[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20982-21003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08061]



[[Page 20981]]

Vol. 79

Monday,

No. 71

April 14, 2014

Part II





 Department of Commerce





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National Oceanic and Atmospheric Administration





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15 CFR Part 922





 Proposed Expansion and Regulatory Revision of Gulf of the Farallones 
and Cordell Bank National Marine Sanctuaries; Proposed Rule

  Federal Register / Vol. 79 , No. 71 / Monday, April 14, 2014 / 
Proposed Rules  

[[Page 20982]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 130405335-4240-01]
RIN 0648-BD18


Proposed Expansion and Regulatory Revision of Gulf of the 
Farallones and Cordell Bank National Marine Sanctuaries

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

ACTION: Proposed rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
proposing to expand the boundaries of Gulf of the Farallones National 
Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary 
(CBNMS) to an area north and west of their current boundaries, as well 
as to amend existing sanctuary regulations and add new regulations. 
NOAA is also proposing to revise the corresponding sanctuary terms of 
designation and management plans. The purpose of this action is to 
extend national marine sanctuary protections to an area that has 
nationally significant marine resources and habitats and is the source 
of nutrient-rich upwelled waters for the existing sanctuaries. A draft 
environmental impact statement and draft revised management plans have 
been prepared for this proposed action. NOAA is soliciting public 
comment on the proposed rule, draft environmental impact statement, and 
draft revised management plans.

DATES: Comments on this proposed rule will be considered if received by 
June 30, 2014. Public hearings will be held as detailed below:

(1) Sausalito, CA

    Date: May 22, 2014.
    Location: U.S. Army Corps of Engineers Bay Model Visitor Center.
    Address: 2100 Bridgeway Blvd., Sausalito, CA 94965.
    Time: 6 p.m.

(2) Point Arena, CA

    Date: June 16, 2014.
    Location: Point Arena City Hall.
    Address: 451 School St., Point Arena, CA 95468.
    Time: 6 p.m.

(3) Gualala, CA

    Date: June 17, 2014.
    Location: Gualala Community Center.
    Address: 47950 Center St., Gualala, CA 95445.
    Time: 6 p.m.

(4) Bodega Bay, CA

    Date: June 18, 2014.
    Location: Grange Hall.
    Address: 1370 Bodega Ave., Bodega Bay, CA 94923.
    Time: 6 p.m.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2012-0228, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2012-0228, click the 
``Comment Now!'' icon, complete the required fields and enter or attach 
your comments.
     Mail: Submit written comments to Maria Brown, Sanctuary 
Superintendent, Gulf of the Farallones National Marine Sanctuary, 991 
Marine Drive, The Presidio, San Francisco, CA 94129.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NOAA. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. ONMS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Maria Brown at [email protected] or 
415-561-6622; or Dan Howard at [email protected] or 415-663-0314.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Gulf of the Farallones and Cordell Bank National Marine Sanctuaries

Gulf of the Farallones National Marine Sanctuary
    GFNMS was designated in 1981, and was established to protect and 
preserve a unique and fragile ecological community, including the 
largest seabird colony in the contiguous United States and diverse and 
abundant marine mammals. GFNMS is located along and offshore 
California's north-central coast, west of northern San Mateo, San 
Francisco, Marin and southern Sonoma Counties. GFNMS is composed of 
approximately 1,279 square statute miles (966 square nautical miles) of 
offshore waters extending out to and around the Farallon Islands and 
nearshore waters (up to the mean high water line) from Bodega Head to 
Rocky Point in Marin. The Farallon Islands lie along the outer edge of 
the continental shelf, between 15 and 22 statute miles (13 and 19 nmi) 
southwest of Point Reyes and approximately 30 miles (26 nmi) due west 
of San Francisco. In addition to sandy beaches, rocky cliffs, small 
coves, and offshore stacks, GFNMS includes open bays (Bodega Bay, 
Drakes Bay) and enclosed bays or estuaries (Bolinas Lagoon, Tomales 
Bay, Estero Americano, and Estero de San Antonio). GFNMS is located 
inshore of the California current, and its waters are characterized by 
wind-driven upwelling, localized eddies, counter-current gyres, high 
nutrient supply, and high levels of phytoplankton.
Cordell Bank National Marine Sanctuary
    CBNMS was designated in 1989, and was established to protect and 
preserve the extraordinary ecosystem, including invertebrates, marine 
birds, mammals, and other natural resources, of Cordell Bank and its 
surrounding waters. CBNMS is located offshore of California's north-
central coast, off of Marin County. CBNMS protects an area of 529 
square statute miles (399 square nautical miles). The main feature of 
the sanctuary is Cordell Bank, an offshore granite bank located on the 
edge of the continental shelf, about 49 miles (43 nmi) northwest of the 
Golden Gate Bridge and 23 miles (20 nmi) west of the Point Reyes 
lighthouse. CBNMS is entirely offshore and shares its southern and 
eastern boundary with GFNMS. Similar to GFNMS, CBNMS is located in a 
major coastal upwelling system. The combination of oceanic conditions 
and undersea topography provides for a highly productive environment in 
a discrete offshore area. Prevailing currents push nutrients from 
upwelling southward along the coast, moving nutrients and other prey 
over the upper levels of the Bank. The vertical relief and hard 
substrate of the Bank provide benthic habitat with near-shore 
characteristics in an open ocean environment 23 miles (20 nmi) from 
shore. The combination of sedentary plants and animals typical of 
nearshore waters in close proximity to open ocean species like blue 
whales and albatross creates a rare mix of species and a

[[Page 20983]]

unique biological community at CBNMS.
    The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) 
gives NOAA the authority to expand national marine sanctuaries to meet 
the purposes and policies of the NMSA, including:
     ``. . . to provide authority for comprehensive and 
coordinated conservation and management of these marine areas [national 
marine sanctuaries], and activities affecting them, in a manner which 
complements existing regulatory authorities (16 U.S.C. 1431(b)(2)); 
[and]
     to maintain the natural biological communities in the 
national marine sanctuaries, and to protect, and, where appropriate, 
restore and enhance natural habitats, populations and ecological 
processes . . .'' (16 U.S.C. 1431(b)(3)).

    The NMSA also requires NOAA to periodically review and evaluate 
progress in implementing the management plan and goals for each 
national marine sanctuary. The management plans and regulations must be 
revised as necessary to fulfill the purposes and policies of the NMSA 
(16 U.S.C. 1434(e)) to ensure that each sanctuary continues to best 
conserve, protect, and enhance their nationally significant living and 
cultural resources.

    In addition to expanding the boundaries of GFNMS and CBNMS, the 
proposed action would revise the sanctuaries' management plans. 
Application of the NMSA to the expanded sanctuary boundaries through 
the proposed action would provide comprehensive and coordinated 
management for the Point Arena upwelling area and south to the existing 
national marine sanctuaries. Some of the GFNMS and CBNMS regulations 
would be extended to the expansion area without changes, some 
regulations would be altered, and some new regulations would be added 
in order to best suit the resource protection needs of the expanded 
sanctuaries. The regulatory changes are described in detail below in 
the ``Summary of the Regulatory Amendments'' section. The boundary 
expansion, regulatory changes, and new management plans would result in 
additional safeguards for the resources of the area while facilitating 
uses compatible with resource protection.
    The environmental effects of the proposed expansion of sanctuary 
boundaries and revisions to sanctuary regulations and management plans 
are analyzed in the DEIS. The public is invited to comment on the DEIS 
and draft management plans, which are available at www.regulations.gov/#!docketDetail;D=NOAA-NOS-2012-0228 or http://farallones.noaa.gov/manage/expansion_cbgf.html or may be obtained by contacting the 
individual listed under the heading FOR FURTHER INFORMATION CONTACT.

B. Need for Action

    The proposed action would expand the boundaries of GFNMS and CBNMS 
north and west of the sanctuaries' current boundaries and would include 
waters and submerged lands off of Marin, Sonoma and Mendocino Counties. 
This expansion would add to the National Marine Sanctuary System a 
globally significant coastal upwelling center originating off of Point 
Arena and flowing into GFNMS and CBNMS via wind-driven currents. The 
proposed action would also apply existing regulations into the 
expansion area, amend current regulations for GFNMS and CBNMS, and add 
new regulations. Together these regulatory changes would provide 
comprehensive management and protection of the nationally significant 
resources of the area encompassed by the current sanctuaries and the 
expansion area.
    The proposed expansion area, from the upwelling off the Point Arena 
coast and the waters south to GFNMS and CBNMS, is an integral 
geographic component of the overall marine ecosystem for these 
sanctuaries. The upwelled water, rich with nutrients, that flows from 
the Point Arena upwelling center is the regional ecosystem driver for 
productivity in coastal waters of north-central California. Flowing 
south from Point Arena, the area supports a marine food web made up of 
many species of algae, invertebrates, fish, seabirds, and marine 
mammals. Some species are transitory, travelling hundreds or thousands 
of miles to the region, such as endangered blue whales, albatross, 
shearwaters, king salmon, white and salmon sharks, while others live 
year round in the sanctuaries, such as Dungeness crab, sponges, other 
benthic invertebrates and many species of rockfish. Of note, the 
largest assemblage of breeding seabirds in the contiguous United States 
is at the Farallon Islands, and each year their breeding success 
depends on a healthy and productive marine ecosystem to allow nesting 
adults and fledgling young to feed and flourish. Given that these 
sensitive resources are particularly susceptible to damage from human 
activities, including this area within CBNMS and GFNMS would conserve 
and protect critical resources by preventing or reducing human-caused 
impacts such as marine pollution, and wildlife and seabed disturbance.
    In addition, the proposed action would protect significant 
submerged cultural resources and historical properties, as defined by 
the National Historic Preservation Act and its regulations (historical 
properties include but are not limited to: Artifacts, records, remains 
related to or located in the properties and properties of traditional 
religious and cultural importance to an Indian tribe and that meet the 
National Register criteria). There are several existing state and 
federal laws that provide some degree of protection of historical 
resources, but the State of California regulations only extend 3 
nautical miles offshore and existing federal regulations do not provide 
comprehensive protection of these resources. Records document over 200 
vessel and aircraft losses between 1820 and 1961 along California's 
north-central coast from Bodega Head north to Point Arena. Submerged 
archaeological remnants related to a number of former doghole ports, 
are likely to exist in the area. Doghole ports were small ports on the 
Pacific Coast between Central California and Southern Oregon that 
operated between the mid-1800s until 1939. Such archaeological remnants 
could include landings, wire, trapeze loading chutes and offshore 
moorings.
    While there is no documentation of submerged Native American human 
settlements in the proposed boundary expansion area, some may exist 
there, since Coast Miwok and Pomo peoples have lived and harvested the 
resources of this abundant marine landscape for thousands of years. Sea 
level rise at the end of the last great Ice Age inundated a large area 
that was likely used by these peoples when it was dry land. The 
proposed action would prohibit possession, moving, removing, or 
injuring sanctuary historical resources.

C. History of the Proposed Boundary Expansion

    In 2001, NOAA received public comment during the joint management 
plan review scoping meetings requesting that GFNMS and CBNMS be 
expanded north and west. Since 2003, sanctuary advisory councils for 
both national marine sanctuaries have regularly discussed and supported 
boundary expansion northward and westward at advisory council meetings, 
which are open to the public. In addition to the public and advisory 
council input, legislation was proposed between 2004 and 2011 by then-
Congresswoman Lynn Woolsey, Senator Barbara Boxer, and cosponsors, to 
expand and protect GFNMS and CBNMS, but was never passed by Congress. 
Congressional, public, and

[[Page 20984]]

NOAA interest in expanding CBNMS and GFNMS stemmed from a desire to 
protect the biologically rich underwater habitat and important 
upwelling center off Point Arena, which, as described, is the source of 
nationally significant nutrient-rich waters.
    The sanctuary advisory councils formally expressed support for the 
proposed boundary expansion and protection legislation in four 
resolutions. On April 19, 2007, the Gulf of the Farallones Advisory 
Council passed a resolution supporting sanctuary boundary expansion. On 
September 19, 2007, the CBNMS Advisory Council passed a resolution 
supporting protection for Bodega Canyon via proposed legislation. On 
December 13, 2007, the GFNMS Advisory Council passed another resolution 
supporting legislation to expand the sanctuaries. On November 11, 2011, 
the GFNMS Advisory Council passed a third resolution which acknowledged 
the legislation under consideration at that time and again supported 
expanding the GFNMS and CBNMS boundaries.
    As a result of the public interest in boundary expansion and the 
potential need for and benefits from additional resource protection, in 
2008 NOAA included boundary expansion actions in the revised management 
plans for CBNMS and GFNMS. The strategies (GFNMS Resource Protection 
Action Plan, Strategy RP-9 and CBNMS Administration Action Plan, 
Strategy AD-10) indicated the sanctuary managers would develop a 
framework to evaluate boundary alternatives, with public input. Some of 
the recommended criteria included consideration of boundary changes 
that would: Be inclusive and ensure the maintenance of the area's 
natural ecosystem, including its contribution to biological 
productivity; be biogeographically representative; facilitate, to the 
extent compatible with the primary objective of resource protection, 
public and private uses of the marine resources; and provide additional 
comprehensive and coordinated management of the area.
    Due to continued interest in expanding GFNMS and CBNMS, NOAA, in 
compliance with Section 304(e) of the NMSA, conducted public scoping 
from December 21, 2012, to March 1, 2013 (77 FR 75601), to identify 
issues associated with a proposed expansion. NOAA held three public 
scoping meetings during this period: One in Bodega Bay in January 2013, 
one in Point Arena in February 2013, and one in Gualala in February 
2013. These public meetings were attended by several hundred people. 
NOAA received more than 300 written submissions, along with the oral 
comments received during the three public scoping meetings, posted 
under docket number NOAA-NOS-2012-0228 on www.regulations.gov.
    Comments received during this process were analyzed by ONMS staff, 
and are addressed in the accompanying draft environmental impact 
statement, with analysis of the proposed action and four alternatives. 
Scoping revealed wide support for the protection of areas in Sonoma and 
southern Mendocino Counties, as well support for the area included in 
the proposed expansion. Some commenters also suggested the protection 
of areas further north and south of the proposed expansion or other 
alternate boundary configurations for expanding the boundaries of GFNMS 
and CBNMS. Whereas some commenters were opposed to expanding the 
sanctuaries or specific sanctuary regulations, there was generally 
strong support for extending existing sanctuary regulations to the 
proposed expanded area, including prohibitions on oil and gas 
development. Many commenters also indicated opposition to any future 
regulations of fishing under the NMSA. Other comments focused on: 
Operation of motorized personal watercraft use in the expanded portions 
of GFNMS; protection of wildlife from human disturbance; and future 
development of alternative energy and aquaculture.
    During the development of this action, it became clear that a 
wholesale extension of GFNMS and CBNMS regulations to the respective 
expansion areas would not be the most judicious approach in order to 
meet the goals of providing resource protection and allowing compatible 
uses. Therefore, NOAA is proposing to extend some of the regulations 
unchanged to the proposed expansion area, amend some of the existing 
regulations that would apply to both the existing sanctuaries and the 
proposed expansion area, and add some new regulations.
    Additional information on the background of the proposed action is 
available at http://farallones.noaa.gov/manage/expansion_cbgf.html.

II. Summary of Proposed Changes to the Sanctuary Terms of Designation

    Section 304(a)(4) of the NMSA requires that the terms of 
designation for national marine sanctuaries include: (1) The geographic 
area included within the Sanctuary; (2) the characteristics of the area 
that give it conservation, recreational, ecological, historical, 
research, educational, or esthetic value; and (3) the types of 
activities subject to regulation by NOAA to protect those 
characteristics. This section also specifies that the terms of the 
designation may be modified only by the same procedures by which the 
original designation is made.
    To implement this action, NOAA is proposing changes to the GFNMS 
and CBNMS terms of designation, which were last published in the 
Federal Register on November 20, 2008 (73 FR 70488).

A. Revisions to the GFNMS Terms of Designation

    NOAA is proposing to revise the GFNMS terms of designation to:
    1. Update the title by adding ``Terms of'' and removing 
``Document.''
    2. Modify the geographical description of the sanctuary in the 
preamble.
    3. Modify Article I ``Effect of Designation'' by referring 
specifically to Gulf of the Farallones National Marine Sanctuary.
    4. Modify Article II ``Description of the Area'' by updating the 
description of the size of the sanctuary and describing the proposed 
new boundary for the sanctuary.
    5. Modify Article III ``Characteristics of the Area That Give It 
Particular Value'' by updating the description of the nationally 
significant characteristics of the area to include the globally 
significant coastal upwelling center.
    6. Modify Article IV ``Scope of Regulation'' by updating Section 1 
to include: A more complete description of ``hydrocarbon operations''; 
adding ``minerals'' to what had been ``hydrocarbon operations''; and 
adding a new subsection I, ``Interfering with an investigation, search, 
seizure, or disposition of seized property in connection with 
enforcement of the Act or Sanctuary regulations'', and ``In addition, 
under no circumstances would a permit or authorization be issued for 
exploring for, developing or producing oil, gas, or minerals within the 
Sanctuary.''
    7. Modify Article V ``Relation to Other Regulatory Programs'' by 
updating Section 3 to include the dates of designation and expansion 
used for certification.
    The revised terms of designation are proposed to read as follows 
(new text in quotes and deleted text in brackets and italics): This 
proposed rule provides only those articles and sections of the terms of 
designation for GFNMS for which NOAA proposes a change. The full text 
for the current GFNMS terms of designation may be found at: 
Farallones.noaa.gov/manage/pdf/

[[Page 20985]]

GFNMS--Revised--Designation--11-20-2008.pdf.

Terms of Designation for the Gulf of the Farallones National Marine 
Sanctuary

Preamble

    Under the authority of Title III of the Marine Protection, 
Research and Sanctuaries Act of 1972, Public Law 92-532 (the Act), 
the waters and submerged lands along the Coast of California [north 
and ]south of ``Alder Creek along the 39th parallel''[Point Reyes 
Headlands], between ``Manchester Beach in Mendocino County''[Bodega 
Head] and Rocky Point ``in Marin County'' and surrounding the 
Farallon Islands ``and Noonday Rock along the northern coast of 
California,'' are hereby designated a National Marine Sanctuary for 
the purposes of preserving and protecting this unique and fragile 
ecological community.

