[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 953-973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 221215-0274]
RIN 0648-AV85


National Marine Sanctuary Regulations

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

ACTION: Final rule; interim final rule; administrative withdrawal.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
published in the Federal Register on May 13, 2022 an interim final rule 
amending the National Marine Sanctuaries program regulations, which has 
not yet gone into effect. With this final rule, NOAA administratively 
withdraws the amendatory instructions and associated regulatory text of 
the interim final rule, and, in response to public comment replaces it 
with slightly revised amendatory instructions and regulatory text for a 
few--but not all--provisions that were in that interim final rule. 
NOAA, however, retains the preamble and the responses to public 
comments provided in the interim final rule. Even with these revisions, 
this final rule is largely similar to the interim final rule, except 
that NOAA retains the existing regulatory language on the definition of 
``commercial fishing'' and retains the opportunity for third party 
appeals of sanctuary permitting decisions by interested parties in 
those sanctuaries that currently recognize such appeals. In addition, 
this final rule removes amendatory instructions for updating the 
boundary description and boundary coordinates for the Flower Garden 
Banks National Marine Sanctuary (NMS), which were inadvertently 
included in the interim final rule and did not reflect a boundary 
expansion that went into effect on March 22, 2021. This document 
provides responses to additional comments received on the interim final 
rule.

[[Page 954]]


DATES: This rule is effective on February 6, 2023. As of January 6, 
2023, the interim final rule published May 13, 2022, at 87 FR 29606, 
delayed on June 24, 2022, at 87 FR 37228, and further delayed on 
September 14, 2022 (87 FR 56268), is withdrawn.

ADDRESSES: Vicki Wedell, NOAA Office of National Marine Sanctuaries, 
(240) 533-0650, [email protected].

FOR FURTHER INFORMATION CONTACT: Vicki Wedell, NOAA Office of National 
Marine Sanctuaries, (240) 533-0650, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The National Marine Sanctuaries Act (NMSA) authorizes the Secretary 
of Commerce (Secretary) to designate, manage, and protect as a national 
marine sanctuary (NMS) any area of the marine environment that is of 
special national significance due to its conservation, recreational, 
ecological, historical, scientific, cultural, archeological, 
educational, or esthetic qualities (16 U.S.C. 1431 et seq.). Since the 
NMSA was enacted, fifteen (15) NMSs have been designated. Day-to-day 
management of the National Marine Sanctuaries System (System) is 
delegated from the Secretary to NOAA's Office of National Marine 
Sanctuaries (ONMS). Regulations implementing the NMSA are codified in 
Title 15, part 922 of the Code of Federal Regulations (CFR). Part 922 
includes general regulations applicable to all sanctuaries (subparts A 
through E) and site-specific regulations that relate to each individual 
sanctuary (subparts F through T).
    As the System evolved and new sanctuaries were designated, 
corresponding changes were made to the general and site-specific 
regulations. In certain instances, these changes produced redundant, 
inconsistent, outdated, or conflicting regulatory provisions. NOAA 
published a proposed rule on January 18, 2011 (78 FR 5998) to update 
and streamline the regulations, and subsequently published an interim 
final rule on May 13, 2022 adopting the proposed changes, establishing 
a delayed effective date, and providing an opportunity for additional 
public comment (87 FR 29606). This final rule withdraws the amendatory 
instructions and associated regulatory text of that interim final rule, 
but retains the preamble and responses to comments provided in that 
interim final rule. The effect of this final rule is to affirm much of 
that interim final rule, as this final rule is largely similar to the 
interim final rule. As such, this final rule updates both the general 
and site-specific regulations as contemplated in the original proposed 
rule, making the regulations more consistent, uniform, concise, 
organized, and understandable by:
     Reorganizing and consolidating existing general 
regulations published in subparts A (General), B (Sanctuary Nomination 
Process), C (Designation of National Marine Sanctuaries), D (Management 
Plan Development and Implementation, and E (Regulations of General 
Applicability) into a new subpart A (Regulations of General 
Applicability);
     Updating and consolidating sanctuary permitting procedures 
and requirements into a new subpart D (National Marine Sanctuary 
Permitting), which applies to all sanctuaries unless expressly stated 
in subpart D or the site-specific regulations;
     Reserving subparts B, C, and E; and
     Making non-substantive, administrative changes to the 
site-specific sanctuary regulations set forth in subparts F through T 
of 15 CFR part 922.

II. Changes to the Interim Final Rule

    This final rule administratively withdraws the amendatory 
instructions and associated text from the interim final rule published 
on May 13, 2022, at 87 FR 29606,\1\ and replaces them with the 
amendatory instructions and associated regulatory text herein, while 
retaining the interim final rule's preamble discussion and the interim 
final rule's responses to comments. The effect of this final rule is to 
largely affirm the interim final rule, while making minor amendments in 
certain provisions to respond to comments and make technical 
corrections to boundary coordinates.
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    \1\ Note, the effective date of Interim Final Rule was delayed 
on June 24, 2022, at 87 FR 37228, and again delayed on September 14, 
2022 at 87 FR 56268.
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    As noted below in ``III. Response to Comments on the interim final 
rule'', NOAA retains the existing regulatory language for the 
definition of the term ``commercial fishing'' and for third party 
appeals of sanctuary permitting decisions by interested persons in 
those sanctuaries that currently recognize such appeals (i.e., Monitor, 
Channel Islands, Greater Farallones, Gray's Reef, Cordell Bank, Mallows 
Bay--Potomac River, Wisconsin Shipwreck Coast national marine 
sanctuaries, and National Marine Sanctuary of American Samoa). In 
addition, this final rule removes amendatory instructions for updating 
the boundary description and boundary coordinates for the Flower Garden 
Banks National Marine Sanctuary (NMS), which were inadvertently 
included in the interim final rule and did not reflect the boundary 
expansion that went into effect on March 22, 2021 (86 FR 15404). These 
changes from the interim final rule are discussed below in more detail.
    In FR Doc. 2022-09626 appearing on page 29606 in the Federal 
Register of Friday, May 13, 2022, the following corrections are made:
    A. Instruction 19 in the regulatory text of the interim final rule, 
appearing at 87 FR 29633, directed the Federal Register to revise 
paragraph (a) in 15 CFR 922.92. However, only the introductory text of 
the paragraph was set out and the remaining subparagraphs in the 
section were inadvertently omitted. The instruction should have said to 
revise the introductory text of paragraph (a), keeping the 
subparagraphs unchanged. In order to retain the subparagraphs to (a), 
NOAA publishes this final rule with this technical correction and makes 
the corresponding changes to the amendatory instructions below.
    B. Instructions 29 and 33 in the regulatory text are removed. The 
boundary description for Flower Garden Banks NMS is set forth in 15 CFR 
922.120, and Appendix A of 15 CFR 922 subpart L, includes the boundary 
coordinates for the Flower Garden Banks NMS. The sanctuary was expanded 
in 2021 to include several additional banks in the northwestern Gulf of 
Mexico (86 FR 4937; January 19, 2021). The amendatory instructions to 
revise the boundary description in 15 CFR 922.120 and the table of 
boundary coordinates are removed so the areas added to the sanctuary in 
2021 will be retained.
    In response to a public comment requesting that NOAA conduct 
additional analysis before modifying the definition of the term 
``commercial fishing,'' NOAA has decided not to move forward with 
changing the definition. NOAA will further evaluate the issues before 
proposing to modify the definition of the term ``commercial fishing.''
    Based on the input we received through public comments, NOAA has 
decided not to finalize the proposal to limit third party appeals to 
only applicants and permittees in sites that allow any interested 
person to appeal. Instead, NOAA is retaining the existing language in 
the regulations that provides the opportunity for third party 
administrative appeals at Monitor NMS, Channel Islands NMS, Greater 
Farallones NMS, Gray's Reef, NMS of American Samoa, Cordell Bank NMS, 
Mallows Bay Potomac River NMS, and

[[Page 955]]

Wisconsin Shipwreck Coast NMS (see subparts F through K and S and T). 
NOAA intends to continue evaluating the process for engaging with 
interested parties in sanctuary permitting decisions and may revisit 
this issue in a subsequent rulemaking process.

III. Response to Comments on the Interim Final Rule

    NOAA received eight public comments on the interim final rule, 
which are divided into ten topics. Each topic is summarized below and 
NOAA's responses follow.
    1. Comment: NOAA received several comments that expressed general 
support for the housekeeping rulemaking effort, in which NOAA seeks to 
streamline and clarify important elements of ONMS regulations. There 
was also support for specific provisions, including the decision not to 
consolidate the definition of ``traditional fishing'' and the decision 
to extend the deadline from 120 days to 180 days for a Regional Fishery 
Management Council to respond to a request for draft fishing 
regulations pursuant to NMSA section 304(a)(5).
    Response: NOAA appreciates the public support for those provisions.
    2. Comment: NOAA received a comment that identified a correction 
that needs to be made regarding a web page on the ONMS website that 
should be updated to include the new expanded Flower Garden Banks NMS 
boundaries. The commenter also identified that Appendix A to subpart L 
of 15 CFR part 922 should be updated to include the new expanded Flower 
Garden Banks NMS boundaries.
    Response: NOAA will update the web page accordingly and, as 
discussed above, this final rule corrects the interim final rule to 
accurately describe the Flower Garden Banks NMS boundaries in subpart L 
of 15 CFR part 922.
    3. Comment: NOAA received a comment requesting that it reissue the 
rulemaking as a proposed rule to solicit additional public comment.
    Response: NOAA declines to reissue the rulemaking as a proposed 
rule. Although several years have passed since the 2013 proposed rule 
was published, NOAA believes the organizational and clarifying changes 
contained in that proposed rule remain relevant and useful, and will 
make it easier for stakeholders and the public to understand and 
navigate the NMSA regulations. NOAA accepted public comment on the 
proposed rule for a period of sixty days from January 28, 2013 through 
March 28, 2013, and NOAA received 28 comments on the proposed rule. 
Recognizing the time that elapsed since the publication of the 2013 
proposed rule, NOAA issued an interim final rule with a delayed 
effective date that provided an additional thirty-day public comment 
period, which opened on May 13, 2022 and closed on June 13, 2022. The 
purpose of this additional public comment period was to provide NOAA 
with further opportunity to consider the potential impact of this 
action, including any relevant new issues or concerns that may have 
arisen in the years since the rule was proposed. NOAA received only 
eight public comments on the interim final rule. In total, ninety days 
of public comment have been afforded for this Action. Given this, NOAA 
believes there has been sufficient opportunity for public engagement to 
identify the relevant views of the public related to this rulemaking.
    4. Comment: One commenter questioned the proposed modification to 
the definition of the term ``commercial fishing'' and recommended that 
additional analysis be completed before the definition is changed. The 
commenter noted that commercial fishing includes specific permitting, 
reporting and operational requirements and that simply trying to sell 
fish does not make that person a commercial fisher. The commenter asked 
how the definition considers charter or for-hire captains that are 
permitted to sell their catch. Lastly, the commenter questioned how 
attempts to fish commercially would be enforced.
    Response: NOAA reviewed the proposed modification to the definition 
of the term ``commercial fishing'' in light of the concerns raised by 
the commenter and has decided not to finalize the proposed modification 
to the definition. NOAA will continue to evaluate the proposed 
modification and may revisit this issue in a subsequent rulemaking.
    5. Comment: One commenter questioned the modification of the term 
``conventional hook and line gear'' and recommended that additional 
analysis be completed before the definition is changed. They indicated 
that the implications of removing the term ``bottom'' in the term 
``bottom longline'' are uncertain and it is unclear why ``bottom 
longline'' is not considered ``conventional hook and line gear.'' The 
commenter also asked about the implications of the change for pelagic 
longline and buoy gear. The commenter further asked whether the length 
of the gear (e.g., the mainline) or number of hooks deployed or the 
material of the mainline impact the applicability of the term 
``conventional hook and line gear.''
    Response: In Flower Garden Banks NMS, ``conventional hook and line 
gear'' is an exception to various regulatory prohibitions relating to 
the discharge or deposit of material within the sanctuary, injuring 
fish, whale shark and other sanctuary resources identified in the site-
specific regulations at 922.122(a)(3)(i)(A) and (a)(7)-(10). Related to 
this sanctuary's regulations, ``conventional hook and line gear'' is 
inclusive of any fishing gear composed of a single line terminated by a 
combination of sinkers and hooks or lures. The definition of 
``conventional hook and line gear'' was first introduced with the 
designation Flower Garden Banks NMS, which is the only site that uses 
the term. Historically, longline, particularly bottom longline, has 
been excluded from the definition of ``conventional hook and line 
gear'' (56 FR 64634; Dec. 5, 1991). According to the 1991 Flower Garden 
Banks NMS Final Environmental Impact Statement (FGBNMS FMP/FEIS), 
handlines were the only commercial fishing method documented at Flower 
Garden Banks NMS at the time of the designation and were particularly 
used for reef fish (see p. 40, FGBNMS FMP/FEIS). The use of bottom 
longlines and similar gear (such as buoy gear) was and still remains 
prohibited at Flower Garden Banks NMS pursuant to regulations 
implementing the Gulf of Mexico Fishery Management Plan for Coral and 
Coral Reefs (see p. 40, FGBNMS FMP/FEIS; see e.g., 50 CFR 622.74(p), 
(q), and (r)). Sport fishermen also used handlines to fish for snappers 
and groupers (see p. 40-41, FGBNMS FMP/FEIS). Since longline (including 
pelagic and buoy gear) is a single line fitted with a series of 
offshoot lines (ganglions) and baited hooks along its entire length, it 
does not fit within the definition of ``conventional hook and line 
gear,'' which is a single line terminated by a combination of sinkers 
and hooks or lures. The purpose of this rulemaking is not to make 
substantive changes to the definition; rather, the purpose, as noted in 
the 2013 proposed rule, is to clarify that the fishing gear prohibition 
applies to all types of longlines in Flower Garden Banks NMS, and not 
just bottom longlines (78 FR 5998, 6001; Jan. 28, 2013). The length of 
the longline mainline, numbers of hooks along the offshoot lines, and 
material of the mainline does not impact the applicability of the term 
``conventional hook and line'' as this term applies to the site-
specific regulations for Flower Garden Banks NMS.

