15 CFR Part 922 — National Marine Sanctuary Program Regulations

PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS Authority: 16 U.S.C. 1431 et seq. Source: 60 FR 66877, Dec. 27, 1995, unless otherwise noted. Editorial Note: Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997 and at 62 FR 67724, Dec. 30, 1997. Subpart A—Regulations of General Applicability Source: 88 FR 958, Jan. 6, 2023, unless otherwise noted. § 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., (2) To implement the designations of the national marine sanctuaries, for which specific regulations appear in subpart F through subsequent subparts of this part, by regulating activities affecting them, consistent with their respective terms of designation, in order to protect, restore, preserve, manage, and thereby ensure the health, integrity, and continued availability of the conservation, recreational, ecological, historical, scientific, educational, cultural, archaeological, and aesthetic resources and qualities of these areas. (b) The regulations of this part are binding on any person subject to the jurisdiction of the United States. Designation of a national marine sanctuary beyond the U.S. territorial sea does not constitute any claim to territorial jurisdiction on the part of the United States. The regulations of this part shall be applied in accordance with generally recognized principles of international law, 1 1 (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. [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48286, June 6, 2024; 89 FR 83594, Oct. 16, 2024] § 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 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., et seq., et seq. § 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. § 922.4 Boundaries. Subpart F and subsequent subparts of this part set forth the boundaries for all national marine sanctuaries. [89 FR 83594, Oct. 16, 2024] § 922.5 Allowed activities. All activities (e.g., fishing, boating, diving, research, education) may be conducted unless prohibited or otherwise regulated in the site-specific regulations covered by this part, subject to any emergency regulations promulgated under this part, subject to all prohibitions, regulations, restrictions, and conditions validly imposed by any Federal, State, or local authority of competent jurisdiction, including but not limited to, Federal, Tribal, and State fishery management authorities, and subject to the provisions of section 312 of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq. [88 FR 958, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023] § 922.6 Prohibited or otherwise regulated activities. Subpart F and subsequent subparts of this part set forth site-specific regulations applicable to the activities specified therein. [89 FR 83594, Oct. 16, 2024] § 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, § 922.112(e). (2) Florida Keys National Marine Sanctuary, § 922.165. (3) Hawaiian Islands Humpback Whale National Marine Sanctuary, § 922.185. (4) Thunder Bay National Marine Sanctuary, § 922.196. (5) Mallows Bay—Potomac River National Marine Sanctuary, § 922.204. (6) Wisconsin Shipwreck Coast National Marine Sanctuary, § 922.214. (7) Lake Ontario National Marine Sanctuary, § 922.224. [88 FR 958, Jan 6, 2023, as amended by 89 FR 48286, June 6, 2024] § 922.8 Penalties. (a) Each violation of the NMSA or the other statutes designating national marine sanctuaries listed in § 922.2(b), any regulation in this part or any permit issued pursuant thereto, is subject to a civil penalty. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing administrative proceedings for assessment of civil penalties, permit sanctions and denials for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904. § 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 § 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. § 922.11 Definitions. The following definitions shall apply to this part, unless modified by the definitions for a specific subpart or regulation: Abandoning Act or NMSA et seq., Assistant Administrator Attract or attracting Benthic community Clean . Commercial fishing Conventional hook and line gear Cruise ship Cultural resource Deserting Director Effective date Federal Register. Federal Register Exclusive economic zone et seq. Fish Graywater Harmful matter Historical resource et seq. Indian tribe Injure or injury Introduced species Inventory Lawful fishing Lightering Marine Mineral National historic landmark National Marine Sanctuary or Sanctuary Person Regional Fishery Management Council et seq. Sanctuary quality Sanctuary resource Seagrass Zostera asiatica Zostera marina Thalassia testudinum Syringodium filiforme Halodule wrightii Halophila decipiens H. engelmannii ( H. johnsonii Ruppia maritima Secretary Shunt State Subsistence use Take (taking or taken) of a marine mammal, sea turtle, or bird (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 Washington Coast treaty tribe [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024] § 922.12 Sanctuary nomination process. (a) The sanctuary nomination process ( see www.sanctuaries.noaa.gov (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 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., e.g., (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. § 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 Subparts B-C [Reserved] Subpart D—National Marine Sanctuary Permitting Source: 88 FR 962, Jan. 6, 2023, unless otherwise noted. § 922.30 National Marine Sanctuary general permits. (a) Authority to issue general permits. (1) The provisions of this subpart; and (2) The permit procedures and criteria for all national marine sanctuaries in which the proposed activity is to take place in accordance with relevant site-specific regulations appearing in subpart F and subsequent subparts of this part. (b) Sanctuary general permit categories. (1) Research—activities that constitute scientific research or scientific monitoring of a national marine sanctuary resource or quality; (2) Education—activities that enhance public awareness, understanding, or appreciation of a national marine sanctuary or national marine sanctuary resource or quality; (3) Management—activities that assist in managing a national marine sanctuary; (4) Jade removal—the removal of loose jade from the Jade Cove area, without the use of pneumatic, mechanical, electrical, hydraulic or explosive tools, within Monterey Bay National Marine Sanctuary that cannot be collected under 15 CFR 922.132(a)(1)(ii) and (iii). Preference will be given for applications proposing to collect loose pieces of jade for research or educational purposes; (5) Tribal self-determination—activities conducted by a Washington Coast treaty tribe and/or its designee as certified by the governing body of the tribe to promote or enhance tribal self-determination, tribal government functions, the exercise of treaty rights, the economic development of the tribe, subsistence, ceremonial and spiritual activities, or the education or training of tribal members (6) 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; (7) Native American cultural or ceremonial activities—activities within Chumash Heritage National Marine Sanctuary that will promote or enhance local Native American cultural or ceremonial activities; or will promote or enhance education and training related to local Native American cultural or ceremonial activities; (8) Native Hawaiian Practices—activities that allow for Native Hawaiian practices within Papahānaumokuākea National Marine Sanctuary; and (9) Recreation—recreational activities within Papahānaumokuākea National Marine Sanctuary limited to the Midway Atoll Special Management Area. [88 FR 962, Jan. 6, 2023, as amended at 89 FR 83594, Oct. 16, 2024; 90 FR 4891, Jan. 16, 2025] § 922.31 National Marine Sanctuary special use permits. (a) In general. (b) Authority to issue. (c) Public notice. Federal Register (d) Fees. [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024] § 922.32 Application requirements and procedures. (a) Submitting applications. (b) Application requirements. (1) A detailed description of the proposed activity including: (i) A timetable for completion of the activity; (ii) A detailed description of the proposed location for the activity; and (iii) The equipment, personnel and methodology to be employed; (2) The qualifications and experience of all personnel; (3) The financial resources available to the applicant to conduct and complete the proposed activity and comply with any terms and conditions deemed necessary; (4) A statement as to why it is necessary to conduct the activity within a national marine sanctuary; (5) A description of the potential impacts of the activity, if any, on sanctuary resources and qualities; (6) A description of the benefits the conduct of the activity would have for the national marine sanctuary or national marine sanctuary system; (7) Copies of all other required licenses, permits, approvals, or other authorizations; and (8) Such other information as the Director may request or is specified in the relevant subpart. (c) Additional information. (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. (e) Incomplete applications. (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. § 922.33 Review procedures and evaluation. (a) Review criteria. (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; (9) For Olympic Coast National Marine Sanctuary, the activity as proposed does not adversely affect any Washington Coast treaty tribe; and (10) For Papahānaumokuākea National Marine Sanctuary, there is no practicable alternative to conducting the activity within the sanctuary and the activity can be conducted with adequate safeguards for the resources and ecological integrity of the sanctuary. Further, for Native Hawaiian Practices and Recreation permits in Papahānaumokuākea National Marine Sanctuary, the activity meets the additional site-specific permit review criteria identified in § 922.245. (b) Permit terms and conditions. (c) Permit actions. (d) Denial of permit application. (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. [88 FR 962, Jan. 6, 2023, as amended at 90 FR 4891, Jan. 16, 2025] § 922.34 Permit amendments. (a) Request for amendments. (b) Review of amendment requests. (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. (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. § 922.35 Special use permit fees. (a) Authority to assess fees. (b) Components of permit fees. (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. § 922.36 National Marine Sanctuary authorizations. (a) Authority to issue authorizations. (b) Authorization notification to the Director Notification requirement. (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, subpart R, subpart U, or subpart V of this part. (iii) A copy of the application for the agency approval must accompany the notification. (2) Director's response to notification. (c) Authorization review procedures and evaluation Additional information. (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. (3) Director's response. (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. (e) Communication of actions and denials. (f) Time limits. [88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024; 89 FR 83594, Oct. 16, 2024] § 922.37 Appeals of permitting decisions. (a) Potential 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 § 922.10; (2) An applicant or a holder of a National Marine Sanctuary permit issued pursuant to § 922.30 or pursuant to site-specific regulations appearing in subparts F through V of this part; (3) An applicant or a holder of a special use permit issued pursuant to section 310 of the Act and § 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 § 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. (1) The denial, conditioning, amendment, suspension, or revocation by the Director of a general permit pursuant to § 922.30 or other relevant subpart, special use permit pursuant to section 310 of the Act and § 922.31, or an ONMS authorization issued pursuant to § 922.36; or a certification under § 922.10. (2) Reserved. (c) Appeal requirements. (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. (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 (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 ithin 60 days after the record for the hearing closes. (e) Deciding an appeal. (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. (g) Paragraphs (a) through (f) of this section do not apply to Papahānaumokuākea National Marine Sanctuary. [88 FR 962, Jan. 6, 2023, as amended at 89 FR 83594, Oct. 16, 2024; 90 FR 4891, Jan. 16, 2025] Subpart E [Reserved] Subpart F—Monitor National Marine Sanctuary § 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 [88 FR 965, Jan. 6, 2023] § 922.61 Prohibited or otherwise regulated activities. Except as may be permitted by the Director, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (a) Anchoring in any manner, stopping, remaining, or drifting without power at any time; (b) Any type of subsurface salvage or recovery operation; (c) Diving of any type, whether by an individual or by a submersible; (d) Lowering below the surface of the water any grappling, suction, conveyor, dredging or wrecking device; (e) Detonating below the surface of the water any explosive or explosive mechanism; (f) Drilling or coring the seabed; (g) Lowering, laying, positioning or raising any type of seabed cable or cable-laying device; (h) Trawling; or (i) Discharging waster material into the water in violation of any Federal statute or regulation. § 922.62 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 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. [88 FR 965, Jan. 6, 2023] Subpart G—Channel Islands National Marine Sanctuary § 922.70 Boundary. The Channel Islands National Marine Sanctuary (Sanctuary) consists of an area of approximately 1,110 square nautical miles (nmi 2 [74 FR 3260, Jan. 16, 2009, as amended by 88 FR 965, Jan. 6, 2023] § 922.71 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Motorized personal watercraft Oceangoing ship Pelagic finfish Engraulis mordax Sphyraena spp. Istiophoridae Coryphaena hippurus Clupea pallasi Trachurus symmetricus Scomber japonicus Oncorhynchus spp. Sardinops sagax Prionace glauca Lamna ditropis Isurus oxyrinchus Alopias spp. Xiphias gladius Scombridae Seriola lalandi Stowed and not available for immediate use [74 FR 3260, Jan. 16, 2009, as amended at 88 FR 965, Jan. 6, 2023] § 922.72 Prohibited or otherwise regulated activities—Sanctuary-wide. (a) Except as specified in paragraphs (b) through (e) of this section, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted: (1) Exploring for, developing, or producing hydrocarbons within the Sanctuary, except pursuant to leases executed prior to March 30, 1981, and except the laying of pipeline pursuant to exploring for, developing, or producing hydrocarbons. (2) Exploring for, developing, or producing minerals within the Sanctuary, except producing by-products incidental to hydrocarbon production allowed by paragraph (a)(1) of this section. (3)(i) Discharging or depositing from within or into the Sanctuary any material or other matter except: (A) Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within the Sanctuary; (B) For a vessel less than 300 gross registered tons (GRT), or an oceangoing ship without sufficient holding tank capacity to hold sewage while within the Sanctuary, biodegradable effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1321 et seq. (C) Biodegradable matter from: ( 1 ( 2 ( 3 ( 4 (D) Vessel engine or generator exhaust; (E) Effluent routinely and necessarily discharged or deposited incidental to hydrocarbon exploration, development, or production allowed by paragraph (a)(1) of this section; or (F) Discharge allowed under section 312(n) of the FWPCA. (ii) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed in paragraphs (a)(3)(i)(B) through (F) of this section and fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity beyond the boundary of the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity there. (4) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing or placing any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as incidental to and necessary to: (i) Anchor a vessel; (ii) Install an authorized navigational aid; (iii) Conduct lawful fishing activity; (iv) Lay pipeline pursuant to exploring for, developing, or producing hydrocarbons; or (v) Explore for, develop, or produce hydrocarbons as allowed by paragraph (a)(1) of this section. (5) Abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary. (6) Except to transport persons or supplies to or from any Island, operating within one nmi of any Island any vessel engaged in the trade of carrying cargo, including, but not limited to, tankers and other bulk carriers and barges, any vessel engaged in the trade of servicing offshore installations, or any vessel of three hundred gross registered tons or more, except fishing or kelp harvesting vessels. (7) Disturbing marine mammals or seabirds by flying motorized aircraft at less than 1,000 feet over the waters within one nautical mile of any Island, except to engage in kelp bed surveys or to transport persons or supplies to or from an Island. Failure to maintain a minimum altitude of 1,000 feet above ground level over such waters is presumed to disturb marine mammals or seabirds. (8) Moving, removing, injuring, or possessing, or attempting to move, remove, injure, or possess a Sanctuary historical resource. (9) Taking any marine mammal, sea turtle, or seabird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (10) Possessing within the Sanctuary (regardless of where taken from, moved, or removed from) any marine mammal, sea turtle, or seabird, except as