Point 610 which is approximately 90 nautical miles ENE of Necker Island. From Point 610 the sanctuary boundary continues roughly east and then SE and south to Point 635 which is approximately 50 nautical miles east of Nihoa. From Point 635 the sanctuary boundary continues roughly south and then SW and west to each successive point in numerical order to Point 662 which is approximately 71 nautical miles SW of Nihoa. From Point 662 the sanctuary boundary continues south to Point 663 which is approximately 236 nautical miles SSW of Nihoa. From Point 663 the sanctuary boundary continues roughly NW to each successive point in numerical order to Point 703 which is approximately 200 nautical miles SSE of Necker Island. From Point 703 the boundary continues roughly NW to each successive point in numerical order to Point 1128 where it ends approximately 200 nautical miles SW of Kure Atoll. The inner landward boundary of the sanctuary follows the shoreline as defined by the State of Hawai'i (HAR § 13-222). | ||||
| 15:15:4.1.2.2.13.22.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.241 Definitions. | NOAA | In addition to those definitions found at § 922.11, the following definitions apply to this subpart. To the extent that a term appears in § 922.11 and this section, the definition in this section governs. Areas to be avoided (ATBA) means the four areas, as adopted by the International Maritime Organization, that should be avoided by vessels that are conducting passage without interruption through the sanctuary. The precise boundary coordinates for the ATBAs are listed in appendix E to this subpart. Bottomfish species means all species of bottomfish as defined at 50 CFR 665.201. Categories of hazardous cargoes means goods classified in the International Maritime Dangerous Goods (IMDG) Code; substances classified in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as defined in MARPOL Annex I; noxious liquid substances as defined in MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and radioactive materials specified in the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Waste on Board Ships (INF Code). Commercial fishing means, as defined in the Magnuson-Stevens Fishery Conservation and Management Act, fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. Ecological integrity means a condition determined to be characteristic of an ecosystem that has the ability to maintain the function, structure, and abundance of natural biological communities, including rates of change in response to natural environmental variation. Midway Atoll Special Management Area means the area of the sanctuary surrounding Midway Atoll out to a distance of 12 nautical miles. The coordinates are listed in appendix C to this subpart. Native Haw… | ||||
| 15:15:4.1.2.2.13.22.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.242 Cooperative management. | NOAA | (a) NOAA has primary responsibility for the management of the sanctuary pursuant to the National Marine Sanctuaries Act. As the sanctuary includes State waters, NOAA will co-manage Papahānaumokuākea National Marine Sanctuary with the State of Hawai'i. (b) NOAA will also manage the sanctuary in partnership with the U.S. Fish and Wildlife Service and the Office of Hawaiian Affairs. (c) Nothing in these regulations or establishment of the national marine sanctuary shall diminish U.S. Fish and Wildlife Service's authority to administer Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge under the National Wildlife Refuge System Administration Act, as amended, and other U.S. Fish and Wildlife Service authorities. Where Papahānaumokuākea National Marine Sanctuary overlays Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge, NOAA will implement the National Marine Sanctuaries Act to provide supplemental authority to protect resources. (d) NOAA, in exercising its management authority under National Marine Sanctuaries Act Section 304(d), recognizes U.S. Fish and Wildlife Service's management authority over Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge under the National Wildlife Refuge System Administration Act, as amended. | ||||
| 15:15:4.1.2.2.13.22.17.4 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.243 Access. | NOAA | (a) Access to the Sanctuary is prohibited and thus unlawful except: (1) When conducting emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces in accordance with § 922.244(b) and (c); (2) Pursuant to a permit issued under § 922.245; (3) When conducting non-commercial fishing activities in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act in accordance with § 922.244 (d); (4) When conducting scientific exploration or research activities by or for the Secretary of Commerce or the Secretary of the Interior in the Outer Sanctuary Zone in accordance with § 922.244 (f). (5) When conducting passage without interruption in accordance with paragraphs (b), (c), and (d) of this section. (b) A vessel may pass without interruption through the sanctuary without requiring a permit as long as the vessel does not stop or engage in the prohibited activities listed in § 922.244 within the sanctuary. (c) For areas of the sanctuary that are contained within the reporting area surrounding the Particularly Sensitive Sea Area (PSSA) designated by the International Maritime Organization (IMO), a ship reporting system (CORAL SHIPREP) specified below shall be in effect. The coordinates for the Reporting Area are listed in appendix E to this subpart. (1) The following vessels, except vessels entitled to sovereign immunity under international law, passing through the reporting area of the sanctuary without interruption, must participate in the ship reporting system as specified in paragraphs (c)(2) through (6) of this section: (i) Vessels of the United States of any size; (ii) All other ships 300 gross tonnage or greater that are entering or departing a United States port or place; and (iii) All other ships of any size entering or departing a United States port or place and experiencing an emergency while transiting through the reporting area. (2) All vessels passing through the reporting area of the sanctuary without interrupti… | ||||