[[Page 956]]

    6. Comment: One commenter expressed concerns that the changes 
between the proposed rule and the interim final rule regarding the 
definition of the term ``take (taking or taken)'' limits its 
applicability to marine mammals, sea turtles and birds with protections 
under those laws identified (the Endangered Species Act (ESA), the 
Marine Mammal Protection Act (MMPA), and the Migratory Bird Treaty Act 
(MBTA)), and asserted that the final definition excludes animals that 
were proposed to be included. The commenter asked that NOAA provide 
additional information about the impacts of this rulemaking on ESA-
listed species and suggested that the changes to the definition of 
``take (taking or taken)'' may affect listed species and therefore may 
require consultation under Section 7 of the Endangered Species Act.
    Response: The proposed rule sought to reformat and update the 
existing definition of ``take or taking.'' The proposed definition of 
``take or taking'' also included a fourth provision intended to clarify 
that the definition did not only apply to marine mammals, sea turtles, 
or birds, but also applied to other sanctuary resources. In response to 
public comments concerned that the proposed definition of ``take or 
taking'' inadvertently expanded the scope of the existing regulatory 
prohibitions (see interim final rule Comment 24 in Section IV. 
Responses to Comments), NOAA revised the proposed definition by 
eliminating the fourth provision. For site-specific regulations that 
prohibit take of other living or non-living sanctuary resources (e.g., 
15 CFR 922.112(a); 922.132(11)(i); 922.163(a)(2), (5); 922.164(d)(ii)), 
the plain language reading of the term ``take (taking or taken)'' 
continues to apply. In this final rule (as in the interim final rule), 
NOAA neither expands nor narrows the scope of the term ``take'' which 
applies to species listed under the ESA, MMPA, or MBTA. This action 
makes no change to the current definition of the term ``take'' as it 
applies to ESA-listed marine mammals, sea turtles, and seabirds. 
Therefore, ONMS does not believe there is a substantive impact on ESA-
listed species, or that the Section 7 ESA consultation requirement is 
triggered.
    7. Comment: NOAA received comments that raised concerns regarding 
limiting administrative permit appeals to applicants and holders of 
permits. These comments asserted that all sanctuaries should allow 
third parties to have an opportunity for an administrative appeal of 
ONMS permit decisions. The commenters also noted that, eliminating 
third party permit appeals, would force third parties to litigate 
sanctuary permitting concerns in federal court.
    Response: NOAA declines to extend third party appeals to all sites. 
However, in response to public comment on the interim final rule, NOAA 
will retain the existing opportunity for third party sanctuary permit 
appeals in sites in the System that currently afford such appeals. If 
NOAA chooses to propose changes to the appellant pool at some point in 
the future, NOAA would do so through a separate rulemaking. NOAA notes 
that interested third parties may also provide meaningful input to the 
permit process and the underlying sanctuary regulations, through a 
variety of other mechanisms, including public review and comment of 
associated environmental analyses as part of the National Environmental 
Policy Act (NEPA) process or other statutory processes, as applicable.
    8. Comment: NOAA received comments that raised concerns about an 
existing ONMS permit approval authority referred to as ONMS 
authorization (found in the interim final rule and this final rule at 
new section 15 CFR 922.36), which allows the ONMS Director to allow an 
applicant to conduct an otherwise prohibited activity if the proposed 
activity is permitted by another valid federal, state, or local agency. 
Commenters asserted that another agency's permit authority should not 
override ONMS regulatory prohibitions that were established during 
sanctuary designation or subsequent regulatory revisions. They also 
asserted that a public review and comment process should be required 
before an ONMS authorization for the prohibited activity is issued.
    Response: The ONMS authorization authority is an existing type of 
permit approval authority that the Director may rely upon to allow 
otherwise prohibited activities within certain National Marine 
Sanctuaries (i.e., Flower Garden Banks, Monterey Bay, Stellwagen Bank, 
Olympic Coast, Florida Keys, Thunder Bay, Mallows Bay-Potomac River, 
and Wisconsin Shipwreck Coast), where such activities are permitted by 
another valid Federal, State, or local agency. The Director must 
consider a suite of review criteria to decide whether to issue an ONMS 
authorization and what terms and conditions should be applied to an 
ONMS authorization. Utilization of this long-standing ONMS 
authorization authority can function to minimize administrative burdens 
on the regulated community while retaining the Director's ability to 
safeguard sanctuary resources and effectively manage those sanctuaries. 
NOAA's revisions to the regulatory provisions on ONMS authorization (as 
found in new section 15 CFR 922.36) are intended to clarify--not 
substantively alter--the existing ONMS authorization authority, which 
was previously codified at 15 CFR 922.49. Through this action, NOAA is 
not expanding the existing ONMS authorization authority or creating a 
new authority. Therefore, this comment is beyond the scope of this 
action. We also note that, as with other ONMS permit approvals, the 
public may provide input to the permit process through other 
mechanisms, including public review and comment of associated 
environmental analyses as part of the NEPA process or other statutory 
processes, as applicable.
    9. Comment: One commenter asked NOAA to further regulate primary 
threats to ESA-listed species in NMSs, including those threats that 
result from fishing activities. The commenter specifically raised 
concerns about language in 15 CFR 922.5 that states, ``[t]he Director 
may only directly regulate fishing activities pursuant to the procedure 
set forth in section 304(a)(5) of the NMSA.'' The commenter asserted 
that it is inconsistent with a provision in Section 2(c) of the ESA 
that establishes that it is ``the policy of Congress that all Federal 
departments and agencies shall seek to conserve endangered species and 
threatened species and shall utilize their authorities in furtherance 
of the purposes of this Act.'' They further stated that the ESA defines 
``conservation'' to mean ``the use of all methods and procedures which 
are necessary to bring any endangered species or threatened species to 
the point at which the measures provided pursuant to the [ESA] are no 
longer necessary.''
    Response: This action is intended to promulgate administrative 
updates to the existing sanctuary regulations (15 CFR part 922) to make 
them more consistent, uniform, concise, organized, and understandable. 
The commenter's request for NOAA to promulgate additional regulatory 
protections to address primary threats to ESA-listed species in NMSs is 
a substantive change that is beyond the scope of this action. Thus, the 
commenter's request to promulgate additional regulatory protections is 
declined.
    10. Comment: One commenter recommended that NOAA update 15 CFR 
922.122(h) to include renewable energy leases. These regulations relate 
to the limitation on the ability of ONMS to issue permits for the 
exploration for, development of, or production of oil,

[[Page 957]]

gas, or minerals in a no-activity zone in the Flower Garden Banks NMS.
    Response: This action is intended to promulgate administrative 
updates to the existing sanctuary regulations (15 CFR part 922) to make 
them more consistent, uniform, concise, organized, and understandable. 
Adding a new restriction on ONMS permitting authority for renewable 
energy leases would be a substantive revision to the regulations that 
is beyond the scope of this rulemaking. Accordingly, the commenter's 
request to update 15 CFR 922.122(h) to include renewable energy leases 
is declined.

V. Classification

A. National Environmental Policy Act 2
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    \2\ In 1978, the White House Council on Environmental Quality 
(CEQ) issued regulations, codified at 40 CFR parts 1500-1508, to 
implement NEPA. 43 FR 55977 (Nov. 29, 1978). Most recently, the CEQ 
updated the NEPA regulations. 85 FR 43304 (Jul. 16, 2020) (codified 
at 40 CFR parts 1500-1508, 1515-1518). Pursuant to those updated 
NEPA regulations, NEPA reviews initiated prior to September 14, 2020 
may be conducted using the 1978 version of the regulations. The 
effective date of the 2020 CEQ NEPA Regulations was September 14, 
2020. This review began before January 13, 2013, and NOAA has 
decided to proceed under the 1978 regulations.
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    NOAA Administrative Order (NAO) 216-6A and the Companion Manual for 
NAO 216-6A (https://www.nepa.noaa.gov/docs/NOAA-NAO-216-6A-Companion-Manual-01132017.pdf) establish NOAA's policy and procedures for 
compliance with NEPA and the associated Council on Environmental 
Quality's regulations. NAO 216-6A, Environmental Review Procedures, 
requires all proposed actions to be reviewed with respect to 
environmental consequences on the human environment.
    In the proposed rule (78 FR 5998; January 28, 2013), NOAA stated 
that it was preparing a draft environmental assessment (EA) to analyze 
the potential environmental impacts of the proposed rulemaking and that 
the draft EA would be released for public comment. The analysis in the 
draft EA would have focused on analyzing the potential environmental 
impacts of the consolidated definition of motorized personal watercraft 
(MPWC). Based on public comment received on the proposed rule, NOAA 
decided to withdraw the proposal to consolidate the MPWC definition and 
it was not included in the interim final rule. As a result, NOAA 
determined that preparation of a draft EA was not necessary for this 
rule. NOAA determined that, because the interim final rule included 
only technical and administrative changes to regulatory text, it fell 
within the criteria of a categorical exclusion in Appendix E of the 
NOAA NEPA Companion Manual, specifically categorical exclusion 
reference number G7 (``Preparation of policy directives, rules, 
regulations, and guidelines of an administrative, financial, legal, 
technical, or procedural nature, or for which the environmental effects 
are too broad, speculative or conjectural to lend themselves to 
meaningful analysis and will be subject later to the NEPA process, 
either collectively or on a case-by-case basis.'') NOAA considered the 
list of extraordinary circumstances and determined that none would be 
triggered by this final rule. Therefore, NOAA determined that this 
final rule would not result in significant effects to the human 
environment and is categorically excluded from the need to prepare an 
EA.

B. Executive Orders 12866 and 13563

    This rule has been determined to be not significant within the 
meaning of Executive Order 12866. The rule is part of NOAA's effort to 
carry out the directive under Executive Order 13563 for retrospective 
regulatory review.

C. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Pursuant to Executive Order 13175, NOAA consults with federally-
recognized tribes on actions that may have tribal implications. NOAA 
determined that the amendments to the Olympic Coast NMS permitting 
regulations in the consolidation of permit procedures and review 
criteria into the new subpart D, although not resulting in a 
substantive change to permitting requirements, could be perceived as 
having tribal implications because some of the regulatory text is 
specific to the federally-recognized tribes along the Washington Coast 
(Coastal Treaty Tribes). Therefore, we have determined that this 
regulation has tribal implications as defined in Executive Order 13175. 
NOAA certifies that this final rule was developed after meaningful 
consultation and collaboration with tribal representatives in 
accordance with Executive Order 13175. NOAA engaged in government-to-
government consultation with tribal representatives from the Makah, Hoh 
and Quileute Indian Tribes and the Quinault Indian Nation of the 
Olympic Coast Intergovernmental Policy Council (IPC). NOAA determined 
that this regulatory action did not have implications for any other 
federally-recognized tribes at other sites.
    In January 2012, NOAA initiated a dialogue with the Coastal Treaty 
Tribes for a potential rulemaking action that would revise and 
consolidate program-wide and site-specific regulations. ONMS staff 
presented initial items for consideration by the IPC and its members at 
a February 8, 2012, meeting. In May 2012, NOAA addressed initial 
concerns that were raised at the February meeting, provided a summary 
of the proposed regulatory changes, and invited the IPC members to 
consult if there were concerns about the general proposals. In October 
2012, NOAA provided more detailed information, including pre-release 
draft regulatory language for program-wide regulations and Olympic 
Coast NMS site-specific regulations that could be of interest to the 
tribes. After the proposed rule was published in the Federal Register, 
NOAA forwarded the notice to the Washington Coast treaty tribes on 
February 15, 2013.
    The Makah Tribe provided comments on the proposed rule that raised 
three priority issues. In addition to the matter noted in the ``IV 
Responses to Comments'' section of the interim final rule, the Makah 
Tribe reiterated its long-standing position about the role of the 
Regional Fishery Management Councils (RFMCs) in fisheries management, 
which did not require action in this rulemaking. The Makah Tribe also 
expressed interest in improved tribal involvement in the consideration 
of Olympic Coast NMS permit applications. Since the publication of the 
2013 proposed rule, Olympic Coast NMS and the Makah Tribe engaged in 
government-to-government consultation in the development of a joint 
``Protocol for Permit Consultation'' (dated April 10, 2015) that 
specifies the procedures by which consultation and coordinated 
communication will occur between the Makah Tribe and Olympic Coast NMS 
staff. The sanctuary staff and tribal representatives meet periodically 
to engage in permit consultations on ONMS permit applications, and the 
results of these meetings are included in ONMS permit decision 
documents. In addition, the Makah Tribe and ONMS have developed a 
protocol to engage in consultation as part of the NMSA section 304(d) 
interagency consultation process and have implemented the protocol in 
two recent sanctuary consultations. Olympic Coast NMS staff regularly 
engages with the Washington Coast treaty tribes on various initiatives 
of mutual interest.

[[Page 958]]

D. Executive Order 13132: Federalism Assessment

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

E. Paperwork Reduction Act

    This rule does not create any new information collection 
requirements, nor does it change existing information collection 
requirements approved by the Office of Management and Budget (OMB 
Control Number 0648-0141) under the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq. (PRA). There are no changes to the reporting burden 
as a result of these regulatory changes. Notwithstanding any other 
provision of the 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 PRA, 
unless that collection of information displays a currently valid OMB 
Control Number.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires Federal agencies to 
prepare an analysis of a rule's impact on small entities whenever the 
agency is required to publish a rule, unless the head of the agency can 
certify, pursuant to 5 U.S.C. 605(b), that the action will not have a 
significant economic impact on a substantial number of small entities.
    Pursuant to section 605(b), the Chief Counsel for Regulations for 
the Department of Commerce, certified to the Office of Advocacy of the 
Small Business Administration during the 2013 proposed rule stage and 
the 2022 interim rule stage that the regulations would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for certification was published in the proposed rule 
(78 FR 5998, 6009; January 18, 2011) and in the interim final rule (87 
FR 29606, 29625; May 13, 2022). No public comments were received 
regarding this certification. Therefore, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Amendments, Appeals, 
Appellant, Application requirements, Authorizations, Definitions, 
Designation, Environmental protection, Marine resources, Natural 
resources, Permitting, Permit procedures, Prohibited activities, 
Special use permit, Stowed and not available for immediate use, 
Resources, Research, Traditional fishing, Water resources.

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

    Accordingly, for the reasons set forth above, 15 CFR part 922 is 
amended 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.

Subpart B [Removed and Reserved]

0
2. Remove and reserve subpart B, consisting of Sec. Sec.  922.910 and 
922.911.

0
3. Revise subpart A to read as follows:

Subpart A--Regulations of General Applicability

Sec.
922.1 Purposes and applicability of the regulations.
922.2 Mission, goals, and special policies.
922.3 Issuance of regulations for fishing.
922.4 Boundaries.
922.5 Allowed activities.
922.6 Prohibited or otherwise regulated activities.
922.7 Emergency regulations.
922.8 Penalties.
922.9 Response costs and damages.
922.10 Pre-existing authorizations or rights and certifications of 
pre-existing authorizations or rights.
922.11 Definitions.
922.12 Sanctuary nomination process.
922.13 Selection of nominated areas for national marine sanctuary 
designation.


Sec.  922.1   Purposes and applicability of the regulations.