authorized by the MMPA, ESA, MBTA, or any regulation, as amended, promulgated under the MMPA, ESA, or MBTA. (11) Marking, defacing, damaging, moving, removing, or tampering with any sign, notice, or placard, whether temporary or permanent, or any monument, stake, post, or other boundary marker related to the Sanctuary. (12) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass ( Morone saxatilis (13) Operating a motorized personal watercraft within waters of the Sanctuary that are coextensive with the Channel Islands National Park, established by 16 U.S.C. 410(ff). (b)(1) The prohibitions in paragraphs (a)(3) through (13) of this section and in § 922.73 do not apply to military activities carried out by DOD as of the effective date of these regulations and specifically identified in section 3.5.9 (Department of Defense Activities) of the Final Channel Islands National Marine Sanctuary Management Plan/Final Environmental Impact Statement (FMP/FEIS), Volume II: Environmental Impact Statement, 2008, authored and published by NOAA (“pre-existing activities”). Copies of the document are available from the Channel Islands National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109. Other military activities carried out by DOD may be exempted by the Director after consultation between the Director and DOD. (2) A military activity carried out by DOD as of the effective date of these regulations and specifically identified in the section entitled “Department of Defense Activities” of the FMP/FEIS is not considered a pre-existing activity if: (i) It is modified in such a way that requires the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., (ii) It is modified, including but not limited to changes in location or frequency, in such a way that its possible adverse effects on Sanctuary resources or qualities are significantly greater than previously considered for the unmodified activity; (iii) It is modified, including but not limited to changes in location or frequency, in such a way that its possible adverse effects on Sanctuary resources or qualities are significantly different in manner than previously considered for the unmodified activity; or (iv) There are new circumstances or information relevant to a Sanctuary resource or quality that were not addressed in the FMP/FEIS. (3) In the event of destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an incident, including, but not limited to, discharges, deposits, and groundings, caused by a DOD activity, DOD, in coordination with the Director, must promptly prevent and mitigate further damage and must restore or replace the Sanctuary resource or quality in a manner approved by the Director. (4) All DOD activities must be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. (c) The prohibitions in paragraphs (a)(3) through (10) and (12) and (13) of this section and in § 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 § 922.74. (d) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of this section and in § 922.73 do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment. (e) The prohibitions in paragraphs (a)(3) through (11) and (a)(13) of this section and in § 922.73 do not apply to any activity necessary for valid law enforcement purposes in the Sanctuary. [74 FR 3260, Jan. 16, 2009, as amended at 77 FR 3922, Jan. 26, 2012; 88 FR 965, Jan. 6, 2023] § 922.73 Additional prohibited or otherwise regulated activities—marine reserves and marine conservation area. (a) Marine reserves. (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities. (2) Possessing fishing gear on board a vessel unless such gear is stowed and not available for immediate use. (3) Possessing any Sanctuary resource, except legally harvested fish on board a vessel at anchor or in transit. (b) Marine conservation area. (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities, except: (i) Recreational fishing for pelagic finfish; or (ii) Commercial and recreational fishing for lobster. (2) Possessing fishing gear on board a vessel, except legal fishing gear used to fish for lobster or pelagic finfish, unless such gear is stowed and not available for immediate use. (3) Possessing any Sanctuary resource, except legally harvested fish. [74 FR 3260, Jan. 16, 2009] § 922.74 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.72 or § 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. [88 FR 965, Jan. 6, 2023] Appendix A to Subpart G of Part 922—Channel Islands National Marine Sanctuary Boundary Coordinates [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.] Point Latitude (N) Longitude (W) 1 33.94138 −119.27422 2 33.96776 −119.25010 3 34.02607 −119.23642 4 34.07339 −119.25686 5 34.10185 −119.29178 6 34.11523 −119.33040 7 34.11611 −119.39120 8 34.11434 −119.40212 9 34.11712 −119.42896 10 34.11664 −119.44844 11 34.13389 −119.48081 12 34.13825 −119.49198 13 34.14784 −119.51194 14 34.15086 −119.54670 15 34.15450 −119.54670 16 34.15450 −119.59170 17 34.15142 −119.61254 18 34.13411 −119.66024 19 34.14635 −119.69780 20 34.15988 −119.76688 21 34.15906 −119.77800 22 34.15928 −119.79327 23 34.16213 −119.80347 24 34.16962 −119.83643 25 34.17266 −119.85240 26 34.17588 −119.88903 27 34.17682 −119.93357 28 34.17258 −119.95830 29 34.13535 −120.01964 30 34.13698 −120.04206 31 34.12994 −120.08582 32 34.12481 −120.11104 33 34.12519 −120.16076 34 34.11008 −120.21190 35 34.11128 −120.22707 36 34.13632 −120.25292 37 34.15341 −120.28627 38 34.16408 −120.29310 39 34.17704 −120.30670 40 34.20492 −120.30670 41 34.20492 −120.38830 42 34.20707 −120.41801 43 34.20520 −120.42859 44 34.19254 −120.46041 45 34.20540 −120.50728 46 34.20486 −120.53987 47 34.18182 −120.60041 48 34.10208 −120.64208 49 34.08151 −120.63894 50 34.05848 −120.62862 51 34.01940 −120.58567 52 34.01349 −120.57464 53 33.98698 −120.56582 54 33.95039 −120.53282 55 33.92694 −120.46132 56 33.92501 −120.42170 57 33.91403 −120.37585 58 33.91712 −120.32506 59 33.90956 −120.30857 60 33.88976 −120.29540 61 33.84444 −120.25482 62 33.83146 −120.22927 63 33.81763 −120.20284 64 33.81003 −120.18731 65 33.79425 −120.13422 66 33.79379 −120.10207 67 33.79983 −120.06995 68 33.81076 −120.04351 69 33.81450 −120.03158 70 33.84125 −119.96508 71 33.84865 −119.92316 72 33.86993 −119.88330 73 33.86195 −119.88330 74 33.86195 −119.80000 75 33.86110 −119.79017 76 33.86351 −119.77130 77 33.85995 −119.74390 78 33.86233 −119.68783 79 33.87330 −119.65504 80 33.88594 −119.62617 81 33.88688 −119.59423 82 33.88809 −119.58278 83 33.89414 −119.54861 84 33.90064 −119.51936 85 33.90198 −119.51609 86 33.90198 −119.43311 87 33.90584 −119.43311 88 33.90424 −119.42422 89 33.90219 −119.40730 90 33.90131 −119.38373 91 33.90398 −119.36333 92 33.90635 −119.35345 93 33.91304 −119.33280 94 33.91829 −119.32206 95 33.48250 −119.16874 96 33.44235 −119.16797 97 33.40555 −119.14878 98 33.39059 −119.13283 99 33.36804 −119.08891 100 33.36375 −119.06803 101 33.36241 −119.04812 102 33.36320 −119.03670 103 33.36320 −118.90879 104 33.47500 −118.90879 105 33.48414 −118.90712 106 33.52444 −118.91492 107 33.53834 −118.92271 108 33.58616 −118.99540 109 33.59018 −119.02374 110 33.58516 −119.06745 111 33.58011 −119.08521 112 33.54367 −119.14460 113 33.51161 −119.16367 [72 FR 29233, May 24, 2007] Appendix B to Subpart G of Part 922—Marine Reserve Boundaries [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.] B.1. Richardson Rock (San Miguel Island) Marine Reserve The Richardson Rock Marine Reserve (Richardson Rock) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-1, and the following textual description. The Richardson Rock boundary extends from Point 1 to Point 2 along a straight line. It then extends from Point 2 to Point 3 along a straight line. The boundary then extends along a straight line from Point 3 to the 3 nmi State boundary established under the Submerged Lands Act (3 nmi State boundary) where a line defined by connecting Point 3 and Point 4 with a straight line intersects the 3 nmi State boundary. The boundary then extends northwestward and then eastward along the 3 nmi State boundary until it intersects the line defined by connecting Point 5 and Point 6 with a straight line. At that intersection, the boundary extends from the 3 nmi SLA boundary to Point 6 along a straight line. Table B-1—Richardson Rock (San Miguel Island) Marine Reserve Point Latitude Longitude 1 34.17333 ° N 120.60483 ″ W 2 34.17333 ° N 120.47000 ″ W 3 34.12900 ° N 120.47000 ″ W 4 34.03685 ° N 120.52120 ″ W 5 34.03685 ° N 120.60483 ″ W 6 34.17333 ° N 120.60483 ″ W B.2. Harris Point (San Miguel Island) Marine Reserve The Harris Point Marine Reserve (Harris Point) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-2, and the following textual description. The Harris Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary northwestward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-2—Harris Point (San Miguel Island) Marine Reserve Point Latitude Longitude 1 34.20492 ° N 120.38830 ″ W 2 34.20492 ° N 120.30670 ″ W 3 34.10260 ° N 120.30670 ″ W 4 34.15200 ° N 120.38830 ″ W 5 34.20492 ° N 120.38830 ″ W B.3. South Point (Santa Rosa Island) Marine Reserve The South Point Marine Reserve (South Point) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-3, and the following textual description. The South Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary southeastward until it intersects the line defined by connecting Point 4 and Point 5 along a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-3—South Point (Santa Rosa Island) Marine Reserve Point Latitude Longitude 1 33.84000 ° N 120.10830 ″ W 2 33.84000 ° N 120.16670 ″ W 3 33.86110 ° N 120.16670 ″ W 4 33.84700 ° N 120.10830 ″ W 5 33.84000 ° N 120.10830 ″ W B.4. Gull Island (Santa Cruz Island) Marine Reserve The Gull Island Marine Reserve (Gull Island) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-4, and the following textual description. The Gull Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-4—Gull Island (Santa Cruz Island) Marine Reserve Point Latitude Longitude 1 33.86195 ° N 119.80000 ″ W 2 33.86195 ° N 119.88330 ″ W 3 33.92690 ° N 119.88330 ″ W 4 33.90700 ° N 119.80000 ″ W 5 33.86195 ° N 119.80000 ″ W B.5. Scorpion (Santa Cruz Island) Marine Reserve The Scorpion Marine Reserve (Scorpion) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-5, and the following textual description. The Scorpion boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-5—Scorpion (Santa Cruz Island) Marine Reserve Point Latitude Longitude 1 34.15450 ° N 119.59170 ″ W 2 34.15450 ° N 119.54670 ″ W 3 34.10140 ° N 119.54670 ″ W 4 34.10060 ° N 119.59170 ″ W 5 34.15450 ° N 119.59170 ″ W B.6. Footprint Marine Reserve The Footprint Marine Reserve (Footprint) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-6, and the following textual description. The Footprint boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary northeastward and then southeastward until it intersects the line defined by connecting Point 4 and Point 5 along a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-6—Footprint Marine Reserve Point Latitude Longitude 1 33.90198 ° N 119.43311 ″ W 2 33.90198 ° N 119.51609 ″ W 3 33.96120 ° N 119.51609 ″ W 4 33.95710 ° N 119.43311 ″ W 5 33.90198 ° N 119.43311 ″ W B.7. Anacapa Island Marine Reserve The Anacapa Island Marine Reserve (Anacapa Island) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-7, and the following textual description. The Anacapa Island boundary extends from Point 1 to Point 2 along a straight line. It then extends to the 3 nmi State boundary where a line

defined by connecting Point 2 and Pont 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table B-7—Anacapa Island Marine Reserve Point Latitude Longitude 1 34.08330 ° N 119.41000 ″ W 2 34.08330 ° N 119.35670 ″ W 3 34.06450 ° N 119.35670 ″ W 4 34.06210 ° N 119.41000 ″ W 5 34.08330 ° N 119.41000 ″ W B.8. Santa Barbara Island Marine Reserve The Santa Barbara Island Marine Reserve (Santa Barbara) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-8, and the following textual description. The Santa Barbara boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary northeastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. The boundary then extends from Point 5 to Point 6 along a straight line. Table B-8—Santa Barbara Island Marine Reserve Point Latitude Longitude 1 33.36320 ° N 118.90879 ″ W 2 33.36320 ° N 119.03670 ″ W 3 33.41680 ° N 119.03670 ″ W 4 33.47500 ° N 118.97080 ″ W 5 33.47500 ° N 118.90879 ″ W 6 33.36320 ° N 118.90879 ″ W [72 FR 29233, May 24, 2007] Appendix C to Subpart G of Part 922—Marine Conservation Area Boundary C.1. Anacapa Island Marine Conservation Area The Anacapa Island Marine Conservation Area (AIMCA) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table C-1, and the following textual description. The AIMCA boundary extends from Point 1 to Point 2 along a straight line. It then extends to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. Table C-1—Anacapa Island Marine Conservation Area Point Latitude Longitude 1 34.08330 ° N 119.44500 ″ W 2 34.08330 ° N 119.41000 ″ W 3 34.06210 ° N 119.41000 ″ W 4 34.06300 ° N 119.44500 ″ W 5 34.08330 ° N 119.44500 ″ W [72 FR 29233, May 24, 2007; 72 FR 42317, Aug. 2, 2007] Subpart H—Greater Farallones National Marine Sanctuary Source: 80 FR 13108, Mar. 12, 2015, unless otherwise noted. Editorial Note: Nomenclature changes to subpart H appear at 80 FR 34048, June 15, 2015. § 922.80 Boundary. (a) Greater Farallones National Marine Sanctuary (Sanctuary) encompasses an area of approximately 2,488 square nautical miles (nmi 2 (b) The western boundary of the Sanctuary extends south from Point 1 approximately 45 nautical miles (52 miles) to Point 2, which is the northwestern corner of Cordell Bank National Marine Sanctuary (CBNMS). The Sanctuary boundary then extends from Point 2 approximately 38 nautical miles (43 miles) east along the northern boundary of CBNMS to Point 3, which is approximately 6 nautical miles (7 miles) west of Bodega Head. From Point 3 the Sanctuary boundary continues south and west to Points 4 through 19 (in numerical sequence) and is coterminous with the eastern boundary of CBNMS. From Point 19 the Sanctuary boundary continues south and east to Points 20 through 25 (in numerical sequence) until it intersects the boundary for Monterey Bay National Marine Sanctuary (MBNMS) at Point 26. From Point 26 the Sanctuary boundary extends eastward and northward, coterminous with MBNMS, to Points 27 through 33 (in numerical sequence). From Point 33 the boundary proceeds along a straight line arc towards Point 34 until it intersects the Mean High Water Line at Rocky Point, California. From this intersection the Sanctuary boundary follows the Mean High Water Line northward until it intersects the boundary for Point Reyes National Seashore approximately 0.7 nautical miles (0.8 miles) south and east of Bolinas Point in Marin County, California. The Sanctuary boundary then approximates the boundary for Point Reyes National Seashore, as established at the time of designation of the Sanctuary, to the intersection of the Point Reyes National Seashore boundary and the Mean High Water Line approximately 0.13 nautical miles (0.15 miles) south and east of Duck Cove in Tomales Bay. The Sanctuary boundary then follows the Mean High Water Line along Tomales Bay and up Lagunitas Creek to the U.S. Highway 1 Bridge. Here the Sanctuary boundary crosses Lagunitas Creek and follows the Mean High Water Line north to the Estero de San Antonio and up the Estero to the tide gate at Valley Ford-Franklin School Road. Here the Sanctuary boundary crosses the Estero de San Antonio and proceeds west and north following the Mean High Water Line to the Estero Americano and up the Estero to the bridge at Valley Ford-Estero Road. Here the Sanctuary boundary crosses the Estero Americano and proceeds west and north following the Mean High Water Line towards Salmon Creek. Approaching Salmon Creek the boundary continues along the Mean High Water Line until it intersects a straight line arc that passes through Points 35 and 36. From that intersection the boundary extends across the creek along the straight line arc towards Point 36 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line north towards the Russian River. Approaching the Russian River the boundary continues along the Mean High Water Line until it intersects a straight line arc that passes through Points 37 and Point 38. At that intersection the boundary extends across the river along the straight line arc towards Point 38 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line north towards the Gualala River. Approaching the Gualala River the boundary continues along the Mean High Water Line until it intersects a straight line arc that passes through Points 39 and Point 40. At that intersection the boundary extends across the river along the straight line arc towards Point 40 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line north to Arena Cove in Mendocino County. Approaching Arena Cove the boundary continues along the Mean High Water Line until it intersects a straight line arc that passes through Points 41 and Point 42. At that intersection the boundary extends across the cove along the straight line arc towards Point 42 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line north towards the Garcia River. Approaching the Garcia River the boundary continues along the Mean High Water Line until it intersects a straight line arc that passes through Points 43 and Point 44. At that intersection the boundary extends across the river along the straight line arc towards Point 44 until it intersects the Mean High Water Line. The Sanctuary boundary then continues north following the Mean High Water Line until it intersects the rhumb line connecting Point 45 and Point 46. From this intersection the Sanctuary boundary continues west along its northernmost extent to Point 46. The Sanctuary includes Bolinas Lagoon, Estero de San Antonio (to the tide gate at Valley Ford-Franklin School Road) and Estero Americano (to the bridge at Valley Ford-Estero Road), as well as Bodega Bay, but does not include Bodega Harbor, the Salmon Creek Estuary, the Russian River Estuary, the Gualala River Estuary, Arena Cove, or the Garcia River Estuary. Unless otherwise specified, where the Sanctuary boundary crosses a waterway, the Sanctuary excludes this waterway upstream of the crossing. [80 FR 13108, Mar. 12, 2015; 88 FR 965, Jan. 6, 2023] § 922.81 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Motorized personal watercraft Routine maintenance Special Wildlife Protection Zones [80 FR 13108, Mar. 12, 2015, as amended at 88 FR 965, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023] § 922.82 Prohibited or otherwise regulated activities. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Exploring for, developing, or producing oil, gas or minerals. (2) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter except: (i) Fish, fish parts, chumming materials or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within the Sanctuary; (ii) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) that is approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (iii) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (iv) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (v) Vessel engine or generator exhaust; or (vi) For a United States Coast Guard vessel without sufficient holding tank capacity and without a Type I or II marine sanitation device, and operating within the designated area [2015 expansion area] defined in appendix G of this subpart, sewage and non-clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use, and ammunition, pyrotechnics or other materials directly related to search and rescue and live ammunition training activities conducted by United States Coast Guard vessels and aircraft in the designated areas defined in appendix G of this subpart. (3) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash. (4) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except for the material or other matter excepted in paragraphs (a)(2)(i) through (vi) and (a)(3) of this section. (5) Constructing any structure other than a navigation aid on or in the submerged lands of the Sanctuary; placing or abandoning any structure on or in the submerged lands of the Sanctuary; or drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary in any way, except: (i) By anchoring vessels (in a manner not otherwise prohibited by this part (see paragraph (a)(16) of this section); (ii) While conducting lawful fishing activities; (iii) Routine maintenance and construction of docks and piers on Tomales Bay; or (iv) Aquaculture activities conducted pursuant to a valid lease, permit, license or other authorization issued by the State of California. (6) Operating motorized personal watercraft (MPWC) anywhere in Bodega Bay and anywhere in the Sanctuary south of 38.29800 degrees North Latitude (the southernmost tip of Bodega Head), except for emergency search and rescue missions or law enforcement operations (other than routine training activities) carried out by the National Park Service, U.S. Coast Guard, Fire or Police Departments or other Federal, State or local jurisdictions. (7) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (8) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine mammal, sea turtle, or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes. (9) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a Sanctuary historical resource. (10) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except: (i) Striped bass ( Morone saxatilis (ii) Species cultivated by commercial shellfish aquaculture activities in Tomales Bay pursuant to a valid lease, permit, license or other authorization issued by the State of California. Tomales Bay is defined in § 922.80. The coordinates for the northern terminus of Tomales Bay are listed in appendix C to this subpart. (11) Disturbing marine mammals or seabirds by flying motorized aircraft at less than 1,000 feet over the waters within any of the seven designated Special Wildlife Protection Zones described in appendix D to this subpart, except transiting Zone 6 to transport persons or supplies to or from Southeast Farallon Island authorized by the U.S. Fish and Wildlife Service, Farallon National Wildlife Refuge, or for enforcement purposes. Failure to maintain a minimum altitude of 1,000 feet above ground level over such waters is presumed to disturb marine mammals or seabirds. (12) Operating any vessel engaged in the trade of carrying cargo within any area designated Special Wildlife Protection Zone or within one nautical mile from these zones. The coordinates are listed in appendix E to this subpart. This includes but is not limited to tankers and other bulk carriers and barges, or any vessel engaged in the trade of servicing offshore installations, except to transport persons or supplies to or from the Farallon Islands. In no event shall this section be construed to limit access for fishing, recreational or research vessels. (13) Attracting a white shark anywhere in the Sanctuary; or approaching within 50 meters of any white shark within Special Wildlife Protection Zone 6 and 7 or within one nautical mile from these zones The coordinates are listed in appendix F to this subpart. (14) Deserting a vessel aground, at anchor, or adrift in the Sanctuary. (15) Leaving harmful matter aboard a grounded or deserted vessel in the Sanctuary. (16) Anchoring a vessel in a designated seagrass protection zone in Tomales Bay, except as necessary for aquaculture operations conducted pursuant to a valid lease, permit or license. The coordinates for the no-anchoring seagrass protection zones are listed in Appendix B to this subpart. (17) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) All activities currently carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions in this section. The exemption of additional activities shall be determined in consultation between the Director and the Department of Defense. (c) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an emergency threatening life, property or the environment, or except as may be 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 § 922.83, or a special use permit issued pursuant to subpart D of this part. [80 FR 13108, Mar. 12, 2015, as amended at 83 FR 55966, Nov. 9, 2018; 88 FR 965, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023] § 922.83 Permit procedures and issuance criteria. (a) A person may conduct an activity otherwise prohibited by § 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. [88 FR 966, Jan. 6, 2023, as amended at 88 FR 19826, Apr. 4, 2023] § 922.84 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 § 922.82(a)(1) through (17) if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence prior to the June 9, 2015 effective date of sanctuary expansion and within the sanctuary expansion area and complies with § 922.10 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken. (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Greater Farallones National Marine Sanctuary, 991 Marine Drive, The Presidio, San Francisco, CA 94129. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by § 922.82 (a)(1) through (17) provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or right; (2) The holder complies with the other provisions of this section; and (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (f) The holder of an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by § 922.82 may conduct the activity without being in violation of applicable provisions of § 922.82, pending final agency action on his or her certification request, provided the holder is otherwise in compliance with this section. (g) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request. (h) The Director may amend any certification made under this section whenever additional information becomes available that he determines justifies such an amendment. (i) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in § 922.37. (k) Any time limit prescribed in or established under this section may be extended by the Director for good cause. [80 FR 13108, Mar. 12, 2015, as amended at 88 FR 19829, Apr. 4, 2023] § 922.85 Review of State permits and leases for certain aquaculture projects. NOAA has described in a Memorandum of Agreement (MOA) with the State of California how the State will consult and coordinate with NOAA to review any new, amended or expanded lease or permit application for aquaculture projects in Tomales Bay involving introduced species. Appendix A to Subpart H of Part 922—Greater Farallones National Marine Sanctuary Boundary Coordinates Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. Point ID No. Latitude Longitude 1 39.00000 −124.33350 2 38.29989 −123.99988 3 38.29989 −123.20005 4 38.26390 −123.18138 5 38.21001 −123.11913 6 38.16576 −123.09207 7 38.14072 −123.08237 8 38.12829 −123.08742 9 38.10215 −123.09804 10 38.09069 −123.10387 11 38.07898 −123.10924 12 38.06505 −123.11711 13 38.05202 −123.12827 14 37.99227 −123.14137 15 37.98947 −123.23615 16 37.95880 −123.32312 17 37.90464 −123.38958 18 37.83480 −123.42579 19 37.76687 −123.42694 20 37.75932 −123.42686 21 37.68892 −123.39274 22 37.63356 −123.32819 23 37.60123 −123.24292 24 37.59165 −123.22641 25 37.56305 −123.19859 26 37.52001 −123.12879 27 37.50819 −123.09617 28 37.49418 −123.00770 29 37.50948 −122.90614 30 37.52988 −122.85988 31 37.57147 −122.80399 32 37.61622 −122.76937 33 37.66641 −122.75105 34 * 37.88225 −122.62753 35 * 38.35045 −123.06711 36 * 38.35665 −123.06724 37 * 38.44575 −123.12602 38 * 38.45531 −123.13469 39 * 38.76231 −123.52957 40 * 38.76941 −123.53541 41 * 38.91136 −123.71061 42 * 38.91766 −123.72568 43 * 38.95404 −123.73405 44 * 38.95944 −123.71820 45 * 39.00000 −123.69710 46 39.00000 −124.33350 Note: Appendix B to Subpart H of Part 922—No-Anchoring Seagrass Protection Zones in Tomales Bay Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. (1) No-Anchoring Seagrass Protection Zone 1 encompasses an area of approximately .11 square nautical miles (.15 square miles) offshore south of Millerton Point. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects points 1 and 2 listed in the coordinate table below. The southern boundary is a straight line arc that connects points 2 and 3, the western boundary is a straight line arc that connects points 3 and 4 and the northern boundary is a straight line arc that connects point 4 to point 5. Zone 1 Point Latitude Longitude 1 38.10571 −122.84565 2 38.09888 −122.83603 3 38.09878 −122.84431 4 38.10514 −122.84904 5 38.10571 −122.84565 (2) No-Anchoring Seagrass Protection Zone 2 encompasses an area of approximately .15 square nautical miles (.19 square miles) that begins just south of Marconi and extends approximately 1.6 nautical miles (1.9 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 5 towards point 6 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends to point 8. Zone 2 Point Latitude Longitude 1 38.13326 −122.87178 2 38.12724 −122.86488 3 38.12563 −122.86480 4 38.11899 −122.86731 5 38.11386 −122.85851 6 * 38.11608 −122.85813 7 * 38.14078 −122.87433 8 38.13326 −122.87178 Note: (3) No-Anchoring Seagrass Protection Zone 3 encompasses an area of approximately .01 square nautical miles (.02 square miles) that begins just south of Marshall and extends approximately .5 nautical miles (.6 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 2 towards point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 4 to point 5. From this intersection the northern boundary extends westward along the straight line arc that connects point 4 to point 5. Zone 3 Point Latitude Longitude 1 38.15956 −122.89573 2 38.15250 −122.89042 3 * 38.15292 −122.88984 4 * 38.16031 −122.89442 5 38.15956 −122.89573 Note: (4) No-Anchoring Seagrass Protection Zone 4 is an area of approximately .18 square nautical miles (.21 square miles) that begins just north of Nicks Cove and extends approximately 2.7 nautical miles (3.1 miles) south along the eastern shore of Tomales Bay to just south of Cypress Grove. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 8 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 8 towards point 9 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 10 to point 11. From this intersection the northern boundary extends westward along the straight line arc that connects point 10 to point 11. Zone 4 Point Latitude Longitude 1 38.20004 −122.92315 2 38.18881 −122.91740 3 38.18651 −122.91404 4 38.17919 −122.91021 5 38.17450 −122.90545 6 38.16869 −122.90475 7 38.16535 −122.90308 8 38.16227 −122.89650 9 * 38.16266 −122.89620 10 * 38.20080 −122.92174 11 38.20004 −122.92315 Note: (5) No-Anchoring Seagrass Protection Zone 5 encompasses an area of approximately 1.3 square nautical miles (1.6 square miles) that begins east of Lawson's Landing and extends approximately 2.7 nautical miles (3.1 miles) east and south along the eastern shore of Tomales Bay but excludes areas adjacent (approximately .32 nautical miles or .37 miles) to the mouth of Walker Creek. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 3 listed in the coordinate table below. From point 3 the southern boundary trends eastward along the straight line arc that connects point 3 to point 4 until it intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 5 to point 6. From this intersection the boundary extends westward along the straight line arc that connects point 5 to point 6. From point 6 the boundary follows the straight line arc that connects point 6 to point 7, and then extends along the straight line arc that connects point 7 to point 8 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line until it intersects the straight line arc that connects point 9 to point 10. From this intersection the boundary extends to point 10 along the straight line arc that connects point 9 to point 10. Zone 5 Point Latitude Longitude 1 38.21825 −122.96041 2 38.20666 −122.94397 3 38.19431 −122.93431 4 * 38.20080 −122.92174 5 * 38.20522 −122.92446 6 38.20366 −122.93246 7 38.20938 −122.94153 8 * 38.21599 −122.93742 9 * 38.23129 −122.96293 10 38.21825 −122.96041 Note: (6) No-Anchoring Seagrass Protection Zone 6 encompasses an area of approximately .01 square nautical miles (.02 square miles) in the vicinity of Indian Beach along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary extends westward along the straight line arc that connects point 2 to point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 3 to point 4. From this intersection the northern boundary extends eastward along the straight line arc that connects point 4 to point 5. Zone 6 Point Latitude Longitude 1 38.14103 −122.89537 2 38.13919 −122.89391 3 * 38.13804 −122.89610 4 * 38.14033 −122.89683 5 38.14103 −122.89537 Note: (7) No-Anchoring Seagrass Protection Zone 7 encompasses an area of approximately .09 square nautical miles (.12 square miles) that begins just south of Pebble Beach and extends approximately 1.6 nautical miles (1.9 miles) south along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary extends along the straight line arc that connects point 5 to point 6 until it intersects the Mean High Water Line. From this intersection the western boundary extends north along the Mean High Water Line until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends eastward along the straight line arc that connects point 7 to point 8. Zone 7 Point Latitude Longitude 1 38.13067 −122.88620 2 38.12362 −122.87984 3 38.11916 −122.87491 4 38.11486 −122.86896 5 38.11096 −122.86468 6 * 38.11027 −122.86551 7 * 38.13001 −122.88749 8 38.13067 −122.88620 Note: Appendix C to Subpart H of Part 922—Northern Extent of Tomales Bay For the purpose of § 922.82(a)(10)(ii), NOAA is codifying the northern geographical extent of Tomales Bay via a line running from Avalis Beach (Point 1) east to Sand Point (Point 2). Coordinates listed in this Appendix are unprojected (geographic) and based on the North American Datum of 1983. Point Latitude Longitude 1 38.23165 −122.98148 2 38.23165 −122.96955 Appendix D to Subpart H of Part 922—Special Wildlife Protection Zones Within the Sanctuary Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. (1) Special Wildlife Protection Zone 1 (SWPZ 1) encompasses an area of approximately 7.9 square nautical miles (10.5 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 1 extends south from Point 1, west of Haven's Neck in Mendocino County, to Point 2, west of Del Mar Point. The boundary then extends east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Mean High Water Line at Del Mar Point. The SWPZ 1 boundary then turns north to follow the Mean High Water Line towards Haven's Neck and continues until it intersects a straight line arc connecting Point 4 and Point 5. From this intersection the Sanctuary boundary continues west along its northernmost extent to Point 5. Zone 1 Point Latitude Longitude 1 38.80865 −123.63227 2 38.74096 −123.54306 3 * 38.74096 −123.51051 4 * 38.80865 −123.60195 5 38.80865 −123.63227 Note: (2) Special Wildlife Protection Zone 2 (SWPZ 2) encompasses an area of approximately 16.2 square nautical miles (21.4 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 2 extends south and east from Point 1, south of Windermere Point in Sonoma County, to Point 2 and then to Point 3 in sequence. Point 3 is west of Duncans Point in Sonoma County. The boundary then extends east from Point 3 along a straight line arc connecting Point 3 and Point 4 until it intersects the Mean High Water Line at Duncans Point. The boundary then turns north to follow the Mean High Water Line towards Windermere Point until it intersects a straight line arc connecting Point 5 and Point 6. From