Article I. Effect of Designation

    Within the area [designated in 1981 as The Point Reyes/Farallon 
Islands National Marine Sanctuary (the Sanctuary) ]described in 
Article II, the Act authorizes the promulgation of such regulations 
as are reasonable and necessary to protect the values of the ``Gulf 
of the Farallones National Marine'' Sanctuary ``(the Sanctuary)''. 
Section 1 of Article IV of th``ese''[is] ``Terms of'' Designation [ 
Document] lists activities of the types that are either to be 
regulated on the effective date of final rulemaking or may have to 
be regulated at some later date in order to protect Sanctuary 
resources and qualities. Listing does not necessarily mean that a 
type of activity will be regulated; however, if a type of activity 
is not listed it may not be regulated, except on an emergency basis, 
unless section 1 of Article IV is amended to include the type of 
activity by the same procedures by which the original designation 
was made.

Article II. Description of the Area

    The Sanctuary consists of an area of the waters and the 
submerged lands thereunder adjacent to the coast of California of 
approximately ``2,490''[966] square nautical miles (nmi)[,]. ``The 
boundary'' extend``s''[ing] seaward to a distance of ``30''[6] nmi 
``west'' from the mainland ``at Manchester Beach and extends south 
approximately 45 nmi to the northwestern corner of Cordell Bank 
National Marine Sanctuary (CBNMS), and extends approximately 38 nmi 
east along the northern boundary of CBNMS, approximately 7 nmi west 
of Bodega Head. The boundary extends'' from [ Point Reyes to] Bodega 
Bay ``to Point Reyes'' and 12 nmi west from the Farallon Islands and 
Noonday Rock, and includ``es''[ing] the intervening waters and 
submerged lands. ``The Sanctuary includes Bolinas Lagoon, Tomales 
Bay, Giacomini Wetland, Estero de San Antonio (to the tide gate at 
Valley Ford-Franklin School Road) and Estero Americano (to the 
bridge at Valley Ford-Estero Road), as well as Bodega Bay, but does 
not include Bodega Harbor, the Salmon Creek Estuary, the Russian 
River Estuary, the Gualala River Estuary, the Arena Cove Pier or the 
Garcia River Estuary''. The precise boundaries are defined by 
regulation.

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

    The Sanctuary ``encompasses a globally significant coastal 
upwelling center that'' includes a rich and diverse marine ecosystem 
and a wide variety of marine habitats, including habitat for over 36 
species of marine mammals. Rookeries for over half of California's 
nesting marine bird populations and nesting areas for at least 12 of 
16 known U.S. nesting marine bird species are found within the 
boundaries. Abundant populations of fish and shellfish are also 
found within the Sanctuary. The Sanctuary also has one of the 
largest seasonal concentrations of adult white sharks (Carcharodon 
carcharias) in the world. ``The area adjacent to and offshore of 
Point Arena, due to seasonal winds, currents and oceanography, 
drives one of the most prominent and persistent upwelling centers in 
the world, supporting the productivity of the sanctuary. The 
nutrient-rich water carried down coast by currents promote thriving 
nearshore kelp forests, productive commercial and recreational 
fisheries, and diverse wildlife assemblages. Large predators, such 
as white sharks, sea lions, killer whales, and baleen whales, travel 
from thousands of miles away to feed in these productive waters. 
Rocky shores along the Sonoma and Mendocino County coastlines are 
largely intact, and teem with crustaceans, algae, fish and birds.''

Article IV. Scope of Regulation

Section 1. Activities Subject to Regulation

    The following activities are subject to regulation, including 
prohibition, as may be necessary to ensure the management, 
protection, and preservation of the conservation, recreational, 
ecological, historical, cultural, archeological, scientific, 
educational, and aesthetic resources and qualities of this area:
    a. [Hydrocarbon operations] ``Exploring for, developing or 
producing oil, gas, or minerals within the Sanctuary'';
    b. Discharging or depositing any substance within or from beyond 
the boundary of the Sanctuary;
    c. Drilling into, dredging, or otherwise altering the submerged 
lands of the Sanctuary; or constructing, placing, or abandoning any 
structure, material, or other matter on or in the submerged lands of 
the Sanctuary;
    d. Activities regarding cultural or historical resources;
    e. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species;
    f. Taking or possessing any marine mammal, marine reptile, or 
bird within or above the Sanctuary except as permitted by the Marine 
Mammal Protection Act, Endangered Species Act, and Migratory Bird 
Treaty Act;
    g. Attracting or approaching any animal;
    h. Operating a vessel (i.e., watercraft of any description) 
within the Sanctuary[.] ``; and
    i. Interfering with an investigation, search, seizure, or 
disposition of seized property in connection with enforcement of the 
Act or Sanctuary regulations.
    In addition, a permit or authorization may not be issued for 
exploring for, developing or producing oil, gas, or minerals within 
the Sanctuary under any circumstances.''
    . . .

Article V. Relation to Other Regulatory Programs

    . . .

Section 3. Other Programs

    All applicable regulatory programs will remain in effect, and 
all permits, licenses, ``approvals,'' and other authorizations 
issued [pursuant thereto] ``after January 16, 1981, with respect to 
activities conducted within the original Sanctuary boundary and 
after the effective date of the expansion of the Sanctuary with 
respect to activities conducted within the expansion area'' will be 
valid within the Sanctuary unless authorizing any activity 
prohibited by any regulation implementing Article IV. ``No valid 
lease, permit, license, approval or other authorization for 
activities in the expansion area of the Sanctuary issued by any 
federal, State, or local authority of competent jurisdiction and in 
effect on the effective date of the expansion may be terminated by 
the Secretary of Commerce or by his or her designee provided the 
holder of such authorization complies with the certification 
procedures established by Sanctuary regulations.'' [The Sanctuary 
regulations shall set forth any necessary pertaining to 
certification procedures in order for them to remain valid.]
    . . .

[End Of Terms Of Designation]

B. Revisions to the CBNMS Terms of Designation

    NOAA is revising the CBNMS terms of designation to:
    1. Update the title by adding ``Terms of'', removing 
``Document'', and making minor technical changes.
    2. Modify the Preamble to add ``Bodega Canyon'' and ``submerged 
lands'' as part of the area designated the Cordell Bank National 
Marine Sanctuary, and making minor technical changes.
    3. Modify Article I ``Effect of Designation'' by making minor 
technical changes.
    4. Modify Article II ``Description of the Area'' by changing the 
description of the size of the sanctuary and describing the proposed 
new boundary for the sanctuary.
    5. Modify Article III ``Characteristics of the Area That Give It 
Particular Value'' by updating the description of the nationally 
significant characteristics of the area to include Bodega Canyon and 
the additional area in the Sanctuary.
    6. Modify Article IV ``Scope of Regulation'' by updating section 
1, subsection c, to include a more complete description of 
``hydrocarbon operations'' and adding ``minerals'' to what had been 
``hydrocarbon operations''; and by adding a new subsection i to 
section 1, ``Interfering with an investigation, search, seizure, or 
disposition of seized property in connection with enforcement of the 
Act or Sanctuary regulations'', and by adding ``In addition, under 
no circumstances would a permit or

[[Page 20986]]

authorization be issued for exploring for, developing or producing 
oil, gas, or minerals within the Sanctuary.''
    7. Modify Article V ``Relation to Other Regulatory Programs'' by 
updating section 3 to include the dates of designation and expansion 
used for certification.
    This proposed rule provides only those articles and sections for 
the terms of designation for CBNMS for which NOAA proposes a change. 
The full text for the current CBNMS terms of designation may be 
found at cordellbank.noaa.gov/library/74_fr_12088.pdf. The revised 
CBNMS terms of designation are proposed to read as follows (new text 
in quotes and deleted text in brackets and italics):

Terms Of Designation For The Cordell Bank National Marine Sanctuary

Preamble

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

Article 1. Effect of Designation

    The Sanctuary was designated on May 24, 1989 (54 FR 22417). 
Section 308 of the National Marine Sanctuaries Act, 16 U.S.C. 1431 
et seq. (NMSA), authorizes the issuance of such regulations as are 
necessary to implement the designation, including managing, 
protecting and conserving the conservation, recreational, 
ecological, historical, cultural, archeological, scientific, 
educational, and aesthetic resources and qualities of the Sanctuary. 
Section 1 of Article IV of th``ese''[is] ``Terms of'' Designation 
[Document] lists activities of the types that are either to be 
regulated on the effective date of final rulemaking or may have to 
be regulated at some later date in order to protect Sanctuary 
resources and qualities. Listing does not necessarily mean that a 
type of activit``y''[ies] will be regulated; however, if a type of 
activity is not listed it may not be regulated, except on an 
emergency basis, unless Section 1 of Article IV is amended to 
include the type of activity by the same procedures by which the 
original designation was made.

Article II. Description of the Area

    The Sanctuary consists of a``n approximately 971''[399] square 
nautical mile area of marine waters and the submerged lands 
thereunder encompassed by a ``northern'' boundary [extending 
approximately 250[deg] from the northernmost]'' that begins 
approximately 6 nautical miles west of Bodega Head in Sonoma County, 
California and extends west approximately 38 nautical miles, 
coterminous with the'' boundary of the Gulf of the Farallones 
National Marine Sanctuary (GFNMS). ``From that point, the western 
boundary of the Sanctuary extends south approximately 34 nautical 
miles. From that point, the southern boundary of the Sanctuary 
continues east 15 nautical miles, where it intersects the GFNMS 
boundary. The eastern boundary of the Sanctuary is coterminous with 
the GFNMS boundary, and is a series of straight lines connecting in 
sequence,'' [to the 1,000 fathom isobath northwest of the Bank, then 
south along this isobath to the GFNMS boundary and back to the 
northeast along this boundary] to the beginning point. The precise 
boundaries are set forth in the regulations.

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

    Cordell Bank ``and Bodega Canyon are'' [is] characterized by a 
combination of oceanic conditions and undersea topography that 
provides for a highly productive environment in a discrete, well-
defined area. In addition, the Bank, ``Canyon,'' and ``their'' [its] 
surrounding waters may contain historical resources of national 
significance. The Bank consists of a series of steep-sided ridges 
and narrow pinnacles rising from the edge of the continental shelf. 
``The Bank is'' [It lies on a plateau] 300-400 feet (91-122 meters) 
deep and ascends to within [about] 115 feet (35 meters) of the 
surface at its shallowest point. ``Bodega Canyon is about 12 miles 
(10.8 nautical miles) long and is over 5,000 feet (1,524 m) deep.'' 
The seasonal upwelling of nutrient-rich bottom waters and wide depth 
ranges in the vicinity, have led to a unique association of subtidal 
and oceanic species. The vigorous biological community flourishing 
at Cordell Bank ``and Bodega Canyon'' includes an exceptional 
assortment of [algae,] invertebrates, fishes, marine mammals and 
seabirds. ``Predators travel from thousands of miles away to feed in 
these productive waters.''

Article IV. Scope of Regulation

Section 1. Activities Subject to Regulation

    The following activities are subject to regulation, including 
prohibition, as may be necessary to ensure the management, 
protection, and preservation of the conservation, recreational, 
ecological, historical, cultural, archeological, scientific, 
educational, and aesthetic resources and qualities of this area:
    a. Depositing or discharging any material or substance;
    b. Removing, taking, or injuring or attempting to remove, take, 
or injure benthic invertebrates or algae located on the Bank or on 
or within the line representing the 50 fathom isobath surrounding 
the Bank;
    c. ``Exploring for, developing or producing oil, gas or minerals 
within the Sanctuary''[Hydrocarbon (oil and gas) activities within 
the Sanctuary];
    d. Anchoring on the Bank or on or within the line representing 
the 50 fathom contour surrounding the Bank;
    e. Activities regarding cultural or historical resources;
    f. Drilling into, dredging, or otherwise altering the submerged 
lands of the Sanctuary; or constructing, placing, or abandoning any 
structure, material, or other matter on or in the submerged lands of 
the Sanctuary;
    g. Taking or possessing any marine mammal, marine reptile, or 
bird except as permitted under the Marine Mammal Protection Act, 
Endangered Species Act or Migratory Bird Treaty Act; [and]
    h. Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species[.]''; and
    i. Interfering with an investigation, search, seizure, or 
disposition of seized property in connection with enforcement of the 
Act or Sanctuary regulations.

In addition, a permit or authorization may not be issued for 
exploring for, developing or producing oil, gas, or minerals within 
the Sanctuary under any circumstances.''
    . . .

Article V. Relation to Other Regulatory Programs

    . . .

Section 3. Other Programs

    All applicable regulatory programs shall remain in effect, and 
all permits, licenses, approvals, and other authorizations issued 
``after July 31, 1989, with respect to activities conducted within 
the original Sanctuary boundary and after the effective date of the 
expansion of the Sanctuary with respect to activities conducted 
within the expansion area'' pursuant to those programs shall be 
valid unless prohibited by regulations implementing Article IV.
    . . .

[End Of Terms Of Designation]

III. Summary of the Regulatory Amendments

    With this action, NOAA is proposing to do the following:

--Amend the regulations describing the sanctuary boundaries in order 
to expand the sanctuaries;
--Extend existing sanctuary regulations to the expansion area 
without any changes;
--Amend existing sanctuary regulations that apply in either or both 
existing and expansion areas; and
--Add new regulations.

Gulf of the Farallones National Marine Sanctuary Regulations

    The proposed new boundary for GFNMS would increase the size of 
the sanctuary from approximately 1,279 square miles to 3,297 square 
miles and would extend protection to the submerged lands and the 
globally-significant coastal upwelling center at Point Arena and the 
nutrient-rich waters that flow via wind-driven currents from the 
upwelling center into the existing portions of GFNMS. These 
nutrients are the foundation of the food-rich environment of the 
sanctuary.
    This section describes the changes NOAA is proposing to make to 
the regulations for GFNMS to implement the proposed expansion of the 
sanctuary, which is the basis for this rulemaking. It is organized 
by type of regulatory amendments as follows:

--It includes proposed changes to the boundary description;
--It would apply existing regulations without changes to the 
proposed expansion area for

[[Page 20987]]

certain regulations and exceptions related to discharge, altering 
the seabed, taking and possessing certain species, disturbing 
historical resources, introducing introduced species, attracting 
white sharks, deserting a vessel, exemptions for Department of 
Defense and emergency response, and permit criteria and 
requirements;
--It would amend several existing regulations and apply them to 
either or both the existing sanctuary and proposed expansion area 
including prohibiting oil, gas and minerals exploration, discharging 
graywater, operating motorized personal watercrafts, flying 
aircrafts below 1,000 feet in certain designated zones, sailing 
cargo vessels in certain designated zones, approaching white sharks 
in certain designated zones, and minor technical changes to boundary 
coordinates;
--It would add new regulations related to interference with an 
investigation and the ability for NOAA to authorize certain 
activities otherwise prohibited.

Boundary Expansion

    NOAA is proposing to modify the boundary of GFNMS to include the 
coastal waters and submerged lands north of the current sanctuary 
extending to the 39th parallel, just north of Point Arena in 
Mendocino County, and extending seaward to the continental slope to 
approximately the 10,000-foot (1,667-fathom) depth contour. NOAA is 
also proposing to clarify that the boundary of GFNMS includes the 
restored Giacomini Wetland at the northeastern end of Tomales Bay to 
the Mean High Water Line consistent with current sanctuary 
regulations. The combined expanded boundary would increase the size 
of the sanctuary from 1,279 square miles (966 square nautical miles) 
to 3,297 square miles (2,490 square nautical miles). The expanded 
area would extend shoreward to the Mean High Water Line, but would 
not include Salmon Creek Estuary, the Russian River Estuary, the 
Gualala River Estuary, Arena Cove east of the pier or the Garcia 
River Estuary. The southern boundary and portions of the western 
boundary of GFNMS would be coterminous with CBNMS. A map of the area 
under consideration may be found online at http://farallones.noaa.gov/manage/expansion_cbgf.html.

Application of Existing Regulations Without Changes to Proposed 
Expansion Area

Prohibition on Certain Discharges

    Generally, discharging or depositing any material or other 
matter from within or into the sanctuary are prohibited in the 
existing sanctuary and would be prohibited in the proposed expansion 
area as well. The exceptions currently in place for some activities 
would apply in the proposed expansion area as well and are described 
below. The prohibition would apply not only to discharges and 
deposits originating in the sanctuary (e.g., from vessels in the 
sanctuary), but also, for example, from discharges and deposits 
occurring above the sanctuaries. A description of the impacts of 
this discharge regulation can be found in the discussion of the 
proposed action in the DEIS published concurrently with this 
proposed rule. NOAA is proposing to extend the following exceptions 
to the GFNMS discharge/deposit prohibition to the expansion area:
    1. The discharge/deposit of fish, fish parts, chumming materials 
or bait would be allowed as long as it occurred during the conduct 
of lawful fishing activities within the sanctuary.
    2. The discharge/deposit of clean effluent generated incidental 
to vessel use and generated by a Type I or II marine sanitation 
device approved by the United States Coast Guard in accordance to 
section 312 of the Federal Water Pollution Control Act, as amended, 
(FWPCA; 33 U.S.C. 1322) would be allowed for vessels less than 300 
gross registered tons (GRT) or for vessels 300 GRT or above without 
sufficient holding tank capacity to hold sewage while within the 
sanctuary.
    3. The discharge/deposit of clean vessel engine cooling water, 
clean vessel generator cooling water, clean bilge water, anchor 
wash, vessel engine or generator exhaust from all vessels, including 
cruise ships, would be allowed. An additional exception of clean 
vessel deck wash down would apply to all vessels other than cruise 
ships. The discharge/deposit of oily waste from bilge pumping would 
be prohibited from any vessel if the waste contained any detectable 
levels of harmful matter. In this case, a detectable level of oil 
would be interpreted to include anything that produced a visible 
sheen.

Prohibition on Construction on and Alteration to the Seabed

    NOAA proposes to extend to the proposed expansion area for GFNMS 
a provision that would prohibit constructing any structure other 
than a navigation aid on or in the submerged lands of the Sanctuary; 
placing or abandoning any structure on or in the submerged lands of 
the Sanctuary; or drilling into, dredging, or otherwise altering the 
submerged lands of the Sanctuary in any way. This provision would 
include four existing exceptions to this prohibition: (1) Anchoring 
vessels; (2) while conducting lawful fishing activities; (3) routine 
maintenance and construction of docks and piers on Tomales Bay; or 
(4) mariculture activities conducted pursuant to a valid lease, 
permit, license or other authorization issued by the State of 
California.

Prohibit the Take and Possession of Certain Species

    NOAA proposes to extend to the proposed expansion area for GFNMS 
an existing provision that would prohibit the taking or possession 
of any marine mammal, sea turtle or bird within or above the 
sanctuary unless it is authorized by the Marine Mammal Protection 
Act, as amended, (MMPA; 16 U.S.C. 1361 et seq.), Endangered Species 
Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird 
Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., or any 
regulation, as amended, promulgated under the MMPA, ESA, or MBTA. A 
description of the impacts of this regulation can be found in the 
discussion of the proposed action in the DEIS published concurrently 
with this proposed rule.