| 15:15:4.1.2.2.13.22.17.5 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.244 Prohibited or otherwise regulated activities. | NOAA | (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the sanctuary, except as specified in paragraphs (b) through (f) of this section: (1) Exploring for, developing, or producing oil, gas, or minerals, or any energy development activities; (2) Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a sanctuary resource; (3) Introducing or otherwise releasing an introduced species from within or into the sanctuary; (4) Deserting a vessel; (5) Anchoring on or having a vessel anchored on any living or dead coral with an anchor, anchor chain, or anchor rope; (6) Commercial fishing, or possessing commercial fishing gear except when stowed and not available for immediate use; (7) Failing to comply with the vessel monitoring system requirements in violation of § 922.246. (8) Failing to comply with ship reporting requirements in violation of § 922.243. (9) Non-commercial fishing, or possessing non-commercial fishing gear except when stowed and not available for immediate use; (10) Drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands; (11) Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving sanctuary resource; (12) Attracting any living sanctuary resource; (13) Touching coral, living or dead; (14) Swimming, snorkeling, or closed or open circuit SCUBA diving; (15) Discharging or depositing any material or other matter into the sanctuary, or discharging or depositing any material or other matter outside of the sanctuary that subsequently enters the sanctuary and injures or has the potential to injure any resources of the sanctuary, except for: (i) Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing act… | ||||
| 15:15:4.1.2.2.13.22.17.6 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.245 Permit procedures and criteria. | NOAA | (a) A person may conduct an activity otherwise prohibited by § 922.244(a)(9) through (16), if such activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part, and any additional permit issuance criteria and requirements in paragraphs (a)(1) and (a)(2) of this section. (1) Native Hawaiian Practices (i) The activity is non-commercial and will not involve the sale of any organism or material collected; (ii) The purpose and intent of this activity is appropriate and deemed necessary by traditional standards in the Native Hawaiian culture (pono), and demonstrates an understanding of, and background in, the traditional practice, and its associated values and protocols; (iii) The activity benefits the resources of the Northwestern Hawaiian Islands and the Native Hawaiian community; (iv) The activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern Hawaiian Islands; and (v) Any living sanctuary resource harvested from the sanctuary will be consumed or utilized in the sanctuary. (2) Recreation permits (i) The activity is limited to the Midway Atoll Special Management Area. (ii) The activity is for the purpose of recreational activities as defined in § 922.241; (iii) The activity is not associated with any for-hire operation; (iv) The activity does not involve any extractive use; and (b) Applications for permits should be addressed to the NOAA Inouye Regional Center, Office of National Marine Sanctuaries; ATT: Permit Coordinator, Papahānaumokuākea, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. (c) The Secretary of Commerce may authorize sustenance fishing outside of any Special Preservation Area as a term or condition of any general permit or special use permit issued under this section and subpart D of this part. Sustenance fishing in the Midway Atoll Special Management Area shall not be allowed unless the activ… | ||||
| 15:15:4.1.2.2.13.22.17.7 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.246 Requirements for a vessel monitoring system. | NOAA | (a) Requirement for use. An owner or operator of a vessel that has been issued a general permit or special use permit under § 922.245 and subpart D of this part must ensure that such vessel is operating a NOAA OLE type-approved VMS on board when operating within the sanctuary. An operating VMS includes an operating mobile transmitting unit on the vessel and a functioning communication link between the unit and OLE as provided by an OLE-approved communication service provider. As a condition of authorized access to the sanctuary, a vessel owner or operator subject to the requirements for a VMS in this section must allow OLE, the U.S. Coast Guard, and their authorized officers and designees access to the vessel's position data obtained from the VMS. NOAA may have access to, and use of, collected data for scientific, statistical, and management purposes, and to monitor implementation of this subpart. (b) Installing and activating the VMS. (1) OLE has approval authority over the type of VMS used and the installation and operation of the VMS unit. (2) The owner or operator of a vessel must coordinate with OLE to install and activate an approved VMS prior to operating within the sanctuary. For the purposes of this section, the following contact information applies: (i) OLE. Address: 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone: 808-725-6100; facsimile: 808-725-6199; email: pidvms@noaa.gov; business hours: Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Hawaii Standard Time. (ii) VMS Helpdesk. Telephone: 888-219-9228; email: ole.helpdesk@noaa.gov; business hours: Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time. (c) Interruption of operation of the VMS. When a vessel's VMS is not operating properly within the sanctuary, the owner or operator must immediately contact OLE, and follow instructions from that office. If notified by OLE that a vessel's VMS is not operating properly, the owner and operator must follow instructions from that off… | ||||