this intersection the boundary continues due south along a straight line arc to Point 6. Zone 2 Point Latitude Longitude 1 38.49854 −123.26804 2 38.45095 −123.18564 3 38.39311 −123.12068 4 * 38.39311 −123.09527 5 * 38.52487 −123.26804 6 38.49854 −123.26804 Note: (3) Special Wildlife Protection Zone 3 (SWPZ 3) encompasses an area of approximately 7 square nautical miles (9.3 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 3 extends south and east from Point 1, southwest of the Estero de San Antonio in Sonoma County, to Point 2, south of Tomales Point in Marin County. The boundary then extends north and east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the boundary of the Point Reyes National Seashore. From this intersection the SWPZ 3 boundary follows the Point Reyes National Seashore boundary around Tomales Point into Tomales Bay and continues until it again intersects the straight line arc that connects Point 2 and Point 3. From this intersection the SWPZ 3 boundary follows the straight line arc north and east toward Point 3 until it intersects the Mean High Water Line at Toms Point in Tomales Bay. The SWPZ 3 boundary then follows the Mean High Water Line northward towards the Estero de San Antonio until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the Sanctuary boundary continues south and west to Point 5. Zone 3 Point Latitude Longitude 1 38.24001 −123.02963 2 38.19249 −122.99523 3 * 38.21544 −122.95286 4 * 38.27011 −122.97840 5 38.24001 −123.02963 Note: (4) Special Wildlife Protection Zone 4 (SWPZ 4) encompasses an area of approximately 10.2 square nautical miles (13.5 square miles). The precise boundary coordinates are list in the table following this description. The western boundary of SWPZ 4 extends south and west from Point 1, west of Point Reyes in Marin County, to Point 2, south and west of Point Reyes Lighthouse. The boundary then follows a straight line arc east and south from Point 2 to Point 3. From Point 3 the boundary follows a straight line arc north to Point 4. From Point 4 the SWPZ 4 boundary proceeds west along the straight line arc that connects Point 4 and Point 5 until it intersects the Point Reyes National Seashore boundary north of Chimney Rock. The SWPZ 4 boundary then follows the Point Reyes National Seashore boundary around Point Reyes until it again intersects the straight line arc that connects Point 4 and Point 5 north of the Point Reyes Lighthouse. From this intersection the SWPZ 4 boundary turns seaward and continues west to Point 5. Zone 4 Point Latitude Longitude 1 38.01475 −123.05013 2 37.97536 −123.05482 3 37.96521 −122.93771 4 38.00555 −122.93504 5 38.01475 −123.05013 (5) Special Wildlife Protection Zone 5 (SWPZ 5) encompasses an area of approximately 14.8 square nautical miles (19.6 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 5 extends south and east from Point 1, near Millers Point in Marin County, to Point 2, which is south and west of Bolinas Point. The SWPZ 5 boundary then follows a straight line arc east from Point 2 towards Point 3 until it intersects the Mean High Water Line at Rocky Point. From this intersection, the SWPZ 5 boundary follows the Sanctuary boundary north to Bolinas Point and Millers Point, respectively, including Bolinas Lagoon but not including Seadrift Lagoon, until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the SWPZ 5 boundary turns seaward and continues west and south along the straight line arc to Point 5. Zone 5 Point Latitude Longitude 1 37.96579 −122.83284 2 37.88195 −122.73989 3 * 37.88195 −122.62873 4 * 37.98234 −122.81513 5 37.96579 −122.83284 Note: (6) Special Wildlife Protection Zone 6 (SWPZ 6) encompasses an area of approximately 6.8 square nautical miles (9 square miles) and extends from the Mean High Water Line seaward to the SWPZ 6 boundary. The precise boundary coordinates are listed in the table following this description. The boundary of SWPZ 6 extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 6 Point Latitude Longitude 1 37.72976 −123.00961 2 37.69697 −123.04374 3 37.66944 −123.00176 4 37.70246 −122.96608 5 37.72976 −123.00961 (7) Special Wildlife Protection Zone 7 (SWPZ 7) encompasses an area of approximately 6 square nautical miles (7.9 square miles) and extends from the Mean High Water Line seaward to the SWPZ 7 boundary. The precise boundary coordinates are listed in the table following this description. The boundary of SWPZ 7 extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 7 Point Latitude Longitude 1 37.79568 −123.10845 2 37.76746 −123.13869 3 37.73947 −123.09341 4 37.76687 −123.06330 5 37.79568 −123.10845 Appendix E to Subpart H of Part 922—Cargo Vessel Prohibition Zones in the Sanctuary Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. (1) Cargo Vessel Prohibition Zone 1 (CVPZ 1) is an area of approximately 20 square nautical miles (26 square miles) immediately offshore of Anchor Bay. The precise boundary coordinates are listed in the table following this description. The western boundary of extends south and east from Point 1, north and west of Haven's Neck, to Point 2, west and south of Del Mar Point. The CVPZ 1 boundary then extends east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Sanctuary boundary. The CVPZ 1 boundary then turns north to follow the Sanctuary boundary past Haven's Neck and continues until it intersects the straight line arc connecting Point 4 and Point 5. From this intersection the CVPZ 1 boundary continues west along its northernmost extent to Point 5. Zone 1 Point Latitude Longitude 1 38.82485 −123.68420 2 38.72330 −123.55145 3 * 38.72330 −123.47658 4 * 38.82485 −123.60953 5 38.82485 −123.68420 Note: (2) Cargo Vessel Prohibition Zone 2 (CVPZ 2) encompasses an area of approximately 30 square nautical miles (40 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 2 boundary extends south and east from Point 1, west of Windermere Point in Sonoma County, to Point 2 and then to Point 3 in sequence. Point 3 is west of Duncans Point in Sonoma County. The CVPZ 2 boundary then extends east from Point 3 along a straight line arc connecting Point 3 and Point 4 until it intersects the Sanctuary boundary south of Duncans Point. The CVPZ 2 boundary then turns north to follow the Sanctuary boundary past Windermere Point until it intersects the straight line arc connecting Point 5 and Point 6. From this intersection the CVPZ 2 boundary continues due south along this straight line arc to Point 6. Zone 2 Point Latitude Longitude 1 38.48995 −123.28994 2 38.43749 −123.19789 3 38.37614 −123.13153 4 * 38.37614 −123.07843 5 * 38.54099 −123.28994 6 38.48995 −123.28994 Note: (3) Cargo Vessel Prohibition Zone 3 (CVPZ 3) encompasses an area of approximately 17 square nautical miles (22 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 3 boundary extends south and east from Point 1, west of the Estero de San Antonio in Sonoma County, to Point 2, south of Tomales Point in Marin County. The CVPZ 3 boundary then extends north and east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Sanctuary boundary. From this intersection the CVPZ 3 boundary follows the Sanctuary boundary around Tomales Point into Tomales Bay and continues until it again intersects the straight line arc that connects Point 2 and Point 3. From this intersection the CVPZ 3 boundary follows the straight line arc north and east across Tomales Bay until it intersects the Sanctuary boundary south of Toms Point in Tomales Bay. The CVPZ 3 boundary then follows the Sanctuary boundary northward past the Estero de San Antonio until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the boundary continues south and west to Point 5. Zone 3 Point Latitude Longitude 1 38.24496 −123.05698 2 38.16758 −123.00179 3 * 38.21170 −122.92566 4 * 38.28215 −122.99278 5 38.24496 −123.05698 Note: (4) Cargo Vessel Prohibition Zone 4 (CVPZ 4) encompasses an area of approximately 28 square nautical miles (37 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 4 boundary extends south and west from Point 1, west and north of Point Reyes in Marin County, to Point 2, south and west of Point Reyes Lighthouse. The CVPZ 4 boundary then follows a straight line arc east and south from Point 2 to Point 3. From Point 3 the CVPZ 4 boundary follows a straight line arc north to Point 4. From Point 4 the CVPZ 4 boundary proceeds west along the straight line arc that connects Point 4 and Point 5 until it intersects the Sanctuary boundary at Drakes Beach. The CVPZ 4 boundary then follows the Sanctuary boundary around Point Reyes until it again intersects the straight line arc that connects Point 4 and Point 5, north of the Point Reyes Lighthouse. From this intersection the CVPZ 4 boundary turns seaward and continues west to Point 5 along this arc. Zone 4 Point Latitude Longitude 1 38.03311 −123.06923 2 37.96053 −123.07801 3 37.94655 −122.91781 4 38.02026 −122.91261 5 38.03311 −123.06923 (5) Cargo Vessel Prohibition Zone 5 (CVPZ 5) encompasses an area of approximately 29 square nautical miles (39 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 5 boundary extends south and east from Point 1, west of Millers Point in Marin County, to Point 2, south and west of Bolinas Point. The CVPZ 5 boundary then follows a straight line arc east from Point 2 towards Point 3 until it intersects the Sanctuary boundary. From this intersection, the CVPZ 5 boundary follows the Sanctuary boundary north towards Rocky Point and continues along the Sanctuary boundary past Bolinas Point and Millers Point, respectively, including Bolinas Lagoon but not including Seadrift Lagoon, until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the CVPZ 5 boundary turns seaward and continues west and south along the straight line arc to Point 5. Zone 5 Point Latitude Longitude 1 37.96598 −122.85997 2 37.86532 −122.74797 3 * 37.86532 −122.63720 4 * 37.99449 −122.82841 5 37.96598 −122.85997 Note: (6) Cargo Vessel Prohibition Zone 6 (CVPZ 6) encompasses an area of approximately 21 square nautical miles (28 square miles) surrounding Southeast Farallon Island and extends from the Mean High Water Line to the CVPZ 6 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 6 Point Latitude Longitude 1 37.75264 −123.01175 2 37.69461 −123.07333 3 37.64621 −122.99867 4 37.70538 −122.93567 5 37.75264 −123.01175 (7) Cargo Vessel Prohibition Zone 7 (CVPZ 7) encompasses an area of approximately 20 square nautical miles (26 square miles) surrounding the North Farallon Islands and extends from the Mean High Water Line to the CVPZ 7 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 7 Point Latitude Longitude 1 37.81914 −123.11155 2 37.76497 −123.16939 3 37.71623 −123.09089 4 37.76872 −123.03359 5 37.81914 −123.11155 Appendix F to Subpart H of Part 922—White Shark Approach Prohibition Zones in the Sanctuary Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. (1) White Shark Approach Prohibition Zone 1 (WSAPZ 1) encompasses an area of approximately 21 square nautical miles (28 square miles) surrounding Southeast Farallon Island and extends from the Mean High Water Line to the WSAPZ 1 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 1 Point Latitude Longitude 1 37.75264 −123.01175 2 37.69461 −123.07333 3 37.64621 −122.99867 4 37.70538 −122.93567 5 37.75264 −123.01175 (2) White Shark Approach Prohibition Zone 2 (WSAPZ 2) encompasses an area of approximately 20 square nautical miles (26 square miles) surrounding the North Farallon Islands and extends from the Mean High Water Line to the WSAPZ 2 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5. Zone 2 Point Latitude Longitude 1 37.81914 −123.11155 2 37.76497 −123.16939 3 37.71623 −123.09089 4 37.76872 −123.03359 5 37.81914 −123.11155 Appendix G to Subpart H of Part 922—Designated Area for Certain United States Coast Guard Discharges Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). The portion of the Greater Farallones National Marine Sanctuary area [2015 expansion area] where the exception for discharges from United States Coast Guard activities applies is defined as follows. Beginning with Point 1 identified in the coordinate table in this appendix, the boundary extends from Point 1 to Point 2 in a straight line arc, and continues from Point 2 to Point 3 in a straight line arc, and from Point 3 to Point 4 in a straight line arc. From Point 4 the boundary extends east and north along a straight line arc towards Point 5 until it intersects the fixed offshore boundary between the United States and California (approximately 3 NM seaward of the coast as defined in United States California, Point No. Latitude Longitude 1 39.00000 −124.33350 2 38.29989 −123.99988 3 38.29989 −123.20005 4 38.26390 −123.18138 5 1 38.29896 −123.05989 6 1 39.00000 −123.75777 7 39.00000 −124.33350 1 [83 FR 55966, Nov. 9, 2018] Subpart I—Gray's Reef National Marine Sanctuary Source: 71 FR 60063, Oct. 12, 2006, unless otherwise noted. § 922.90 Boundary. The Gray's Reef National Marine Sanctuary (Sanctuary) consists of approximately 16.68 square nautical miles (nmi 2 Table 1 to § 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 [88 FR 966, Jan. 6, 2023] § 922.91 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Handline Rod and reel Stowed and not available for immediate use [80 FR 13108, Mar. 12, 2015, as amended at 88 FR 966, Jan. 6, 2023] § 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 §§ 922.93 and 922.94, the following activities are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Dredging, drilling into, or otherwise altering in any way the submerged lands of the Sanctuary (including bottom formations). (2) Constructing any structure other than a navigation aid, or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands of the Sanctuary except weighted marker buoys that are continuously tended and used during otherwise lawful fishing or diving activities and that are not attached to a vessel and not capable of holding a boat at anchor. Weights used with a marker buoy shall not have a combined weight of more than 10 pounds, shall be attached with not greater than one-fourth inch ( 1/4 (3) Discharging or depositing any material or other matter except: (i) Fish or fish parts, bait, or chumming materials; (ii) Effluent from marine sanitation devices; and (iii) Vessel cooling water. (4) Operating a watercraft other than in accordance with the Federal rules and regulations that would apply if there were no Sanctuary. (5)(i) Injuring, catching, harvesting, or collecting, or attempting to injure, catch, harvest, or collect, any marine organism, or any part thereof, living or dead, within the Sanctuary by any means except by use of rod and reel, and handline gear; (ii) There shall be a rebuttable presumption that any marine organism or part thereof referenced in this paragraph found in the possession of a person within the Sanctuary has been collected from the Sanctuary. (6) Using any fishing gear within the Sanctuary except rod and reel, and handline gear, or for law enforcement purposes. (7) Using underwater any explosives, or devices that produce electric charges underwater. (8) Breaking, cutting, damaging, taking, or removing any bottom formation. (9) Moving, removing, damaging, or possessing, or attempting to move, remove, damage, or possess, any Sanctuary historical resource. (10) Anchoring, or attempting to anchor, any vessel in the Sanctuary, except as provided in paragraph (d) of this section when responding to an emergency threatening life, property, or the environment. (11) Possessing or carrying any fishing gear within the Sanctuary except: (i) Rod and reel, and handline gear; (ii) Fishing gear other than rod and reel, handline gear, and spearfishing gear, provided that it is stowed on a vessel and not available for immediate use; (iii) Spearfishing gear provided that it is stowed on a vessel, not available for immediate use, and the vessel is passing through the Sanctuary without interruption; and (iv) For law enforcement purposes. (b) All activities currently carried out by the Department of Defense within the Sanctuary are essential for the national defense and, therefore, not subject to the prohibitions in this section and §922.94. The exemption of additional activities having significant impacts shall be determined in consultation between the Director and the Department of Defense. (c) The prohibitions in this section and in § 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 § 922.93. (d) The prohibitions in this section and in § 922.94 do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment. [76 FR 63832, Oct. 14, 2011, as amended at 79 FR 41881, July 18, 2014; 88 FR 966, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023] § 922.93 Permit procedures and criteria. (a) A person may conduct an activity otherwise prohibited by § 922.92(a)(1) through (11) and § 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. [88 FR 966, Jan. 6, 2023] § 922.94 Prohibited or otherwise regulated activities—Research area. In addition to the prohibitions set out in § 922.92, which apply throughout the Sanctuary, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the research area described in appendix A to this subpart. (a)(1) Injuring, catching, harvesting, or collecting, or attempting to injure, catch, harvest, or collect, any marine organism, or any part thereof, living or dead. (2) There shall be a rebuttable presumption that any marine organism or part thereof referenced in this paragraph found in the possession of a person within the research area has been collected from the research area. (b) Using any fishing gear, or possessing, or carrying any fishing gear unless such gear is stowed and not available for immediate use while on board a vessel transiting through the research area without interruption or for valid law enforcement purposes. (c) Diving. (d) Stopping a vessel in the research area. [76 FR 63832, Oct. 14, 2011] Appendix A to Subpart I of Part 922—Boundary Coordinates for the Gray's Reef National Marine Sanctuary Research Area [Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.] The research area boundary is defined by the coordinates provided in Table 1 and the following textual description. The research area boundary extends from Point 1, the southwest corner of the sanctuary, to Point 2 along a straight line following the western boundary of the Sanctuary. It then extends along a straight line from Point 2 to Point 3, which is on the eastern boundary of GRNMS. The boundary then follows the eastern boundary line of the sanctuary southward until it intersects the line of the southern boundary of GRNMS at Point 4, the southeastern corner of the sanctuary. The last straight line is defined by connecting Point 4 and Point 5, along the southern boundary of the GRNMS. Table 1—Coordinates for the Research Area Point ID Latitude Longitude 1 N 31.362732 W 80.921200 2 N 31.384444 W 80.921200 3 N 31.384444 W 80.828145 4 N 31.362732 W 80.828145 5 N 31.362732 W 80.921200 [76 FR 63832, Oct. 14, 2011] Subpart J—National Marine Sanctuary of American Samoa Source: 77 FR 43962, July 26, 2012, unless otherwise noted. § 922.100 Scope of regulations. The provisions of this subpart J apply only to the waters of the United States and the Territory of American Samoa that are located within the boundary of the National Marine Sanctuary of American Samoa (Sanctuary). Neither the provisions of this subpart J nor any permit issued under its authority shall be construed to relieve a person from any other requirements imposed by statute or regulation of the Territory of American Samoa or of the United States. In addition, no statute or regulation of the Territory of American Samoa shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this subpart J. § 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 (a) Fagatele Bay Unit. (b) Fagalua/Fogama'a Unit. (c) Aunu'u Unit. (1) Zone A. (2) Zone B. (d) Swains Island Unit. (e) Muliāva Unit. (f) Ta'u Unit. [77 FR 43962, July 26, 2012, as amended at 80 FR 79683, Dec. 23, 2015; 88 FR 966, Jan. 6, 2023] § 922.102 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Live rock Stowed and not available for immediate use [77 FR 43962, July 26, 2012, as amended at 88 FR 966, Jan. 6, 2023] § 922.103 Prohibited or otherwise regulated activities—Sanctuary-wide. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Introducing or releasing introduced species from within or into the sanctuary. (2) Anchoring a vessel. (3) Deserting a vessel aground, adrift, or at anchor. (4) Leaving harmful matter on an abandoned or deserted vessel or structure. (5) Operating a vessel at a speed exceeding three knots when closer than 200 feet (60.96 meters) of another vessel displaying a dive flag. (6) Operating a vessel in a manner which causes the vessel to strike or otherwise cause damage to Sanctuary resources. (7) Diving, snorkeling, or conducting diving or snorkeling operations from a vessel not in compliance with applicable U.S. Coast Guard navigation rules governing the display of lights and signals, and not flying in a conspicuous manner the international code flag alpha “A” or the standard red-and-white U.S. “diver down” flag. (8) Discharging, or depositing from within or into the Sanctuary, any material or other matter, except clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, anchor wash, or vessel engine or generator exhaust. (9) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed in paragraph (a)(8) of this section and § 922.105(c). (10) Sand mining, dredging, filling, dynamiting, or otherwise disturbing or altering the seabed. (11) Removing, damaging, or tampering with any historical or cultural resource. (12) Taking any marine mammal, sea turtle, or seabird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (13) Using or discharging explosives or weapons of any description. Distress signaling devices, necessary and proper for safe vessel operation, and knives generally used by fishermen and swimmers shall not be considered weapons for purposes of this section. (14) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, or other boundary markers related to the Sanctuary. (15) Abandoning a structure, material, or other matter on or in the submerged lands of the Sanctuary. (b) The prohibitions in paragraphs (a)(1) through (15) of this section, §§ 922.104, and 922.105 do not apply to any activity necessary for national defense. (c) The prohibitions in paragraphs (a)(2) through (15) of this section, §§ 922.104, and 922.105 do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment. (d) The prohibitions in paragraphs (a)(2) through (15) of this section, §§ 922.104, and 922.105 do not apply to any activity necessary for valid law enforcement purposes in the Sanctuary. (e) The prohibitions in paragraphs (a)(2) through (15) of this section and §§ 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 § 922.107. [77 FR 43962, July 26, 2012, as amended at 88 FR 966, Jan. 6, 2023] § 922.104 Prohibited or otherwise regulated activities—Sanctuary-wide except in the Muliāva Unit. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within any unit of the Sanctuary except the Muliāva Unit: (1) Gathering, taking, breaking, cutting, damaging, destroying, or possessing any giant clam [ Tridacna spp. (2) Possessing or using poisons, electrical charges, explosives, or similar environmentally destructive methods of fishing or harvesting. (3) Possessing or using spearguns, including such devices known as Hawaiian slings, pole spears, arbalettes, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar taking device while utilizing SCUBA equipment. (4) Possessing or using a seine, trammel, drift gill net, or any type of fixed net. (5) Disturbing the benthic community by bottom trawling. (b) There shall be a rebuttable presumption that any items listed in paragraph (a) of this section found in the possession of a person within the Sanctuary have been used, collected, or removed within or from the Sanctuary. § 922.105 Prohibited or otherwise regulated activities—Unit-specific. In addition to the prohibitions set forth in §§ 922.103 and 922.104, the following regulations apply to activities conducted within specified Sanctuary units described in the appendix to this subpart. (a) The following activities are prohibited in the Fagatele Bay Unit: (1) Harvesting, catching, removing, taking, injuring, destroying, collecting, moving, possessing or causing the loss of any Sanctuary resource, including but not limited to fishing, or attempting any of these activities. (2) Possessing fishing gear unless such gear is stowed and not available for immediate use. (b) The following activities are prohibited in the Aunu'u Unit: (1) In Zone A: Fishing from a vessel without providing notification to the Sanctuary Superintendent or his/her designee in the village of Aunu'u prior to each fishing trip. (2) In Zone B: (i) Fishing for bottom-dwelling species or otherwise harvesting, catching, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any bottom-dwelling species, or attempting any of these activities. Surface fishing for pelagic species, including trolling, is allowed. (ii) Disturbing the benthic community. (iii) Possessing any Sanctuary resource, except legally harvested fish on board a vessel. (c) In the Muliāva Unit: (1) The prohibitions in paragraphs (a)(2) through (7) and (a)(9) through (15) of § 922.103 do not apply to scientific exploration or research activities conducted by or for the Department of Commerce or the Department of the Interior. (2) Notwithstanding the prohibition in § 922.103(a)(8), the following vessels may discharge treated waste from a U.S. Coast Guard approved Type I, II, or III Marine Sanitation device 12 nautical miles seaward of the Rose Atoll National Wildlife Refuge: (i) Vessels engaged in scientific exploration or research activities conducted by or for the Department of Commerce or the Department of the Interior; or (ii) All other vessels engaged in scientific exploration or research activities, if authorized under a permit issued in consultation with the U.S. Fish and Wildlife Service and in accordance with §§ 922.48 and 922.107. § 922.106 Management and enforcement. The National Oceanic and Atmospheric Administration (NOAA) has primary responsibility for the management of the Sanctuary pursuant to the Act. The American Samoa Department of Commerce (ASDOC) will assist NOAA in the administration of the Sanctuary, and act as the lead territorial agency, in conformance with the terms of designation, these regulations, and the terms and provisions of any grant or cooperative agreement. § 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 §§ 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. [88 FR 966, Jan. 6, 2023] Appendix to Subpart J of Part 922—American Samoa National Marine Sanctuary Boundary Coordinates [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.] (a) Fagatele Bay No coordinates are needed in addition to those described in § 922.101(a). (b) Fagalua/Fogama'a No coordinates are needed in addition to those described in § 922.101(b). (c) Aunu'u (Zones A, B) The Aunu'u Unit is comprised of two adjacent zones, described in § 922.101(c), for which the point coordinates are provided in following tables 1 and 2. Table 1—Coordinates for the Aunu'u Unit, Zone A Point ID Latitude Longitude 1 −14.286 −170.577 2 −14.304 −170.577 3 −14.302 −170.566 4 −14.286 −170.533 5 −14.286 −170.546 6 −14.286 −170.562 7 −14.286 −170.577 Table 2—Coordinates for the Aunu'u Unit, Zone B Point ID Latitude Longitude 1 −14.270 −170.496 2 −14.286 −170.496 3 −14.286 −170.546 4 −14.280 −170.550 5 −14.270 −170.550 6 −14.270 −170.496 (d) Swains Island The Swains Island Unit boundary is defined by the coordinates provided in Table 3 and the textual description in § 922.101(d). Table 3—Coordinates for the Swains Island Unit Point ID Latitude Longitude 1 −11.11457 −171.06870 2 −11.11565 −171.07980 3 −11.11422 −171.09248 4 −11.11005 −171.10445 5 −11.10388 −171.11445 6 −11.09533 −171.12392 7 −11.08375 −171.13272 8 −11.07268 −171.13775 9 −11.06112 −171.14042 10 −11.04880 −171.14067 11 −11.03618 −171.13800 12 −11.02673 −171.13367 13 −11.01853 −171.12773 14 −11.01010 −171.11828 15 −11.00402 −171.10710 16 −11.00083 −171.09728 17 −10.99817 −171.08305 18 −10.99783 −171.06825 19 −10.99983 −171.05732 20 −11.00373 −171.04790 21 −11.00955 −171.03862 22 −11.01752 −171.02985 23 −11.02703 −171.02290 24 −11.03763 −171.01805 25 −11.04812 −171.01558 26 −11.05860 −171.01527 27 −11.06860 −171.01695 28 −11.07957 −171.02133 29 −11.08850 −171.02727 30 −11.09637 −171.03502 31 −11.10637 −171.04840 32 −11.11122 −171.05753 33 −11.11457 −171.06870 34 −11.05188 −171.08921 35 −11.04856 −171.09269 36 −11.05487 −171.09445 37 −11.06024 −171.09283 38 −11.05848 −171.08824 39 −11.06369 −171.07618 40 −11.06741 −171.07364 41 −11.06217 −171.06622 42 −11.05836 −171.06879 (e) Muliāva The Muliāva Unit boundary is defined by the coordinates provided in Table 4 and the textual description in § 922.101(e). Table 4—Coordinates for the Muliāva Unit Point ID Latitude Longitude 1 −15.387 −169.012 2 −14.271 −169.012 3 −14.271 −169.121 4 −14.150 −169.121 5 −14.150 −169.012 6 −13.698 −169.012 7 −13.698 −167.283 8 −15.387 −167.283 9 −15.387 −169.012 (f) Ta'u Unit The Ta'u Unit boundary is defined by the coordinates provided in Table 5 and the textual description in § 922.101(f). Table 5—Coordinates for the Ta'u Unit Point ID Latitude Longitude 1 −14.24889 −169.503056 2 −14.273056 −169.488056 3 −14.277222 −169.488056 4 −14.261111 −169.429167 5 −14.293889 −169.429167 6 −14.293889 −169.519722 7 −14.24889 −169.519722 8 −14.24889 −169.503056 [80 FR 79683, Dec. 23, 2015] Subpart K—Cordell Bank National Marine Sanctuary Source: 80 FR 13115, Mar. 12, 2015, unless otherwise noted. § 922.110 Boundary. The Cordell Bank National Marine Sanctuary (Sanctuary) boundary encompasses a total area of approximately 971 square nautical miles (nmi 2 [80 FR 13115, Mar. 12, 2015, as amended at 80 FR 34048, June 15, 2015; 88 FR 966, Jan. 6, 2023] § 922.111 [Reserved] § 922.112 Prohibited or otherwise regulated activities. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary: (1) Exploring for, developing, or producing oil, gas, or minerals. (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within the Sanctuary; (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use and generated by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (D) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (E) Vessel engine or generator exhaust; or (F) For a United States Coast Guard vessel without sufficient holding tank capacity and without a Type I or II marine sanitation device, and operating within the designated area [2015 expansion area] defined in appendix C of this subpart, sewage and non-clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use, and ammunition, pyrotechnics or other materials directly related to search and rescue and live ammunition training activities conducted by United States Coast Guard vessels and aircraft in the designated areas defined in appendix C of this subpart. (ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash. (iii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except as listed in paragraphs (a)(2)(i) and (ii) of this section. (3) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, removing, taking, or injuring or attempting to remove, take, or injure benthic invertebrates or algae located on Cordell Bank. This prohibition does not apply to use of bottom contact gear used during fishing activities, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). The coordinates for the line representing the 50-fathom isobath are listed in appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15. There is a rebuttable presumption that any such resource found in the possession of a person within the Sanctuary was taken or removed by that person. (4)(i) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material or other matter on or in the submerged lands. This prohibition does not apply to use of bottom contact gear used during fishing activities, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). The coordinates for the line representing the 50-fathom isobath are listed in appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15. (ii) In the Sanctuary beyond the line representing the 50-fathom isobath surrounding Cordell Bank, drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material or matter on the submerged lands except as incidental and necessary for anchoring any vessel or lawful use of any fishing gear during normal fishing activities. The coordinates for the line representing the 50-fathom isobath are listed in Appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15. (5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (6) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine mammal, sea turtle or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes. (7) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a Sanctuary historical resource. (8) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass ( Morone saxatilis (9) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an emergency threatening life, property or the environment, or except as may be permitted by the Director in accordance with subpart D of this part and § 922.113. (c) All activities being carried out by the Department of Defense (DOD) within the Sanctuary on the effective date of designation or expansion of the Sanctuary that are necessary for national defense are exempt from the prohibitions contained in the regulations in this subpart. Additional DOD activities initiated after the effective date of designation or expansion that are necessary for national defense will be exempted by the Director after consultation between the Department of Commerce and DOD. DOD activities not necessary for national defense, such as routine exercises and vessel operations, are subject to all prohibitions contained in the regulations in this subpart. (d) The prohibitions in paragraphs (a)(2) 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 § 922.113, or a special use permit issued pursuant to subpart D of this part. (e) Where necessary to prevent immediate, serious, and irreversible damage to a Sanctuary resource, any activity may be regulated within the limits of the Act on an emergency basis for no more than 120 days. [80 FR 13115, Mar. 12, 2015, as amended at 83 FR 55967, Nov. 9, 2018; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] § 922.113 Permit procedures and issuance criteria. (a) A person may conduct an activity otherwise prohibited by § 922.112(a)(2) through (7) if the activity is specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950. [88 FR 19827, Apr. 4, 2023] Appendix A to Subpart K of Part 922—Cordell Bank National Marine Sanctuary Boundary Coordinates Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). Sanctuary Boundary Coordinates Point Latitude Longitude 1 38.29989 −123.20005 2 38.29989 −123.99988 3 37.76687 −123.75143 4 37.76687 −123.42694 5 37.83480 −123.42579 6 37.90464 −123.38958 7 37.95880 −123.32312 8 37.98947 −123.23615 9 37.99227 −123.14137 10 38.05202 −123.12827 11 38.06505 −123.11711 12 38.07898 −123.10924 13 38.09069 −123.10387 14 38.10215 −123.09804 15 38.12829 −123.08742 16 38.14072 −123.08237 17 38.16576 −123.09207 18 38.21001 −123.11913 19 38.26390 −123.18138 20 38.29989 −123.20005 Appendix B to Subpart K of Part 922—Line Representing the 50-Fathom Isobath Surrounding Cordell Bank Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). Cordell Bank Fifty Fathom Line Coordinates Point Latitude Longitude 1 37.96034 −123.40371 2 37.96172 −123.42081 3 37.9911 −123.44379 4 38.00406 −123.46443 5 