Prohibit the Disturbance of Historic Resources

    NOAA proposes to extend to the proposed expansion area for GFNMS 
an existing provision that would prohibit possessing, moving, 
removing, or injuring, or attempting to possess, move, remove or 
injure a sanctuary historical resource in the sanctuary. A 
description of the impacts of this regulation can be found in the 
discussion of the proposed action in the DEIS published concurrently 
with this proposed rule.

Prohibit the Introduction of Introduced Species

    Currently, the introduction of introduced species is prohibited 
in the federal waters of GFNMS, with the exception of catch and 
release of striped bass (Morone saxatilis). In a separate 
rulemaking, NOAA proposed to amend the regulation pertaining to 
introduced species (79 FR 17073). This separate rulemaking would 
provide an exception for the introduction of non-native shellfish 
species for cultivation by mariculture activities in Tomales Bay, if 
such activity is specifically authorized by any valid Federal, 
State, or local lease, permit, license, approval, or other 
authorization and subsequently authorized by the sanctuary pursuant 
to 15 CFR 922.49 and 922.82. It would also give NOAA the ability to 
consider and authorize new or amended existing operations of 
commercial mariculture activities in state waters involving certain 
introduced species of shellfish that are determined to be non-
invasive, including in Tomales Bay.
    With this action, NOAA proposes to extend to the proposed 
expansion area for GFNMS the existing provision that prohibits the 
introduction of introduced species in the sanctuary as well as the 
new provisions that will result from the ongoing separate rulemaking 
mentioned above.

Prohibit White Shark Attraction and Approach

    NOAA proposes to extend to the proposed expansion area for GFNMS 
an existing provision that would prohibit attracting a white shark 
anywhere within GFNMS.

Prohibit the Desertion of Vessels

    NOAA proposes to extend to the proposed expansion area for GFNMS 
an existing provision that would prohibit deserting a vessel 
aground, at anchor, or adrift in the Sanctuary. NOAA also proposes 
to extend to the proposed expansion area for GFNMS an existing 
provision that would prohibit leaving harmful matter aboard a 
grounded or deserted vessel in the GFNMS. A description of the 
impacts of this regulation can be found in the discussion of the 
proposed action in the DEIS published concurrently with this 
proposed rule.

Exemption for Department of Defense Activities

    NOAA proposes to extend to the GFNMS expansion area an existing 
exemption for Department of Defense (DOD) activities necessary for 
national defense, provided such

[[Page 20988]]

activities are conducted on or prior to the effective date of GFNMS 
designation or GFNMS expansion. DOD activities necessary for 
national defense initiated after the effective date of designation 
or expansion could be exempted after consultation with the Sanctuary 
Superintendent, with authority delegated from the ONMS Director. DOD 
activities not necessary for national defense, such as routine 
exercises and vessel operations, would be subject to all 
prohibitions that apply to GFNMS.

Exemption for Emergencies

    NOAA proposes to extend to the proposed expansion area for GFNMS 
a provision that would exempt from sanctuary regulations for 
activities necessary to respond to an emergency threatening life, 
property, or the environment.

Exemption for Permitted Activities

    NOAA proposes to extend to the expanded area an exemption for 
activities that are permitted by the Sanctuary Superintendent, with 
authority delegated from the ONMS Director, in accordance with the 
permit issuance criteria found in 15 CFR 922.48 and 15 CFR 922.83. 
It is important to note that permits would only be available for 
activities that violate the regulations at 15 CFR 922.83(a)(2) 
through (a)(16). No permit could be issued for activities that 
violate 15 CFR 922.83(a)(1) which prohibit the exploration for, 
development, or production of oil, gas or minerals within the 
sanctuary. A Sanctuary Superintendent may issue a sanctuary permit 
to: (1) Further research or monitoring related to sanctuary 
resources and qualities; (2) further the educational value of the 
sanctuary; (3) further salvage or recovery operations; or (4) assist 
in managing the sanctuary.

Amend Existing Regulations

Regulations That Would Apply to Both Existing Sanctuary and 
Proposed Expansion Area

Prohibition on Oil, Gas, or Minerals Exploration

    NOAA is proposing to extend the current GFNMS regulations 
pertaining to oil and gas exploration, development, and production 
to the proposed expanded area, as well as making some amendments to 
the regulation that would apply both to the current GFNMS as well as 
the proposed expanded area, as described below.
    1. NOAA is proposing to amend the current GFNMS regulation to 
also prohibit exploring for, developing, or producing minerals 
within the current boundary as well as the expansion area of GFNMS 
to be consistent with CBNMS and Monterey Bay National Marine 
Sanctuary, which are both adjacent to and abutting GFNMS. No 
commercial exploration, development, or production of minerals is 
currently conducted, nor is such activity anticipated in the near 
future.
    2. NOAA is proposing to remove the exception for laying 
pipelines related to hydrocarbon operations adjacent to the 
sanctuary. There are no existing or proposed oil or gas pipelines in 
the vicinity and no currently planned or reasonably foreseeable oil 
or gas development projects or leases that would necessitate 
pipelines. Should an oil or gas pipeline be proposed in the future, 
the new proposed authorization process (described below) could be 
used to allow such a use.

Prohibition on Certain Discharges

    The discharge/deposit of graywater as defined by section 312 of 
the FWPCA by vessels less than 300 GRT, or vessels 300 GRT or 
greater without sufficient holding tank capacity to hold graywater 
while within the sanctuary would be excepted from the discharge 
prohibition. This new exception is intended to allow small vessels 
producing a small amount of clean graywater to continue operating 
within the sanctuary. This new exception would not apply to cruise 
ships. It would allow some vessels to discharge clean graywater 
within the sanctuary (which is currently prohibited) as well as in 
the proposed expansion area. Since the sanctuary would be expanded 
and the adjacent CBNMS would be expanded, the larger area may make 
it difficult for some larger vessels lacking holding capacity to 
hold graywater discharges while transiting through the sanctuaries. 
By allowing this discharge, non-cruise ship vessels would not be 
forced to hold all graywater and would have the option of 
discharging clean graywater in the sanctuary, consistent with the 
existing provisions in MBNMS and state and federal regulations. 
However, larger vessels greater than 300 GRT that have holding 
capacity would be prohibited from discharging gray water anywhere in 
the sanctuary.
    This rule would extend to the proposed expansion area for GFNMS 
an existing provision that also prohibits the discharge/deposit 
originating outside the boundary of GFNMS that subsequently would 
enter the sanctuary and injure a sanctuary resource or quality. This 
existing regulation would be applied to the expansion area with the 
addition of the exception for a vessel less than 300 GRT or a vessel 
300 GRT or greater without sufficient holding capacity to hold the 
graywater while within the Sanctuary, as mentioned above. A 
description of the impacts of this regulation can be found in the 
discussion of the proposed action in the DEIS published concurrently 
with this proposed rule.

Modification of the Prohibition on Operating Motorized Personal 
Watercraft

    GFNMS regulations prohibit the operation of all motorized 
personal watercraft (MPWC), except for emergency search and rescue 
missions or law enforcement operations (other than routine training 
activities) carried out by the National Park Service, U.S. Coast 
Guard, Fire or Police Departments or other Federal, State or local 
jurisdictions. MPWC, which are often referred to as 
``jetskis''[supreg] or simply ``skis,'' include several small vessel 
designs that share similar performance characteristics. NOAA has 
restricted the use of MPWC within various sanctuaries when MPWC 
operation poses a unique and significant threat of disturbance to 
sanctuary habitats and wildlife through repetitive operation within 
sensitive environments. NOAA's assessments of MPWC impacts indicate 
that unrestricted access to all reaches of the sanctuary by such 
craft are likely to pose a threat to wildlife and other ocean users. 
Some MPWC operators commonly accelerate and decelerate repeatedly 
and unpredictably, travel at rapid speeds directly toward shore, and 
may maneuver close to rocks. Thus wildlife disturbance impacts from 
MPWC tend to be more likely than those from motorboat use, due to 
impacts in ecologically sensitive areas, often in nearshore 
locations. More detailed information on the impacts of MPWC can be 
found in the discussion of the proposed action in the DEIS published 
concurrently with this proposed rule.
    NOAA proposes to extend the current regulation to the proposed 
expanded area, but would modify it to allow for the use of a MPWC 
equipped with a functioning Global Positioning System (GPS) unit 
within four newly designated zones within the sanctuary expansion 
area, as described in the next section.

Regulations That Would Apply Only to Existing Sanctuary Area

Prohibit Low Flying Aircraft in Designated Zones

    Currently NOAA prohibits disturbing marine mammals or seabirds 
by flying motorized aircraft at less than 1,000 feet over the waters 
within one nautical mile of the Farallon Islands, Bolinas Lagoon, or 
any Area of Special Biological Significance (ASBS, see description 
below), except to transport persons or supplies to or from the 
Islands or for enforcement purposes. NOAA presumes that a failure to 
maintain a minimum altitude of 1,000 feet above ground level over 
such waters disturbs marine mammals or seabirds. NOAA is proposing 
to rename the areas of overflight regulation ``Special Wildlife 
Protection Zones'' (SWPZs) and make small changes to the areas of 
overflight regulation within the existing boundaries of GFNMS. The 
new SWPZs would implement restrictions to disturbing marine mammals 
or seabirds by flying a motorized aircraft as well as to the sailing 
of cargo vessels. In this section, NOAA describes changing the zones 
from using existing state designated Areas of Special Biological 
Significance and specific area names to a new slightly modified 
configuration of Special Wildlife Protection Zones; NOAA describes 
overflight regulations below and describes the restrictions to cargo 
vessel use in a separate section below. A map of the zones under 
consideration may be found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html.
    1. NOAA is proposing to no longer use the location of State-
designated ASBS to define the areas where the low flying aircraft 
prohibition applies. Instead, NOAA would designate SWPZs as defined 
below. NOAA would delete the definition of ASBS in sanctuary 
regulations, although those areas are designated by the state of 
California for water quality purposes and they would continue to 
exist in that capacity. The existing GFNMS regulations use a 
combination of specified locations and State ASBS to protect 
sensitive seabird and pinniped areas from cargo vessel disturbance 
or discharge, and from low flying aircraft

[[Page 20989]]

disturbance. ASBS are those areas designated by California's State 
Water Resources Control Board as requiring protection of species or 
biological communities to the extent that alteration of natural 
water quality is undesirable. ASBS are a subset of State Water 
Quality Protection Areas established pursuant to California Public 
Resources Code section 36700 et seq. These areas were designated 
based on the presence of certain species or biological communities 
that, because of their value or fragility, deserve special 
protection by preserving and maintaining natural water quality 
conditions to the extent practicable. Within the existing GFNMS 
boundaries, ASBS coincide with areas of high biological diversity 
and/or abundance of species, which is why NOAA originally prohibited 
low overflights above these ASBS areas and within one nautical mile 
of the edge of their boundaries. However, the ASBS in the expansion 
area are not in locations that would provide adequate protection to 
wildlife if used for low flying aircraft prohibitions. Therefore, 
NOAA is proposing to standardize the nomenclature for the zones 
where low overflight is prohibited by naming all of them SWPZs in 
both the existing sanctuary and the proposed expansion area.
    2. Instead of continuing to use ASBS boundaries with a one 
nautical mile buffer and other specified locations, the new proposed 
regulation would prohibit disturbing marine mammals or seabirds by 
flying motorized aircraft at less than 1000 feet over the waters 
within the newly designated SWPZs (except to transport persons or 
supplies to or from the Farallon Islands or for enforcement 
purposes.) Failure to maintain a minimum altitude of 1000 feet above 
ground level over such waters would still be presumed to disturb 
marine mammals or seabirds. This presumption of disturbance could be 
overcome by contrary evidence that disturbance did not, in fact, 
occur (e.g., evidence that no marine mammals or seabirds were 
present in the area at the time of the low overflight).
    3. SWPZs would be defined as areas of high biological diversity 
and/or abundance of species including federally listed and specially 
protected species. In particular these areas are white shark, 
seabird, and marine mammal (pinniped) ``hotspots''. White shark 
hotspots contain globally significant concentrations of white 
sharks. Seabird hotspots are areas with large historic populations, 
species diversity, and high concentration of nesting and roosting 
birds. Pinniped hotpots provide critical habitat for pupping seals 
and sea lions. In the proposed new boundaries for GFNMS, SWPZs would 
be established where such hotspots are susceptible to disturbance by 
low flying aircraft, cargo vessel operations, or in the case of 
white sharks, tourism vessels. Therefore, SWPZs are proposed to 
better encompass areas needing protection from certain human 
activities and to provide consistency between the existing and 
proposed areas of GFNMS.
    4. There would be a total of five SWPZs in the current sanctuary 
boundaries coinciding with previous state ASBS boundaries, which 
were previously used to delineate the areas subject to prohibitions 
on low flying aircraft: Tomales Point, Point Reyes, Duxbury Reef-
Bolinas Lagoon, and two zones at the Farallon Islands. In the 
existing sanctuary boundaries, the proposed boundaries of the SWPZs 
would remain similar in size and location to the areas currently 
protected from low flying aircraft. The shape would change from 
circles to polygons and would be delineated around known points, 
islands and landmarks, instead of following ASBS boundaries with 
either one or two nautical mile buffers. The proposed changes are 
designed to aid compliance with the low overflight restriction zones 
by allowing for visual recognition of the zones from the air. The 
proposed new SWPZs would result in a slight increase in zone size 
for some areas and a decrease in size in other areas as defined 
below. For the Tomales Point zone, SWPZ 3, the boundaries would 
encompass the area within the sanctuary surrounding Tomales Point 
and the northern portion of Tomales Bay to the east shore at Toms 
Point, and north to Estero de San Antonio. The proposed change would 
increase the area by approximately 5 square miles. However, it would 
only increase the time an aircraft would have to stay above 1,000 
feet by approximately 35 seconds if traveling at a speed of 120 
miles per hour, assuming the flight line is roughly parallel to the 
coast. For the Point Reyes zone, SWPZ 4, the boundaries would 
encompass the area within the sanctuary surrounding Point Reyes. 
This change in shape would increase area by approximately 1.8 square 
miles, but it would not increase the time an aircraft would have to 
stay above 1,000 feet if traveling at a speed of 120 miles per hour. 
For the Duxbury Reef-Bolinas Lagoon zone, SWPZ 5, the boundary would 
encompass all of Bolinas Lagoon, but not Seadrift Lagoon, and extend 
west to Bolinas Bay, south to Rocky Point and north to Millers 
Point. The proposed change would increase area by approximately 4.5 
square miles and increase the time an aircraft would have to stay 
above 1,000 feet by approximately 20 seconds if traveling at a speed 
of 120 miles per hour. The Southeast Farallon Islands Zone, SWPZ 6, 
extends approximately 1 nautical mile seaward of Southeast Farallon 
Island and Maintop Island. The proposed change would decrease the 
area by approximately 2.2 square miles and decrease the time an 
aircraft would have to stay above 1,000 feet by approximately 60 
seconds if traveling at a speed of 120 miles per hour. The North 
Farallon Islands Zone, SWPZ 7, extends approximately 1 nautical mile 
seaward of North Farallon Island and Isle of St. James. The proposed 
change would increase the area by approximately 1.4 square miles, 
but would not increase the time an aircraft would have to stay above 
1,000 feet if traveling at a speed of 120 miles per hour. Using 
points, landmarks and islands changes the shape of the five existing 
zones from circular to a polygon. However, the zones encompass the 
same wildlife hotspots as the current zones and NOAA believes such 
small changes in size of the new SWPZs would be inconsequential when 
flying an aircraft due to the short amount of additional flight time 
in which it would result. Also, the change in shape and the use of 
known points, islands and landmarks, which can be identified from 
the air would likely facilitate compliance from pilots. Therefore, 
NOAA estimates that this proposed change in boundaries would result 
in a negligible change of operations for low flying aircrafts above 
the existing sanctuary.

Prohibit Cargo Vessels in Designated Zones

    Currently NOAA prohibits cargo vessels from transiting closer 
than two nautical miles of the Farallon Islands, Bolinas Lagoon, or 
any ASBS to prevent wildlife disturbance and minimize the risk of 
oil spills in these areas. NOAA is proposing to amend the current 
prohibition on cargo vessels transiting close to sensitive wildlife 
areas in the sanctuary to the proposed expanded area with the 
following two changes. A map of the zones under consideration may be 
found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html. NOAA would replace the current zones 
including a two-nautical-mile buffer around the Farallon Islands, 
Bolinas Lagoon, or any ASBS with SWPZs that would extend 1 nautical 
mile into the same waters. Cargo vessels would be required to sail 
at least one nautical mile from any SWPZ. Although the new proposed 
regulation would change the buffer in the existing zones from two 
nautical miles to one nautical mile, the proposed new SWPZs would 
encompass the same areas that were previously identified in the 
regulations. Therefore, the proposed new cargo vessel prohibition 
would remain similar in size and location to the areas currently 
protected from cargo vessels.
    As proposed, the cargo vessel prohibition zones in the existing 
sanctuary (which would encompass an area covering the SWPZs as well 
as a one-mile buffer around them) would be very similar to the areas 
currently protected from transiting cargo vessels, meaning that 
overall size and location of the zones would not significantly 
differ from the existing protected areas. The changes to the areas 
in the existing sanctuary would result in a total area that would 
only be 6.4 square miles larger than the existing cargo vessel 
prohibition zones. Therefore, this proposed change in the current 
boundaries would result in a negligible change for transiting cargo 
vessels.

Prohibit White Shark Attraction and Approach

    NOAA also prohibits approaching within 50 meters of a white 
shark within 2 nautical miles of the Farallon Islands to prevent 
harassment and to reduce wildlife disturbance to white sharks. The 
proposed rule would amend the approach regulation in the current 
GFNMS regulations, as described below.
    1. NOAA is proposing to refine and further delineate the zone in 
which it is prohibited to approach a white shark within 2 nautical 
miles of the Farallon Islands by creating two zones that encompass 
both the Southeast and North Farallon Islands. The location and size 
of the zones would effectively remain similar to the current 
prohibition at both the Southeast and North Farallon Islands, 
however, the area around Middle Farallon Island would be removed 
resulting in a total area that is smaller than the existing zone.