    (a) The purposes of this part are:
    (1) To implement title III of the Marine Protection, Research, and 
Sanctuaries Act of 1972, as amended (16 U.S.C. 1431 et seq., also known 
as the National Marine Sanctuaries Act (NMSA or Act)), the Florida Keys 
National Marine Sanctuary and Protection Act (FKNMSPA) (Pub. L. 101-
605) and the Hawaiian Islands National Marine Sanctuary Act (sections 
2301-2307 of Pub. L. 102-587); and
    (2) To implement the designations of the national marine 
sanctuaries, for which site specific regulations appear in subparts F 
through T of this part, by regulating activities affecting them, 
consistent with their respective terms of designation, in order to 
protect, restore, preserve, manage, and thereby ensure the health, 
integrity and continued availability of the conservation, recreational, 
ecological, historical, scientific, educational, cultural, 
archeological and aesthetic resources and qualities of these areas.
    (b) The regulations of this part are binding on any person subject 
to the jurisdiction of the United States. Designation of a national 
marine sanctuary beyond the U.S. territorial sea does not constitute 
any claim to territorial jurisdiction on the part of the United States. 
The regulations of this part shall be applied in accordance with 
generally recognized principles of international law,\1\ and in 
accordance with treaties, conventions, and other agreements to which 
the United States is a party. No regulation of this part shall apply to 
a person who is not a citizen, national, or resident alien of the 
United States, unless in accordance with:
---------------------------------------------------------------------------

    \1\ Based on the legislative history of the NMSA, NOAA has long 
interpreted the text of 16 U.S.C. 1435(a) as encompassing 
international law, including customary international law.
---------------------------------------------------------------------------

    (1) Generally recognized principles of international law;
    (2) An agreement between the United States and the foreign state of 
which the person is a citizen; or
    (3) An agreement between the United States and the flag state of 
the foreign vessel, if the person is a crew member of the vessel.
    (c) Unless noted otherwise, the regulations in this subpart and 
subpart D of this part apply to all national marine sanctuaries 
immediately upon designation.


Sec.  922.2   Mission, goals, and special policies.

    (a) In accordance with the standards set forth in the Act, the 
mission of the Office of National Marine Sanctuaries (Office) is to 
identify, designate, protect, restore, and manage areas of the marine 
environment of special national, and in some cases international, 
significance due to their conservation, recreational, ecological, 
historical, scientific, educational, cultural, archeological, or 
aesthetic resources and qualities.
    (b) The goal of the Office is to carry out the mission of the Act 
in a manner consistent with the purposes and policies of the Act (16 
U.S.C. 1431(b)); the Florida Keys National Marine Sanctuary and 
Protection Act (Pub. L. 101-605) which designated Florida Keys National 
Marine Sanctuary; the Hawaiian Islands National Marine Sanctuary and 
Protection Act (Pub. L. 102-587), which designated Hawaiian Islands 
Humpback Whale National Marine Sanctuary; the Oceans Act of 1992 (Pub. 
L. 102-587), which

[[Page 959]]

designated Stellwagen Bank National Marine Sanctuary; and the National 
Marine Sanctuaries Preservation Act of 1996 (Pub. L. 104-283), which 
added Stetson Bank to Flower Garden Banks National Marine Sanctuary.
    (c) Management efforts will be coordinated to the extent 
practicable with other countries managing marine protected areas;
    (d) Program regulations, policies, standards, guidelines, and 
procedures developed pursuant to the Act concerning the identification, 
evaluation, registration, and treatment of historical resources shall 
be consistent, to the extent practicable, with the declared national 
policy for the protection and preservation of these resources as stated 
in the National Historic Preservation Act of 1966, 54 U.S.C. 300101 et 
seq., the Archeological and Historical Preservation Act of 1974, 54 
U.S.C. 312501 et seq., and the Archeological Resources Protection Act 
of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory 
protection and preservation planning policy extended to historical 
resources on land shall be extended, to the extent practicable, to 
historical resources in the marine environment within the boundaries of 
designated national marine sanctuaries. The management of historical 
resources under the authority of the Act shall be consistent, to the 
extent practicable, with the Federal archeological program by 
consulting the Uniform Regulations, ARPA (43 CFR part 7) and other 
relevant Federal regulations. The Secretary of the Interior's Standards 
and Guidelines for Archeology may also be consulted for guidance.


Sec.  922.3   Issuance of regulations for fishing.

    If a proposed Sanctuary includes waters within the exclusive 
economic zone, the Secretary shall notify the appropriate Regional 
Fishery Management Council(s). The appropriate Council(s) shall have 
one hundred and eighty (180) days from the date of such notification to 
make recommendations and, if appropriate, prepare draft fishing 
regulations for the area within the exclusive economic zone and submit 
them to the Secretary. In preparing its recommendations and draft 
regulations, the Council(s) shall use as guidance the national 
standards of section 301(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1851) to the extent that 
they are consistent and compatible with the goals and objectives of the 
proposed Sanctuary designation. Any fishing activities not proposed for 
regulation under section 304(a)(5) of the NMSA may be listed in the 
draft Sanctuary designation document as being subject to regulation, 
without following the procedures specified in section 304(a)(5) of the 
NMSA. If the Secretary subsequently determines that regulation of 
fishing is necessary, then NOAA will follow the procedures specified in 
section 304(a)(5) of the NMSA.


Sec.  922.4   Boundaries.

    The boundaries for each of the fifteen National Marine Sanctuaries 
covered by this part are described in subparts F through T, 
respectively.


Sec.  922.5   Allowed activities.

    All activities (e.g., fishing, boating, diving, research, 
education) may be conducted unless prohibited or otherwise regulated in 
subparts F through T of this part, subject to any emergency regulations 
promulgated pursuant to Sec.  922.7, Sec.  922.112(b), Sec.  922.165, 
Sec.  922.185, Sec.  922.196, Sec.  922.204, or Sec.  922.214 subject 
to all prohibitions, regulations, restrictions, and conditions validly 
imposed by any Federal, State, tribal, or local authority of competent 
jurisdiction, including, but not limited to, Federal, Tribal, and State 
fishery management authorities, and subject to the provisions of 
section 312 of the NMSA. The Director may only directly regulate 
fishing activities pursuant to the procedure set forth in section 
304(a)(5) of the NMSA.


Sec.  922.6   Prohibited or otherwise regulated activities.

    Subparts F through T set forth site-specific regulations applicable 
to the activities specified therein.


Sec.  922.7   Emergency regulations.

    (a) Where necessary to prevent or minimize the destruction of, loss 
of, or injury to a Sanctuary resource or quality, or minimize the 
imminent risk of such destruction, loss, or injury, any and all such 
activities are subject to immediate temporary regulation, including 
prohibition.
    (b) This section does not apply to the following national marine 
sanctuaries with site-specific regulations that establish procedures 
for issuing emergency regulations:
    (1) Cordell Bank National Marine Sanctuary, Sec.  922.112(e).
    (2) Florida Keys National Marine Sanctuary, Sec.  922.165.
    (3) Hawaiian Islands Humpback Whale National Marine Sanctuary, 
Sec.  922.185.
    (4) Thunder Bay National Marine Sanctuary, Sec.  922.196.
    (5) Mallows Bay--Potomac River National Marine Sanctuary, Sec.  
922.204.
    (6) Wisconsin Shipwreck Coast National Marine Sanctuary, Sec.  
922.214.


Sec.  922.8   Penalties.

    (a) Each violation of the NMSA or the other statutes designating 
national marine sanctuaries listed in Sec.  922.2(b), any regulation in 
this part or any permit issued pursuant thereto, is subject to a civil 
penalty. Each day of a continuing violation constitutes a separate 
violation.
    (b) Regulations setting forth the procedures governing 
administrative proceedings for assessment of civil penalties, permit 
sanctions and denials for enforcement reasons, issuance and use of 
written warnings, and release or forfeiture of seized property appear 
at 15 CFR part 904.


Sec.  922.9   Response costs and damages.

    Under section 312 of the Act, any person who destroys, causes the 
loss of, or injures any Sanctuary resource is liable to the United 
States for response costs and damages resulting from such destruction, 
loss, or injury. Any vessel used to destroy, cause the loss of, or 
injure any Sanctuary resource is liable in rem to the United States for 
response costs and damages resulting from such destruction, loss, or 
injury.


Sec.  922.10   Pre-existing authorizations or rights and certifications 
of pre-existing authorizations or rights.

    Any valid lease, permit, license, or right of subsistence use or of 
access that is in existence on the effective date of final regulations 
for a designation or revised terms of designation of any National 
Marine Sanctuary may not be terminated by the Director. The Director 
may, however, regulate the exercise of such leases, permits, licenses, 
or rights consistent with the purposes for which the Sanctuary was 
designated.


Sec.  922.11   Definitions.

    The following definitions shall apply to this part, unless modified 
by the definitions for a specific subpart or regulation:
    Abandoning means leaving without intent to remove any structure, 
material, or other matter on or in the seabed or submerged lands of a 
Sanctuary. For Thunder Bay National Marine Sanctuary and Underwater 
Preserve, abandoning means leaving without intent to remove any 
structure, material or other matter on the lake bottom associated with 
underwater cultural resources.
    Act or NMSA means title III of the Marine Protection, Research, and 
Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et seq., also known 
as the National Marine Sanctuaries Act.

[[Page 960]]

    Assistant Administrator means the Assistant Administrator for Ocean 
Services and Coastal Zone Management, National Oceanic and Atmospheric 
Administration (NOAA) or designee.
    Attract or attracting means the conduct of any activity that lures 
or may lure any animal by using food, bait, chum, dyes, decoys (e.g., 
surfboards or body boards used as decoys), acoustics or any other 
means, except the mere presence of human beings (e.g., swimmers, 
divers, boaters, kayakers, surfers).
    Benthic community means the assemblage of organisms, substrate, and 
structural formations found at or near the sea/ocean/lake bottom that 
is periodically or permanently covered by water.
    Clean means not containing detectable levels of harmful matter.
    Commercial fishing means any activity that results in the sale or 
trade for intended profit of fish, shellfish, algae, or corals.
    Conventional hook and line gear means any fishing gear composed of 
a single line terminated by a combination of sinkers and hooks or lures 
and spooled upon a reel that may be hand, electrically, or 
hydraulically operated, regardless of whether mounted. This term does 
not include longlines.
    Cruise ship means any vessel with 250 or more passenger berths for 
hire.
    Cultural resource means any historical or cultural feature, 
including archaeological sites, historic structures, shipwrecks, and 
artifacts.
    Deserting means leaving a vessel aground, adrift, wrecked, junked, 
or in a substantially dismantled condition without notification to the 
Director of the vessel going aground or becoming adrift, wrecked, 
junked, or substantially dismantled 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.
    Director means, except where otherwise specified, the Director of 
the Office of National Marine Sanctuaries or designee.
    Effective date means the date of final regulations described and 
published in the Federal Register. For regulations governing the 
designation of a new sanctuary or revising terms of designation, 
effective date means the date after the close of the review period of 
the 45th day of continuous session of Congress following submission of 
the Federal Register document of the designation together with final 
regulations to implement the designation and any other matters required 
by law, unless the Governor of any state in which the sanctuary is 
completely or partially located certifies that the designation or any 
of its terms is unacceptable pursuant to section 304(b) of the National 
Marine Sanctuaries Act (NMSA) (16 U.S.C. 1434(b)).
    Exclusive economic zone means the zone established by Proclamation 
5030, dated March 10, 1983, and as defined in the Magnuson-Stevens 
Fishery Conservation and Management Act, as amended 16 U.S.C. 1801 et 
seq.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
marine animal and plant life other than marine mammals and birds, as 
defined in the Magnuson-Stevens Fishery Conservation and Management 
Act, as amended (16 U.S.C. 1802(12)).
    Graywater means graywater as defined by section 312 of the Federal 
Water Pollution Control Act, as amended, 33 U.S.C. 1322.
    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 of 
injury to Sanctuary resources or qualities. Such substances or 
combination of substances may include, but is not limited to: fishing 
nets, fishing line, hooks, fuel, oil, and hazardous substances as 
defined by the Comprehensive Environmental Response, Compensation and 
Liability Act, 42 U.S.C. 9601(14) and designated at 40 CFR 302.4.
    Historical resource means any resource possessing historical, 
cultural, archaeological or paleontological significance, including a 
site, contextual information, structure, district, and object 
significantly associated with or representative of earlier people, 
culture, maritime heritage, and human activities and events. Historical 
resource includes ``cultural resource,'' ``submerged cultural 
resource,'' and ``historical property'' as that term is used in the 
National Historic Preservation Act, as amended, 54 U.S.C. 300101 et 
seq. and its implementing regulations, as amended.
    Indian tribe means an Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe pursuant to the Federally 
Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130.
    Injure or injury means to change adversely, either in the short or 
long term, a chemical, biological or physical attribute, or the 
viability, of a sanctuary resource. This includes, but is not limited 
to, to cause the loss of or destroy.
    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.
    Inventory means a list of selected natural and historical resource 
sites selected by the Secretary as qualifying for further evaluation 
for possible designation as National Marine Sanctuaries.
    Lawful fishing means fishing authorized by a tribal, State or 
Federal entity with jurisdiction over the activity.
    Lightering means at-sea transfer of petroleum-based products, 
materials, or other matter from vessel to vessel.
    Marine means those areas of coastal and ocean waters, the Great 
Lakes and their connecting waters, and submerged lands over which the 
United States exercises jurisdiction, including the exclusive economic 
zone, consistent with international law.
    Mineral means clay, stone, sand, gravel, metalliferous ore, non-
metalliferous ore, or any other solid material or other matter of 
commercial value.
    National historic landmark means a district, site, building, 
structure or object designated as such by the Secretary of the Interior 
under the National Historic Landmarks Program (36 CFR part 65).
    National Marine Sanctuary or Sanctuary means an area of the marine 
environment of special national significance designated as such by the 
National Oceanic and Atmospheric Administration (NOAA) pursuant to the 
Act or by Congress pursuant to legislation.
    Person means any private individual, partnership, corporation or 
other entity; or any officer, employee, agent, department, agency or 
instrumentality of the Federal government, of any State or local unit 
of government, or of any foreign government.
    Regional Fishery Management Council means any fishery council 
established under the Magnuson-

[[Page 961]]

Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
    Sanctuary quality means any of those ambient conditions, physical-
chemical characteristics and natural processes, the maintenance of 
which is essential to the ecological health of a national marine 
sanctuary, including, but not limited to, water quality, sediment 
quality, and air quality.
    Sanctuary resource means any living or non-living resource of a 
national marine sanctuary, or the parts or products thereof, that 
contributes to the conservation, recreational, ecological, historical, 
educational, cultural, archeological, scientific, or aesthetic value of 
the national marine sanctuary, including, but not limited to, waters of 
the sanctuary, the seabed or submerged lands of the sanctuary, other 
submerged features and the surrounding seabed, carbonate rock, corals 
and other bottom formations, coralline algae and other marine plants 
and algae, marine invertebrates, brine-seep biota, phytoplankton, 
zooplankton, fish, birds, sea turtles and other marine reptiles, marine 
mammals, and maritime heritage, cultural, archeological, and historical 
resources. For Thunder Bay National Marine Sanctuary and Underwater 
Preserve, Sanctuary resource is defined at Sec.  922.191. For Hawaiian 
Islands Humpback Whale, Sanctuary resource is defined at Sec.  922.182. 
For Mallows Bay--Potomac River National Marine Sanctuary, Sanctuary 
resource is defined at Sec.  922.201(a). For Wisconsin Shipwreck Coast 
National Marine Sanctuary, sanctuary resource is defined at Sec.  
922.211.
    Seagrass means any species of marine angiosperms (flowering plants) 
that inhabits a portion of the seabed in a national marine sanctuary. 
Those species include, but are not limited to: Zostera asiatica (Asian 
eelgrass), Zostera marina (eelgrass/common eelgrass); Thalassia 
testudinum (turtle grass); Syringodium filiforme (manatee grass); 
Halodule wrightii (shoal grass); Halophila decipiens (paddle grass), H. 
engelmannii (Engelmann's seagrass), H. johnsonii (Johnson's seagrass); 
and Ruppia maritima (widgeon grass).
    Secretary means the Secretary of the United States Department of 
Commerce, or designee.
    Shunt means to discharge expended drilling cuttings and fluids near 
the ocean seafloor.
    State means each of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, American Samoa, the United States Virgin Islands, 
Guam, and any other commonwealth, territory, or possession of the 
United States.
    Subsistence use means the customary and traditional use by rural 
residents of areas near or in the marine environment for direct 
personal or family consumption as food, shelter, fuel, clothing, tools, 
or transportation; for the making and selling of handicraft articles; 
and for barter, if for food or non-edible items other than money, if 
the exchange is of a limited and non-commercial nature.
    Take (taking or taken) of a marine mammal, sea turtle, or bird 
means:
    (1) Take as that term is defined in section 3(19) of the Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1532(19) (ESA);
    (2) Take as that term is defined in section 3(13) of the Marine 
Mammal Protection Act of 1972, as amended, 16 U.S.C. 1362(13) (MMPA); 
or
    (3) Conducting an activity prohibited by section 703 of the 
Migratory Bird Treaty Act of 1918, as amended, 16 U.S.C. 703 (MBTA).
    (4) For purposes of paragraphs (1), (2), and (3) of this 
definition, take also includes, but is not limited to, collection of 
any dead or injured marine mammal, sea turtle, or bird, or any part 
thereof; or restraint or detainment of any marine mammal, sea turtle, 
or bird, no matter how temporarily; tagging any marine mammal, sea 
turtle, or bird, or operating a vessel or aircraft or conducting any 
other act that results in the disturbance or molestation of any marine 
mammal, sea turtle, or bird.
    Vessel means a watercraft of any description capable of being used 
as a means of transportation in or on the waters of a sanctuary. The 
term includes but is not limited to, motorized and non-motorized 
watercraft, personal watercraft, airboats, and float planes while 
maneuvering on the water. For purposes of this part, the terms 
``vessel,'' ``watercraft,'' and ``boat'' have the same meaning.
    Washington Coast treaty tribe means the Hoh, Makah, or Quileute 
Indian Tribes or the Quinault Indian Nation.


Sec.  922.12   Sanctuary nomination process.

    (a) The sanctuary nomination process (see National Marine 
Sanctuaries website www.sanctuaries.noaa.gov) is the means by which the 
public can submit areas of the marine and Great Lakes environments for 
consideration by NOAA as a national marine sanctuary.
    (b) The Director will consider the following national significance 
criteria in determining if a nominated area is of special national 
significance:
    (1) The area's natural resources and ecological qualities are of 
special significance and contribute to: biological productivity or 
diversity; maintenance or enhancement of ecosystem structure and 
function; maintenance of ecologically or commercially important species 
or species assemblages; maintenance or enhancement of critical habitat, 
representative biogeographic assemblages, or both; or maintenance or 
enhancement of connectivity to other ecologically significant 
resources.
    (2) The area contains submerged maritime heritage resources of 
special historical, cultural, or archaeological significance, that: 
individually or collectively are consistent with the criteria of 
eligibility or listing on the National Register of Historic Places; 
have met or which would meet the criteria for designation as a National 
Historic Landmark; or have special or sacred meaning to the indigenous 
people of the region or nation.
    (3) The area supports present and potential economic uses, such as: 
tourism; commercial and recreational fishing; subsistence and 
traditional uses; diving; and other recreational uses that depend on 
conservation and management of the area's resources.
    (4) The publicly-derived benefits of the area, such as aesthetic 
value, public recreation, and access to places depend on conservation 
and management of the area's resources.
    (c) The Director will consider the following management 
considerations in determining the manageability of a nominated area:
    (1) The area provides or enhances opportunities for research in 
marine science, including marine archaeology.
    (2) The area provides or enhances opportunities for education, 
including the understanding and appreciation of the marine and Great 
Lakes environments.
    (3) Adverse impacts from current or future uses and activities 
threaten the area's significance, values, qualities, and resources.
    (4) A national marine sanctuary would provide unique conservation 
and management value for this area that also have beneficial values for 
adjacent areas.
    (5) The existing regulatory and management authorities for the area 
could be supplemented or complemented to meet the conservation and 
management goals for the area.
    (6) There are commitments or possible commitments for partnerships 
opportunities such as cost sharing, office space or exhibit space, 
vessel time, or other collaborations to aid

[[Page 962]]

conservation or management programs for the area.
    (7) There is community-based support for the nomination expressed 
by a broad range of interests, such as: individuals or locally-based 
groups (e.g., friends of group, chamber of commerce); local, tribal, 
state, or national agencies; elected officials; or topic-based 
stakeholder groups, at the local, regional or national level (e.g., a 
local chapter of an environmental organization, a regionally-based 
fishing group, a national-level recreation or tourism organization, 
academia or science-based group, or an industry association).
    (d) Following evaluation of a nomination against the national 
significance criteria and management considerations, the Director may 
place nominated areas in a publicly available inventory for future 
consideration of designation as a national marine sanctuary.
    (e) A determination that a site is eligible for national marine 
sanctuary designation, by itself shall not subject the site to any 
regulatory control under the Act. Such controls may only be imposed 
after designation.


Sec.  922.13   Selection of nominated areas for national marine 
sanctuary designation.

    (a) The Director may select a nominated area from the inventory for 
future consideration as a national marine sanctuary.
    (b) Selection of a nominated area from the inventory shall begin 
the formal sanctuary designation process. A notice of intent to prepare 
a draft environmental impact statement shall be published in the 
Federal Register and posted on the Office of National Marine 
Sanctuaries website. Any designation process will follow the procedures 
for designation and implementation set forth in section 304 of the Act.

Subpart C [Removed and Reserved]

0
4. Remove and reserve part 922 subpart C, consisting of Sec. Sec.  
922.20 through 922.25.

0
5. Revise subpart D to read as follows:

Subpart D--National Marine Sanctuary Permitting

Sec.
922.30 National Marine Sanctuary general permits.
922.31 National Marine Sanctuary special use permits.
922.32 Application requirements and procedures.
922.33 Review procedures and evaluation.
922.34 Permit amendments.
922.35 Special use permit fees.
922.36 National Marine Sanctuary authorizations.
922.37 Appeals of permitting decisions.


Sec.  922.30   National Marine Sanctuary general permits.

    (a) Authority to issue general permits. The Director may allow a 
person to conduct an activity that would otherwise be prohibited by 
this part through issuance of a general permit, provided the applicant 
complies with:
    (1) The provisions of this subpart; and
    (2) The permit procedures and criteria for all national marine 
sanctuaries in which the proposed activity is to take place in 
accordance with relevant site specific regulations appearing in 
subparts F through T of this part.
    (b) Sanctuary general permit categories. The Director may issue a 
sanctuary general permit under this subpart and the relevant site-
specific subpart, subject to such terms and conditions as he or she 
deems appropriate, if the Director finds that the proposed activity 
falls within one of the following categories or a category in the 
relevant site-specific subpart:
    (1) Research--activities that constitute scientific research or 
scientific monitoring of a national marine sanctuary resource or 
quality;
    (2) Education--activities that enhance public awareness, 
understanding, or appreciation of a national marine sanctuary or 
national marine sanctuary resource or quality;
    (3) Management--activities that assist in managing a national 
marine sanctuary;
    (4) Jade removal--the removal of loose jade from the Jade Cove 
area, without the use of pneumatic, mechanical, electrical, hydraulic 
or explosive tools, within Monterey Bay National Marine Sanctuary that 
cannot be collected under 15 CFR 922.132(a)(1)(ii) and (iii). 
Preference will be given for applications proposing to collect loose 
pieces of jade for research or educational purposes;
    (5) Tribal self-determination--activities conducted by a Washington 
Coast treaty tribe and/or its designee as certified by the governing 
body of the tribe to promote or enhance tribal self-determination, 
tribal government functions, the exercise of treaty rights, the 
economic development of the tribe, subsistence, ceremonial and 
spiritual activities, or the education or training of tribal members; 
and
    (6) Further FKNMS purposes--activities that further the purposes of 
Florida Keys National Marine Sanctuary, including those that facilitate 
multiple use of the sanctuary, to the extent compatible with the 
primary objective of resource protection.


Sec.  922.31   National Marine Sanctuary special use permits.

    (a) In general. A person may conduct a specified special use permit 
activity, if such activity is specifically authorized by, and is 
conducted in accordance with the scope, purpose, manner, terms and 
conditions of, a special use permit issued under this section.
    (b) Authority to issue. The Director, at his or her discretion, may 
issue a special use permit in accordance with this subpart and section 
310 of the Act (16 U.S.C. 1441).
    (c) Public notice. The Director will not issue a special use permit 
for any category of activity unless the Director has published a notice 
in the Federal Register that such category of activity is subject to 
the requirements of section 310 of the Act.
    (d) Fees. The Director may assess and collect fees for the conduct 
of any activity authorized by a special use permit issued pursuant to 
this section. The fee will be assessed in accordance with Sec.  922.35.


Sec.  922.32   Application requirements and procedures.

    (a) Submitting applications. Permit applications must be submitted 
by mail to the address listed in the subpart for the relevant national 
marine sanctuary or by electronic means as defined in the instructions 
for the ONMS permit application. Applicants proposing to conduct an 
activity in more than one national marine sanctuary should send the 
application to each NOAA office for the relevant national marine 
sanctuaries in which the activity is proposed.
    (b) Application requirements. All applications for a permit under 
this section must include the following information:
    (1) A detailed description of the proposed activity including:
    (i) A timetable for completion of the activity;
    (ii) A detailed description of the proposed location for the 
activity; and
    (iii) The equipment, personnel and methodology to be employed;
    (2) The qualifications and experience of all personnel;
    (3) The financial resources available to the applicant to conduct 
and complete the proposed activity and comply with any terms and 
conditions deemed necessary;
    (4) A statement as to why it is necessary to conduct the activity 
within a national marine sanctuary;
    (5) A description of the potential impacts of the activity, if any, 
on sanctuary resources and qualities;
    (6) A description of the benefits the conduct of the activity would 
have for

[[Page 963]]

the national marine sanctuary or national marine sanctuary system;
    (7) Copies of all other required licenses, permits, approvals, or 
other authorizations; and
    (8) Such other information as the Director may request or is 
specified in the relevant subpart.
    (c) Additional information. Upon receipt of an application, and as 
part of the evaluation of the permit application, the Director may:
    (1) Request such additional information as he or she deems 
necessary to act on the application;
    (2) Require a site visit; and
    (3) Seek the views of any persons.
    (d) Time limit for submitting additional information. Unless 
otherwise specified in writing by the Director, any information 
requested by the Director under paragraph (c) of this section must be 
received by the Director within 30 days of the postmark date of the 
request or, if email, the date of the email. Failure to provide such 
additional information may be deemed by the Director to constitute 
withdrawal of the permit application.
    (e) Incomplete applications. The Director may consider an 
application incomplete, and therefore may refuse to further consider 
the application, if the applicant:
    (1) Has failed to submit any of the information required under 
paragraph (b) of this section;
    (2) Has failed to submit any of the information requested by the 
Director under paragraph (c) of this section;
    (3) Has failed to pay any outstanding penalties that resulted from 
a violation of this part; or
    (4) Has failed to fully comply with a permit issued pursuant to 
this subpart.


Sec.  922.33   Review procedures and evaluation.

    (a) Review criteria. In addition to any relevant site-specific 
permit review criteria, the Director shall not issue a permit under 
this subpart or the relevant subpart, unless he or she also finds that:
    (1) The proposed activity will be conducted in a manner compatible 
with the primary objective of protection of national marine sanctuary 
resources and qualities, taking into account the following factors: the 
extent to which the conduct of the activity may diminish or enhance 
national marine sanctuary resources and qualities; and any indirect or 
cumulative effects of the activity;
    (2) It is necessary to conduct the proposed activity within the 
national marine sanctuary to achieve its stated purpose;
    (3) The methods and procedures proposed by the applicant are 
appropriate to achieve the proposed activity's stated purpose and 
avoid, minimize, or otherwise mitigate adverse effects on sanctuary 
resources and qualities as much as possible;
    (4) The duration of the proposed activity and its effects are no 
longer than necessary to achieve the activity's stated purpose;
    (5) The expected end value of the activity to the furtherance of 
national marine sanctuary goals and purposes outweighs any potential 
adverse impacts on sanctuary resources and qualities from the conduct 
of the activity;
    (6) The applicant is professionally qualified to conduct and 
complete the proposed activity;
    (7) The applicant has adequate financial resources available to 
conduct and complete the proposed activity and terms and conditions of 
the permit;
    (8) There are no other factors that would make the issuance of a 
permit for the activity inappropriate; and
    (9) For Olympic Coast National Marine Sanctuary, the activity as 
proposed does not adversely affect any Washington Coast treaty tribe.
    (b) Permit terms and conditions. The Director, at his or her 
discretion, may subject a permit issued under this subpart or other 
relevant subpart to such terms and conditions as he or she deems 
appropriate. A permit granted pursuant to this subpart is 
nontransferable.
    (c) Permit actions. The Director may amend, suspend, or revoke a 
permit issued pursuant to this part or other relevant subpart for good 
cause. Procedures governing permit sanctions and denials for 
enforcement reasons are set forth in subpart D of 15 CFR part 904.
    (d) Denial of permit application. The Director may deny a permit 
application, in whole or in part, if it is determined that:
    (1) The proposed activity does not meet the review criteria 
specified in this subpart or the relevant subpart of any national 
marine sanctuary in which the proposed activity is to take place;
    (2) The permittee or applicant has acted in violation of the terms 
and conditions of a permit issued under this subpart or the relevant 
subpart of any national marine sanctuary in which the proposed activity 
is to take place;
    (3) The permittee or applicant has acted in violation of any 
regulation set forth in this subpart, the NMSA, or the FKNMSPA;
    (4) The proposed activity has resulted in unforeseen adverse 
impacts to Sanctuary resources or qualities; or
    (5) For other good cause.
    (e) Communication of actions and denials. Any action taken by the 
Director under paragraphs (c) and (d) of this section shall be 
communicated in writing to the permittee or applicant and shall set 
forth the reason(s) for the action taken.