38.01637 −123.46076 6 38.04684 −123.47920 7 38.07106 −123.48754 8 38.07588 −123.47195 9 38.06451 −123.46146 10 38.07123 −123.44467 11 38.04446 −123.40286 12 38.01442 −123.38588 13 37.98859 −123.37533 14 37.97071 −123.38605 15 37.96034 −123.40371 Appendix C to Subpart K of Part 922—Designated Area for Certain United States Coast Guard Discharges Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). The portion of the Cordell Bank National Marine Sanctuary area [2015 expansion area] where the exception for discharges from United States Coast Guard activities applies is defined as follows. Beginning with Point 1, identified in the coordinate table in this appendix, the boundary extends from Point 1 to Point 2 in a straight line arc and continues in numerical order through each subsequent point to Point 38. From Point 38 the boundary extends west along the northern boundary of Cordell Bank National Marine Sanctuary to Point 39 where it ends. Point No. Latitude Longitude 1 38.29989 −123.99988 2 37.76687 −123.75143 3 37.76716 −123.42758 4 37.77033 −123.43466 5 37.78109 −123.44694 6 37.78383 −123.45466 7 37.79487 −123.46721 8 37.80094 −123.47313 9 37.81026 −123.46897 10 37.81365 −123.47906 11 37.82296 −123.49280 12 37.84988 −123.51749 13 37.86189 −123.52197 14 37.87637 −123.52192 15 37.88541 −123.52967 16 37.90725 −123.53937 17 37.92288 −123.54360 18 37.93858 −123.54701 19 37.94901 −123.54777 20 37.95528 −123.56199 21 37.96683 −123.57859 22 37.97761 −123.58746 23 37.98678 −123.59988 24 37.99847 −123.61331 25 38.01366 −123.62494 26 38.01987 −123.62450 27 38.02286 −123.61531 28 38.02419 −123.59864 29 38.03409 −123.59904 30 38.04614 −123.60611 31 38.05308 −123.60549 32 38.06188 −123.61546 33 38.07451 −123.62162 34 38.08289 −123.62065 35 38.11256 −123.63344 36 38.13219 −123.64265 37 38.26390 −123.18138 38 38.29989 −123.20005 39 38.29989 −123.99988 [83 FR 55967, Nov. 9, 2018] Subpart L—Flower Garden Banks National Marine Sanctuary § 922.120 Boundary. The Flower Garden Banks National Marine Sanctuary (sanctuary) boundary encompasses a total area of approximately 121 square nautical miles (160.35 square miles) of offshore ocean waters, and submerged lands thereunder, along the continental shelf and shelf edge in the northwestern Gulf of America. The entire sanctuary boundary is comprised of 19 unique polygons. The precise boundary coordinates for each polygon are listed in appendix A to this subpart. [86 FR 4953, Jan. 19, 2021, as amended at 90 FR 38002, Aug. 7, 2025] § 922.121 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: As used in this subpart: Disturb or disturbing a ray or whale shark Harmful matter No-activity zone i.e. 1/4 1/4 1/4 [77 FR 25068, Apr. 27, 2012, as amended at 86 FR 4953, Jan. 19, 2021; 88 FR 967, Jan. 6, 2023; 90 FR 38002, Aug. 7, 2025] § 922.122 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (c) through (h) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing, or producing oil, gas, or minerals except outside of all no-activity zones and provided all drilling cuttings and drilling fluids are shunted to the seabed through a downpipe that terminates an appropriate distance, but no more than ten meters, from the seabed. (2)(i) Anchoring any vessel within the Sanctuary. (ii) Mooring any vessel within the Sanctuary, except that vessels 100 feet (30.48 meters) or less in registered length may moor to a Sanctuary mooring buoy. (iii) Mooring a vessel in the Sanctuary without clearly displaying the blue and white International Code flag “A” (“alpha” dive flag) or the red and white “sports diver” flag whenever a SCUBA diver from that vessel is in the water and removing the “alpha” dive flag or “sports diver” flag after all SCUBA divers exit the water and return back on board the vessel, consistent with U.S. Coast Guard guidelines relating to sports diving as contained within “Special Notice to Mariners” (00-208) for the Gulf of America. (3)(i) Discharging or depositing from within or into the Sanctuary any material or other matter except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from fishing with conventional hook and line gear in the Sanctuary, provided that such discharge or deposit occurs during the conduct of such fishing within the Sanctuary; (B) Clean effluent generated incidental to vessel use by an operable Type I or Type II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (D) Engine exhaust; (E) In areas of the Sanctuary outside the no-activity zones, drilling cuttings and drilling fluids necessarily discharged incidental to the exploration for, development of, or production of oil or gas in those areas and in accordance with the shunting requirements of paragraph (a)(1) of this section unless such discharge injures a Sanctuary resource or quality. (ii) Discharging or depositing, from beyond the boundaries of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(3)(i)(A) through (D) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (4) Drilling into, dredging, or otherwise altering the seabed of the Sanctuary (except as allowed under paragraph (c) of this section); or constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary. (5) Injuring or removing, or attempting to injure or remove, any coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota, or carbonate rock within the Sanctuary. (6) Taking any marine mammal or turtle within the Sanctuary, except as permitted by regulations, as amended, promulgated under the Marine Mammal Protection Act, as amended, 16 U.S.C. 1361 et seq., et seq. (7) Killing, injuring, attracting, touching, or disturbing a ray or whale shark in the Sanctuary. Notwithstanding the above, the incidental and unintentional injury to a ray or whale shark as a result of fishing with conventional hook and line gear is exempted from this prohibition. (8) 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. (9) Possessing within the Sanctuary (regardless of where collected, caught, harvested or removed), except for valid law enforcement purposes, any carbonate rock, coral or other bottom formation, coralline algae or other plant, marine invertebrate, brine-seep biota, or fish (except for fish caught by use of conventional hook and line gear). (10) Possessing or using within the Sanctuary, except possessing while passing without interruption through it or for valid law enforcement purposes, any fishing gear, device, equipment or means except conventional hook and line gear. (11) Possessing, except for valid law enforcement purposes, or using explosives or releasing electrical charges within the Sanctuary. (b) [Reserved] (c) The prohibitions in paragraphs (a)(2)(i), (a)(4), and (a)(11) of this section do not apply to necessary activities conducted in areas of the Sanctuary outside the no-activity zones and incidental to exploration for, development of, or production of oil or gas in those areas. (d) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment. (e)(1) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to activities being carried out by the Department of Defense as of March 22, 2021, the effective date of the revised terms of sanctuary designation. Such activities shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources or qualities. The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to any new activities carried out by the Department of Defense that do not have the potential for any significant adverse impact on Sanctuary resources or qualities. Such activities shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources or qualities. New activities with the potential for significant adverse impact on Sanctuary resources or qualities may be exempted from the prohibitions in paragraphs (a)(2) through (11) of this section by the Director after consultation between the Director and the Department of Defense. If it is determined that an activity may be carried out, such activity shall be carried out in a manner that minimizes any adverse impact on Sanctuary resources or qualities. (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings, caused by a component of the Department of Defense, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (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 § 922.123 or a special use permit issued pursuant to subpart D of this part. (g) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to any activity authorized by any lease, permit, license, approval or other authorization issued after January 18, 1994, provided that the applicant complies with § 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. (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 § 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. [77 FR 25069, Apr. 27, 2012, as amended at 86 FR 4954, Jan. 19, 2021; 86 FR 15404, Mar. 23, 2021; 88 FR 967, Jan. 6, 2023; 88 FR 9393, Feb. 14, 2023; 88 FR 19827, Apr. 4, 2023; 90 FR 38002, Aug. 7, 2025] § 922.123 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.122(a)(2) through (11) if such activity is specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building 216, Galveston, TX 77551. [88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] Appendix A to Subpart L of Part 922—Flower Garden Banks National Marine Sanctuary Boundary Coordinates Flower Garden Banks National Marine Sanctuary Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). Point ID No. Polygon ID No. Bank(s) Latitude Longitude 1 1 Stetson Bank 28.15673 −94.29673 2 1 Stetson Bank 28.15661 −94.30312 3 1 Stetson Bank 28.15862 −94.30888 4 1 Stetson Bank 28.16950 −94.30839 5 1 Stetson Bank 28.17386 −94.30257 6 1 Stetson Bank 28.17583 −94.29445 7 1 Stetson Bank 28.17543 −94.29327 8 1 Stetson Bank 28.17284 −94.28952 9 1 Stetson Bank 28.16924 −94.28677 10 1 Stetson Bank 28.16428 −94.28681 11 1 Stetson Bank 28.16274 −94.28756 12 1 Stetson Bank 28.15796 −94.29047 13 1 Stetson Bank 28.15673 −94.29673 1 2 West Flower Garden Bank 27.84363 −93.78549 2 2 West Flower Garden Bank 27.81750 −93.81056 3 2 West Flower Garden Bank 27.81752 −93.84752 4 2 West Flower Garden Bank 27.83069 −93.86271 5 2 West Flower Garden Bank 27.81735 −93.87490 6 2 West Flower Garden Bank 27.83220 −93.89185 7 2 West Flower Garden Bank 27.85854 −93.89369 8 2 West Flower Garden Bank 27.87925 −93.87853 9 2 West Flower Garden Bank 27.92626 −93.82011 10 2 West Flower Garden Bank 27.92620 −93.81759 11 2 West Flower Garden Bank 27.91801 −93.80801 12 2 West Flower Garden Bank 27.90969 −93.77939 13 2 West Flower Garden Bank 27.88644 −93.77939 14 2 West Flower Garden Bank 27.84363 −93.78549 1 3 Horseshoe Bank 27.82317 −93.62789 2 3 Horseshoe Bank 27.80927 −93.63578 3 3 Horseshoe Bank 27.80568 −93.65541 4 3 Horseshoe Bank 27.79429 −93.66555 5 3 Horseshoe Bank 27.78357 −93.68846 6 3 Horseshoe Bank 27.79640 −93.70534 7 3 Horseshoe Bank 27.81855 −93.75198 8 3 Horseshoe Bank 27.82742 −93.74743 9 3 Horseshoe Bank 27.81868 −93.68868 10 3 Horseshoe Bank 27.83143 −93.68941 11 3 Horseshoe Bank 27.84699 −93.70079 12 3 Horseshoe Bank 27.87165 −93.73947 13 3 Horseshoe Bank 27.88602 −93.73294 14 3 Horseshoe Bank 27.87252 −93.64648 15 3 Horseshoe Bank 27.85861 −93.63908 16 3 Horseshoe Bank 27.82317 −93.62789 1 4 East Flower Garden Bank 27.89455 −93.57040 2 4 East Flower Garden Bank 27.87999 −93.61309 3 4 East Flower Garden Bank 27.88003 −93.62961 4 4 East Flower Garden Bank 27.89330 −93.64172 5 4 East Flower Garden Bank 27.92101 −93.64747 6 4 East Flower Garden Bank 27.95899 −93.64490 7 4 East Flower Garden Bank 27.97485 −93.63086 8 4 East Flower Garden Bank 27.98177 −93.60996 9 4 East Flower Garden Bank 27.98554 −93.58188 10 4 East Flower Garden Bank 27.95206 −93.57810 11 4 East Flower Garden Bank 27.92151 −93.56880 12 4 East Flower Garden Bank 27.89455 −93.57040 1 5 MacNeil Bank 28.00226 −93.51550 2 5 MacNeil Bank 27.99707 −93.52669 3 5 MacNeil Bank 28.00136 −93.52423 4 5 MacNeil Bank 28.00518 −93.52425 5 5 MacNeil Bank 28.01694 −93.52233 6 5 MacNeil Bank 28.01883 −93.51264 7 5 MacNeil Bank 28.03670 −93.50300 8 5 MacNeil Bank 28.03724 −93.49844 9 5 MacNeil Bank 28.03113 −93.49199 10 5 MacNeil Bank 28.01300 −93.49624 11 5 MacNeil Bank 28.00331 −93.50725 12 5 MacNeil Bank 28.00226 −93.51550 1 6 Rankin Bank & 28—Fathom Bank 27.92554 −93.40593 2 6 Rankin Bank & 28—Fathom Bank 27.92039 −93.41021 3 6 Rankin Bank & 28—Fathom Bank 27.92035 −93.42474 4 6 Rankin Bank & 28—Fathom Bank 27.91387 −93.43165 5 6 Rankin Bank & 28—Fathom Bank 27.90829 −93.42234 6 6 Rankin Bank & 28—Fathom Bank 27.90641 −93.42535 7 6 Rankin Bank & 28—Fathom Bank 27.90489 −93.44219 8 6 Rankin Bank & 28—Fathom Bank 27.89549 −93.44396 9 6 Rankin Bank & 28—Fathom Bank 27.88892 −93.43403 10 6 Rankin Bank & 28—Fathom Bank 27.88072 −93.42805 11 6 Rankin Bank & 28—Fathom Bank 27.87676 −93.42787 12 6 Rankin Bank & 28—Fathom Bank 27.88449 −93.44458 13 6 Rankin Bank & 28—Fathom Bank 27.88803 −93.45159 14 6 Rankin Bank & 28—Fathom Bank 27.88794 −93.45905 15 6 Rankin Bank & 28—Fathom Bank 27.89234 −93.46410 16 6 Rankin Bank & 28—Fathom Bank 27.89971 −93.45571 17 6 Rankin Bank & 28—Fathom Bank 27.90910 −93.45343 18 6 Rankin Bank & 28—Fathom Bank 27.92847 −93.45335 19 6 Rankin Bank & 28—Fathom Bank 27.93407 −93.44743 20 6 Rankin Bank & 28—Fathom Bank 27.93599 −93.44215 21 6 Rankin Bank & 28—Fathom Bank 27.92554 −93.40593 1 7 Bright Bank 27.87310 −93.27056 2 7 Bright Bank 27.86549 −93.29462 3 7 Bright Bank 27.87300 −93.31055 4 7 Bright Bank 27.89058 −93.32193 5 7 Bright Bank 27.89839 −93.31987 6 7 Bright Bank 27.90336 −93.30953 7 7 Bright Bank 27.91010 −93.30562 8 7 Bright Bank 27.91634 −93.29292 9 7 Bright Bank 27.91263 −93.28816 10 7 Bright Bank 27.90354 −93.28386 11 7 Bright Bank 27.90253 −93.27238 12 7 Bright Bank 27.89927 −93.26729 13 7 Bright Bank 27.87310 −93.27056 1 8 Geyer Bank 27.78848 −93.07794 2 8 Geyer Bank 27.79458 −93.08448 3 8 Geyer Bank 27.83313 −93.07913 4 8 Geyer Bank 27.85306 −93.08279 5 8 Geyer Bank 27.86328 −93.07885 6 8 Geyer Bank 27.86908 −93.06974 7 8 Geyer Bank 27.86556 −93.05944 8 8 Geyer Bank 27.85211 −93.05391 9 8 Geyer Bank 27.83713 −93.05725 10 8 Geyer Bank 27.82540 −93.04312 11 8 Geyer Bank 27.82490 −93.04276 12 8 Geyer Bank 27.80846 −93.03412 13 8 Geyer Bank 27.78997 −93.04096 14 8 Geyer Bank 27.78602 −93.05384 15 8 Geyer Bank 27.78848 −93.07794 1 9A Elvers Bank—A 27.82285 −92.88605 2 9A Elvers Bank—A 27.82087 −92.88600 3 9A Elvers Bank—A 27.82009 −92.88670 4 9A Elvers Bank—A 27.81869 −92.89235 5 9A Elvers Bank—A 27.81690 −92.89404 6 9A Elvers Bank—A 27.81615 −92.89653 7 9A Elvers Bank—A 27.80645 −92.90884 8 9A Elvers Bank—A 27.81221 −92.92082 9 9A Elvers Bank—A 27.81599 −92.93908 10 9A Elvers Bank—A 27.81934 −92.93940 11 9A Elvers Bank—A 27.82250 −92.92465 12 9A Elvers Bank—A 27.82809 −92.91359 13 9A Elvers Bank—A 27.83973 −92.89876 14 9A Elvers Bank—A 27.83972 −92.88038 15 9A Elvers Bank—A 27.83003 −92.86983 16 9A Elvers Bank—A 27.82285 −92.88605 1 9B Elvers Bank—B 27.85645 −92.92310 2 9B Elvers Bank—B 27.85662 −92.91922 3 9B Elvers Bank—B 27.85334 −92.91631 4 9B Elvers Bank—B 27.85076 −92.91727 5 9B Elvers Bank—B 27.84903 −92.92097 6 9B Elvers Bank—B 27.85145 −92.92524 7 9B Elvers Bank—B 27.85645 −92.92310 1 10A McGrail Bank—A 27.97684 −92.58489 2 10A McGrail Bank—A 27.97749 −92.57716 3 10A McGrail Bank—A 27.97475 −92.56753 4 10A McGrail Bank—A 27.97304 −92.56191 5 10A McGrail Bank—A 27.95173 −92.53902 6 10A McGrail Bank—A 27.94849 −92.54254 7 10A McGrail Bank—A 27.96632 −92.56116 8 10A McGrail Bank—A 27.96792 −92.58152 9 10A McGrail Bank—A 27.95989 −92.58187 10 10A McGrail Bank—A 27.95409 −92.57057 11 10A McGrail Bank—A 27.94951 −92.57135 12 10A McGrail Bank—A 27.94920 −92.57994 13 10A McGrail Bank—A 27.95846 −92.60274 14 10A McGrail Bank—A 27.97286 −92.61901 15 10A McGrail Bank—A 27.98096 −92.60158 16 10A McGrail Bank—A 27.97684 −92.58489 1 10B McGrail Bank—B 27.94116 −92.54750 2 10B McGrail Bank—B 27.94180 −92.54543 3 10B McGrail Bank—B 27.94010 −92.54202 4 10B McGrail Bank—B 27.93616 −92.54151 5 10B McGrail Bank—B 27.93481 −92.54398 6 10B McGrail Bank—B 27.93529 −92.54803 7 10B McGrail Bank—B 27.93859 −92.54901 8 10B McGrail Bank—B 27.94116 −92.54750 1 11 Bouma Bank 28.07909 −92.47305 2 11 Bouma Bank 28.07370 −92.44900 3 11 Bouma Bank 28.07370 −92.44891 4 11 Bouma Bank 28.06544 −92.43518 5 11 Bouma Bank 28.05162 −92.43380 6 11 Bouma Bank 28.03846 −92.44065 7 11 Bouma Bank 28.03463 −92.45289 8 11 Bouma Bank 28.03114 −92.45537 9 11 Bouma Bank 28.02915 −92.46338 10 11 Bouma Bank 28.03154 −92.47259 11 11 Bouma Bank 28.04166 −92.47229 12 11 Bouma Bank 28.04525 −92.46717 13 11 Bouma Bank 28.04751 −92.47310 14 11 Bouma Bank 28.04676 −92.48308 15 11 Bouma Bank 28.04866 −92.48462 16 11 Bouma Bank 28.05687 −92.48145 17 11 Bouma Bank 28.06388 −92.49262 18 11 Bouma Bank 28.07018 −92.49141 19 11 Bouma Bank 28.06974 −92.48613 20 11 Bouma Bank 28.06594 −92.48098 21 11 Bouma Bank 28.07109 −92.47708 22 11 Bouma Bank 28.07683 −92.48071 23 11 Bouma Bank 28.07909 −92.47305 1 12 Sonnier Bank 28.32652 −92.45356 2 12 Sonnier Bank 28.32495 −92.45647 3 12 Sonnier Bank 28.32501 −92.45965 4 12 Sonnier Bank 28.32796 −92.46626 5 12 Sonnier Bank 28.33523 −92.47536 6 12 Sonnier Bank 28.34453 −92.47511 7 12 Sonnier Bank 28.34840 −92.47439 8 12 Sonnier Bank 28.35256 −92.47181 9 12 Sonnier Bank 28.35416 −92.46784 10 12 Sonnier Bank 28.35456 −92.46135 11 12 Sonnier Bank 28.35351 −92.45729 12 12 Sonnier Bank 28.35174 −92.45107 13 12 Sonnier Bank 28.34852 −92.44564 14 12 Sonnier Bank 28.34303 −92.44045 15 12 Sonnier Bank 28.34048 −92.44024 16 12 Sonnier Bank 28.33584 −92.44669 17 12 Sonnier Bank 28.33068 −92.44985 18 12 Sonnier Bank 28.32652 −92.45356 1 13 Rezak Bank 27.95420 −92.36641 2 13 Rezak Bank 27.95847 −92.37739 3 13 Rezak Bank 27.95629 −92.38599 4 13 Rezak Bank 27.97297 −92.39248 5 13 Rezak Bank 27.97892 −92.39845 6 13 Rezak Bank 27.98869 −92.39964 7 13 Rezak Bank 27.99372 −92.38244 8 13 Rezak Bank 27.98603 −92.36697 9 13 Rezak Bank 27.98022 −92.36429 10 13 Rezak Bank 27.97442 −92.36996 11 