[[Page 20990]]

The previous zone was circular and surrounded all the Farallon 
Islands. The two new zones would be changed to a polygon and match 
the cargo vessel prohibition zones by creating a one nautical mile 
buffer around proposed SWPZs 6 and 7. The proposed regulation would 
prohibit disturbing white sharks by approaching within 50 meters of 
a white shark while within one nautical mile of, and inside, the 
newly designated SWPZs 6 and 7 around Southeast and North Farallon 
Islands. Middle Farallon Island would not be included in the 
approach prohibition. Middle Farallon Island is not considered to be 
a location of primary food source (i.e., pinnipeds) for white 
sharks. According to data collected by Point Blue Conservation 
Science (1987-2011) only one confirmed white shark predation event 
has occurred near middle Farallon Island during the fall season. 
Only a small number (30 or less) of sea lions are able to haul out 
on Middle Farallon Island at a time. In 2011, island biologists 
observed a shark thrashing several times over a number of hours, but 
no carcass or blood was ever observed, therefore the attack was not 
confirmed. Additionally, researchers and tourism operators have not 
been observed or reported in their logs approaching white sharks 
near Middle Farallon Island.
    2. SWPZs 6 and 7 would be the only two SWPZs in the current 
sanctuary boundaries where approaching white sharks would be 
prohibited. The proposed boundaries of the new SWPZs are very 
similar to the areas currently protected from approaching white 
sharks around the Southeast and North Farallon Islands meaning that 
overall size and location would generally be the same as the 
existing protected areas. The combined area of the current white 
shark protection zone is approximately 52.3 square miles. The 
combined area of the two new white shark protection zones would be 
approximately 47.7 square miles. This is a reduction of 4.6 sq mi or 
approximately 10% of the current area, but that reduction is due to 
the removal of the Middle Farallon Island from the zone. Therefore, 
NOAA believes this proposed change in boundaries would result in a 
negligible change for researchers and tourism operators in the 
existing sanctuary, and that the reconfiguration of SWPZs would 
result in more effective resource protection.

Technical Changes to Boundaries

    Minor technical changes were needed for the textual descriptions 
and point locations of the No-Anchoring Seagrass Protection Zones in 
Tomales Bay. Metric values (hectares and meters) were converted to 
English units to be consistent with the rest of the document. All 
zones with a shoreline component to their boundary are now described 
in language that complies with current ONMS conventions for boundary 
descriptions. In addition to modifying the text, the index numbers 
of some coordinate pairs were reordered and some coordinates were 
modified to accommodate the edited text. No change was made to the 
existing zone locations or areas, except that the boundary 
coordinates of Zone 5 were modified slightly so that the zone better 
align with GFNMS boundaries. Therefore, this proposed rule would 
correct minor errors and incorporate these changes without 
significantly altering the size or location of the seagrass 
protection zones.

Regulations That Would Apply Only to Proposed Expansion Area

Motorized Personal Watercraft Zones

    Operation of MPWC would be allowed only within four designated 
zones within the proposed expansion area and would limit access to 
the nearshore. The proposed regulations specify that an operable GPS 
unit in working condition must be carried on all MPWC accessing each 
zone in order to accurately and precisely navigate to MPWC zones and 
to ensure that the MPWC stays within the designated zones. The 
proposed action would allow use of MPWC in areas totaling 33.4 
square nautical miles. A map of the zones under consideration may be 
found in the DEIS posted online at http://farallones.noaa.gov/manage/expansion_cbgf.html.
    The sites of the four zones have been specifically proposed to 
minimize or prevent impacts on nearshore wildlife, and to protect 
known wildlife hotspots (which include areas of high biological 
diversity or abundance of species) or federally listed and specially 
protected species, while still allowing access to important 
recreational areas for surfing and where species of concern have a 
low likelihood of disturbance. Access to the proposed zones by 
conventional vessels would continue unchanged.
    NOAA is proposing three year-round MPWC use zones and one 
seasonal MPWC zone within the GFNMS expansion area. Zone 1 is 
approximately 8.5 square miles and is proposed from latitude 39 to 
Arena Cove. This seasonal zone would be open from October through 
February. It would be closed from March through September to limit 
potential negative interactions with MPWC landing on Manchester 
Beach during the time Snowy Plovers, listed as threatened by the 
Endangered Species Act, nest on beaches. Zone 2 is approximately 
26.2 square miles and is proposed from Arena Cove to Havens Neck. 
Prominent visual markers at Arena Cove, Moat, Saunders Landing, 
Iverson Landing and Haven's Neck would be used to define the eastern 
boundary. The proposed zone would require MPWC users to stay seaward 
of all the listed points at all times. Use of waypoints at each of 
the shoreside locations would help operators with compliance. Zone 3 
is approximately 3.8 square miles and is offshore of Timber Cove. 
Zone 3 would be accessed through a boat ramp at Timber Cove. Zone 4 
is approximately 6.1 square miles including the access route area 
and is proposed offshore of Bodega Head to Coleman Beach. A 100-yard 
access route from Bodega Harbor using the harbor entrance and two 
navigational buoys would allow entrance to the southern boundary of 
the zone. Seasonal access would also be available through Salmon 
Creek, at Bean Avenue and the Ranger Station.
    NOAA is not proposing to change the definition of MPWC used by 
current GFNMS regulations in this proposed rule. However, NOAA has 
proposed to consolidate and standardize definitions that are common 
to all sanctuaries (including modifications to definition of MPWC) 
in a separate rulemaking (78 FR 5998) published January 28, 2013. 
The reasoning behind and impacts of this proposal are being analyzed 
as part of the separate rulemaking with a separate public review 
process. A final rule is currently in development for this separate 
action.

Prohibit Low Flying Aircraft in Designated Zones

    NOAA proposes to prohibit disturbing marine mammals or seabirds 
by flying motorized aircraft at less than 1,000 feet over the waters 
within one nautical mile of SWPZs except for enforcement purposes. 
Similar to the current regulations applying to the existing 
sanctuary, NOAA would presume that a failure to maintain a minimum 
altitude of 1,000 feet above ground level over such waters disturbs 
marine mammals or seabirds. NOAA is proposing to add two discrete 
SWPZs with overflight restrictions in the proposed expanded area, as 
described below. The new SWPZs would implement restrictions to 
disturbing marine mammals or seabirds by flying a motorized aircraft 
as well as to the sailing of cargo vessels. In this section, NOAA 
describes the effect of the new SWPZs to low overflight regulations 
and describes the restrictions to cargo vessel use in the following 
section.
    SWPZs would be defined as areas of high biological diversity 
and/or abundance of species including federally listed and specially 
protected species. In particular these areas are white shark, 
seabird, and marine mammal (pinniped) ``hotspots''. White shark 
hotspots contain globally significant concentrations of white 
sharks. Seabird hotspots are areas with important populations, 
species diversity, and which support a high concentration of nesting 
and roosting birds. Pinniped hotpots provide vital habitat for 
pupping seals and sea lions. In the proposed new boundaries for 
GFNMS, SWPZs would be established where such hotspots are 
susceptible to disturbance by low flying aircraft, cargo vessel 
operations, or in the case of white sharks, tourism vessels. 
Therefore, SWPZs are proposed to better encompass areas needing 
protection from certain human activities and to provide consistency 
between the existing and proposed areas of GFNMS.
    Two new SWPZs would be created in the proposed expansion area. 
The first zone, SWPZ 1, would extend south along the coast from 
Havens Neck in Mendocino County approximately 10 miles to Del Mar 
Point in Sonoma County and from the Mean High Water Line 
approximately 1.75 miles seaward. The size of the zone would be 
approximately 10.5 square miles. The overflight time would be about 
200 seconds (3.33 minutes) for an aircraft traveling at 120 miles 
per hour. SWPZ 1 would include observed pinniped haul-out areas, 3 
species of breeding seabird colonies and one roosting seabird 
species at Fish Rocks; and observed pinniped haul-out areas and 5 
species of breeding seabirds at Gualala Point Island. The second 
zone, SWPZ 2, would extend south along the coast from Windermere 
Point, north of the Russian River in Sonoma County, approximately 14 
miles to Duncans

[[Page 20991]]

Point and from the Mean High Water Line approximately 1.85 miles 
seaward. The size of the zone would be approximately 21.4 square 
miles. The overflight time would be about 375 seconds (6.25 minutes) 
for an aircraft traveling at 120 miles per hour. SWPZ 2 would 
include observed Steller Sea Lion haul out areas at Northwest Cape 
(Fort Ross); and harbor seal haul out areas and 5 species of 
breeding seabirds throughout the entire Russian River Colony 
Complex, which is a system of offshore rocks north and south of the 
Russian River. The seven zones would include 11 seabird hotspots and 
9 pinniped hotspots within the existing sanctuary and the proposed 
sanctuary expansion area. Many of these ``hotspots'' are ``colony 
complexes'' which means that the area may include cliffs (used by 
seabirds), clusters of rocks, or tidal mudflat islands (used by 
pinnipeds). The combined area for all 7 SWPZs would cover 2.77% of 
sanctuary waters (approximately 91.5 square miles).

Prohibit Cargo Vessels in Designated Zones

    Currently NOAA prohibits cargo vessels from transiting closer 
than two nautical miles of the Farallon Islands, Bolinas Lagoon, or 
any ASBS to prevent wildlife disturbance and minimize the risk of 
oil spills in these areas. NOAA is proposing to extend the current 
prohibition on cargo vessels transiting close to sensitive wildlife 
areas in the sanctuary to the proposed expanded area by proposing a 
total of two new cargo prohibition zones in the proposed expansion 
area.
    The two proposed new cargo vessel restriction zones in the 
proposed expansion area would be based on the proposed SWPZs, as 
described above. Combined area of new proposed cargo vessel zones in 
expansion area would be approximately 61.7 square miles. These two 
new SWPZs would be inshore of known cargo vessel traffic routes, 
therefore NOAA does not expect them to interfere significantly with 
current cargo vessel traffic.

Add New Regulations

Prohibit Interference With an Investigation

    NOAA proposes to add a new regulation to enhance an existing 
statutory prohibition on interfering with, obstructing, delaying, or 
preventing an investigation, search or seizure in connection with an 
enforcement action related to the National Marine Sanctuaries Act 
(NMSA; 16 U.S.C. 1431 et seq.).

Exemption for Authorized Activities

    Current GFNMS permit regulations do not allow NOAA to authorize 
any prohibited activity other than through the issuance of a 
national marine sanctuary permit. With this action, NOAA is 
proposing to add to GFNMS regulations the authority to authorize 
certain activities such as the discharge, construction, drilling, 
dredging or other disturbance on submerged land, taking and 
possessing a marine mammal, sea turtle, or bird, and possessing 
historical resources, as long as those activities are permitted or 
licensed by another federal, State, or local agency, and as long as 
the applicant complies with any terms and conditions deemed 
necessary to protect sanctuary resources and qualities. In addition, 
NOAA is proposing as part of a separate rulemaking to add to GFNMS 
regulations the authority to authorize new or amended existing 
operations of commercial mariculture activities in state waters 
involving certain introduced species of shellfish that are 
determined to be non-invasive (79 FR 17073). In the case of 
authorization, the activity would have to comply with such terms, 
but would not have to fit within the categories of activities for 
which a sanctuary permit may be obtained. The activities would have 
to be authorized by the Sanctuary Superintendent, with authority 
delegated from the ONMS Director, under 15 CFR 922.83(d)and 15 CFR 
922.49. This authorization provision is similar to that in the 
existing regulations for MBNMS and five other national marine 
sanctuaries. The Sanctuary Superintendent may also deny an 
authorization or condition an approval to protect sanctuary 
resources.
    The exemption for authorized activities in this proposed rule 
would result in a new management authority in GFNMS as it currently 
stands as well as in the proposed expanded sanctuary.
    In addition, NOAA is proposing to amend in the GFNMS regulations 
the explanation of the procedure by which preexisting leases, 
permits, licenses, or rights of subsistence use or access applying 
to the expansion area and in existence on the effective date of the 
sanctuary expansion may be certified (see 15 CFR 922.84), to clarify 
that the certification process would only be in place in the 
expansion area.

Cordell Bank National Marine Sanctuary Regulations

    This section describes the changes NOAA is proposing to make to 
the regulations for CBNMS to implement the proposed expansion of the 
sanctuary, which is the basis for this rulemaking. It is organized 
by type of regulatory amendments as follows:

--It includes proposed changes to the boundary description;
--It would apply existing regulations without changes to the 
proposed expansion area for certain regulations and exceptions 
related to discharge, prohibiting oil, gas and minerals exploration, 
taking and possessing certain species, introducing introduced 
species, exemptions for Department of Defense and emergency 
response, permit criteria and requirements, and issuance of 
emergency regulations;
--It would amend an existing regulation regarding graywater 
discharge and apply it to both the existing sanctuary and proposed 
expansion area;
--It would add new regulations related to disturbing historical 
resources, interference with an investigation and the ability for 
NOAA to authorize certain activities otherwise prohibited.

Boundary Expansion

    NOAA is proposing to modify the boundary of CBNMS. The proposed 
new boundary for CBNMS would increase the size of the sanctuary from 
approximately 528 square miles (399 nautical square miles) to 1,286 
square miles (971 nautical square miles) and would include the 
waters and submerged lands north and west of the current sanctuary. 
The larger boundary for CBNMS would include Bodega Canyon, a 
significant bathymetric feature that contributes directly to the 
biological productivity of the existing sanctuary ecosystem but is 
not currently part of CBNMS. Submarine canyons support deep water 
communities and affect local and regional water circulation 
patterns. The eastern and northern boundaries of CBNMS would be 
coterminous with GFNMS.

Extension of Existing Regulations Without Changes to Proposed 
Expansion Area

Prohibition on Certain Discharges

    Generally, discharging or depositing any material or other 
matter from within or into the sanctuary are prohibited in the 
existing sanctuary and would be prohibited in the proposed expansion 
area as well. The exceptions currently in place for some activities 
would apply in the proposed expansion area as well and are described 
below. The prohibition would apply not only to discharges and 
deposits originating in the sanctuary (e.g., from vessels in the 
sanctuary), but also, for example, from discharges and deposits 
occurring above the sanctuaries. A description of the impacts of 
this discharge regulation can be found in the discussion of the 
proposed action in the DEIS published concurrently with this 
proposed rule. NOAA is proposing to extend the following exceptions 
to the CBNMS discharge/deposit prohibition to the expansion area:
    1. The discharge/deposit of fish, fish parts, chumming materials 
or bait would be allowed as long as they were made during the 
conduct of lawful fishing activities within the sanctuary. This 
existing regulation would be applied to the expansion area without 
amendment. A description of the impacts of this regulation can be 
found in the discussion of the proposed action in the DEIS published 
concurrently with this proposed rule.
    2. The discharge/deposit of clean effluent generated incidental 
to vessel use and generated by a Type I or II marine sanitation 
device approved by the United States Coast Guard in accordance to 
section 312 of the Federal Water Pollution Control Act, as amended, 
(FWPCA; 33 U.S.C. 1322) would be allowed for vessels less than 300 
gross registered tons (GRT) or for vessels 300 GRT or above without 
sufficient holding tank capacity to hold sewage while within the 
sanctuary. This existing regulation would be applied to the 
expansion area without amendment. A description of the impacts of 
this regulation can be found in the discussion of the proposed 
action in the DEIS published concurrently with this proposed rule.
    3. The discharge/deposit of clean vessel engine cooling water, 
clean vessel generator cooling water, clean bilge water, anchor 
wash, vessel engine or generator exhaust from all vessels, including 
cruise ships, would be allowed. An additional exception of clean 
vessel deck wash down would apply to all vessels other than cruise 
ships as defined above in the existing sanctuary and the expansion 
area. The discharge/deposit of oily waste from bilge pumping would 
be prohibited from any vessel if the waste contained any detectable 
levels of harmful

[[Page 20992]]

matter. In this case, a detectable level of oil would be interpreted 
to include anything that produced a visible sheen. A description of 
the impacts of this regulation can be found in the discussion of the 
proposed action in the DEIS published concurrently with this 
proposed rule.

Prohibit Oil, Gas, or Minerals Exploration

    NOAA is proposing to apply to the proposed expansion area for 
CBNMS an existing provision that would prohibit exploring for, 
developing or producing oil, gas, or minerals within CBNMS.

Prohibit the Take and Possession of Certain Species

    NOAA is proposing to extend to the proposed expansion area for 
CBNMS an existing provision that prohibits the taking or possession 
of any marine mammal, sea turtle or bird within or above the 
sanctuary unless it is authorized by the Marine Mammal Protection 
Act, as amended, (MMPA; 16 U.S.C. 1361 et seq.), Endangered Species 
Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird 
Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., or any 
regulation, as amended, promulgated under the MMPA, ESA, or MBTA. A 
description of the impacts of this regulation can be found in the 
discussion of the proposed action in the DEIS published concurrently 
with this proposed rule.

Prohibit the Introduction of Introduced Species

    NOAA is proposing to extend to the proposed expansion area for 
CBNMS a provision that would prohibit introducing or otherwise 
releasing from within or into the sanctuary an introduced species, 
except striped bass (Morone saxatilis) released in the sanctuary 
during catch and release fishing. The rationale for this proposed 
regulation is the same as that for the proposed introduced species 
regulation for GFNMS.

Exemption for Department of Defense Activities

    NOAA proposes to extend to the proposed expansion area for CBNMS 
the existing provision that would exempt the Department of Defense 
(DOD) from sanctuary regulations for activities carried out before 
the effective date of designation (for current CBNMS boundary) or 
before the effective date of expansion (for proposed expanded area) 
that are necessary for national defense. DOD activities necessary 
for national defense initiated after the effective date of 
designation (for current CBNMS boundary) or expansion date (for 
proposed expanded area) could be exempted after consultation between 
DOD and the Sanctuary Superintendent, with authority delegated from 
the ONMS Director. DOD activities not necessary for national 
defense, such as routine exercises and vessel operations, would be 
subject to all prohibitions that apply to CBNMS.

Exemption for Emergencies

    NOAA proposes to apply to the proposed expansion area for CBNMS 
the existing exemption for activities necessary to respond to an 
emergency threatening life, property, or the environment.

Exemption for Permitted Activities

    NOAA proposes to provide an exemption for activities that are 
permitted by the Sanctuary Superintendent, with authority delegated 
from the ONMS Director, in accordance with the permit issuance 
criteria found in 15 CFR 922.48 and 15 CFR 922.113. The Sanctuary 
Superintendent may issue a sanctuary permit to: (1) Further research 
or monitoring related to sanctuary resources and qualities; (2) 
further the educational value of the sanctuary; (3) further salvage 
or recovery operations; or (4) assist in managing the sanctuary. It 
is important to note that permits would only be available for 
activities that otherwise violate the regulations at 15 CFR 922.112, 
(a)(2) through (a)(7). No permit could be issued for activities that 
violate 15 CFR 922.112(a)(1), which prohibits the exploration for, 
development, or production of oil, gas or minerals within the 
sanctuary.