Sec.  922.34   Permit amendments.

    (a) Request for amendments. Any person who has been issued a permit 
under this part (a permittee) may request to amend the permit at any 
time while that permit is valid. For purposes of this section, a permit 
time extension is treated as a permit amendment. A request for permit 
amendment must be submitted to the same NOAA office(s) as the original 
permit and include sufficient information to describe the requested 
amendment and any additional supporting information.
    (b) Review of amendment requests. After receiving the permittee's 
request for amendment, the Director will:
    (1) Review all reports submitted by the permittee as required by 
the permit terms and conditions; and
    (2) Request such additional information as may be necessary to 
evaluate the request.
    (c) Denial of amendment request. The Director may deny a permit 
amendment request, in whole or in part, if it is determined that:
    (1) The proposed activity does not meet the review criteria 
specified in this subpart or the relevant subpart of any national 
marine sanctuary in which the proposed activity is to take place;
    (2) The permittee or applicant has acted in violation of the terms 
or conditions of a permit issued under this subpart or the relevant 
subpart of any national marine sanctuary in which the proposed activity 
is to take place;
    (3) The permittee or applicant has acted in violation of any 
regulation set forth in this subpart, the NMSA, or the FKNMSPA;
    (4) The proposed activity has resulted in unforeseen adverse 
impacts to Sanctuary resources or qualities; or
    (5) For other good cause.


Sec.  922.35   Special use permit fees.

    (a) Authority to assess fees. The Director may assess a fee for the 
conduct of any activity authorized under a special use permit issued 
under Sec.  922.31. The Director may collect assessed fees through 
agreement with the permit applicant. No special use permit may be 
effective until all assessed fees are received unless otherwise 
provided by the Director by a fee schedule set forth as a permit 
condition.

[[Page 964]]

    (b) Components of permit fees. A fee assessed under this section 
may include:
    (1) All costs incurred, or expected to be incurred, in reviewing 
and processing the permit application, including, but not limited to, 
costs for:
    (i) Personnel;
    (ii) Personnel hours;
    (iii) Equipment;
    (iv) Environmental analysis, assessment or consultation;
    (v) Copying; and
    (vi) Overhead costs directly related to reviewing and processing 
the permit application;
    (2) All costs incurred, or expected to be incurred, as a direct 
result of the conduct of the activity for which the permit is being 
issued, including, but not limited to:
    (i) The cost of monitoring the conduct both during the activity and 
after the activity is completed in order to assess the impacts to 
sanctuary resources and qualities;
    (ii) The use of an official NOAA observer, including travel and 
expenses and personnel hours; and
    (iii) Overhead costs directly related to the permitted activity; 
and
    (3) An amount which represents the fair market value of the use of 
the sanctuary resource.


Sec.  922.36   National Marine Sanctuary authorizations.

    (a) Authority to issue authorizations. The Director may authorize a 
person to conduct an activity otherwise prohibited by subparts L 
through P or subpart R of this part, if such activity is specifically 
allowed by any valid federal, state, or local lease, permit, license, 
approval, or other authorization (hereafter called ``agency approval'') 
issued after the effective date of sanctuary designation or expansion, 
provided the applicant complies with the provisions of this section. 
Such an authorization by ONMS is hereafter referred to as an ``ONMS 
authorization.''
    (b) Authorization notification to the Director--(1) Notification 
requirement. An applicant must notify the Director in writing of the 
request for an ONMS authorization of an agency approval. The Director 
may treat an amendment or extension of such an agency approval as 
constituting a new agency approval for purposes of this section.
    (i) Notification must occur within fifteen days after the date the 
applicant files of filing of the application for the agency approval.
    (ii) Notification must be sent to the Director, Office of National 
Marine Sanctuaries, to the attention of the relevant Sanctuary 
Superintendent(s) at the address specified in subparts L through P, or 
subpart R through S, as appropriate.
    (iii) A copy of the application for the agency approval must 
accompany the notification.
    (2) Director's response to notification. The Director shall respond 
in writing to the applicant and provide periodic updates on pending 
ONMS authorization request.
    (c) Authorization review procedures and evaluation--(1) Additional 
information. The Director may request additional information from the 
applicant as the Director deems reasonably necessary to determine 
whether to issue an ONMS authorization and what terms and conditions 
are reasonably necessary to protect sanctuary resources and qualities.
    (i) The information requested must be received by the Director 
within 45 days of the postmark date of the Director's request.
    (ii) The Director may seek the views of any persons on the 
application.
    (2) Review criteria. The Director shall consider the review 
criteria in Sec.  922.33(a)(1) through (9) when deciding whether to 
issue an ONMS authorization.
    (3) Director's response. The Director shall respond in writing to 
the applicant to inform the applicant of the Director's decision 
regarding the authorization request.
    (i) The Director may deny a request for an ONMS authorization and 
shall provide the reason(s) therefore. If the Director denies a request 
for an ONMS authorization, the applicant remains prohibited from 
conducting the activity in the sanctuary.
    (ii) The Director may issue an ONMS authorization containing terms 
and conditions deemed reasonably necessary to protect sanctuary 
resources and qualities. Failure to comply with an ONMS authorization 
constitutes a violation of the NMSA and these regulations, which may 
result in an enforcement action and assessment of penalties.
    (d) Authorization actions. The Director may amend, suspend, or 
revoke an ONMS authorization issued pursuant to this part for good 
cause. Procedures governing ONMS sanctions and denials for enforcement 
reasons are set forth in subpart D of 15 CFR part 904.
    (e) Communication of actions and denials. Any action taken by the 
Director under paragraphs (c) and (d) of this section to deny, amend, 
suspend, or revoke an ONMS authorization shall be communicated in 
writing to the permittee or applicant and shall set forth the reason(s) 
for the action taken.
    (f) Time limits. Any time limit prescribed in or established under 
this section may be extended by the Director for good cause.


Sec.  922.37   Appeals of permitting decisions.

    (a) Potential appellant. The following person may appeal an action 
listed in paragraph (b) of this section (hereinafter referred to as 
``appellant''):
    (1) An applicant or holder of a certification of any existing 
lease, permit, license, or right of subsistence use or of access 
pursuant to Sec.  922.10;
    (2) An applicant or a holder of a National Marine Sanctuary permit 
issued pursuant to Sec.  922.30 or pursuant to site-specific 
regulations appearing in subparts F through T of this part;
    (3) An applicant or a holder of a special use permit issued 
pursuant to section 310 of the Act and Sec.  922.31; and
    (4) An applicant or a holder of an ONMS authorization of an agency 
approval issued by any Federal, State, or local authority of competent 
jurisdiction pursuant to Sec.  922.36.
    (5) For those National Marine Sanctuaries described in subparts F 
through K and S and T of this part, any interested person may also 
appeal the same actions described in paragraph (b)(1) of this section.
    (b) Actions that may be appealed. An appellant may appeal the 
following actions to the Assistant Administrator:
    (1) The denial, conditioning, amendment, suspension, or revocation 
by the Director of a general permit pursuant to Sec.  922.30 or other 
relevant subpart, special use permit pursuant to section 310 of the Act 
and Sec.  922.31, or an ONMS authorization issued pursuant to Sec.  
922.36; or a certification under Sec.  922.10.
    (2) Reserved.
    (c) Appeal requirements. Appeals must be made in writing to the 
Assistant Administrator for Ocean Services and Coastal Zone Management, 
NOAA, 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910 and 
must:
    (1) State the action(s) by the Director being appealed;
    (2) State the reason(s) for the appeal; and
    (3) Be received within 30 days of the appellant's receipt of notice 
of the action by the Director.
    (d) Appeal procedures. (1) The Assistant Administrator may request 
the appellant submit such information as the Assistant Administrator 
deems necessary in order to render a decision on the appeal. The 
information requested must be received by the Assistant Administrator 
within 45 days of the postmark date of the request.

[[Page 965]]

    (2) The Assistant Administrator may seek the views of any other 
persons when deciding an appeal.
    (3) The Assistant Administrator may hold an informal hearing. If an 
informal hearing is held:
    (i) The Assistant Administrator may designate an officer before 
whom the hearing shall be held;
    (ii) The hearing officer shall give notice in the Federal Register 
of the time, place and subject matter of the hearing;
    (iii) The appellant and Director may appear personally or by 
counsel at the hearing and submit such material and present such 
arguments as deemed appropriate by the hearing officer; and
    (iv) The hearing officer shall recommend a decision in writing to 
the Assistant Administrator within 60 days after the record for the 
hearing closes.
    (e) Deciding an appeal. (1) The Assistant Administrator shall 
decide the appeal using the same regulatory criteria as for the initial 
decision and shall base the appeal decision on the record before the 
Director and any information submitted at the Assistant Administrator's 
request pursuant to paragraph (d)(1) or (2) of this section, regarding 
the appeal, and, if a hearing has been held, on the record before the 
hearing officer and the hearing officer's recommended decision.
    (2) The Assistant Administrator shall notify the appellant of the 
final decision and the reason(s) therefore in writing.
    (3) The Assistant Administrator's decision shall constitute final 
agency action for purposes of the Administrative Procedure Act.
    (f) Authority to extend time limits. Any time limit prescribed in 
or established under this section other than the 30-day limit for 
filing an appeal pursuant to paragraph (c)(3) of this section may be 
extended by the Assistant Administrator for good cause.

Subpart E [Removed and Reserved]

0
6. Remove and reserve subpart E, consisting of Sec. Sec.  922.40 
through 922.50.

Subpart F--Monitor National Marine Sanctuary

0
7. Revise Sec.  922.60 to read as follows:


Sec.  922.60   Boundary.

    The Monitor National Marine Sanctuary (Sanctuary) consists of a 
vertical water column in the Atlantic Ocean one mile in diameter (0.593 
square nautical miles (nmi\2\) or (0.785 sq. mi.)) extending from the 
surface to the seabed, the center of which is at the following 
coordinates 35.00639, -75.40889.

0
8. Revise Sec.  922.62 to read as follows:


Sec.  922.62   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.61 if such activity is specifically authorized by and conducted in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under this section and subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Monitor 
National Marine Sanctuary, c/o The Mariners' Museum, 100 Museum Drive, 
Newport News, VA 23606.
    (c) In addition to the requirements of subpart D of this part, the 
Director may not issue a permit under this section unless the Director 
also finds that the extent to which the conduct of the proposed 
activity may diminish the value of the Monitor as a source of historic, 
cultural, aesthetic and/or maritime information is appropriate in 
relation to goals of the proposed activity.
    (d) In considering any application submitted pursuant to this 
section, the Director shall seek and consider the views of the Advisory 
Council on Historic Preservation.

Subpart G--Channel Islands National Marine Sanctuary

0
9. Amend Sec.  922.70 by revising the first sentence to read as 
follows:


Sec.  922.70   Boundary.

    The Channel Islands National Marine Sanctuary (Sanctuary) consists 
of an area of approximately 1,110 square nautical miles (nmi\2\) (1,470 
sq. mi.) of coastal and ocean waters, and the submerged lands 
thereunder, off the southern coast of California. * * *

0
10. Amend Sec.  922.71 by:
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Cruise ship'', ``Graywater'', and 
``Introduced species''.
    The revision reads as follows:


Sec.  922.71   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
11. Amend Sec.  922.72 by revising paragraph (c) to read as follows:


Sec.  922.72   Prohibited or otherwise regulated activities-Sanctuary 
wide.

* * * * *
    (c) The prohibitions in paragraphs (a)(3) through (10) and (12) and 
(13) of this section and in Sec.  922.73 do not apply to any activity 
specifically authorized by and conducted in accordance with the scope, 
purpose, terms, and conditions of a National Marine Sanctuary permit 
issued pursuant to subpart D of this part and Sec.  922.74.
* * * * *

0
12. Revise Sec.  922.74 to read as follows:


Sec.  922.74   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.72 or Sec.  922.73 if the activity is specifically authorized by 
and conducted in accordance with the scope, purpose, terms, and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Permit applications should be addressed to the Director, Office 
of National Marine Sanctuaries; ATTN: Superintendent, Channel Islands 
National Marine Sanctuary, University of California Santa Barbara, 
Ocean Science Education Building 514, MC 6155, Santa Barbara, CA 93106-
6155.

Subpart H--Greater Farallones National Marine Sanctuary

0
13. Amend Sec.  922.80 by revising the first sentence in paragraph (a) 
to read as follows:


Sec.  922.80   Boundary.

    (a) Greater Farallones National Marine Sanctuary (Sanctuary) 
encompasses an area of approximately 2,488 square nautical miles 
(nmi\2\) (3,295 sq. mi.) of coastal and ocean waters, and submerged 
lands thereunder, surrounding the Farallon Islands and Noonday Rock 
along the northern coast of California. * * *
* * * * *

0
14. Amend Sec.  922.81 by --
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Attract or attracting'', ``Clean'', 
``Deserting'', ``Harmful matter'', ``Introduced species'', and 
``Seagrass''.
    The revision reads as follows:


Sec.  922.81   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
15. Amend Sec.  922.82 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  922.82   Prohibited or otherwise regulated activities.

* * * * *
    (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, or except as may be

[[Page 966]]

permitted by the Director in accordance with subpart D of this part.
    (d) The prohibitions in paragraphs (a)(2) through (9) and (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 in accordance with subpart D of this 
part and Sec.  922.83, or a special use permit issued pursuant to 
subpart D of this part.

0
16. Revise Sec.  922.83 to read as follows:


Sec.  922.83   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.82(a)(2) through (9) and (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 this section and 
subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Greater 
Farallones National Marine Sanctuary, 991 Marine Dr., The Presidio, San 
Francisco, CA 94129.

Subpart I--Gray's Reef National Marine Sanctuary

0
17. Revise Sec.  922.90 to read as follows:


Sec.  922.90   Boundary.

    The Gray's Reef National Marine Sanctuary (Sanctuary) consists of 
approximately 16.68 square nautical miles (nmi\2\) (22 sq. mi.) of 
ocean waters and the submerged lands thereunder, off the coast of 
Georgia. The Sanctuary boundary includes all waters and submerged lands 
within the geodetic lines connecting the following coordinates 
beginning at Point 1 and continuing to each subsequent point in 
numerical order ending at Point 5. (Coordinates listed are unprojected 
(geographic) and based on the North American Datum of 1983.):

                        Table 1 to Sec.   922.90
------------------------------------------------------------------------
                  Point                      Latitude        Longitude
------------------------------------------------------------------------
1.......................................        31.36273       -80.92120
2.......................................        31.42106       -80.92120
3.......................................        31.42106       -80.82814
4.......................................        31.36273       -80.82814
5.......................................        31.36273       -80.92120
------------------------------------------------------------------------


0
18. Amend Sec.  922.91 by revising the introductory text to read as 
follows:


Sec.  922.91   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
19. Amend Sec.  92.92 by revising paragraph (a) introductory text and 
paragraph (c) to read as follows:


Sec.  922.92   Prohibited or otherwise regulated activities--Sanctuary-
wide.