| 15:15:4.1.2.2.13.22.17.8 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | W | Subpart W—Papahānaumokuākea National Marine Sanctuary | § 922.247 Sunken military craft. | NOAA | Sunken military craft are administered by the respective Secretary concerned pursuant to the Sunken Military Craft Act (Pub. L. 108-375, Title XIV, sections 1401 to 1408; 10 U.S.C. 113 note). The Director will enter into a Memorandum of Agreement regarding collaboration with other Federal agencies charged with implementing the Sunken Military Craft Act that may address aspects of managing and protecting sunken military craft. The Director will request approval from the Secretary concerned for any terms and conditions of ONMS permits that may involve sunken military craft. | ||||
| 15:15:4.1.2.2.13.3.17.1 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | D | Subpart D—National Marine Sanctuary Permitting | § 922.30 National Marine Sanctuary general permits. | NOAA | [88 FR 962, Jan. 6, 2023, as amended at 89 FR 83594, Oct. 16, 2024; 90 FR 4891, Jan. 16, 2025] | (a) Authority to issue general permits. The Director may allow a person to conduct an activity that would otherwise be prohibited by this part through issuance of a general permit, provided the applicant complies with: (1) The provisions of this subpart; and (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) Sanctuary general permit categories. The Director may issue a sanctuary general permit under this subpart and the relevant site-specific subpart, subject to such terms and conditions as he or she deems appropriate, if the Director finds that the proposed activity falls within one of the following categories or a category in the relevant site-specific subpart: (1) Research—activities that constitute scientific research or scientific monitoring of a national marine sanctuary resource or quality; (2) Education—activities that enhance public awareness, understanding, or appreciation of a national marine sanctuary or national marine sanctuary resource or quality; (3) Management—activities that assist in managing a national marine sanctuary; (4) Jade removal—the removal of loose jade from the Jade Cove area, without the use of pneumatic, mechanical, electrical, hydraulic or explosive tools, within Monterey Bay National Marine Sanctuary that cannot be collected under 15 CFR 922.132(a)(1)(ii) and (iii). Preference will be given for applications proposing to collect loose pieces of jade for research or educational purposes; (5) Tribal self-determination—activities conducted by a Washington Coast treaty tribe and/or its designee as certified by the governing body of the tribe to promote or enhance tribal self-determination, tribal government functions, the exercise of treaty rights, the economic development of the tribe, subsistence, ceremonial and spiritual activities, or the education or training of tribal members (6… | |||
| 15:15:4.1.2.2.13.3.17.2 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | D | Subpart D—National Marine Sanctuary Permitting | § 922.31 National Marine Sanctuary special use permits. | NOAA | [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024] | (a) In general. A person may conduct a specified special use permit activity, if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, manner, terms and conditions of, a special use permit issued under this section. (b) Authority to issue. The Director, at his or her discretion, may issue a special use permit in accordance with this subpart and section 310 of the Act (16 U.S.C. 1441). (c) Public notice. The Director will not issue a special use permit for any category of activity unless the Director has published a notice in the Federal Register that such category of activity is subject to the requirements of section 310 of the Act. (d) Fees. The Director may assess and collect fees for the conduct of any activity authorized by a special use permit issued pursuant to this section. The fee will be assessed in accordance with § 922.35. | |||
| 15:15:4.1.2.2.13.3.17.3 | 15 | Commerce and Foreign Trade | IX | B | 922 | PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS | D | Subpart D—National Marine Sanctuary Permitting | § 922.32 Application requirements and procedures. | NOAA | (a) Submitting applications. Permit applications must be submitted by mail to the address listed in the subpart for the relevant national marine sanctuary or by electronic means as defined in the instructions for the ONMS permit application. Applicants proposing to conduct an activity in more than one national marine sanctuary should send the application to each NOAA office for the relevant national marine sanctuaries in which the activity is proposed. (b) Application requirements. All applications for a permit under this section must include the following information: (1) A detailed description of the proposed activity including: (i) A timetable for completion of the activity; (ii) A detailed description of the proposed location for the activity; and (iii) The equipment, personnel and methodology to be employed; (2) The qualifications and experience of all personnel; (3) The financial resources available to the applicant to conduct and complete the proposed activity and comply with any terms and conditions deemed necessary; (4) A statement as to why it is necessary to conduct the activity within a national marine sanctuary; (5) A description of the potential impacts of the activity, if any, on sanctuary resources and qualities; (6) A description of the benefits the conduct of the activity would have for the national marine sanctuary or national marine sanctuary system; (7) Copies of all other required licenses, permits, approvals, or other authorizations; and (8) Such other information as the Director may request or is specified in the relevant subpart. (c) Additional information. Upon receipt of an application, and as part of the evaluation of the permit application, the Director may: (1) Request such additional information as he or she deems necessary to act on the application; (2) Require a site visit; and (3) Seek the views of any persons. (d) Time limit for submitting additional information. Unless otherwise specified in writing by the Director, any information requested by the Dire… |
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