Provision for Emergency Regulation

    NOAA proposes to extend to the proposed expansion area for CBNMS 
a provision that would allow NOAA to issue emergency regulations, 
within the limits of the NMSA, for no more than 120 days in order to 
prevent immediate, serious, and irreversible damage to a sanctuary 
resource.

Amend Existing Regulations

Regulations That Would Apply to Both Existing Sanctuary and 
Proposed Expansion Area

Prohibition on Certain Discharges

    The discharge/deposit of graywater, as defined by section 312 of 
the FWPCA, by vessels less than 300 GRT, or vessels 300 GRT or 
greater without sufficient holding tank capacity to hold graywater 
while within the sanctuary would be excepted. This exception is 
intended to allow small vessels producing a small amount of waste to 
continue operating within the sanctuary. This exception would not 
apply to cruise ships, as defined above. This regulation does not 
currently exist in CBNMS; its promulgation would result in new 
sanctuary protection measure in both CBNMS as it currently stands as 
well as in the proposed expanded sanctuary. This new exemption would 
allow some vessels to discharge clean graywater within the sanctuary 
(which is currently prohibited) as well as in the proposed expansion 
area. However, larger vessels greater than 300 GRT that have holding 
capacity would be prohibited from discharging gray water anywhere in 
either sanctuary. A description of the impacts of this regulation 
can be found in the discussion of the proposed action in the DEIS 
published concurrently with this proposed rule.
    This rule would extend to the proposed expansion area for CBNMS 
a provision that also prohibits the discharge/deposit originating 
outside the boundary of CBNMS that subsequently would enter the 
sanctuary and injure a sanctuary resource or quality. This existing 
regulation would be applied to the expansion area, with the addition 
of the exception for a vessel less than 300 GRT or a vessel 300 GRT 
or greater without sufficient holding capacity to hold the graywater 
while within the Sanctuary, as mentioned above. A description of the 
impacts of this regulation can be found in the discussion of the 
proposed action in the DEIS published concurrently with this 
proposed rule.

Add New Regulations

Prohibit the Disturbance of Historic Resources

    NOAA is proposing to prohibit the disturbance of, or attempts to 
disturb, a sanctuary historical resource. This modification would 
add protection to these fragile, finite, and non-renewable resources 
so they may be studied, and appropriate information may be made 
available for the benefit of the public. This rule would also 
prohibit the possession of a sanctuary historical resource, and 
would provide for comprehensive protection of sanctuary resources by 
making it illegal to possess historical resources in any geographic 
location. For example, this rule would make it illegal for anyone to 
possess an artifact taken from a shipwreck in CBNMS even if the 
individual is no longer in the sanctuary. While the presence of 
historical resources on Cordell Bank or in its surrounding waters is 
not known, such resources could exist. Since the proposed expanded 
sanctuary would be considerably larger in size, there may be 
submerged resources requiring protection that have yet to be 
discovered.

Prohibit Interference With an Investigation

    NOAA proposes to add a new regulation to implement an existing 
statutory prohibition on interfering with, obstructing, delaying, or 
preventing an investigation, search or seizure in connection with an 
enforcement action related to the National Marine Sanctuaries Act 
(NMSA; 16 U.S.C. 1431 et seq.).

Exemption for Authorized Activities

    Current CBNMS permit regulations do not allow the authorization 
of any prohibited activity other than through the issuance of a 
national marine sanctuary permit.
    NOAA is proposing to add to CBNMS regulations the authority to 
authorize certain activities such as the discharge, construction, 
drilling, dredging or other disturbance on submerged land outside of 
the line representing the 50-fathom isobath around Cordell Bank, 
taking and possessing a marine mammal, sea turtle, or bird, and 
possessing historical resources, as long as those activities are 
permitted or licensed by another federal or State agency, and as 
long as the applicant complies with any terms and conditions deemed 
necessary to protect sanctuary resources and qualities. In the case 
of authorization, the activity would have to comply with such terms, 
but would not have to fit within the categories of activities for 
which a sanctuary permit may be obtained. The activities would have 
to be authorized by the Sanctuary Superintendent, with authority 
delegated from the ONMS Director, under 15 CFR 922.112(d) and 15 CFR 
922.49. This authorization provision is similar to that in the 
existing regulations for MBNMS and five other national marine 
sanctuaries. The Sanctuary Superintendent may also deny an 
authorization or condition an approval to protect sanctuary 
resources.
    The exemption for authorized activities in this proposed rule 
would result in a new

[[Page 20993]]

management authority in CBNMS as it currently stands as well as in 
the proposed expanded sanctuary.

IV. Classification

National Environmental Policy Act

    NOAA has prepared a draft environmental impact statement to 
evaluate the environmental effects of the proposed rulemaking. 
Copies are available at the address and Web site listed in the 
ADDRESSES section of this proposed rule. Responses to comments 
received on this proposed rule will be published in the final 
environmental impact statement and preamble to the final rule.

Coastal Zone Management Act

    Section 307 of the Coastal Zone Management Act (CZMA; 16 U.S.C. 
1456) requires Federal agencies to consult with a state's coastal 
program on potential Federal regulations having an effect on state 
waters. NOAA will submit a copy of this proposed rule and supporting 
documents to the California Coastal Commission for evaluation of 
Federal consistency under the CZMA.

Executive Order 12866: Regulatory Impact

    Under Executive Order 12866, if the proposed regulations are 
``significant,'' as defined in section 3(f) of the Order, an 
assessment of the potential costs and benefits of the regulatory 
action must be prepared and submitted to the Office of Management 
and Budget. This proposed rule has been determined to be not 
significant within the meaning of Executive Order 12866.

Executive Order 13132: Federalism Assessment

    NOAA has concluded that this regulatory action does not have 
federalism implications sufficient to warrant preparation of a 
federalism assessment under Executive Order 13132.

Executive Order 13175: Tribal Consultation and Collaboration

    Representatives from the Manchester Band of Pomo Indians, Kashia 
Band of Pomo Indians of Stewarts Point Rancheria, and Federated 
Indians of Graton Rancheria were invited in writing to consult with 
NOAA under Executive Order 13175. As of publication date of this 
notice of proposed rulemaking, NOAA has not received answers to the 
consultation letters. However, NOAA will continue to seek their 
participation in the development of this rulemaking.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows:
    The Small Business Administration has established thresholds on 
the designation of businesses as ``small entities''. A fish-
harvesting business is considered a small business if has annual 
receipts not in excess of $3.5 million (13 CFR 121.201). Sports and 
recreation businesses and scenic and sightseeing transportation 
businesses are considered small businesses if they have annual 
receipts not in excess of $6 million (13 CFR 121.201). According to 
these limits, each of the businesses potentially affected by the 
proposed rule, except those in the oil and gas and commercial marine 
transportation businesses would most likely be small businesses.
    The analysis presented here is based on limited quantitative 
information on how much activity occurs within the boundaries of the 
proposed expansion areas for CBNMS and GFNMS, except for commercial 
fishing operations.
    In 2013, NOAA conducted a study on the economic impact of 
California's commercial fisheries in all four California national 
marine sanctuaries, including the expansion area for the CBNMS and 
GFNMS. NOAA obtained commercial fishing data from the California 
Department of Fish and Wildlife (CDFW) for years 2000 to 2012. In 
2012, there were a little over 200 fishing operations that made some 
catch from the CBNMS-GFNMS expansion area. These operations had 
harvest revenue of $6.55 million (measured in 2013 dollars using the 
Consumer Price Index, which generated income (including multiplier 
impacts) of $5.45 million and 246 full and part-time jobs.
    Methodology. Due to the lack of quantitative data on the number 
of businesses directly affected by the proposed regulations and 
their levels of revenues, costs and profits from their activities in 
the CBNMS-GFNMS expansion area, the assessment here is qualitative.
    Scales Used for Assessing Impacts. For assessing levels of 
impacts within an alternative, NOAA used three levels plus ``no 
impacts''. The three levels are ``negligible'', ``moderate'' and 
``high.''
    For levels of impacts within a proposed alternative, negligible 
means very low benefits, costs, or net benefits (less than 1% 
change). Moderate impacts would be more than 1% and less than or 
equal to 10%), and high impacts would be more than 10%. For market 
economic values (revenue, costs, and profits), negligible would mean 
no likely impact whereas moderate and high could mean some 
measurable impact on market economic values at the levels noted 
above. NOAA analyzed five regulatory alternatives (Proposed Action, 
No Action, Existing Regulations, Arena Cove Boundary, and 
Alternative Motorized Personal Watercraft (MPWC) Zones.) User groups 
that entail small businesses included commercial fishing operation, 
recreation-tourism related businesses, and land use and development 
businesses. Other user groups included in the full regulatory impact 
review and not included here are research and education, people who 
receive passive economic use value from improvements in natural 
resource qualities/quantities, businesses in offshore energy (oil 
and gas industry and alternative energy such as wave and wind energy 
firms) and those firms involved in marine transportation. Firms 
involved in offshore energy and marine transportation directly 
affected by the proposed regulations were judged not to be small 
businesses.
    NOAA assessed three types of regulations included in the 
proposed action (discharges, submerged lands--seabed alterations, 
and introduced species), plus the impact of all regulations 
combined. Oil and gas regulations addressed in the full regulatory 
impact review are not discussed here since the oil and gas industry 
is judged not to involve small businesses.

Proposed Action

    Discharge Regulations. Under the proposed rule, NOAA would 
require commercial fishing operations and businesses involved in 
providing guide services in the recreation-tourism industry (e.g. 
charter and party boat fishing operations and whale-watching or 
other wildlife observation or guide businesses) to hold and dispose 
of wastes prohibited by the regulations from discharge or deposit 
within the sanctuary until they are outside sanctuary boundaries. 
NOAA expects negligible costs from these regulations for all these 
operations. NOAA's proposed exemption for graywater discharges for 
vessels under 300 gross registered tons (GRT) or over 300 GRT but 
without sufficient holding tank capacity, would lessen the impact of 
the regulation in the sanctuary, and therefore would reduce the cost 
of compliance. NOAA expects both the commercial fishing industry and 
the recreation-tourism industry to receive moderate net benefits 
from these regulations in that habitat qualities would improve 
generating increased fish stocks for commercial and recreational 
fishing and improvements in the qualities that the recreation-
tourism industry depends upon resulting in increased business 
revenues and profits. Thus, NOAA expects that the commercial fishing 
and recreation-tourism industries would benefit from the discharge 
regulations. NOAA expects the proposed action to generate a mid-
range level of costs and mid-range levels of costs with a mid-range 
level of net benefits compared with all other regulatory 
alternatives. Land use and development businesses would not be 
directly affected by the discharge regulations.
    Submerged lands--Seabed Alteration Regulations. Regulations 
prohibiting disturbances of the seabed would impact the commercial 
fishing industry, the recreation-tourism industry, and land use and 
development industry. NOAA expects all of these industries to 
receive moderate net benefits from these regulations because of the 
improvement or maintenance of habitat qualities that these 
industries depend upon. NOAA also expects businesses in these 
industries to experience negligible increases in costs of 
operations. The land use--development industry would be expected to 
benefit through increased property values. There are many examples 
in the economics literature showing that property values are 
enhanced when located near protected areas. Because of the 
exemptions, permit, and authorization processes in the proposed 
action, which may allow for some activities that disturb the seabed, 
costs are less than the alternative of extending existing 
regulations in the current sanctuaries to the proposed expansion 
area and would be expected to be in the mid-range of costs across 
all alternatives.

[[Page 20994]]

    Introduced Species Regulations. Baiting and processing can be 
pathways for introduction of invasive species. The proposed action 
could potentially require commercial and recreational fishing 
operations to alter their baiting methods to reduce the likelihood 
for the introduction of invasive species into the proposed sanctuary 
expansion areas, but this is not likely because no known non-native 
species are currently being used as bait in these areas. No current 
operations involving fish processing vessels within the expansion 
area are known. NOAA expects the proposed action to limit 
competition between introduced and native species and provide 
ongoing stability to native populations of harvested species. Thus, 
NOAA expects these regulations to result in moderate benefits and 
net benefits to the commercial fishing industry, the recreation-
tourism industry and businesses in the land use and development 
industry as habitat qualities are maintained or improved, while 
resulting in negligible costs to businesses in the commercial and 
recreational fishing industry. Again, the businesses in land use and 
development would benefit through enhanced property values. The 
proposed action is in the mid-range of benefits, costs and net 
benefits for the commercial fishing and recreation-tourism industry 
businesses across all regulatory alternatives, while land use and 
development would be expected to be in the mid-range of benefits and 
net benefits and no costs.
    All Regulations. NOAA expects the combined effects of all of the 
regulations in the proposed action to generate moderate benefits and 
net benefits to businesses in all three industries, while imposing 
negligible costs. NOAA also expects the proposed action to result in 
a mid-range of benefits and net benefits to businesses in all three 
industries, while imposing next to the lowest costs across all 
regulatory alternatives analyzed in the draft environmental impact 
statement.
    Because the impacts of this proposed rule on commercial fishing, 
recreational tourism, and land use and development businesses are 
minimal, the Chief Counsel for Regulation certified to the Chief 
Counsel for Advocacy at SBA that this rulemaking would not have a 
significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act

    ONMS has a valid Office of Management and Budget (OMB) control 
number (0648-0141) for the collection of public information related 
to the processing of ONMS permits across the National Marine 
Sanctuary System. NOAA's proposal to expand GFNMS and CBNMS would 
likely result in an increase in the number of requests for ONMS 
general permits, special use permits, and authorizations due to the 
increase in the spatial extent of the applicable regulations for 
these sanctuaries and the addition of the authority to authorize 
other valid federal, state, or local leases, permits, licenses, 
approvals, or other authorizations. An increase in the number of 
ONMS permit requests would require a change to the reporting burden 
certified for OMB control number 0648-0141. An update to this 
control number for the processing of ONMS permits would be requested 
as part of the final rule for sanctuary expansion.
    Send comments regarding the burden estimate for this data 
collection requirement, or any other aspect of this data collection, 
including suggestions for reducing the burden, to NOAA (see 
ADDRESSES) and by email to [email protected], or fax to 
(202) 395-7285. Notwithstanding any other provision of law, no 
person is required to respond to, nor shall any person be subject to 
a penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act, unless 
that collection of information displays a currently valid OMB 
control number.

V. Request for Comments

    NOAA requests comments on this proposed rule by June 30, 2014.

VI. References

    A complete list of all references cited herein is available upon 
request (see ADDRESSES section).

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Historic 
preservation, Intergovernmental relations, Marine resources, Natural 
resources, Penalties, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife.

     Dated: April 4, 2014.
Holly A. Bamford,
Assistant Administrator, for Ocean Services and Coastal Zone 
Management.
    Accordingly, for the reasons discussed in the preamble, the 
National Oceanic and Atmospheric Administration proposes to amend 15 
CFR part 922 as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

0
1. The authority citation for part 922 continues to read as follows:

    Authority: 16 U.S.C. 1431 et seq.
0
2. Amend Sec.  922.49 by revising paragraphs (a),(b), and(c) to read as 
follows:


Sec.  922.49  Notification and review of applications for leases, 
licenses, permits, approvals, or other authorizations to conduct a 
prohibited activity.

    (a) A person may conduct an activity prohibited by subpart H, 
subparts K through P, or subpart R, if such activity is specifically 
authorized by any valid Federal, State, or local lease, permit, 
license, approval, or other authorization issued after the effective 
date of Sanctuary designation, or in the case of the Florida Keys 
National Marine Sanctuary after the effective date of the regulations 
in subpart P, provided that:
* * * * *
    (b) Any potential applicant for an authorization described in 
paragraph (a) of this section may request the Director to issue a 
finding as to whether the activity for which an application is intended 
to be made is prohibited by subpart H, subparts K through P, or subpart 
R, as appropriate.
    (c) Notification of filings of applications should be sent to the 
Director, Office of Ocean and Coastal Resource Management at the 
address specified in subpart H, subparts K through P, or subpart R, as 
appropriate. A copy of the application must accompany the notification.
* * * * *
0
3. Revise part 922 Subpart H to read as follows:

Subpart H--Gulf of the Farallones National Marine Sanctuary


Sec.  922.80  Boundary.