    (a) Except as may be necessary for national defense (subject to the 
terms and conditions of Article 5, Section 2 of the Designation 
Document) or to respond to an emergency threatening life, property, or 
the environment, or except as may be permitted by the Director in 
accordance with subpart D of this part and Sec.  922.93 and Sec.  
922.94, the following activities are unlawful for any person to conduct 
or to cause to be conducted within the Sanctuary:
* * * * *
    (c) The prohibitions in this section and in Sec.  922.94 do not 
apply to any activity conducted under and in accordance with the scope, 
purpose, terms, and conditions of a National Marine Sanctuary permit 
issued pursuant to subpart D of this part and Sec.  922.93.
* * * * *

0
20. Revise Sec.  922.93 to read as follows:


Sec.  922.93   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.92(a)(1) through (11) and Sec.  922.94 if the activity is 
specifically authorized by and conducted in accordance within the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Gray's Reef National Marine Sanctuary, 10 Ocean Science Circle, 
Savannah, GA 31411.

Subpart J--National Marine Sanctuary of American Samoa

0
21. Amend Sec.  922.101 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  922.101   Boundary.

    The Sanctuary is comprised of six distinct units, forming a network 
of marine protected areas around the islands of the Territory of 
American Samoa. Tables containing the exact coordinates of each point 
described below can be found in Appendix to Subpart J--National Marine 
Sanctuary of American Samoa Boundary Coordinates. The total areal 
estimate of the six units combined is 10,255 nmi\2\ (13,581 sq. mi.).
    (a) Fagatele Bay Unit. The Fagatele Bay unit is a coastal embayment 
formed by a collapsed volcanic crater on the island of Tutuila, 
Territory of American Samoa, and includes Fagatele Bay in its entirety. 
The landward boundary is defined by the mean high high water line of 
Fagatele Bay until the point at which it intersects the seaward 
boundary of the Sanctuary as defined by a straight line between 
Fagatele Point (-14.36527, -170.76932) and Steps Point (-14.37291, -
170.76056) from the point at which it intersects the mean high high 
water line seaward.
* * * * *

0
22. Amend Sec.  922.102 by--
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Clean'', ``Fishing'', ``Harmful 
matter'', and ``Introduced species''.
    The revision reads as follows:


Sec.  922.102   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
23. Amend Sec.  922.103 by revising paragraph (e) to read as follows:


Sec.  922.103   Prohibited or otherwise regulated activities--
Sanctuary-wide.

* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (15) of this 
section and Sec. Sec.  922.104 and 922.105 do not apply to any activity 
conducted under and in accordance with the scope, purpose, terms, and 
conditions of a National Marine Sanctuary permit issued pursuant to 
subpart D of this part and Sec.  922.107.

0
24. Revise Sec.  922.107 to read as follows:


Sec.  922.107   Permit procedures.

    (a) Any person in possession of a valid permit issued by the 
Director, in consultation with the ASDOC, in accordance with this 
section and subpart D of the part may conduct an activity otherwise 
prohibited by Sec. Sec.  922.103, 922.104, and 922.105 in the 
Sanctuary.
    (b) Permit applications shall be addressed to the Director, Office 
of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, 
American Samoa National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 
96799.

Subpart K--Cordell Bank National Marine Sanctuary

0
25. Amend Sec.  922.110 by revising the first sentence to read as 
follows:

[[Page 967]]

Sec.  922.110   Boundary.

    The Cordell Bank National Marine Sanctuary (Sanctuary) boundary 
encompasses a total area of approximately 971 square nautical miles 
(nmi\2\) (1,286 sq. mi.) of offshore ocean waters, and submerged lands 
thereunder, surrounding the submarine plateau known as Cordell Bank 
along the northern coast of California, approximately 45 nautical miles 
west-northwest of San Francisco, California. * * *


Sec.  922.111   [Removed and Reserved]

0
26. Remove and reserve Sec.  922.111.

0
27. Amend Sec.  922.112 by revising paragraphs (b) and (d) as follows:


Sec.  922.112   Prohibited or otherwise regulated activities.

* * * * *
    (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, or except as may be permitted by the 
Director in accordance with subpart D of this part and Sec.  922.113.
* * * * *
    (d) 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 subpart D of this part and Sec.  922.113, or 
a special use permit issued pursuant to subpart D of this part.
* * * * *

0
28. Revise Sec.  922.113 to read as follows:


Sec.  922.113   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.112(a)(2) through (7) if the activity is specifically authorized by 
and conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Cordell 
Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950.

Subpart L--Flower Garden Banks National Marine Sanctuary

0
29. Amend Sec.  922.121 by--
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Attract or attracting'' and ``Clean''.
    The revision reads as follows:


Sec.  922.121   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions applies to this subpart:
* * * * *

0
30. Amend Sec.  922.122 by revising paragraphs (a)(7), (f) and (h) to 
read as follows:


Sec.  922.122   Prohibited or otherwise regulated activities.

    (a) * * *
    (7) Injuring, catching, harvesting, collecting or feeding, or 
attempting to injure, catch, harvest, collect or feed, any fish within 
the Sanctuary by use of longlines, traps, nets, bottom trawls or any 
other gear, device, equipment or means except by use of conventional 
hook and line gear.
* * * * *
    (f) The prohibitions in paragraphs (a)(2) through (10) of this 
section do not apply to any activity specifically authorized by and 
conducted in accordance with the scope, purpose, terms, and conditions 
of a National Marine Sanctuary permit or ONMS authorization issued 
pursuant to subpart D of this part and Sec.  922.123 or a special use 
permit issued pursuant to subpart D of this part.
* * * * *
    (h) Notwithstanding paragraphs (f) and (g) of this section, in no 
event may the Director issue a National Marine Sanctuary permit under 
subpart D of this part and Sec.  922.123 authorizing, or otherwise 
approve, the exploration for, development of, or production of oil, 
gas, or minerals in a no-activity zone. Any leases, permits, approvals, 
or other authorizations authorizing the exploration for, development 
of, or production of oil, gas, or minerals in a no-activity zone and 
issued after January 18, 1994 shall be invalid.

0
31. Revise Sec.  922.123 to read as follows:


Sec.  922.123   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.122(a)(2) through (10) if such activity is specifically authorized 
by and conducted in accordance with the scope, purpose, terms, and 
conditions of a permit issued under this section and subpart D of this 
part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building 
216, Galveston, TX 77551.

Subpart M--Monterey Bay National Marine Sanctuary

0
32. Amend Sec.  922.130 by revising the introductory text, paragraph 
(a), and the first sentence of paragraph (b) to read as follows:


Sec.  922.130   Boundary.

    The Monterey Bay National Marine Sanctuary (Sanctuary) consists of 
two separate areas. The combined area of both parts is approximately 
4,601 square nautical miles (nmi\2\) (6,093 sq. mi.).
    (a) The first area consists of an area of approximately 4,016 
square nautical miles (nmi\2\) (5,318 sq. mi.) of coastal and ocean 
waters, and submerged lands thereunder, in and surrounding Monterey Bay 
off the central coast of California.
* * * * *
    (b) The Davidson Seamount Management Zone is also part of the 
Sanctuary. This area, bounded by geodetic lines connecting a rectangle 
centered on the top of the Davidson Seamount, consists of approximately 
585 square nmi (nmi\2\) (774 sq. mi.) of ocean waters and the submerged 
lands thereunder. * * *

0
33. Amend Sec.  922.131 by--
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Attract or attracting'', ``Clean'', 
``Cruise ship'', ``Deserting'', ``Harmful matter'', and ``Introduced 
species''.
    The revision reads as follows:


Sec.  922.131   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
34. Amend Sec.  922.132 by revising paragraphs (c)(1) and (d) through 
(f) to read as follows:


Sec.  922.132   Prohibited or otherwise regulated activities.

* * * * *
    (c)(1) All Department of Defense activities must be carried out in 
a manner that avoids to the maximum extent practicable any adverse 
impacts on Sanctuary resources and qualities. The prohibitions in 
paragraphs (a)(2) through (11) and (13) of this section do not apply to 
existing military activities carried out by the Department of Defense, 
as specifically identified in the Final Environmental Impact Statement 
and Management Plan for the Proposed Monterey Bay National Marine 
Sanctuary (NOAA, 1992). (Copies of the FEIS/MP are available from the 
Monterey Bay National Marine Sanctuary, 99 Pacific Street, Bldg. 455A, 
Monterey, California 93940.) For

[[Page 968]]

purposes of the Davidson Seamount Management Zone, these activities are 
listed in the 2008 Final Environmental Impact Statement. New activities 
may be exempted from the prohibitions in paragraphs (a)(2) through (11) 
and (13) of this section by the Director after consultation between the 
Director and the Department of Defense.
* * * * *
    (d) The prohibitions in paragraph (a)(1) of this section as it 
pertains to jade collection in the Sanctuary, and paragraphs (a)(2) 
through (11) and (13) of this section, do not apply to any activity 
specifically authorized by and conducted in accordance with the scope, 
purpose, terms, and conditions of a National Marine Sanctuary permit 
issued pursuant to subpart D of this part and Sec.  922.133 or a 
special use permit issued pursuant to subpart D of this part.
    (e) The prohibitions in paragraphs (a)(2) through (13) 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 (January 1, 1993) and issued by any 
Federal, State, or local authority of competent jurisdiction, provided 
that the applicant complies with Sec.  922.36, the Director notifies 
the applicant and authorizing agency that 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 and extensions of authorizations in 
existence on the effective date of designation constitute 
authorizations issued after the effective date of Sanctuary 
designation.
    (f) Notwithstanding paragraphs (d) and (e) of this section, in no 
event may the Director issue a National Marine Sanctuary permit or ONMS 
authorization under subpart D of this part authorizing, or otherwise 
approve, the exploration for, development, or production of oil, gas, 
or minerals within the Sanctuary, except for the collection of jade 
pursuant to paragraph (a)(1) of this section; the discharge of primary-
treated sewage within the Sanctuary (except by certification, pursuant 
to Sec.  922.10, of valid authorizations in existence on January 1, 
1993 and issued by other authorities of competent jurisdiction); or the 
disposal of dredged material within the Sanctuary other than at sites 
authorized by EPA (in consultation with COE) before January 1, 1993. 
Any purported authorizations issued by other authorities within the 
Sanctuary shall be invalid.

0
35. Revise Sec.  922.133 to read as follows:


Sec.  922.133   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.132(a)(1) as it pertains to jade collection in the Sanctuary, Sec.  
922.132(a)(2) through (11) and (13) if conducted under and in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under this section and subpart D of this part.
    (b) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey 
Bay National Marine Sanctuary, 99 Pacific Street, Bldg. 455A, Monterey, 
California 93940.

Subpart N--Stellwagen Bank National Marine Sanctuary

0
36. Amend Sec.  922.140 by revising the first sentence in paragraph (a) 
and revising paragraph (b) to read as follows:


Sec.  922.140   Boundary.

    (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) 
consists of an area of approximately 639 square nautical miles (nmi\2\) 
(846 sq. mi.) of Federal marine waters and the submerged lands 
thereunder, over and around Stellwagen Bank and other submerged 
features off the coast of Massachusetts. * * *
    (b) The Sanctuary boundary is identified by the following 
coordinates, indicating the most northeast, southeast, southwest, west-
northwest, and north-northwest points: 42.76672 -70.21664 (NE); 
42.09330 -70.03506 (SE); 42.12924 -70.47043 (SW); 42.54830 -70.59737 
(WNW); and 42.65123 -70.50262 (NNW). The western border is formed by a 
straight line connecting the most southwest and the west-northwest 
points of the Sanctuary. At the most west-northwest point, the 
Sanctuary border follows a line contiguous with the three-mile 
jurisdictional boundary of Massachusetts to the most north-northwest 
point. From this point, the northern border is formed by a straight 
line connecting the most north-northwest point and the most northeast 
point. The eastern border is formed by a straight line connecting the 
most northeast and the most southeast points of the Sanctuary. The 
southern border follows a straight line between the most southwest 
point and a point located at 42.11526 -70.27800. From that point, the 
southern border then continues in a west-to-east direction along a line 
contiguous with the three-mile jurisdictional boundary of Massachusetts 
until reaching the most southeast point of the Sanctuary. The boundary 
coordinates are listed in appendix A to this subpart.

0
37. Amend Sec.  922.141 by revising the introductory text and the 
definition of ``Industrial material'' to read as follows:


Sec.  922.141   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
    Industrial material means mineral, as defined in Sec.  922.11.
* * * * *

0
38. Amend Sec.  922.142 by revising paragraphs (d) and (f) to read as 
follows:


Sec.  922.142   Prohibited or otherwise regulated activities:

* * * * *
    (d) The prohibitions in paragraphs (a)(1) and (3) through (7) of 
this section do not apply to any activity specifically authorized by 
and conducted in accordance with the scope, purpose, terms, and 
conditions of a National Marine Sanctuary permit issued pursuant to 
subpart D of this part and Sec.  922.143 or a special use permit issued 
pursuant to subpart D of this part.
* * * * *
    (f) Notwithstanding paragraphs (d) and (e) of this section, in no 
event may the Director issue a permit under subpart D of this part and 
Sec.  922.143, or under section 310 of the act, authorizing, or 
otherwise approving, the exploration for, development or production of 
industrial materials within the Sanctuary, or the disposal of dredged 
materials within the Sanctuary (except by a certification, pursuant to 
Sec.  922.10, of valid authorizations in existence on November 4, 1992) 
and any leases, licenses, permits, approvals or other authorizations 
authorizing the exploration for, development or production of 
industrial materials in the Sanctuary issued by other authorities after 
November 4, 1992, shall be invalid.

0
39. Revise Sec.  922.143 to read as follows:


Sec.  922.143   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.142(a)(1) and (3) through (7) if conducted under and in accordance 
with the scope, purpose, terms and conditions of a permit issued under 
this section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, 
Scituate, MA 02066.