    (a) Gulf of the Farallones National Marine Sanctuary (Sanctuary) 
encompasses an area of approximately 2,490 square nautical miles (3,297 
square miles) of coastal and ocean waters, and submerged lands 
thereunder, surrounding the Farallon Islands and Noonday Rock along the 
northern coast of California. The precise boundary coordinates are 
listed in Appendix A to this subpart.
    (b) The western boundary of the Sanctuary extends south from Point 
1 approximately 45 nautical miles (52 miles) to Point 2, which is the 
northwestern corner of Cordell Bank National Marine Sanctuary (CBNMS). 
The Sanctuary boundary then extends from Point 2 approximately 38 
nautical miles (43 miles) east along the northern boundary of CBNMS to 
Point 3, which is approximately 7 nautical miles (8 miles) west of 
Bodega Head. From Point 3 the Sanctuary boundary continues to south and 
west to Points 4 through Point 19 (in numerical sequence) and is 
coterminous with the eastern boundary of CBNMS. From Point 19 the 
Sanctuary boundary continues south and east to Points 20 through 25 (in 
numerical sequence) until it intersects the boundary for Monterey Bay 
National Marine Sanctuary (MBNMS) at Point 26. From Point 26 the 
Sanctuary boundary extends eastward and northward, coterminous with 
MBNMS, to Points 27 through 33 (in numerical sequence). From Point 33 
the boundary proceeds along a straight line arc towards Point 34 until 
it intersects the Mean High Water Line at Rocky Point, California. From 
this intersection the Sanctuary

[[Page 20995]]

boundary follows the Mean High Water Line northward until it intersects 
the boundary for Point Reyes National Seashore approximately 0.7 
nautical miles (0.8 miles) south and east of Bolinas Point in Marin 
County, California. The Sanctuary boundary then approximates the 
boundary for Point Reyes National Seashore, as established at the time 
of designation of the Sanctuary, to the intersection of the Point Reyes 
National Seashore boundary and the Mean High Water Line approximately 
0.13 nautical miles (0.15 miles) south and east of Duck Cove in Tomales 
Bay. The Sanctuary boundary then follows the Mean High Water Line along 
Tomales Bay and Giacomini Wetland and up Lagunitas Creek to the U.S. 
Highway 1 Bridge. Here the Sanctuary boundary crosses Lagunitas Creek 
and follows the Mean High Water Line north to the Estero de San Antonio 
and up the Estero to the tide gate at Valley Ford-Franklin School Road. 
Here the Sanctuary boundary crosses the Estero de San Antonio and 
proceeds west and north following the Mean High Water Line to the 
Estero Americano and up the Estero to the bridge at Valley Ford-Estero 
Road. Here the Sanctuary boundary crosses the Estero Americano and 
proceeds west and north following the Mean High Water Line to the 
Salmon Creek Estuary. At the Salmon Creek Estuary the boundary 
continues along the Mean High Water Line of the southern shore of the 
Salmon Creek Estuary until it intersects a straight line arc connecting 
Point 35 and Point 36. At that intersection the boundary extends across 
the estuary towards Point 36 until it intersects the Mean High Water 
Line of the northern shore of the Salmon Creek Estuary. From this 
intersection the boundary follows the Mean High Water Line to the 
Russian River. At the Russian River the boundary continues along the 
Mean High Water Line of the southern shore of the Russian River until 
it intersects a straight line arc connecting Point 37 and Point 38. At 
that intersection the boundary extends across the river towards Point 
38 until it intersects the Mean High Water Line of the northern shore 
of the Russian River. From this intersection the boundary follows the 
Mean High Water Line to the Gualala River. At the Gualala River the 
boundary continues along the Mean High Water Line of the southern shore 
of the Gualala River until it intersects a straight line arc between 
Point 39 and Point 40. At that intersection the boundary extends across 
the river towards Point 40 until it intersects the Mean High Water Line 
of the northern shore of the Gualala River. From this intersection the 
boundary follows the Mean High Water Line to Arena Cove in Mendocino 
County. At Arena Cove the boundary continues along the Mean High Water 
Line of the southern shore of Arena Cove until it intersects a straight 
line arc connecting Point 41 and Point 42. At that intersection the 
boundary extends across the cove towards Point 42 until it intersects 
the Mean High Water Line of the northern shore of Arena Cove. From this 
intersection the boundary follows the Mean High Water Line north to the 
Garcia River. At the Garcia River the boundary continues along the Mean 
High Water Line of the southern shore of the Garcia River until it 
intersects a straight line arc connecting Point 43 and Point 44. At 
that intersection the boundary extends across the river towards Point 
44 until it intersects the Mean High Water Line of the northern shore 
of the Garcia River. The Sanctuary boundary then continues to follow 
the Mean High Water Line until it intersects the rhumb line connecting 
Point 45 at Manchester Beach in Mendocino County, California and Point 
46. From this intersection the Sanctuary boundary continues west along 
its northernmost extent to Point 46. The Sanctuary includes Bolinas 
Lagoon, Estero de San Antonio (to the tide gate at Valley Ford-Franklin 
School Road) and Estero Americano (to the bridge at Valley Ford-Estero 
Road), as well as Bodega Bay, but does not include Bodega Harbor, the 
Salmon Creek Estuary, the Russian River Estuary, the Gualala River 
Estuary, the portion of Arena Cove from the end of the pier eastward, 
or the Garcia River Estuary. Unless otherwise specified, where the 
Sanctuary boundary crosses a waterway, the Sanctuary excludes this 
waterway.


Sec.  922.81  Definitions.

    In addition to those definitions found at Sec.  922.3, the 
following definitions apply to this subpart:
    Attract or attracting means the conduct of any activity that lures 
or may lure any animal in the Sanctuary by using food, bait, chum, 
dyes, decoys (e.g., surfboards or body boards used as decoys), 
acoustics or any other means, except the mere presence of human beings 
(e.g., swimmers, divers, boaters, kayakers, surfers).
    Clean means not containing detectable levels of harmful matter.
    Cruise ship means a vessel with 250 or more passenger berths for 
hire.
    Deserting means leaving a vessel aground or adrift without 
notification to the Director of the vessel going aground or becoming 
adrift within 12 hours of its discovery and developing and presenting 
to the Director a preliminary salvage plan within 24 hours of such 
notification, after expressing or otherwise manifesting intention not 
to undertake or to cease salvage efforts, or when the owner/operator 
cannot after reasonable efforts by the Director be reached within 12 
hours of the vessel's condition being reported to authorities; or 
leaving a vessel at anchor when its condition creates potential for a 
grounding, discharge, or deposit and the owner/operator fails to secure 
the vessel in a timely manner.
    Harmful matter means any substance, or combination of substances, 
that because of its quantity, concentration, or physical, chemical, or 
infectious characteristics may pose a present or potential threat to 
Sanctuary resources or qualities, including but not limited to: Fishing 
nets, fishing line, hooks, fuel, oil, and those contaminants 
(regardless of quantity) listed pursuant to 42 U.S.C. 101(14) of the 
Comprehensive Environmental Response, Compensation and Liability Act at 
40 CFR 302.4.
    Introduced species means any species (including, but not limited 
to, any of its biological matter capable of propagation) that is non-
native to the ecosystems of the Sanctuary; or any organism into which 
altered genetic matter, or genetic matter from another species, has 
been transferred in order that the host organism acquires the genetic 
traits of the transferred genes.
    Motorized personal watercraft means any vessel, propelled by 
machinery, that is designed to be operated by standing, sitting, or 
kneeling on, astride, or behind the vessel, in contrast to the 
conventional manner, where the operator stands or sits inside the 
vessel; any vessel less than 20 feet in length overall as manufactured 
and propelled by machinery and that has been exempted from compliance 
with the U.S. Coast Guard's Maximum Capacities Marking for Load 
Capacity regulation found at 33 CFR Parts 181 and 183, except 
submarines; or any other vessel that is less than 20 feet in length 
overall as manufactured, and is propelled by a water jet pump or drive.
    Routine maintenance means customary and standard procedures for 
maintaining docks or piers.
    Seagrass means any species of marine angiosperms (flowering plants) 
that inhabit portions of the submerged lands in the Sanctuary. Those 
species include, but are not limited to: Zostera asiatica and Zostera 
marina.
    Special Wildlife Protection Zones are areas of high biological 
diversity and/or abundance of species that are susceptible to 
disturbance, including

[[Page 20996]]

federally listed and specially protected species. In particular these 
areas are white shark, seabird and marine mammal (pinniped) 
``hotspots''. White shark ``hotspots'' are where there are globally 
significant concentrations of white sharks. Seabird ``hotspots'' are 
areas with important populations, species diversity, and which support 
high concentration of nesting and roosting birds. Pinniped ``hotpots'' 
provided vital habitat for pupping seals and sea lions. Special 
Wildlife Protection Zones are established where ``hotspots'' are 
susceptible to disturbance and their coordinates are found in Appendix 
D of this Subpart.


Sec.  922.82  Prohibited or otherwise regulated activities.

    (a) The following activities are prohibited and thus are unlawful 
for any person to conduct or to cause to be conducted within the 
Sanctuary:
    (1) Exploring for, developing, or producing oil, gas or minerals.
    (2) Discharging or depositing from within or into the Sanctuary, 
other than from a cruise ship, any material or other matter except:
    (i) Fish, fish parts, chumming materials or bait used in or 
resulting from lawful fishing activities within the Sanctuary, provided 
that such discharge or deposit is during the conduct of lawful fishing 
activity within the Sanctuary;
    (ii) For a vessel less than 300 gross registered tons (GRT), or a 
vessel 300 GRT or greater without sufficient holding tank capacity to 
hold sewage while within the Sanctuary, clean effluent generated 
incidental to vessel use by an operable Type I or II marine sanitation 
device (U.S. Coast Guard classification) that is approved in accordance 
with section 312 of the Federal Water Pollution Control Act, as amended 
(FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine 
sanitation devices in a manner that prevents discharge or deposit of 
untreated sewage;
    (iii) Clean vessel deck wash down, clean vessel engine cooling 
water, clean vessel generator cooling water, clean bilge water, or 
anchor wash;
    (iv) For a vessel less than 300 GRT or a vessel 300 GRT or greater 
without sufficient holding capacity to hold the graywater while within 
the Sanctuary, clean graywater as defined by section 312 of the FWPCA; 
or
    (v) Vessel engine or generator exhaust.
    (3) Discharging or depositing from within or into the Sanctuary any 
material or other matter from a cruise ship except clean vessel engine 
cooling water, clean vessel generator cooling water, vessel engine or 
generator exhaust, clean bilge water, or anchor wash.
    (4) Discharging or depositing, from beyond the boundary of the 
Sanctuary, any material or other matter that subsequently enters the 
Sanctuary and injures a Sanctuary resource or quality, except for the 
exclusions listed in paragraphs (a)(2)(i) through (v) and (a)(3) of 
this section.
    (5) Constructing any structure other than a navigation aid on or in 
the submerged lands of the Sanctuary; placing or abandoning any 
structure on or in the submerged lands of the Sanctuary; or drilling 
into, dredging, or otherwise altering the submerged lands of the 
Sanctuary in any way, except:
    (i) By anchoring vessels (in a manner not otherwise prohibited by 
this part (see Sec.  922.82(a)(16));
    (ii) While conducting lawful fishing activities;
    (iii) Routine maintenance and construction of docks and piers on 
Tomales Bay; or
    (iv) Mariculture activities conducted pursuant to a valid lease, 
permit, license or other authorization issued by the State of 
California.
    (6) Operating motorized personal watercraft (MPWC), except for:
    (i) Emergency search and rescue missions or law enforcement 
operations (other than routine training activities) carried out by the 
National Park Service, U.S. Coast Guard, Fire or Police Departments or 
other Federal, State or local jurisdictions; or
    (ii) An MPWC equipped with an operable Global Positional System 
(GPS) unit in working condition within the four designated zones within 
the Sanctuary described in Appendix C to this subpart.
    (7) Taking any marine mammal, sea turtle, or bird within or above 
the Sanctuary, except as authorized by the Marine Mammal Protection 
Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species Act 
(ESA), as amended, 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, 
as amended, (MBTA), 16 U.S.C. 703 et seq., or any regulation, as 
amended, promulgated under the MMPA, ESA, or MBTA.
    (8) Possessing within the Sanctuary (regardless of where taken, 
moved or removed from), any marine mammal, sea turtle, or bird taken, 
except as authorized by the MMPA, ESA, MBTA, by any regulation, as 
amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for 
valid law enforcement purposes.
    (9) Possessing, moving, removing, or injuring, or attempting to 
possess, move, remove or injure, a Sanctuary historical resource.
    (10) Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species, except:
    (i) Striped bass (Morone saxatilis) released during catch and 
release fishing activity; or
    (ii) Species cultivated by mariculture activities in Tomales Bay 
pursuant to a valid lease, permit, license or other authorization 
issued by the State of California and in effect on the effective date 
of the final regulation.
    (11) Disturbing marine mammals or seabirds by flying motorized 
aircraft at less than 1,000 feet over the waters within the seven 
designated Special Wildlife Protection Zones described in Appendix D to 
this subpart, except transiting Zone 6 to transport authorized persons 
or supplies to or from Southeast Farallon Island or for enforcement 
purposes. Failure to maintain a minimum altitude of 1,000 feet above 
ground level over such waters is presumed to disturb marine mammals or 
seabirds.
    (12) Operating any vessel engaged in the trade of carrying cargo 
within an area extending 1 nautical mile from a designated Special 
Wildlife Protection Zone described in Appendix D to this subpart. This 
includes but is not limited to tankers and other bulk carriers and 
barges, or any vessel engaged in the trade of servicing offshore 
installations, except to transport persons or supplies to or from the 
Islands or mainland areas adjacent to Sanctuary waters. In no event 
shall this section be construed to limit access for fishing, 
recreational or research vessels.
    (13) Attracting a white shark anywhere in the Sanctuary; or 
approaching within 50 meters of any white shark within the line 
approximating 1 nautical mile around Special Wildlife Protection Zone 6 
and 7 described in Appendix D.
    (14) Deserting a vessel aground, at anchor, or adrift in the 
Sanctuary.
    (15) Leaving harmful matter aboard a grounded or deserted vessel in 
the Sanctuary.
    (16) Anchoring a vessel in a designated seagrass protection zone in 
Tomales Bay, except as necessary for mariculture operations conducted 
pursuant to a valid lease, permit or license. The coordinates for the 
no-anchoring seagrass protection zones are listed in Appendix B to this 
subpart.
    (17) Interfering with, obstructing, delaying, or preventing an 
investigation, search, seizure, or disposition of seized property in 
connection with

[[Page 20997]]

enforcement of the Act or any regulation or permit issued under the 
Act.
    (b) All activities currently carried out by the Department of 
Defense within the Sanctuary are essential for the national defense 
and, therefore, not subject to the prohibitions in this section. The 
exemption of additional activities shall be determined in consultation 
between the Director and the Department of Defense.
    (c) The prohibitions in paragraph (a) of this section do not apply 
to activities necessary to respond to an emergency threatening life, 
property, or the environment.
    (d) The prohibitions in paragraphs (a)(2) through (9) and (a)(11) 
through (16) of this section do not apply to any activity executed in 
accordance with the scope, purpose, terms, and conditions of a National 
Marine Sanctuary permit issued pursuant to 15 CFR 922.48 and 922.83 or 
a Special Use permit issued pursuant to section 310 of the Act.
    (e) The prohibitions in paragraphs (a)(2) through (9) and (10), for 
the introduction of a introduced species from shellfish mariculture in 
state waters determined to be non-invasive, of this section do not 
apply to any activity authorized by any lease, permit, license, 
approval, or other authorization issued after the effective date of 
Sanctuary designation or expansion and issued by any Federal, State, or 
local authority of competent jurisdiction, provided that the applicant 
complies with 15 CFR 922.49, the Director notifies the applicant and 
authorizing agency that he or she does not object to issuance of the 
authorization, and the applicant complies with any terms and conditions 
the Director deems necessary to protect Sanctuary resources and 
qualities. Amendments, renewals, and extensions of authorizations in 
existence on the effective date of designation or expansion constitute 
authorizations issued after the effective date of Sanctuary designation 
or expansion.


Sec.  922.83  Permit procedures and issuance criteria.

    (a) A person may conduct an activity prohibited by Sec.  
922.82(a)(2) through (9) and (a)(11) through (16) if such activity is 
specifically authorized by, and conducted in accordance with the scope, 
purpose, terms and conditions of, a permit issued under Sec.  922.48 
and this section.
    (b) The Director, at his or her discretion, may issue a National 
Marine Sanctuary permit under this section, subject to terms and 
conditions as he or she deems appropriate, if the Director finds that 
the activity will:
    (1) Further research or monitoring related to Sanctuary resources 
and qualities;
    (2) Further the educational value of the Sanctuary;
    (3) Further salvage or recovery operations; or
    (4) Assist in managing the Sanctuary.
    (c) In deciding whether to issue a permit, the Director shall 
consider factors such as:
    (1) The applicant is qualified to conduct and complete the proposed 
activity;
    (2) The applicant has adequate financial resources available to 
conduct and complete the proposed activity;
    (3) The methods and procedures proposed by the applicant are 
appropriate to achieve the goals of the proposed activity, especially 
in relation to the potential effects of the proposed activity on 
Sanctuary resources and qualities;
    (4) The proposed activity will be conducted in a manner compatible 
with the primary objective of protection of Sanctuary resources and 
qualities, considering the extent to which the conduct of the activity 
may diminish or enhance Sanctuary resources and qualities, any 
potential indirect, secondary or cumulative effects of the activity, 
and the duration of such effects;
    (5) The proposed activity will be conducted in a manner compatible 
with the value of the Sanctuary, considering the extent to which the 
conduct of the activity may result in conflicts between different users 
of the Sanctuary, and the duration of such effects;
    (6) It is necessary to conduct the proposed activity within the 
Sanctuary;
    (7) The reasonably expected end value of the proposed activity to 
the furtherance of Sanctuary goals and purposes outweighs any potential 
adverse effects on Sanctuary resources and qualities from the conduct 
of the activity; and
    (8) Any other factors as the Director deems appropriate.
    (d) Applications. (1) Applications for permits should be addressed 
to the Director, Office of National Marine Sanctuaries; ATTN: 
Superintendent, Gulf of the Farallones National Marine Sanctuary, 991 
Marine Dr., The Presidio, San Francisco, CA 94129.
    (2) In addition to the information listed in Sec.  922.48(b), all 
applications must include information to be considered by the Director 
in paragraph (b) and (c) of this section.
    (e) The permittee must agree to hold the United States harmless 
against any claims arising out of the conduct of the permitted 
activities.


Sec.  922.84  Certification of other permits.

    A permit, license, or other authorization allowing activities 
prohibited by sanctuary regulations, occurring prior to the effective 
date of sanctuary expansion and within the sanctuary expansion area, 
must be certified by the Director as consistent with the purpose of the 
Sanctuary and having no significant effect on Sanctuary resources. Such 
certification may impose terms and conditions as deemed appropriate to 
ensure consistency. In considering whether to make the certifications 
called for in this section, the Director may seek and consider the 
views of any other person or entity, within or outside the Federal 
government, and may hold a public hearing as deemed appropriate. Any 
request for certification called for in this section must be received 
by the Director within 60 days of the effective date of sanctuary 
expansion. The Director may amend, suspend, or revoke any certification 
made under this section whenever continued operation would violate any 
terms or conditions of the certification. Any such action shall be 
forwarded in writing to both the holder of the certified permit, 
license, or other authorization and the issuing agency and shall set 
forth reason(s) for the action taken.

Appendix A to Subpart H of Part 922--Gulf of the Farallones National 
Marine Sanctuary Boundary Coordinates

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

------------------------------------------------------------------------
              Point ID No.                   Latitude        Longitude
------------------------------------------------------------------------
1.......................................        39.00000      -124.33350
2.......................................        38.29989      -123.99988
3.......................................        38.29989      -123.20005
4.......................................        38.26390      -123.18138
5.......................................        38.21001      -123.11913
6.......................................        38.16576      -123.09207
7.......................................        38.14072      -123.08237
8.......................................        38.12829      -123.08742
9.......................................        38.10215      -123.09804
10......................................        38.09069      -123.10387
11......................................        38.07898      -123.10924
12......................................        38.06505      -123.11711
13......................................        38.05202      -123.12827
14......................................        37.99227      -123.14137
15......................................        37.98947      -123.23615
16......................................        37.95880      -123.32312
17......................................        37.90464      -123.38958
18......................................        37.83480      -123.42579
19......................................        37.76687      -123.42694
20......................................        37.75932      -123.42686
21......................................        37.68892      -123.39274
22......................................        37.63356      -123.32819
23......................................        37.60123      -123.24292
24......................................        37.59165      -123.22641
25......................................        37.56305      -123.19859
26......................................        37.52001      -123.12879
27......................................        37.50819      -123.09617

[[Page 20998]]

 
28......................................        37.49418      -123.00770
29......................................        37.50948      -122.90614
30......................................        37.52988      -122.85988
31......................................        37.57147      -122.80399
32......................................        37.61622      -122.76937
33......................................        37.66641      -122.75105
34......................................        37.88225      -122.62753
35......................................        38.35055      -123.06659
36......................................        38.35559      -123.06663
37......................................        38.44575      -123.12602
38......................................        38.45531      -123.13469
39......................................        38.76231      -123.52957
40......................................        38.76899      -123.53398
41......................................        38.91172      -123.71152
42......................................        38.91632      -123.71152
43......................................        38.95404      -123.73405
44......................................        38.96149      -123.71914
45......................................        39.00000      -123.69710
46......................................        39.00000      -124.33350
------------------------------------------------------------------------

Appendix B to Subpart H of Part 922--No-Anchoring Seagrass Protection 
Zones in Tomales Bay

    Coordinates listed in this appendix are unprojected (Geographic) 
and based on the North American Datum of 1983.
    ZONE 1: Zone 1 is an area of approximately .11 square nautical 
miles (.15 square miles) offshore south of Millerton Point. The 
eastern boundary is a straight line arc that connects points 1 and 2 
listed in the coordinate table below. The southern boundary is a 
straight line arc that connects points 2 and 3, the western boundary 
is a straight line arc that connects points 3 and 4 and the northern 
boundary is a straight line arc that connects point 4 to point 5. 
All coordinates are in the Geographic Coordinate System relative to 
the North American Datum of 1983.

------------------------------------------------------------------------
             Zone 1 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.10571      -122.84565
2.......................................        38.09888      -122.83603
3.......................................        38.09878      -122.84431
4.......................................        38.10514      -122.84904
5.......................................        38.10571      -122.84565
------------------------------------------------------------------------

    ZONE 2: Zone 2 is an area of approximately .15 square nautical 
miles (.19 square miles) that begins just south of Marconi and 
extends approximately 1.6 nautical miles (1.9 miles) south along the 
eastern shore of Tomales Bay. The western boundary is a series of 
straight line arcs that connect point 1 to point 5 listed in the 
coordinate table below. The southern boundary is a straight line arc 
that extends from point 5 towards point 6 until it intersects the 
Mean High Water Line. From this intersection the eastern boundary 
follows the Mean High Water Line north until it intersects the 
straight line arc that connects point 7 to point 8. From this 
intersection the northern boundary extends to point 8. All 
coordinates are in the Geographic Coordinate System relative to the 
North American Datum of 1983.

------------------------------------------------------------------------
             Zone 2 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.13326      -122.87178
2.......................................        38.12724      -122.86488
3.......................................        38.12563      -122.86480
4.......................................        38.11899      -122.86731
5.......................................        38.11386      -122.85851
6.......................................        38.11608      -122.85813
7.......................................        38.14078      -122.87433
8.......................................        38.13326       122.87178
------------------------------------------------------------------------

    ZONE 3: Zone 3 is an area of approximately .01 square nautical 
miles (.02 square miles) that begins just south of Marshall and 
extends approximately .5 nautical miles (.6 miles) south along the 
eastern shore of Tomales Bay. The western boundary is a straight 
line arc that connects point 1 to point 2 listed in the coordinate 
table below. The southern boundary is a straight line arc that 
extends from point 2 towards point 3 until it intersects the Mean 
High Water Line. From this intersection the eastern boundary follows 
the Mean High Water Line northward until it intersects the straight 
line arc that connects point 4 to point 5. From this intersection 
the northern boundary extends westward along the straight line arc 
that connects point 4 to point 5. All coordinates are in the 
Geographic Coordinate System relative to the North American Datum of 
1983.

------------------------------------------------------------------------
             Zone 3 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.15956      -122.89573
2.......................................        38.15250      -122.89042
3.......................................        38.15292      -122.88984
4.......................................        38.16038      -122.89566
5.......................................        38.15956      -122.89573
------------------------------------------------------------------------

    ZONE 4: Zone 4 is an area of approximately .18 square nautical 
miles (.21 square miles) that begins just north of Nicks Cove and 
extends approximately 2.7 nautical miles (3.1 miles) south along the 
eastern shore of Tomales Bay to just south of Cypress Grove. The 
western boundary is a series of straight line arcs that connect 
point 1 to point 8 listed in the coordinate table below. The 
southern boundary is a straight line arc that extends from point 8 
towards point 9 until it intersects the Mean High Water Line. From 
this intersection the eastern boundary follows the Mean High Water 
Line north until it intersects the straight line arc that connects 
point-10 to point 11. From this intersection the northern boundary 
extends westward along the straight line arc that connects point 10 
to point 11. All coordinates are in the Geographic Coordinate System 
relative to the North American Datum of 1983.

------------------------------------------------------------------------
             Zone 4 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.20004      -122.92315
2.......................................        38.18881      -122.91740
3.......................................        38.18651      -122.91404
4.......................................        38.17919      -122.91021
5.......................................        38.17450      -122.90545
6.......................................        38.16869      -122.90475
7.......................................        38.16535      -122.90308
8.......................................        38.16227      -122.89650
9.......................................        38.16266      -122.89620
10......................................        38.20080      -122.92174
11......................................        38.20004      -122.92315
------------------------------------------------------------------------

    ZONE 5: Zone 5 is an area of approximately 1.3 square nautical 
miles (1.6 square miles) that begins east of Lawsons Landing and 
extends approximately 2.7 nautical miles (3.1 miles) east and south 
along the eastern shore of Tomales Bay but excludes areas adjacent 
(approximately .32 nautical miles or .37 miles) to the mouth of 
Walker Creek. The eastern boundary is a series of straight line arcs 
that connect point 1 to point 3 listed in the coordinate table 
below. From point 3 the southern boundary trends eastward along the 
straight line arc that connects point 3 to point 4 until it 
intersects the Mean High Water Line. From this intersection the 
boundary follows the Mean High Water Line northward until it 
intersects the straight line arc that connects point 5 to point 6. 
From this intersection the boundary extends westward along the 
straight line arc that connects point 5 to point 6. From point 6 the 
boundary follows the straight lines arc that connects point 6 to 
point 7, and then extends along the straight line arc that connects 
point 7 to point 8 until it again intersects the Mean High Water 
Line. From this intersection the boundary follows the Mean High 
Water Line until it intersects the straight line arc that connects 
point 9 to point 10. From this intersection the boundary extends to 
point 10 along the straight line arc that connects point 9 to point 
10. All coordinates are in the Geographic Coordinate System relative 
to the North American Datum of 1983.

------------------------------------------------------------------------
             Zone 5 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.21825      -122.96041
2.......................................        38.20666      -122.94397
3.......................................        38.19431      -122.93431
4.......................................        38.20080      -122.92174
5.......................................        38.20522      -122.92446
6.......................................        38.20366      -122.93246
7.......................................        38.20938      -122.94153
8.......................................        38.21106      -122.93742
9.......................................        38.23129      -122.96293
10......................................        38.21825      -122.96041
------------------------------------------------------------------------

    ZONE 6: Zone 6 is an area of approximately .01 square nautical 
miles (.02 square miles) in the vicinity of Indian Beach along the 
western shore of Tomales Bay. The eastern boundary is a straight 
line arc that connects point 1 to point 2 listed in the coordinate 
table below. The southern boundary extends westward along the 
straight line arc that connects point 2 to point 3 until it 
intersects the Mean High Water Line. From this intersection the 
eastern boundary follows the Mean High Water Line northward until it 
intersects the straight line arc that connects point 3 to point 4. 
From this intersection the northern boundary extends eastward along 
the straight line arc that connects point 4 to point 5. All 
coordinates are in the Geographic Coordinate

[[Page 20999]]

System relative to the North American Datum of 1983.

------------------------------------------------------------------------
             Zone 6 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.14103      -122.89537
2.......................................        38.13919      -122.89391
3.......................................        38.13804      -122.89610
4.......................................        38.14033      -122.89683
5.......................................        38.14103      -122.89537
------------------------------------------------------------------------

    Zone 7: Zone 7 is an area of approximately .09 square nautical 
miles (.12 square miles) that begins just south of Pebble Beach and 
extends approximately 1.6 nautical miles (1.9 miles) south along the 
western shore of Tomales Bay. The eastern boundary is a series of 
straight line arcs that connect point 1 to point 5 listed in the 
coordinate table below. The southern boundary extends along the 
straight line arc that connects point 5 to point 6 until it 
intersect the Mean High Water Line. From this intersection the 
western boundary extends north along the Mean High Water Line until 
it intersects the straight line arc that connects point 7 to point 
8. From this intersection the northern boundary extends eastward 
along the straight line arc that connects point 7 to point 8. All 
coordinates are in the Geographic Coordinate System relative to the 
North American Datum of 1983.

------------------------------------------------------------------------
             Zone 7 Point ID                 Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.13067      -122.88620
2.......................................        38.12362      -122.87984
3.......................................        38.11916      -122.87491
4.......................................        38.11486      -122.86896
5.......................................        38.11096      -122.86468
6.......................................        38.11027      -122.86551
7.......................................        38.13001      -122.88749
8.......................................        38.13067      -122.88620
------------------------------------------------------------------------

Appendix C to Subpart H of Part 922--Motorized Personal Watercraft 
Zones and Access Routes Within the Sanctuary

    Coordinates listed in this appendix are unprojected (Geographic) 
and based on the North American Datum of 1983.
    The four zones and access routes are:
    (1) Motorized Personal Watercraft Zone 1 (MPWCZ 1) encompasses 
an area of approximately 6.4 square nautical miles (8.5 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The western boundary of MPWCZ 1 extends 
due south along a meridian from Point 1, west of Manchester Beach in 
Mendocino County, to Point 2, which is west of Arena Cove. The 
boundary then follows a rhumb line east from Point 2 towards Point 3 
until it intersects the Mean High Water Line at the south end of 
Arena Cove. From this intersection, the boundary follows the Mean 
High Water Line until it intersects the straight line arc that 
connects Point 4 and Point 5. The boundary extends across Arena Cove 
along this arc until it intersects the Mean High Water Line on the 
north side of Arena Cove. The boundary then follows the Mean High 
Water Line until it intersects the rhumb line that connects Point 6 
and Point 7. From this intersection, the boundary extends due west 
to Point 7. From Point 7 the boundary extends due north along the 
meridian that connects Point 7 and Point 8 until it intersects the 
Mean High Water Line on the north side of Point Arena. From this 
intersection the boundary again follows the Mean High Water Line 
until it intersects the rhumb line connecting Point 9 and Point 10. 
The boundary then turns seaward and extends due west to Point 10.
    Zone 1 is bounded by:

------------------------------------------------------------------------
           Zone 1 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        39.00000      -123.75000
2.......................................        38.91024      -123.75000
3.......................................        38.91024      -123.71146
4.......................................        38.91172      -123.71152
5.......................................        38.91632      -123.71152
6.......................................        38.91790      -123.72626
7.......................................        38.91790      -123.74166
8.......................................        38.95554      -123.74166
9.......................................        39.00000      -123.69450
10......................................        39.00000      -123.75000
------------------------------------------------------------------------

    (2) Motorized Personal Watercraft Zone 2 (MPWCZ 2) encompasses 
an area of approximately 19.8 square nautical miles (26.2 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The southern boundary of MPWCZ 2 extends 
due east along a rhumb line that connects Point 1, south of Arena 
Cove, to Point 2, just offshore of Haven's Neck in Mendocino County. 
From Point 2 the boundary trends north and west, generally parallel 
to the shoreline, and extends, in sequence, to Point 3 off Iversen 
Point, then to Point 4 off Saunders Landing, and then to Point 5 off 
Moat. From Point 5 the boundary follows the straight line arc that 
connects Point 5 and Point 6 until it intersects the Mean High Water 
Line at the south end of Arena Cove. From this intersection, the 
boundary follows the Mean High Water Line until it intersects the 
straight line arc that connects Point 7 and Point 8. The boundary 
extends across Arena Cove towards Point 8 until it intersects the 
Mean High Water Line on the north side of Arena Cove. The boundary 
then follows the Mean High Water Line until it intersects the 
meridian that connects Point 9 and Point 10. The boundary then 
extends due south to Point 10.
    Zone 2 is bounded by:

------------------------------------------------------------------------
           Zone 2 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.80856      -123.72378
2.......................................        38.80856      -123.60351
3.......................................        38.84514      -123.64738
4.......................................        38.85202      -123.65113
5.......................................        38.88255      -123.68162
6.......................................        38.91033      -123.71114
7.......................................        38.91172      -123.71152
8.......................................        38.91632      -123.71152
9.......................................        38.91790      -123.72626
------------------------------------------------------------------------

    (3) Motorized Personal Watercraft Zone 3 (MPWCZ 3) encompasses 
an area of approximately 2.9 square nautical miles (3.8 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The western boundary of MPWCZ 3 extends 
due south along a meridian from Point 1, west of Timber Cove in 
Sonoma County, to Point 2, which is west of Fort Ross Reef. The 
boundary then turns east and follows a rhumb line from Point 2 to 
Point 3. From Point 3 the boundary turns due north and follows the 
meridian from Point 3 towards Point 4 until it intersects the Mean 
High Water Line at the south end of Timber Cove. From the south end 
of Timber Cove the boundary follows the Mean High Water Line until 
it intersects the rhumb line that connects Point 5 and Point 6. From 
this intersection the boundary extends due west to Point 6.
    Zone 3 is bounded by:

------------------------------------------------------------------------
           Zone 3 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.53150      -123.30000
2.......................................        38.50000      -123.30000
3.......................................        38.50000      -123.26896
4.......................................        38.52519      -123.26896
5.......................................        38.53150      -123.27853
6.......................................        38.53150      -123.30000
------------------------------------------------------------------------

    (4) Motorized Personal Watercraft Zone 4 (MPWCZ 4) encompasses 
an area of approximately 4.6 square nautical miles (6.1 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The western boundary of MPWCZ 4 extends 
due south from Point 1, off Coleman Beach in Sonoma County, to Point 
2, which is east of Bodega Head. From Point 2 the boundary extends 
due east along a rhumb line to Point 3. The boundary continues from 
Point 3 though Point 10 inclusive, in numerical sequence, to form an 
access route that connects to the entrance to Bodega Harbor. From 
Point 10 the boundary extends due north along the meridian that 
connects Point 10 and Point 11. At Point 11 the boundary turns west 
and follows a rhumb line to Point 12. At Point 12 the boundary turns 
due north and follows the meridian from Point 12 to Point 13. From 
Point 13 the boundary extends due east along a rhumb line that 
connects Point 13 and Point 14, until it intersects the Mean High 
Water Line at South Salmon Creek Beach. At this intersection the 
boundary turns northward and follows the Mean High Water Line until 
it intersects the rhumb line that connects Point 15 and Point 16. 
From this intersection the boundary extends due west to Point 16.
    Zone 4 is bounded by:

------------------------------------------------------------------------
           Zone 4 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.36615      -123.10000
2.......................................        38.29800      -123.10000
3.......................................        38.29800      -123.07374
4.......................................        38.27972      -123.07374
5.......................................        38.28542      -123.03204
6.......................................        38.30574      -123.04784
7.......................................        38.30574      -123.04987
8.......................................        38.28619      -123.03437
9.......................................        38.28142      -123.07182

[[Page 21000]]

 
10......................................        38.29800      -123.07182
11......................................        38.31278      -123.07182
12......................................        38.31278      -123.07824
13......................................        38.33200      -123.07824
14......................................        38.33200      -123.06928
15......................................        38.36615      -123.07186
16......................................        38.36615      -123.10000
------------------------------------------------------------------------

Appendix D to Subpart H of Part 922--Special Wildlife Protection Zones 
Within the Sanctuary

    Coordinates listed in this appendix are unprojected (Geographic) 
and based on the North American Datum of 1983.
    (1) Special Wildlife Protection Zone 1 (SWPZ 1) encompasses an 
area of approximately 7.9 square nautical miles (10.5 square miles). 
The precise boundary coordinates are listed in the table following 
this description. The western boundary of SWPZ 1 extends south from 
Point 1, west of Haven's Neck in Mendocino County, to Point 2, west 
of Del Mar Point. The boundary then extends east from Point 2 along 
a rhumb line connecting Point 2 and Point 3 until it intersects the 
Mean High Water Line at Del Mar Point. The SWPZ 1 boundary then 
turns north to follow the Mean High Water Line towards Haven's Neck 
and continues until it intersects a rhumb line connecting Point 4 
and Point 5. From this intersection the Sanctuary boundary continues 
west along its northernmost extent to Point 5.

------------------------------------------------------------------------
           Zone 1 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.80865      -123.63227
2.......................................        38.74096      -123.54306
3.......................................        38.74096      -123.51051
4.......................................        38.80865      -123.60195
5.......................................        38.80865      -123.63227
------------------------------------------------------------------------

    (2) Special Wildlife Protection Zone 2 (SWPZ 2) encompasses an 
area of approximately 16.2 square nautical miles (21.4 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The western boundary of SWPZ 2 extends 
south and east from Point 1, south of Windermere Point in Sonoma 
County, to Point 2 and then to Point 3 in sequence. Point 3 is west 
of Duncans Point in Sonoma County. The boundary then extends east 
from Point 3 along a rhumb line connecting Point 3 and Point 4 until 
it intersects the Mean High Water Line at Duncans Point. The 
boundary then turns north to follow the Mean High Water Line towards 
Windermere Point until it intersects a meridian connecting Point 5 
and Point 6. From this intersection the boundary continues due south 
along a meridian to Point 6.