[[Page 969]]


0
40. Revise appendix A to subpart N to read as follows:

Appendix A to Subpart N of Part 922--Stellwagen Bank National Marine 
Sanctuary Boundary Coordinates

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

------------------------------------------------------------------------
                   Pt.                       Latitude        Longitude
------------------------------------------------------------------------
E1......................................        42.76672       -70.21664
E2......................................        42.09330       -70.03506
E3......................................        42.10239       -70.05434
E4......................................        42.10081       -70.06707
E5......................................        42.11752       -70.08658
E6......................................        42.12038       -70.10607
E7......................................        42.12675       -70.12388
E8......................................        42.12853       -70.14005
E9......................................        42.13342       -70.15497
E10.....................................        42.13481       -70.17292
E11.....................................        42.13210       -70.19605
E12.....................................        42.13339       -70.21707
E13.....................................        42.12970       -70.23889
E14.....................................        42.12435       -70.25585
E15.....................................        42.11526       -70.27800
E16.....................................        42.12924       -70.47043
E17.....................................        42.54830       -70.59737
E18.....................................        42.55850       -70.58697
E19.....................................        42.56347       -70.58388
E20.....................................        42.57522       -70.57254
E21.....................................        42.58075       -70.55558
E22.....................................        42.58790       -70.54179
E23.....................................        42.59504       -70.52843
E24.....................................        42.60651       -70.51587
E25.....................................        42.62107       -70.50588
E26.....................................        42.63312       -70.50132
E27.....................................        42.64245       -70.50130
E28.....................................        42.65123       -70.50262
------------------------------------------------------------------------

Subpart O--Olympic Coast National Marine Sanctuary

0
41. Amend Sec.  922.150 by revising paragraph (a) to read as follows:


Sec.  922.150   Boundary.

    (a) The Olympic Coast National Marine Sanctuary (Sanctuary) 
consists of an area of approximately 2,408 square nautical miles 
(nmi\2\) (3,188 sq. mi.) of coastal and ocean waters, and the submerged 
lands thereunder, off the central and northern coast of the State of 
Washington.
* * * * *

0
42. Amend Sec.  922.151 by--
0
a. Revising the introductory text; and
0
b. Removing the definitions of ``Clean'', ``Cruise ship'', and 
``Harmful matter''.
    The revision reads as follows:


Sec.  922.151   Definitions.

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
43. Amend Sec.  922.152 by revising paragraphs (a)(5) introductory 
text, (e), and (h) to read as follows:


Sec.  922.152   Prohibited or otherwise regulated activities.

    (a) * * *
    (5) Drilling into, dredging or otherwise altering the seabed of the 
Sanctuary; or constructing, placing or abandoning any structure, 
material or other matter on the submerged lands of the Sanctuary, 
except as an incidental result of:
* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (8) of this 
section do not apply to any activity specifically authorized by and 
conducted under and in accordance with the scope, purpose, terms and 
conditions of a National Marine Sanctuary permit or an ONMS 
authorization issued pursuant to subpart D of this part and Sec.  
922.153 or a special use permit issued pursuant to subpart D of this 
part.
* * * * *
    (h) Notwithstanding paragraphs (e) and (g) of this section, in no 
event may the Director issue a National Marine Sanctuary permit or ONMS 
authorization under subpart D of this part and Sec.  922.153 or a 
special use permit under section 310 of the Act authorizing, or 
otherwise approve: The exploration for, development or production of 
oil, gas or minerals within the Sanctuary; the discharge of primary-
treated sewage within the Sanctuary (except by certification, pursuant 
to Sec.  922.10, of valid authorizations in existence on July 22, 1994 
and issued by other authorities of competent jurisdiction); the 
disposal of dredged material within the Sanctuary other than in 
connection with beach nourishment projects related to the Quillayute 
River Navigation Project; or bombing activities within the Sanctuary. 
Any purported authorizations issued by other authorities after July 22, 
1994 for any of these activities within the Sanctuary shall be invalid.

0
44. Revise Sec.  922.153 to read as follows:


Sec.  922.153   Permit procedures.

    (a) A person may conduct an activity prohibited by Sec.  
922.152(a)(2) through (8) if conducted in accordance with the scope, 
purpose, terms and conditions of a permit or ONMS authorization issued 
under this section and subpart D of this part.
    (b) Applications for such permits or ONMS authorizations should be 
addressed to the Director, Office of National Marine Sanctuaries; ATTN: 
Superintendent, Olympic Coast National Marine Sanctuary, 115 E Railroad 
Ave., Suite 301, Port Angeles, WA 98362.
    (c) The Director shall obtain the express written consent of the 
governing body of an Indian tribe prior to issuing a permit, if the 
proposed activity involves or affects resources of cultural or 
historical significance to the tribe.
    (d) Removal or attempted removal of any Indian cultural resource or 
artifact may only occur with the express written consent of the 
governing body of the tribe or tribes to which such resource or 
artifact pertains, and certification by the Director that such 
activities occur in a manner that minimizes damage to the biological 
and archeological resources. Prior to permitting entry onto a 
significant cultural site designated by a tribal governing body, the 
Director shall require the express written consent of the governing 
body of the tribe or tribes to which such cultural site pertains.
    (e) Where the issuance or denial of a permit is requested by the 
governing body of a Washington Coast treaty tribe, the Director shall 
consider and protect the interests of the tribe to the fullest extent 
practicable in keeping with the purposes of the Sanctuary and his or 
her fiduciary duties to the tribe.

0
45. Revise appendix A to subpart O to read as follows:

Appendix A to Subpart O of Part 922--Olympic Coast National Marine 
Sanctuary Boundary Coordinates

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

------------------------------------------------------------------------
                  Point                      Latitude        Longitude
------------------------------------------------------------------------
1.......................................        47.12917      -124.18389
2.......................................        47.12917      -124.97000
3.......................................        47.58472      -125.00000
4.......................................        47.66806      -125.07889
5.......................................        47.83361      -125.09500
6.......................................        47.95361      -125.48694
7.......................................        48.12583      -125.63889
8.......................................        48.25000      -125.68167
9.......................................        48.30589      -125.50081
10......................................        48.33756      -125.38136
11......................................        48.44617      -125.15469
12......................................        48.45256      -125.14164
13......................................        48.46894      -125.09775
14......................................        48.49533      -125.00303
15......................................        48.49894      -124.98886
16......................................        48.50367      -124.91581
17......................................        48.50589      -124.84053
18......................................        48.50283      -124.78831
19......................................        48.49344      -124.72725
20......................................        48.46889      -124.63694
21......................................        48.38806      -124.63694
------------------------------------------------------------------------

Subpart P--Florida Keys National Marine Sanctuary

0
46. Revise Sec.  922.161 to read as follows:

[[Page 970]]

Sec.  922.161   Boundary.

    The sanctuary consists of an area of approximately 2,872 square 
nautical miles (nmi\2\) (3,803 sq. mi.) of coastal and ocean waters, 
and the submerged lands thereunder, surrounding the Florida Keys in 
Florida. Appendix I to this subpart sets forth the precise Sanctuary 
boundary.

0
47. Amend Sec.  922.162 by
0
a. Revising paragraphs (a) introductory text; b, Removing the 
definition of ``Fish'' in paragraph (a); and
0
b. Revising paragraph (b).
    The revisions read as follows:


Sec.  922.162   Definitions.

    (a) The following definitions apply to the Florida Keys National 
Marine Sanctuary regulations. To the extent that a term appears in 
Sec.  922.11 and this section, the definition in this section governs.
* * * * *
    (b) Other terms appearing in the regulations in this part are 
defined at Sec.  922.11, and/or in the Marine Protection, Research, and 
Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 16 
U.S.C. 1431 et seq.

0
48. Amend Sec.  922.163 by revising paragraphs (b), (c), and (f) to 
read as follows:


Sec.  922.163   Prohibited activities--Sanctuary-wide.

* * * * *
    (b) Notwithstanding the prohibitions in this section and in Sec.  
922.164, and any access and use restrictions imposed pursuant thereto, 
a person may conduct an activity specifically authorized by and 
conducted in accordance with the scope, purpose, terms, and conditions 
of a National Marine Sanctuary permit issued pursuant to Sec.  922.166 
and subpart D of this part.
    (c) Notwithstanding the prohibitions in this section and in Sec.  
922.164, and any access and use restrictions imposed pursuant thereto, 
a person may conduct an activity specifically authorized by any valid 
Federal, State, or local lease, permit, license, approval, or other 
authorization issued after the effective date of these regulations, 
provided that the applicant complies with Sec.  922.36, 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 reasonably necessary 
to protect Sanctuary resources and qualities. Amendments of 
authorizations in existence on the effective date of these regulations 
constitute authorizations issued after the effective date of these 
regulations.
* * * * *
    (f) In no event may the Director issue a certification, 
authorization, or permit under Sec. Sec.  922.10, 922.163(c), and 
922.166 and subpart D of this part, respectively, authorizing, or 
otherwise approving, the exploration for, leasing, development, or 
production of minerals or hydrocarbons within the Sanctuary, the 
disposal of dredged material within the Sanctuary other than in 
connection with beach renourishment or Sanctuary restoration projects, 
or the discharge of untreated or primary treated sewage, and any 
purported authorizations issued by other authorities for any of these 
activities within the Sanctuary shall be invalid.
* * * * *

0
49. Amend Sec.  922.166 by revising paragraph (a) and removing and 
reserving paragraphs (e), (g), and (h).
    The revision reads as follows:


Sec.  922.166   Permits other than for access to the Tortugas 
Ecological Reserve--application procedures and issuance criteria.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.163 or Sec.  922.164 if the activity is specifically allowed by and 
conducted in accordance with the scope, purpose, terms and conditions 
of a permit issued under this section and subpart D of this part.
    (1) Applications for permits should be addressed to the Director, 
Office of National Marine Sanctuaries; ATTN: Superintendent, Florida 
Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040.
    (2) For activities proposed to be conducted within any of the areas 
described in Sec.  922.164 (b) through (e), the Director shall not 
issue a permit unless he or she further finds that such activities will 
further and are consistent with the purposes for which such area was 
established, as described in Sec. Sec.  922.162 and 922.164 and in the 
management plan for the Sanctuary.
    (3) A person may conduct an activity otherwise prohibited by Sec.  
922.163 or Sec.  922.164, if such activity is specifically allowed by 
and conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and subpart D of this 
part, and any additional permit issuance criteria and requirements in 
paragraphs (b), (c), (f), and (i) through (m) of this section.
* * * * *

Subpart Q--Hawaiian Islands Humpback Whale National Marine 
Sanctuary

0
50. Amend Sec.  922.181 by revising paragraph (a) introductory text to 
read as follows:


Sec.  922.181   Boundary.

    (a) Except for excluded areas described in paragraph (b) of this 
section, the Hawaiian Islands Humpback Whale National Marine Sanctuary 
encompasses approximately 1,032 square nautical miles (nmi\2\) (1,366 
sq. mi.), and consists of the submerged lands and waters off the coast 
of the Hawaiian Islands seaward from the shoreline, cutting across the 
mouths of rivers and streams:
* * * * *

0
51. Amend Sec.  922.182 by revising paragraph (b) to read as follows:


Sec.  922.182   Definitions.

* * * * *
    (b) Other terms appearing in the regulations in this subpart are 
defined at 15 CFR 922.11, and/or in the Marine Protection, Research, 
and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 
1431 et seq.

0
52. In appendix A to subpart Q, under the heading ``Sanctuary 
Boundary'' amend section B by revising the table and amend section C by 
revising the table to read as follows:

Appendix A to Subpart Q of Part 922--Hawaiian Islands Humpback Whale, 
National Marine Sanctuary Boundary Description and Coordinates of the 
Lateral Boundary Closures and Excluded Areas

* * * * *

B. * * *

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
          Bound No. (fig. 2)                 Geographic name          points         Latitude        Longitude
----------------------------------------------------------------------------------------------------------------
1a....................................  Kailiu Pt., Kauai.......               2        22.22353      -159.58117
1b....................................  Kailiu Pt., Kauai.......  ..............        22.27597      -159.59983
2a....................................  Mokolea Pt., Kauai......               2        22.22497      -159.38217
2b....................................  Mokolea Pt., Kauai......  ..............        22.24872      -159.37203

[[Page 971]]

 
3a....................................  Puaena Pt., N Oahu......               2        21.64017      -158.14056
3b....................................  Puaena Pt., N Oahu......  ..............        21.60233      -158.10681
4a....................................  Mahie Pt., N Oahu.......               2        21.56036      -157.86442
4b....................................  Mahie Pt., N Oahu.......  ..............        21.59228      -157.83486
5a....................................  Kapahulu Groin, S Oahu..               3        21.25158      -157.84097
5b....................................  Kapahulu Groin, S Oahu..  ..............        21.26836      -157.82381
5c....................................  Kapahulu Groin, S Oahu..  ..............        21.26839      -157.82328
6a....................................  Makapuu Pt., S Oahu.....               2        21.31100      -157.64908
6b....................................  Makapuu Pt., S Oahu.....  ..............        21.32908      -157.59614
7a....................................  Ilio Pt., Molokai.......               2        21.22381      -157.31272
7b....................................  Ilio Pt., Molokai.......  ..............        21.22417      -157.25400
8a....................................  Pailolo Channel, C.                    2        21.02494      -156.63944
                                         Halawa to Lipoa Pt.
8b....................................  Pailolo Channel, C.       ..............        21.15819      -156.71033
                                         Halaw to Lipoa Pt.
9a....................................  Hanamanoia Lighthouse,                 2        20.57272      -156.44753
                                         Maui.
9b....................................  Hanamanoia Lighthouse,    ..............        20.58289      -156.41256
                                         Maui.
10a...................................  3 Nmi. closure around                 51        20.59947      -156.49222
                                         Kahoolawe.
10b...................................  3 Nmi. closure around     ..............        20.59997      -156.49250
                                         Kahoolawe.
10c...................................  3 Nmi. closure around     ..............        20.60108      -156.49319
                                         Kahoolawe.
10d...................................  3 Nmi. closure around     ..............        20.60183      -156.49358
                                         Kahoolawe.
10e...................................  3 Nmi. closure around     ..............        20.60453      -156.49531
                                         Kahoolawe.
10f...................................  3 Nmi. closure around     ..............        20.60714      -156.49719
                                         Kahoolawe.
10g...................................  3 Nmi. closure around     ..............        20.60961      -156.49925
                                         Kahoolawe.
10h...................................  3 Nmi. closure around     ..............        20.61108      -156.50061
                                         Kahoolawe.
10i...................................  3 Nmi. closure around     ..............        20.61217      -156.50153
                                         Kahoolawe.
10j...................................  3 Nmi. closure around     ..............        20.61411      -156.50336
                                         Kahoolawe.
10k...................................  3 Nmi. closure around     ..............        20.61639      -156.50458
                                         Kahoolawe.
10l...................................  3 Nmi. closure around     ..............        20.63297      -156.50631
                                         Kahoolawe.
10m...................................  3 Nmi. closure around     ..............        20.62169      -156.50819
                                         Kahoolawe.
10n...................................  3 Nmi. closure around     ..............        20.62417      -156.51022
                                         Kahoolawe.
10o...................................  3 Nmi. closure around     ..............        20.62653      -156.51244
                                         Kahoolawe.
10p...................................  3 Nmi. closure around     ..............        20.62872      -156.51483
                                         Kahoolawe.
10q...................................  3 Nmi. closure around     ..............        20.63081      -156.51733
                                         Kahoolawe.
10r...................................  3 Nmi. closure around     ..............        20.63233      -156.51944
                                         Kahoolawe.
10s...................................  3 Nmi. closure around     ..............        20.63306      -156.52033
                                         Kahoolawe.
10t...................................  3 Nmi. closure around     ..............        20.63500      -156.52297
                                         Kahoolawe.
10u...................................  3 Nmi. closure around     ..............        20.63572      -156.52411
                                         Kahoolawe.
10v...................................  3 Nmi. closure around     ..............        20.63633      -156.52497
                                         Kahoolawe.
10w...................................  3 Nmi. closure around     ..............        20.63811      -156.52775
                                         Kahoolawe.
10x...................................  3 Nmi. closure around     ..............        20.63858      -156.52861
                                         Kahoolawe.
10y...................................  3 Nmi. closure around     ..............        20.63983      -156.53011
                                         Kahoolawe.
10z...................................  3 Nmi. closure around     ..............        20.64175      -156.53278
                                         Kahoolawe.
10aa..................................  3 Nmi. closure around     ..............        20.64350      -156.53553
                                         Kahoolawe.
10bb..................................  3 Nmi. closure around     ..............        20.64511      -156.53842
                                         Kahoolawe.
10cc..................................  3 Nmi. closure around     ..............        20.64539      -156.53903
                                         Kahoolawe.
10dd..................................  3 Nmi. closure around     ..............        20.64622      -156.54053
                                         Kahoolawe.
10ee..................................  3 Nmi. closure around     ..............        20.64764      -156.54353
                                         Kahoolawe.
10ff..................................  3 Nmi. closure around     ..............        20.64889      -156.54658
                                         Kahoolawe.
10gg..................................  3 Nmi. closure around     ..............        20.64994      -156.54975
                                         Kahoolawe.
10hh..................................  3 Nmi. closure around     ..............        20.65083      -156.55297
                                         Kahoolawe.
10ii..................................  3 Nmi. closure around     ..............        20.65111      -156.55436
                                         Kahoolawe.
10jj..................................  3 Nmi. closure around     ..............        20.65122      -156.55472
                                         Kahoolawe.
10kk..................................  3 Nmi. closure around     ..............        20.65147      -156.55586
                                         Kahoolawe.
10ll..................................  3 Nmi. closure around     ..............        20.65189      -156.55797
                                         Kahoolawe.
10mm..................................  3 Nmi. closure around     ..............        20.65239      -156.56131
                                         Kahoolawe.
10nn..................................  3 Nmi. closure around     ..............        20.65247      -156.56233
                                         Kahoolawe.
10oo..................................  3 Nmi. closure around     ..............        20.65269      -156.56378
                                         Kahoolawe.
10pp..................................  3 Nmi. closure around     ..............        20.65281      -156.56494
                                         Kahoolawe.
10qq..................................  3 Nmi. closure around     ..............        20.65306      -156.56675
                                         Kahoolawe.
10rr..................................  3 Nmi. closure around     ..............        20.65336      -156.57011
                                         Kahoolawe.
10ss..................................  3 Nmi. closure around     ..............        20.65347      -156.57344
                                         Kahoolawe.
10tt..................................  3 Nmi. closure around     ..............        20.65344      -156.57372
                                         Kahoolawe.
10uu..................................  3 Nmi. closure around     ..............        20.65350      -156.57514
                                         Kahoolawe.
10vv..................................  3 Nmi. closure around     ..............        20.65339      -156.57850
                                         Kahoolawe.
10ww..................................  3 Nmi. closure around     ..............        20.65328      -156.57992
                                         Kahoolawe.
10xx..................................  3 Nmi. closure around     ..............        20.65325      -156.58025
                                         Kahoolawe.
10yy..................................  3 Nmi. closure around     ..............        20.65314      -156.58217
                                         Kahoolawe.
11a...................................  Technical Closure.......               2        20.69422      -156.61875
11b...................................  Technical Closure.......  ..............        20.69583      -156.63433
12a...................................  Upolu Pt., Hawaii (Big                 2        20.26814      -155.85014
                                         Island).
12b...................................  Upolu Pt., Hawaii (Big    ..............        20.29997      -155.85478
                                         Island).
13a...................................  Keahole Pt., Hawaii (Big               2        19.72767      -156.06186
                                         Island).
13b...................................  Keahole Pt., Hawaii (Big  ..............        19.72819      -156.07069
                                         Island).
----------------------------------------------------------------------------------------------------------------


[[Page 972]]

C. * * *

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
           Bound No. (fig.2)                 Geographic name          points         Latitude        Longitude
----------------------------------------------------------------------------------------------------------------
14a...................................  Kawaihae Harbor, Big                   2        20.03731      -155.83403
                                         Island exclusion.
14b...................................  Kawaihae Harbor, Big      ..............        20.04036      -155.83269
                                         Island exclusion.
15a...................................  Haleolono Harbor,                      2        21.08431      -157.24961
                                         Molokai exclusion.
15b...................................  Haleolono Harbor,         ..............        21.08467      -157.24867
                                         Molokai exclusion.
16a...................................  Kaunakakai Harbor,                     4        21.08719      -157.02658
                                         Molokai exclusion.
16b...................................  Kaunakakai Harbor,        ..............        21.08033      -157.03286
                                         Molokai exclusion.
16c...................................  Kaunakakai Harbor,        ..............        21.07736      -157.02811
                                         Molokai exclusion.
16d...................................  Kaunakakai Harbor,        ..............        21.08539      -157.02083
                                         Molokai exclusion.
17a...................................  Kaumalapau Harbor, Lanai               2        20.78589      -156.99228
                                         exclusion.
17b...................................  Kaumalapau Harbor, Lanai  ..............        20.78364      -156.99203
                                         exclusion.
18a...................................  Manele Harbor, Lanai                   2        20.74256      -156.88692
                                         exclusion.
18b...................................  Manele Harbor, Lanai      ..............        20.74311      -156.88725
                                         exclusion.
19a...................................  Lahaina Harbor, Maui                   2        20.87175      -156.67917
                                         exclusion.
19b...................................  Lahaina Harbor, Maui      ..............        20.87189      -156.67889
                                         exclusion.
20a...................................  Maalaea Harbor, Maui                   2        20.79225      -156.50972
                                         exclusion.
20b...................................  Maalaea Harbor, Maui      ..............        20.79022      -156.51100
                                         exclusion.
21a...................................  Western closure Kuapa                  2        21.28528      -157.71881
                                         Pond (Hawaii Kai), Oahu.
21b...................................  Western closure Kuapa     ..............        21.28514      -157.71861
                                         Pond (Hawaii Kai), Oahu.
22a...................................  Eastern closure Kuapa                  2        21.28147      -157.71186
                                         Pond (Hawaii Kai), Oahu.
22b...................................  Eastern closure Kuapa     ..............        21.28108      -157.71119
                                         Pond (Hawaii Kai), Oahu.
----------------------------------------------------------------------------------------------------------------

Subpart R--Thunder Bay Bank National Marine Sanctuary and 
Underwater Preserve

0
53. Amend Sec.  922.190 by revising paragraph (a) to read as follows:


Sec.  922.190   Boundary.

    (a) Except as provided in paragraph (b) of this section, the 
Thunder Bay National Marine Sanctuary and Underwater Preserve 
(Sanctuary) consists of an area of approximately 3,247 square nautical 
miles (nmi\2\) (4,300 sq. mi.) of waters of Lake Huron and the 
submerged lands thereunder, over, around, and under the underwater 
cultural resources in Thunder Bay. The eastern boundary of the 
sanctuary begins at the intersection of the southern Alcona County 
boundary and the U.S./Canada international boundary (Point 1). The 
eastern boundary of the sanctuary approximates the international 
boundary passing through Points 2-5. The boundary continues west 
through Point 6 and then back to the northeast until it intersects with 
the 45.83333[deg] N line of latitude at Point 7. The northern boundary 
follows the line of latitude 45.83333[deg] N westward until it 
intersects the -84.33333[deg] W line of longitude at Point 8. The 
western boundary extends south along the -84.33333[deg] W line of 
longitude towards Point 9 until it intersects the ordinary high water 
mark at Cordwood Point. From there, the western boundary follows the 
ordinary high water mark as defined by Part 325, Great Lakes Submerged 
Lands, of P.A. 451 (1994), as amended, cutting across the mouths of 
rivers and streams until it intersects the line formed between Point 10 
and Point 11 south of Rogers City, MI. From there the boundary moves 
offshore through Points 11-15 in order until it intersects the ordinary 
high water mark along the line formed between Point 15 and Point 16. At 
this intersection the boundary continues to follow the ordinary high 
water mark south until it intersects with the line formed between Point 
17 and Point 18 near Stoneport Harbor Light in Presque Isle, MI.
* * * * *


Sec.  922.194   [Removed and Reserved].

0
54. Remove and reserve Sec.  922.194.

0
55. Revise Sec.  922.195 to read as follows:


Sec.  922.195   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.193(a)(1) through (3), if the activity is specifically authorized 
by and conducted in accordance with the scope, purpose, terms and 
conditions of a State Permit provided that:
    (1) The State Archaeologist certifies to NOAA that the activity 
authorized under the State Permit will be conducted consistent with the 
Programmatic Agreement, in which case such State Permit shall be deemed 
to have met the requirements of subpart D of this part; or
    (2) In the case where the State Archaeologist does not certify that 
the activity to be authorized under a State Permit will be conducted 
consistent with the Programmatic Agreement, the person complies with 
the requirements of subpart D of this part.
    (b) In instances where the conduct of an activity is prohibited by 
Sec.  922.193(a)(1) through (3) is not addressed under a State or other 
Federal lease, license, permit or other authorization, a person may 
conduct such activity if it is specifically authorized by and conducted 
in accordance with the scope, purpose, terms, and conditions of a 
permit issued pursuant to subpart D of this part and the Programmatic 
Agreement.
    (c) A permit for recovery of an underwater cultural resource may be 
issued if:
    (1) The proposed activity satisfies the requirements for permits 
described under paragraphs (a) and (b) of this section and section 
922.33;
    (2) The recovery of the underwater cultural resource is in the 
public interest;
    (3) Recovery of the underwater cultural resource is part of 
research to preserve historic information for public use; and
    (4) Recovery of the underwater cultural resource is necessary or 
appropriate to protect the resource, preserve historical information, 
or further the policies of the Sanctuary.
    (d) A person shall file an application for a permit with the 
Michigan Department of Environmental Quality, Land and Water Management 
Division, P.O. Box 30458, Lansing, MI 48909-7958. The application shall 
contain all of the following information:
    (1) The name and address of the applicant;

[[Page 973]]

    (2) Research plan that describes in detail the specific research 
objectives and previous work done at the site. An archaeological survey 
must be conducted on a site before an archaeological permit allowing 
excavation can be issued;
    (3) Description of significant previous work in the area of 
interest, how the proposed effort would enhance or contribute to 
improving the state of knowledge, why the proposed effort should be 
performed in the Sanctuary, and its potential benefits to the 
Sanctuary;
    (4) An operational plan that describes the tasks required to 
accomplish the project's objectives and the professional qualifications 
of those conducting and supervising those tasks (see paragraph (d)(9) 
of this section). The plan must provide adequate description of methods 
to be used for excavation, recovery and the storage of artifacts and 
related materials on site, and describe the rationale for selecting the 
proposed methods over any alternative methods;
    (5) Archaeological recording, including site maps, feature maps, 
scaled photographs, and field notes;
    (6) An excavation plan describing the excavation, recovery and 
handling of artifacts;
    (7)(i) A conservation plan documenting:
    (A) The conservation facility's equipment;
    (B) Ventilation temperature and humidity control; and
    (C) storage space.
    (ii) Documentation of intended conservation methods and processes 
must also be included;
    (8) A curation and display plan for the curation of the conserved 
artifacts to ensure the maintenance and safety of the artifacts in 
keeping with the Sanctuary's federal stewardship responsibilities under 
the Federal Archaeology Program (36 CFR part 79, Curation of Federally-
Owned and Administered Archaeological Collections); and
    (9) Documentation of the professional standards of an archaeologist 
supervising the archaeological recovery of historical artifacts. The 
minimum professional qualifications in archaeology are a graduate 
degree in archaeology, anthropology, or closely related field plus:
    (i) At least one year of full-time professional experience or 
equivalent specialized training in archeological research, 
administration or management;
    (ii) At least four months of supervised field and analytic 
experience in general North American archaeology;
    (iii) Demonstrated ability to carry research to completion; and
    (iv) At least one year of full-time professional experience at a 
supervisory level in the study of archeological resources in the 
underwater environment.

0
56. Revise appendix A to subpart R to read as follows:

Appendix A to Subpart R of Part 922--Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Coordinates

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

------------------------------------------------------------------------
                  Point                      Latitude        Longitude
------------------------------------------------------------------------
1.......................................        45.20708       -83.38850
2.......................................        45.20708       -83.00000
3.......................................        44.85847       -83.00000
4.......................................        44.85847       -83.32147
------------------------------------------------------------------------

Subpart S--Mallows Bay-Potomac River National Marine Sanctuary

0
57. Revise Sec.  922.205 to read as follows:


Sec.  922.205   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.203(a)(1) and (2) if conducted under and in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Mallows Bay-Potomac River National Marine Sanctuary, 1305 East-West 
Highway, Silver Spring, MD 20910.

0
58. Amend Sec.  922.206 by revising paragraphs (a) and (j) to read as 
follows:


Sec.  922.206   Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.203(a)(1) through (3) if such activity is specifically authorized 
by a valid Federal, state, or local lease, permit, license, approval, 
or other authorization, or tribal right of subsistence use or access in 
existence prior to the effective date of sanctuary designation and 
within the sanctuary designated area and complies with Sec.  922.10 and 
provided that the holder of the lease, permit, license, approval, or 
other authorization complies with the requirements of paragraph (e) of 
this section.
* * * * *
    (j) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.37.
* * * * *

Subpart T--Wisconsin Shipwreck Coast National Marine Sanctuary

0
59. Revise Sec.  922.215 to read as follows:


Sec.  922.215   Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
922.213(a)(1) and (2) if conducted under and in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and subpart D of this part.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West 
Highway, Silver Spring, MD 20910.

0
60. Amend Sec.  922.216 by revising paragraphs (a) and (j) to read as 
follows:


Sec.  922.216   Certification of preexisting leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Sec.  
922.213(a)(1) through (3) if such activity is specifically authorized 
by a valid Federal, state, or local lease, permit, license, approval, 
or other authorization, or tribal right of subsistence use or access in 
existence prior to the effective date of sanctuary designation and 
within the sanctuary designated area and complies with Sec.  922.10 and 
provided that the holder of the lease, permit, license, approval, or 
other authorization complies with the requirements of paragraph (e) of 
this section.
* * * * *
    (j) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec.  922.37.
* * * * *

[FR Doc. 2022-28225 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-NK-P