------------------------------------------------------------------------
           Zone 2 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.49854      -123.26804
2.......................................        38.45095      -123.18564
3.......................................        38.39311      -123.12068
4.......................................        38.39311      -123.09527
5.......................................        38.52487      -123.26804
6.......................................        38.49854      -123.26804
------------------------------------------------------------------------

    (3) Special Wildlife Protection Zone 3 (SWPZ 3) encompasses an 
area of approximately 7 square nautical miles (9.3 square miles). 
The precise boundary coordinates are listed in the table following 
this description. The western boundary of SWPZ 3 extends south and 
east from Point 1, southwest of the Estero de San Antonio in Sonoma 
County, to Point 2, south of Tomales Point in Marin County. The 
boundary then extends north and east from Point 2 along a straight 
line arc connecting Point 2 and Point 3 until it intersects the 
boundary of the Point Reyes National Seashore. From this 
intersection the boundary follows the Point Reyes National Seashore 
boundary around Tomales Point into Tomales Bay and continues until 
it again intersects the straight line arc that connects Point 2 and 
Point 3. From this intersection the boundary follows the straight 
line arc north and east until it intersects the Mean High Water Line 
at Toms Point in Tomales Bay. The SWPZ 3 boundary then follows the 
Mean High Water Line northward towards the Estero de San Antonio 
until it intersects the straight line arc that connects Point 4 and 
Point 5. From this intersection the Sanctuary boundary continues 
south and west to Point 5.

------------------------------------------------------------------------
           Zone 3 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.24001      -123.02963
2.......................................        38.19249      -122.99523
3.......................................        38.21544      -122.95286
4.......................................        38.27011      -122.97840
5.......................................        38.24001      -123.02963
------------------------------------------------------------------------

    (4) Special Wildlife Protection Zone 4 (SWPZ 4) encompasses an 
area of approximately 10.2 square nautical miles (13.5 square 
miles). The precise boundary coordinates are list in the table 
following this description. The western boundary of SWPZ 4 extends 
south and west from Point 1, west of Point Reyes in Marin County, to 
Point 2, south and west of Point Reyes Lighthouse. The boundary then 
follows a straight line arc east and south from Point 2 to Point 3. 
From Point 3 the boundary follows a straight line arc north to Point 
4. From Point 4 the SWPZ 4 boundary proceeds west along the straight 
line arc that connects Point 4 and Point 5 until it intersects the 
Point Reyes National Seashore boundary north of Chimney Rock. The 
boundary then follows the Point Reyes National Seashore boundary 
around Point Reyes until it intersects the straight line arc that 
connects Point 4 and Point 5 north of the Point Reyes Lighthouse. 
From this intersection the boundary turns seaward and continues west 
to Point 5.

------------------------------------------------------------------------
           Zone 4 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.01475      -123.05013
2.......................................        37.97536      -123.05482
3.......................................        37.96521      -122.93771
4.......................................        38.00555      -122.93504
5.......................................        38.01475      -123.05013
------------------------------------------------------------------------

    (5) Special Wildlife Protection Zone 5 (SWPZ 5) encompasses an 
area of approximately 14.8 square nautical miles (19.6 square 
miles). The precise boundary coordinates are listed in the table 
following this description. The western boundary of SWPZ 5 extends 
south and east from Point 1, near Millers Point in Marin County, to 
Point 2, which is south and west of Bolinas Point. The boundary then 
follows a rhumb line east from Point 2 towards Point 3 until it 
intersects the Mean High Water Line at Rocky Point. From this 
intersection, the boundary follows the Mean High Water Line north to 
Bolinas Point and Millers Point, respectively, including Bolinas 
Lagoon but not including Seadrift Lagoon, until it intersects the 
straight line arc that connects Point 4 and Point 5. From this 
intersection the boundary turns seaward and continues to west and 
south along the straight line arc to Point 5.

------------------------------------------------------------------------
           Zone 5 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        37.96579      -122.83284
2.......................................        37.88195      -122.73989
3.......................................        37.88195      -122.62873
4.......................................        37.98554      -122.81172
5.......................................        37.96579      -122.83284
------------------------------------------------------------------------

    (6) Special Wildlife Protection Zone 6 (SWPZ 6) encompasses an 
area of approximately 6.8 square nautical miles (9 square miles). 
The precise boundary coordinates are listed in the table following 
this description. The boundary of SWPZ 6 extends south and west from 
Point 1, north of Southeast Farallon Island, along a straight line 
arc to Point 2, then south and east along a straight line arc to 
Point 3, then north and east along a straight line arc to Point 4, 
then north and west along a straight line arc to Point 5.

------------------------------------------------------------------------
           Zone 6 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        37.72976      -123.00961
2.......................................        37.69697      -123.04374
3.......................................        37.66944      -123.00176
4.......................................        37.70246      -122.96608
5.......................................        37.72976      -123.00961
------------------------------------------------------------------------

    (7) Special Wildlife Protection Zone 7 (SWPZ 7) encompasses an 
area of approximately 6 square nautical miles (7.9 square miles). 
The precise boundary coordinates are listed in the table following 
this description. The boundary of SWPZ 7 extends south and west from 
Point 1, north of North Farallon Island, along a straight line arc 
to Point 2, then south and east along a

[[Page 21001]]

straight line arc to Point 3, then north and east along a straight 
line arc to Point 4, then north and west along a straight line arc 
to Point 5.

------------------------------------------------------------------------
           Zone 7 Point ID No.               Latitude        Longitude
------------------------------------------------------------------------
1.......................................        37.79568      -123.10845
2.......................................        37.76746      -123.13285
3.......................................        37.73947      -123.09341
4.......................................        37.76687      -123.06330
5.......................................        37.79568      -123.10845
------------------------------------------------------------------------

0
4. Revise part 922 Subpart K to read as follows:

Subpart K--Cordell Bank National Marine Sanctuary


Sec.  922.110  Boundary.

    The Cordell Bank National Marine Sanctuary (Sanctuary) boundary 
encompasses a total area of approximately 971 square nautical miles 
(1,286 square miles) of offshore ocean waters, and submerged lands 
thereunder, surrounding the submarine plateau known as Cordell Bank 
along--the northern coast of California, approximately 45 nautical 
miles west-northwest of San Francisco, California. The precise boundary 
coordinates are listed in Appendix A to this subpart. The northern 
boundary of the Sanctuary is a rhumb line that begins approximately 6 
nautical miles (8 miles) west of Bodega Head in Sonoma County, 
California at Point 1 and extends west approximately 38 nautical miles 
(44 miles) to Point 2. This line is part of a shared boundary between 
the Sanctuary and Gulf of the Farallones National Marine Sanctuary 
(GFNMS). The western boundary of the Sanctuary extends south from Point 
2 approximately 34 nautical miles (39 miles) to Point 3. From Point 3 
the Sanctuary boundary continues east 15 nautical miles (17 miles) to 
Point 4 where it intersects the GFNMS boundary again. The line from 
Point 3 to Point 4 forms the southernmost boundary of the Sanctuary. 
The eastern boundary of the Sanctuary is a series of straight lines 
connecting Points 4 through 20 in numerical sequence. The Sanctuary is 
coterminous with GFNMS along both its (the Sanctuary's) eastern and 
northern boundaries.


Sec.  922.111  Definitions.

    In addition to the definitions found in Sec.  922.3, the following 
definitions apply to this subpart:
    Clean means not containing detectable levels of harmful matter.
    Cruise ship means a vessel with 250 or more passenger berths for 
hire.
    Harmful matter means any substance, or combination of substances, 
that because of its quantity, concentration, or physical, chemical, or 
infectious characteristics may pose a present or potential threat to 
Sanctuary resources or qualities, including but not limited to: fishing 
nets, fishing line, hooks, fuel, oil, and those contaminants 
(regardless of quantity) listed pursuant to 42 U.S.C.
    Introduced species means any species (including, but not limited 
to, any of its biological matter capable of propagation) that is non-
native to the ecosystems of the Sanctuary; or any organism into which 
altered genetic matter, or genetic matter from another species, has 
been transferred in order that the host organism acquires the genetic 
traits of the transferred genes.


Sec.  922.112  Prohibited or otherwise regulated activities.

    (a) The following activities are prohibited and thus are unlawful 
for any person to conduct or to cause to be conducted within the 
Sanctuary:
    (1) Exploring for, developing, or producing oil, gas, or minerals.
    (2)(i) Discharging or depositing from within or into the Sanctuary, 
other than from a cruise ship, any material or other matter except:
    (A) Fish, fish parts, chumming materials, or bait used in or 
resulting from lawful fishing activities within the Sanctuary, provided 
that such discharge or deposit is during the conduct of lawful fishing 
activity within the Sanctuary;
    (B) For a vessel less than 300 gross registered tons (GRT), or a 
vessel 300 GRT or greater without sufficient holding tank capacity to 
hold sewage while within the Sanctuary, clean effluent generated 
incidental to vessel use and generated by an operable Type I or II 
marine sanitation device (U.S. Coast Guard classification) approved in 
accordance with section 312 of the Federal Water Pollution Control Act, 
as amended, (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all 
marine sanitation devices in a manner that prevents discharge or 
deposit of untreated sewage;
    (C) Clean vessel deck wash down, clean vessel engine cooling water, 
clean vessel generator cooling water, clean bilge water, or anchor 
wash;
    (D) For a vessel less than 300 GRT or a vessel 300 GRT or greater 
without sufficient holding capacity to hold graywater while within the 
Sanctuary, clean graywater as defined by section 312 of the FWPCA; or
    (E) Vessel engine or generator exhaust.
    (ii) Discharging or depositing from within or into the Sanctuary 
any material or other matter from a cruise ship except clean vessel 
engine cooling water, clean vessel generator cooling water, vessel 
engine or generator exhaust, clean bilge water, or anchor wash.
    (iii) Discharging or depositing, from beyond the boundary of the 
Sanctuary, any material or other matter that subsequently enters the 
Sanctuary and injures a Sanctuary resource or quality, except as listed 
in paragraphs (a)(2)(i) and (a)(2)(ii) of this section.
    (3) On or within the line representing the 50-fathom isobath 
surrounding Cordell Bank, removing, taking, or injuring or attempting 
to remove, take, or injure benthic invertebrates or algae located on 
Cordell Bank. This prohibition does not apply to use of bottom contact 
gear used during fishing activities, which is prohibited pursuant to 50 
CFR part 660 (Fisheries off West Coast States). The coordinates for the 
line representing the 50-fathom isobath are listed in appendix B to 
this subpart. There is a rebuttable presumption that any such resource 
found in the possession of a person within the Sanctuary was taken or 
removed by that person.
    (4)(i) On or within the line representing the 50-fathom isobath 
surrounding Cordell Bank, drilling into, dredging, or otherwise 
altering the submerged lands; or constructing, placing, or abandoning 
any structure, material or other matter on or in the submerged lands. 
This prohibition does not apply to use of bottom contact gear used 
during fishing activities, which is prohibited pursuant to 50 CFR part 
660 (Fisheries off West Coast States). The coordinates for the line 
representing the 50-fathom isobath are listed in appendix B to this 
subpart.
    (ii) In the Sanctuary beyond the line representing the 50-fathom 
isobath surrounding Cordell Bank, drilling into, dredging, or otherwise 
altering the submerged lands; or constructing, placing, or abandoning 
any structure, material or matter on the submerged lands except as 
incidental and necessary for anchoring any vessel or lawful use of any 
fishing gear during normal fishing activities. The coordinates for the 
line representing the 50-fathom isobath are listed in appendix B to 
this subpart.
    (5) Taking any marine mammal, sea turtle, or bird within or above 
the Sanctuary, except as authorized by the Marine Mammal Protection 
Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered Species 
Act, as amended, (ESA), 16 U.S.C. 1531 et seq.,

[[Page 21002]]

Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., 
or any regulation, as amended, promulgated under the MMPA, ESA, or 
MBTA.
    (6) Possessing within the Sanctuary (regardless of where taken, 
moved or removed from), any marine mammal, sea turtle or bird taken, 
except as authorized by the MMPA, ESA, MBTA, by any regulation, as 
amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for 
valid law enforcement purposes.
    (7) Possessing, moving, removing, or injuring, or attempting to 
possess, move, remove or injure, a Sanctuary historical resource.
    (8) Introducing or otherwise releasing from within or into the 
Sanctuary an introduced species, except striped bass (Morone saxatilis) 
released during catch and release fishing activity.
    (9) Interfering with, obstructing, delaying, or preventing an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Act or any regulation or permit 
issued under the Act.
    (b) The prohibitions in paragraph (a) of this section do not apply 
to activities necessary to respond to an emergency threatening life, 
property or the environment.
    (c) All activities being carried out by the Department of Defense 
(DOD) within the Sanctuary on the effective date of designation or 
expansion of the Sanctuary that are necessary for national defense are 
exempt from the prohibitions contained in the regulations in this 
subpart. Additional DOD activities initiated after the effective date 
of designation or expansion that are necessary for national defense 
will be exempted by the Director after consultation between the 
Department of Commerce and DOD. DOD activities not necessary for 
national defense, such as routine exercises and vessel operations, are 
subject to all prohibitions contained in the regulations in this 
subpart.
    (d) The prohibitions in paragraphs (a)(2), (a)(3), and (a)(4)(ii) 
through (a)(7)of this section do not apply to any activity authorized 
by any lease, permit, license, approval, or other authorization issued 
after the effective date of Sanctuary designation or expansion and 
issued by any Federal, State, or local authority of competent 
jurisdiction, provided that the applicant complies with 15 CFR 922.49, 
the Director notifies the applicant and authorizing agency that he or 
she does not object to issuance of the authorization, and the applicant 
complies with any terms and conditions the Director deems necessary to 
protect Sanctuary resources and qualities. Amendments, renewals, and 
extensions of authorizations in existence on the effective date of 
designation or expansion constitute authorizations issued after the 
effective date of Sanctuary designation or expansion.
    (e) The prohibitions in paragraphs (a)(2) through (7) of this 
section do not apply to any activity executed in accordance with the 
scope, purpose, terms, and conditions of a National Marine Sanctuary 
permit issued pursuant to 15 CFR 922.48 and 922.113 or a Special Use 
permit issued pursuant to section 310 of the Act.
    (f) Where necessary to prevent immediate, serious, and irreversible 
damage to a Sanctuary resource, any activity may be regulated within 
the limits of the Act on an emergency basis for no more than 120 days.


Sec.  922.113  Permit procedures and issuance criteria.

    (a) A person may conduct an activity prohibited by Sec.  922.112, 
(a)(2), through (a)(7), if such activity is specifically authorized by, 
and conducted in accordance with the scope, purpose, terms and 
conditions of, a permit issued under Sec.  922.48 and this section.
    (b) The Director, at his or her discretion, may issue a national 
marine sanctuary permit under this section, subject to terms and 
conditions, as he or she deems appropriate, if the Director finds that 
the activity will:
    (1) Further research or monitoring related to Sanctuary resources 
and qualities;
    (2) Further the educational value of the Sanctuary;
    (3) Further salvage or recovery operations in or near the Sanctuary 
in connection with a recent air or marine casualty; or
    (4) Assist in managing the Sanctuary.
    (c) In deciding whether to issue a permit, the Director shall 
consider such factors as:
    (1) The applicant is qualified to conduct and complete the proposed 
activity;
    (2) The applicant has adequate financial resources available to 
conduct and complete the proposed activity;
    (3) The methods and procedures proposed by the applicant are 
appropriate to achieve the goals of the proposed activity, especially 
in relation to the potential effects of the proposed activity on 
Sanctuary resources and qualities;
    (4) The proposed activity will be conducted in a manner compatible 
with the primary objective of protection of Sanctuary resources and 
qualities, considering the extent to which the conduct of the activity 
may diminish or enhance Sanctuary resources and qualities, any 
potential indirect, secondary or cumulative effects of the activity, 
and the duration of such effects;
    (5) The proposed activity will be conducted in a manner compatible 
with the value of the Sanctuary, considering the extent to which the 
conduct of the activity may result in conflicts between different users 
of the Sanctuary, and the duration of such effects;
    (6) It is necessary to conduct the proposed activity within the 
Sanctuary;
    (7) The reasonably expected end value of the proposed activity to 
the furtherance of Sanctuary goals and purposes outweighs any potential 
adverse effects on Sanctuary resources and qualities from the conduct 
of the activity; and
    (8) The Director may consider additional factors as he or she deems 
appropriate.
    (d) Applications. (1) Applications for permits should be addressed 
to the Director, Office of National Marine Sanctuaries; ATTN: 
Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159, 
Olema, CA 94950.
    (2) In addition to the information listed in Sec.  922.48(b), all 
applications must include information to be considered by the Director 
in paragraph (b) and (c) of this section.
    (e) The permittee must agree to hold the United States harmless 
against any claims arising out of the conduct of the permitted 
activities.

Appendix A to Subpart K of Part 922--Cordell Bank National Marine 
Sanctuary Boundary Coordinates

    Coordinates listed in this appendix are unprojected (Geographic 
Coordinate System) and based on the North American Datum of 1983 
(NAD83).

                     Sanctuary Boundary Coordinates
------------------------------------------------------------------------
     Point ID No. sanctuary boundary         Latitude        Longitude
------------------------------------------------------------------------
1.......................................        38.29989      -123.20005
2.......................................        38.29989      -123.99988
3.......................................        37.76687      -123.75143
4.......................................        37.76687      -123.42694
5.......................................        37.83480      -123.42579
6.......................................        37.90464      -123.38958
7.......................................        37.95880      -123.32312
8.......................................        37.98947      -123.23615
9.......................................        37.99227      -123.14137
10......................................        38.05202      -123.12827
11......................................        38.06505      -123.11711
12......................................        38.07898      -123.10924
13......................................        38.09069      -123.10387
14......................................        38.10215      -123.09804

[[Page 21003]]

 
15......................................        38.12829      -123.08742
16......................................        38.14072      -123.08237
17......................................        38.16576      -123.09207
18......................................        38.21001      -123.11913
19......................................        38.26390      -123.18138
20......................................        38.29989      -123.20005
------------------------------------------------------------------------


Appendix B to Subpart K of Part 922--Line Representing the 50-Fathom 
Isobath Surrounding Cordell Bank

    Coordinates listed in this appendix are unprojected (Geographic 
Coordinate System) and based on the North American Datum of 1983 
(NAD83).

                     Cordell Bank Fifty Fathom Line
------------------------------------------------------------------------
              Point ID No.                   Latitude        Longitude
------------------------------------------------------------------------
1.......................................        37.96034      -123.40371
2.......................................        37.96172      -123.42081
3.......................................         37.9911      -123.44379
4.......................................        38.00406      -123.46443
5.......................................        38.01637      -123.46076
6.......................................        38.04684      -123.47920
7.......................................        38.07106      -123.48754
8.......................................        38.07588      -123.47195
9.......................................        38.06451      -123.46146
10......................................        38.07123      -123.44467
11......................................        38.04446      -123.40286
12......................................        38.01442      -123.38588
13......................................        37.98859      -123.37533
14......................................        37.97071      -123.38605
------------------------------------------------------------------------


[FR Doc. 2014-08061 Filed 4-11-14; 8:45 am]
BILLING CODE 3510-NK-P