13 Rezak Bank 27.96006 −92.36854 12 13 Rezak Bank 27.95420 −92.36641 1 14 Sidner Bank 27.93046 −92.36762 2 14 Sidner Bank 27.91368 −92.37398 3 14 Sidner Bank 27.91462 −92.38530 4 14 Sidner Bank 27.91976 −92.39427 5 14 Sidner Bank 27.92306 −92.38792 6 14 Sidner Bank 27.94525 −92.38305 7 14 Sidner Bank 27.94166 −92.37565 8 14 Sidner Bank 27.94231 −92.37189 9 14 Sidner Bank 27.93046 −92.36762 1 15A Parker Bank—A 27.95067 −92.00294 2 15A Parker Bank—A 27.94177 −91.99762 3 15A Parker Bank—A 27.93547 −91.99568 4 15A Parker Bank—A 27.92937 −91.99981 5 15A Parker Bank—A 27.93224 −92.02999 6 15A Parker Bank—A 27.93401 −92.03946 7 15A Parker Bank—A 27.93958 −92.05015 8 15A Parker Bank—A 27.95012 −92.05050 9 15A Parker Bank—A 27.96214 −92.05407 10 15A Parker Bank—A 27.96630 −92.04745 11 15A Parker Bank—A 27.96869 −92.04120 12 15A Parker Bank—A 27.96925 −92.02758 13 15A Parker Bank—A 27.96678 −92.02175 14 15A Parker Bank—A 27.95067 −92.00294 1 15B Parker Bank—B 27.96082 −91.99450 2 15B Parker Bank—B 27.96432 −91.99285 3 15B Parker Bank—B 27.96566 −91.99014 4 15B Parker Bank—B 27.96385 −91.98600 5 15B Parker Bank—B 27.96149 −91.98639 6 15B Parker Bank—B 27.95931 −91.98760 7 15B Parker Bank—B 27.95824 −91.99183 8 15B Parker Bank—B 27.96082 −91.99450 1 16 Alderdice Bank 28.09726 −91.99328 2 16 Alderdice Bank 28.09474 −91.98619 3 16 Alderdice Bank 28.09569 −91.97526 4 16 Alderdice Bank 28.09184 −91.97361 5 16 Alderdice Bank 28.08410 −91.97273 6 16 Alderdice Bank 28.07506 −91.97457 7 16 Alderdice Bank 28.07053 −91.98465 8 16 Alderdice Bank 28.06959 −91.99347 9 16 Alderdice Bank 28.06819 −92.00512 10 16 Alderdice Bank 28.07026 −92.01321 11 16 Alderdice Bank 28.07562 −92.02032 12 16 Alderdice Bank 28.08058 −92.02436 13 16 Alderdice Bank 28.08463 −92.02577 14 16 Alderdice Bank 28.09024 −92.02296 15 16 Alderdice Bank 28.09487 −92.01231 16 16 Alderdice Bank 28.09627 −92.00735 17 16 Alderdice Bank 28.09507 −92.00008 18 16 Alderdice Bank 28.09726 −91.99328 [86 FR 4954, Jan. 19, 2021] Subpart M—Monterey Bay National Marine Sanctuary Source: 73 FR 70535, Nov. 20, 2008, unless otherwise noted. § 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 (a) The first area consists of an area of approximately 4,016 square nautical miles (nmi 2 (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 [73 FR 70535, Nov. 20, 2008, as amended at 80 FR 34048, June 15, 2015; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] § 922.131 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Beneficial use of dredged material Davidson Seamount Management Zone Federal Project Hand tool Motorized personal watercraft (MPWC) [73 FR 70535, Nov. 20, 2008, as amended at 86 FR 62912, Nov. 15, 2021; 88 FR 967, Jan. 6, 2023] § 922.132 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) through (e) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing, or producing oil, gas, or minerals within the Sanctuary, except: Jade may be collected (meaning removed) from the area bounded by the 35.92222 N latitude parallel (coastal reference point: Beach access stairway at south Sand Dollar Beach), the 35.88889 N latitude parallel (coastal reference point: Westernmost tip of Cape San Martin), and from the mean high tide line seaward to the 90-foot isobath (depth line) (the “authorized area”) provided that: (i) Only jade already loose from the submerged lands of the Sanctuary may be collected; (ii) No tool may be used to collect jade except: (A) A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the jade or scratch the surface of a stone as necessary to determine if it is jade; (B) A lift bag or multiple lift bags with a combined lift capacity of no more than two hundred pounds; or (C) A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide access to the authorized area; (iii) Each person may collect only what that person individually carries; and (iv) For any loose piece of jade that cannot be collected under paragraphs (a)(1) (ii) and (iii) of this section, any person may apply for a permit to collect such a loose piece by following the procedures in 15 CFR 922.133. (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter, except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities within the Sanctuary; (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (D) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (E) Vessel engine or generator exhaust; or (F) Dredged material deposited at disposal sites authorized by the U.S. Environmental Protection Agency (EPA) (in consultation with the U.S. Army Corps of Engineers (COE)) prior to the effective date of Sanctuary designation (January 1, 1993), provided that the activity is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval existing on January 1, 1993. Authorized disposal sites within the Sanctuary are described in appendix C to this subpart. (ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash. (iii) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except those listed in paragraphs (a)(2)(i)(A) through (E) and (a)(2)(ii) of this section and dredged material deposited at the authorized disposal sites described in appendix D to this subpart, provided that the dredged material disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval. (3) Possessing, moving, removing, or injuring, or attempting to possess, move, remove, or injure, a Sanctuary historical resource. This prohibition does not apply to, moving, removing, or injury resulting incidentally from kelp harvesting, aquaculture, or lawful fishing activities. (4) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as incidental and necessary to: (i) Conduct lawful fishing activities; (ii) Anchor a vessel; (iii) Conduct aquaculture or kelp harvesting; (iv) Install an authorized navigational aid; (v) Conduct harbor maintenance in an area necessarily associated with a Federal Project in existence on January 1, 1993, including dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters and jetties; (vi) Construct, repair, replace, or rehabilitate a dock or pier; or (vii) Collect jade pursuant to paragraph (a)(1) of this section, provided that there is no constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, other than temporary placement of an authorized hand tool as provided in paragraph (a)(1) of this section. The exceptions listed in paragraphs (a)(4)(ii) through (a)(4)(vii) of this section do not apply within the Davidson Seamount Management Zone. (5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (6) Disturbing marine mammals or seabirds by flying motorized aircraft, except as necessary for valid law enforcement purposes, at less than 1,000 feet above any of the four zones within the Sanctuary described in appendix B to this subpart. Failure to maintain a minimum altitude of 1,000 feet above ground level above any such zone is presumed to disturb marine mammals or seabirds. (7) Operating motorized personal watercraft within the Sanctuary except within the four designated zones and access routes within the Sanctuary described in appendix E to this subpart. Zone Five (at Pillar Point) exists only when a High Surf Advisory has been issued by the National Weather Service and is in effect for San Mateo County, and only during December, January, and February. (8) Possessing within the Sanctuary (regardless of where taken, moved, or removed from), any marine mammal, sea turtle, or bird, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes. (9) Deserting a vessel aground, at anchor, or adrift in the Sanctuary. (10) Leaving harmful matter aboard a grounded or deserted vessel in the Sanctuary. (11)(i) Moving, removing, taking, collecting, catching, harvesting, disturbing, breaking, cutting, or otherwise injuring, or attempting to move, remove, take, collect, catch, harvest, disturb, break, cut, or otherwise injure, any Sanctuary resource located more that 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to fishing below 3000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). (ii) Possessing any Sanctuary resource the source of which is more than 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to possession of fish resulting from fishing below 3000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). (12) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass ( Morone saxatilis (13) Attracting any white shark within the Sanctuary. (14) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to an activity necessary to respond to an emergency threatening life, property, or the environment. (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 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. (2) In the event of destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an incident, including but not limited to discharges, deposits, and groundings, caused by a Department of Defense activity, the Department of Defense, in coordination with the Director, must promptly prevent and mitigate further damage and must restore or replace the Sanctuary resource or quality in a manner approved by the Director. (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 § 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 § 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 § 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. For the purposes of this subpart, the disposal of dredged material does not include the beneficial use of dredged material as defined by § 922.131. Any purported authorizations issued by other authorities within the Sanctuary shall be invalid. [73 FR 70535, Nov. 20, 2008, as amended at 75 FR 53571, Sept. 1, 2010; 77 FR 3922, Jan. 26, 2012; 80 FR 8786, Feb. 19, 2015; 86 FR 62912, Nov. 15, 2021; 88 FR 967, Jan. 6, 2023; 88 FR 19827, Apr. 4, 2023] § 922.133 Permit procedures and criteria. (a) A person may conduct an activity otherwise prohibited by § 922.132(a)(1) as it pertains to jade collection in the Sanctuary, § 922.132(a)(2) through (11) and (13) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey Bay National Marine Sanctuary, 99 Pacific Street, Bldg. 455A, Monterey, California 93940. [88 FR 868, Jan. 6, 2023] § 922.134 Review of certain State permits and leases. (a)(1) NOAA has described in a Memorandum of Agreement (MOA) with the State of California how NOAA will coordinate review of any introduction of non-invasive introduced species from a proposed shellfish aquaculture project when considering an authorization under § 922.132(e). (2) The MOA specifies how the process of § 922.36 in subpart D will be administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission. (b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA, and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary. With regard to permits, the MOA encompasses: (i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and (ii) Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code. (2) The MOA specifies how the process of § 922.36 in subpart D will be administered within State waters within the Sanctuary in coordination with the State permit program. [73 FR 70535, Nov. 20, 2008, as amended at 80 FR 8787, Feb. 19, 2015; 88 FR 19829, Apr. 4, 2023] Appendix A to Subpart M of Part 922—Monterey Bay National Marine Sanctuary Boundary Coordinates Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983. Point ID No. Latitude Longitude Seaward Boundary 1 37.88225 −122.62753 2 37.66641 −122.75105 3 37.61622 −122.76937 4 37.57147 −122.80399 5 37.52988 −122.85988 6 37.50948 −122.90614 7 37.49418 −123.00770 8 37.50819 −123.09617 9 37.52001 −123.12879 10 37.45304 −123.14009 11 37.34316 −123.13170 12 37.23062 −123.10431 13 37.13021 −123.02864 14 37.06295 −122.91261 15 37.03509 −122.77639 16 36.92155 −122.80595 17 36.80632 −122.81564 18 36.69192 −122.80539 19 36.57938 −122.77416 20 36.47338 −122.72568 21 36.37242 −122.65789 22 36.27887 −122.57410 23 36.19571 −122.47699 24 36.12414 −122.36527 25 36.06864 −122.24438 26 36.02451 −122.11672 27 35.99596 −121.98232 28 35.98309 −121.84069 29 35.98157 −121.75634 30 35.92933 −121.71119 31 35.83773 −121.71922 32 35.72063 −121.71216 33 35.59497 −121.69030 34 35.55327 −121.63048 35 35.55483 −121.10399 36 37.59421 −122.52001 37 37.61367 −122.61673 38 37.76694 −122.65011 39 37.81777 −122.53008 Harbor Exclusions 40 37.49414 −122.48483 41 37.49540 −122.48576 42 36.96082 −122.00175 43 36.96143 −122.00112 44 36.80684 −121.79145 45 36.80133 −121.79047 46 36.60837 −121.88970 47 36.60580 −121.88965 [75 FR 53571, Sept. 1, 2010] Appendix B to Subpart M of Part 922—Zones Within the Sanctuary Where Overflights Below 1000 Feet Are Prohibited The four zones are: (1) From mean high water to 3 nautical miles (nmi) offshore between a line extending from Point Santa Cruz on a southwesterly bearing of 220° true and a line extending from 2.0 nmi north of Pescadero Point on a southwesterly bearing of 240° true; (2) From mean high water to 3 nmi offshore between a line extending from the Carmel River mouth on a westerly bearing of 270° true and a line extending due west along latitude parallel 35.55488 N off of Cambria; (3) From mean high water and within a 5 nmi seaward arc drawn from a center point of 36.80129 N, 121.79034 W (the end of the Moss Landing ocean pier as it appeared on the most current NOAA nautical charts as of January 1, 1993); and (4) Over the Sanctuary's jurisdictional waters of Elkhorn Slough east of the Highway One bridge to Elkhorn Road. [75 FR 53571, Sept. 1, 2010] Appendix C to Subpart M of Part 922—Dredged Material Disposal Sites Within the Sanctuary [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983] Point ID No. Latitude Longitude Santa Cruz Harbor/Twin Lakes Dredge Disposal Site 1 36.9625 −122.00056 2 36.9625 −121.99861 3 36.96139 −121.99833 4 36.96139 −122.00083 SF-12 Dredge Disposal Site 1 36.80207 −121.79207 2 36.80157 −121.79218 3 36.80172 −121.79325 4 36.80243 −121.79295 SF-14 Dredge Disposal Site (circle with 500 yard radius) 1 36.79799 −121.81907 Monterey Harbor/Wharf II Dredge Disposal Site 1 36.60297 −121.88942 2 36.60283 −121.88787 3 36.60092 −121.88827 4 36.60120 −121.88978 Appendix D to Subpart M of Part 922—Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983] As of January 1, 1993, the U.S. Army Corps of Engineers operates the following dredged material disposal site adjacent to the Sanctuary off of the Golden Gate: Point ID No. Latitude Longitude 1 37.76458 −122.56900 2 37.74963 −122.62281 3 37.74152 −122.61932 4 37.75677 −122.56482 5 37.76458 −122.56900 Appendix E to Subpart M of Part 922—Motorized Personal Watercraft Zones and Access Routes Within the Sanctuary [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The five zones and access routes are: (1) The 0.96 mi 2 Point ID No. Latitude Longitude 1 (flashing white 5-second breakwater entrance light and horn at the seaward end of the outer west breakwater—mounted on 50-ft high white cylindrical structure) 37.49402 −122.48471 2 (triangular red dayboard with a red reflective border and flashing red 6-second light at the seaward end of the outer east breakwater—mounted on 30-ft high skeleton tower) 37.49534 −122.48568 3 (bend in middle of outer east breakwater, 660 yards west of the harbor entrance) 37.49707 −122.47941 4 (Southeast Reef—southern end green gong buoy “1S” with flashing green 6-second light) 37.46469 −122.46971 5 (red entrance buoy “2” with flashing red 4-second light) 37.47284 −122.48411 6 (flashing white 5-second breakwater entrance light and horn at the seaward end of the outer west breakwater—mounted on 50-ft high white cylindrical structure) 37.49402 −122.48471 (2) The 2.63 mi 2 Point ID No. Latitude Longitude 1 (red/white striped whistle buoy “SC” with flashing white Morse code “A” light) 36.93899 −122.00961 2 (yellow can buoy) 36.95500 −122.00967 3 (yellow can buoy) 36.94167 −121.96667 4 (yellow can buoy) 36.92564 −121.96668 5 (red/white striped whistle buoy “SC” with flashing white Morse code “A” light) 36.93899 −122.00961 (3) The 2.29 mi 2 Point ID No. Latitude Longitude 1 (red/white striped bell buoy “MLA” with flashing white Morse code “A” light) 36.79893 −121.80157 2 (yellow can buoy) 36.77833 −121.81667 3 (yellow can buoy) 36.83333 −121.82167 4 (yellow can buoy) 36.81500 −121.80333 5 (red/white striped bell buoy “MLA” with flashing white Morse code “A” light) 36.79893 −121.80157 (4) The 3.10 mi 2 Point ID No. Latitude Longitude 1 (yellow can buoy) 36.61146 −121.87696 2 (red bell buoy “4” with flashing red 4-second light) 36.62459 −121.89594 3 (yellow can buoy) 36.65168 −121.87416 4 (yellow can buoy) 36.63833 −121.85500 6 (yellow can buoy) 36.61146 −121.87696 (5) The 0.13 mi 2 Point ID No. Latitude Longitude 1 (green gong buoy “1” with flashing green 2.5-second light) 37.48625 −122.50603 2 (intersection of sight lines due north of green gong buoy “1” and due west of Sail Rock) 37.49305 −122.50603 3 (Sail Rock) 37.49305 −122.50105 4 (intersection of sight lines due east of green gong buoy “1” and due south of Sail Rock) 37.48625 −122.50105 5 (green gong buoy “1” with flashing green 2.5-second light) 37.48625 −122.50603 [86 FR 62913, Nov. 15, 2021] Appendix F to Subpart M of Part 922—Davidson Seamount Management Zone [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983] Point ID No. Latitude Longitude 1 35.90000 −123.00000 2 35.90000 −122.50000 3 35.50000 −122.50000 4 35.50000 −123.00000 Subpart N—Stellwagen Bank National Marine Sanctuary § 922.140 Boundary. (a) The Stellwagen Bank National Marine Sanctuary (Sanctuary) consists of an area of approximately 639 square nautical miles (nmi 2 (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. [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023] § 922.141 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Industrial material Traditional fishing [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023] § 922.142 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) through (f) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1)(i) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; or (D) Engine exhaust. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(1)(i) (A) through (D) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (2) Exploring for, developing or producing industrial materials within the Sanctuary. (3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Installation of navigation aids. (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from traditional fishing operations. (5) Taking any marine reptile, marine mammal or seabird in or above the Sanctuary, except as permitted by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq. (6) Lightering in the Sanctuary. (7) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as necessary for valid law enforcement purposes, any historical resource, or any marine mammal, marine reptile or seabird taken in violation of the MMPA, ESA or MBTA. (8) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraphs (a) (1), and (3) through (8) of this section do not apply to any activity necessary to respond to an emergency threatening life, property or the environment. (c)(1)(i) All Department of Defense military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. (ii) Department of Defense military activities may be exempted from the prohibitions in paragraphs (a) (1) and (3) through (7) of this section by the Director after consultation between the Director and the Department of Defense. (iii) If it is determined that an activity may be carried out, such activity shall be carried out in a manner that avoids to the maximum extent practicable any advance impact on Sanctuary resources and qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded from the scope of this paragraph(c). (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (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 § 922.143 or a special use permit issued pursuant to subpart D of this part. (e) The prohibitions in paragraphs (a)(1) and (3) through (7) of this section do not apply any activity authorized by any lease, permit, license, approval or other authorization issued after the effective date of Sanctuary designation (November 4, 1992) and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with § 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date. (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 § 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 § 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. [60 FR 66877, Dec. 27, 1995, as amended at 88 FR 968, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] § 922.143 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.142(a)(1) and (3) through (7) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Stellwagen Bank National Marine Sanctuary, 175 Edward Foster Road, Scituate, MA 02066. [88 FR 968, Jan. 6, 2023] 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 [88 FR 969, Jan. 6, 2023] Subpart O—Olympic Coast National Marine Sanctuary § 922.150 Boundary. (a) The Olympic Coast National Marine Sanctuary (Sanctuary) consists of an area of approximately 2,408 square nautical miles (nmi 2 (b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada international boundary. The Sanctuary boundary then follows the U.S./Canada international boundary seaward to the 100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 fathom isobath in a southerly direction from the U.S./Canada international boundary to a point due west of the mouth of the Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault Canyons. The coastal boundary of the Sanctuary is the mean higher high water line when adjacent to Federally managed lands cutting across the mouths of all rivers and streams, except where adjacent to Indian reservations, State and county owned lands; in such case, the coastal boundary is the mean lower low water line. La Push harbor is excluded from the Sanctuary boundary shoreward of the International Collision at Sea regulation (Colreg.) demarcation lines. The boundary coordinates are listed in appendix A to this subpart. [60 FR 66877, Dec. 27, 1995, as amended at 76 FR 67360, Nov. 1, 2011; 88 FR 969, Jan.6, 2023] § 922.151 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart: Indian reservation Lawful fishing Treaty [76 FR 67360, Nov. 1, 2011, as amended at 88 FR 969, Jan. 6, 2023] § 922.152 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) through (g) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary. (2)(i) Discharging or depositing, from within or into the Sanctuary, other than from a cruise ship, any material or other matter except: (A) Fish, fish parts, chumming materials or bait used in or resulting from lawful fishing operations in the Sanctuary; (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.; (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down, and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping; (D) Engine exhaust; or (E) Dredge spoil in connection with beach nourishment projects related to the Quillayute River Navigation Project. (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(2)(i)(A) through (E) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality. (3) Discharging or depositing, from within or into the Sanctuary, any materials or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, engine exhaust, or anchor wash. (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from lawful fishing operations. (5) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the submerged lands of the Sanctuary, except as an incidental result of: (i) Anchoring vessels; (ii) Lawful fishing operations; (iii) Installation of navigation aids; (iv) Harbor maintenance in the areas necessarily associated with the Quillayute River Navigation Project, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties, and related beach nourishment; (v) Construction, repair, replacement or rehabilitation of boat launches, docks or piers, and associated breakwaters and jetties; or (vi) Beach nourishment projects related to harbor maintenance activities. (6) Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (7) Disturbing marine mammals or seabirds by flying motorized aircraft at less than 2,000 feet over the waters within one nautical mile of the Flattery Rocks, Quillayute Needles, or Copalis National Wildlife Refuges or within one nautical mile seaward from the coastal boundary of the Sanctuary, except for activities related to tribal timber operations conducted on reservation lands, or to transport persons or supplies to or from reservation lands as authorized by a governing body of an Indian tribe. Failure to maintain a minimum altitude of 2,000 feet above ground level over any such waters is presumed to disturb marine mammals or seabirds. (8) Possessing within the Sanctuary (regardless of where taken, moved or removed from) any historical resource, or any marine mammal, sea turtle, or seabird taken in violation of the MMPA, ESA, or MBTA, to the extent that they apply. (9) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraph (a)(2) through (5), (7), and (8) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment. (c) The prohibitions in paragraphs (a)(2) through (5), (7), and (8) of this section do not apply to activities necessary for valid law enforcement purposes. (d)(1) All Department of Defense military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. (i) Except as provided in paragraph (d)(2) of this section, the prohibitions in paragraphs (a)(2) through (8) of this section do not apply to the following military activities performed by the Department of Defense in W-237A, W-237B, and Military Operating Areas Olympic A and B in the Sanctuary: (A) Hull integrity tests and other deep water tests; (B) Live firing of guns, missiles, torpedoes, and chaff; (C) Activities associated with the Quinault Range including the in-water testing of non-explosive torpedoes; and (D) Anti-submarine warfare operations. (ii) New activities may be exempted from the prohibitions in paragraphs (a)(2) through (8) of this section by the Director after consultation between the Director and the Department of Defense. If it is determined that an activity may be carried out such activity shall be carried out in a manner that avoids to the maximum extent practicable any adverse impact on Sanctuary resources and qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded from the scope of this paragraph (d). (2) The Department of Defense is prohibited from conducting bombing activities within the Sanctuary. (3) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (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 § 922.153 or a special use permit issued pursuant to subpart D of this part. (f) Members of a federally recognized Indian tribe may exercise aboriginal and treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this part. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary. (g) The prohibitions in paragraphs (a)(2) through (8) of this section do not apply to any activity authorized by any lease, permit, license, or other authorization issued after July 22, 1994, and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with § 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date. (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 § 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 § 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. [76 FR 67360, Nov. 1, 2011, as amended at 77 FR 3922, Jan. 26, 2012; 88 FR 969, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] § 922.153 Permit procedures and criteria. (a) A person may conduct an activity prohibited by § 922.152(a)(2) through (8) if conducted in accordance with the scope, purpose, terms and conditions of a permit or ONMS authorization issued under this section and subpart D of this part. (b) Applications for such permits or ONMS authorizations should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Olympic Coast National Marine Sanctuary, 115 E Railroad Ave., Suite 301, Port Angeles, WA 98362. (c) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance to the tribe. (d) Removal or attempted removal of any Indian cultural resource or artifact may only occur with the express written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certification by the Director that such activities occur in a manner that minimizes damage to the biological and archeological resources. Prior to permitting entry onto a significant cultural site designated by a tribal governing body, the Director shall require the express written consent of the governing body of the tribe or tribes to which such cultural site pertains. (e) Where the issuance or denial of a permit is requested by the governing body of a Washington Coast treaty tribe, the Director shall consider and protect the interests of the tribe to the fullest extent practicable in keeping with the purposes of the Sanctuary and his or her fiduciary duties to the tribe. [88 FR 969, Jan. 6, 2023] § 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent county governments. (a) The Director shall regularly consult with the State of Washington, the governing bodies of tribes with reservations adjacent to the Sanctuary, and adjacent county governments regarding areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources. (b) The Director shall, when requested by such governments, enter into a memorandum of understanding regarding such consultations. 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 [88 FR 969, Jan. 6, 2023] Subpart P—Florida Keys National Marine Sanctuary Link to an amendment published at 90 FR 6136, Jan. 17, 2025. Source: 62 FR 32161, June 12, 1997, unless otherwise noted. § 922.160 Purpose. (a) The purpose of the regulations in this subpart is to implement the comprehensive management plan for the Florida Keys National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary is designated, in order to protect, preserve and manage the conservation, ecological, recreational, research, educational, historical, and aesthetic resources and qualities of the area. In particular, the regulations in this part are intended to protect, restore, and enhance the living resources of the Sanctuary, to contribute to the maintenance of natural assemblages of living resources for future generations, to provide places for species dependent on such living resources to survive and propagate, to facilitate to the extent compatible with the primary objective of resource protection all public and private uses of the resources of the Sanctuary not prohibited pursuant to other authorities, to reduce conflicts between such compatible uses, and to achieve the other policies and purposes of the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act. (b) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the regulations in their entirety with any proposed changes thereto, including those regulations in subparts A and E of this part that apply to the Sanctuary. The Governor of the State of Florida will have the opportunity to review the re-proposed regulations before they take effect and if the Governor certifies such regulations as unacceptable, they will not take effect in State waters of the Sanctuary. § 922.161 Boundary. The sanctuary consists of an area of approximately 2,872 square nautical miles (nmi 2 [88 FR 969, Jan. 6, 2023] § 922.162 Definitions. (a) The following definitions apply to the Florida Keys National Marine Sanctuary regulations. To the extent that a term appears in § 922.11 and this section, the definition in this section governs. Acts et seq. Adverse effect Airboat Areas To Be Avoided Closed Coral Gorgonia ventalina Gorgonia flabellum Coral area Coral reefs Ecological Reserve Existing Management Area Exotic species Fishing (1) The catching, taking, or harvesting of fish; the attempted catching, taking, or harvesting of fish; any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or any operation at sea in support of, or in preparation for, any activity described in this subparagraph (1). (2) Such term does not include any scientific research activity which is conducted by a scientific research vessel. Hardbottom Idle speed only/no-wake Idle speed only/no-wake zone Length overall (LOA) length Live rock Marine life species Military activity No-access buffer zone No motor zone Not available for immediate use Officially marked channel Personal watercraft Prop dredging Prop scarring Residential shoreline (1) Shoreline, (2) Canal mouth, (3) Basin, or (4) Cove adjacent to any residential land use district, including improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the Monroe County land development regulations. Sanctuary Sanctuary Preservation Area Sanctuary wildlife Special-use Area Stem Stern Tank vessel (1) Is a United States flag vessel; (2) Operates on the navigable waters of the United States; or (3) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States [46 U.S.C. 2101]. Traditional fishing Tropical fish Wildlife Management Area (b) Other terms appearing in the regulations in this part are defined at § 922.11, and/or in the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. et seq. [62 FR 32161, June 12, 1997, as amended at 66 FR 4369, Jan. 17, 2001; 74 FR 38094, July 31, 2009; 88 FR 970, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023; 90 FR 38002, Aug. 7, 2025] § 922.163 Prohibited activities—Sanctuary-wide. (a) Except as specified in paragraph (b) through (e) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Mineral and hydrocarbon exploration, development and production. (2) Removal of, injury to, or possession of coral or live rock. (ii) Harvesting, or attempting to harvest, any live rock from the Sanctuary, or possessing (regardless of where taken from) any live rock within the Sanctuary, except as authorized by a permit for the possession or harvest from aquaculture operations in the Exclusive Economic Zone, issued by the National Marine Fisheries Service pursuant to applicable regulations under the appropriate Fishery Management Plan, or as authorized by the applicable State authority of competent jurisdiction within the Sanctuary for live rock cultured on State submerged lands leased from the State of Florida, pursuant to applicable State law. See (3) Alteration of, or construction on, the seabed. (i) Anchoring vessels in a manner not otherwise prohibited by this part (see §§ 922.163(a)(5)(ii) and 922.164(d)(1)(v)); (ii) Traditional fishing activities not otherwise prohibited by this part; (iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any Federal, State, or local authority of competent jurisdiction; (iv) Harbor maintenance in areas necessarily associated with Federal water resource development projects in existence on July 1, 1997, including maintenance dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters or jetties; (v) Construction, repair, replacement, or rehabilitation of docks, seawalls, breakwaters, piers, or marinas with less than ten slips authorized by any valid lease, permit, license, approval, or other authorization issued by any Federal, State, or local authority of competent jurisdiction. (4) Discharge or deposit of materials or other matter. (A) Fish, fish parts, chumming materials, or bait used or produced incidental to and while conducting a traditional fishing activity in the Sanctuary; (B) Water generated by routine vessel operations (e.g., deck wash down and graywater as defined in section 312 of the FWPCA), excluding oily wastes from bilge pumping; or (C) Cooling water from vessels or engine exhaust; (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except: (A) Those listed in paragraph (a)(4)(i)(A) through (a)(4)(i)(C) of this section; (B) Sewage incidental to vessel use and generated by a marine sanitation device approved in accordance with section 312 of the Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1322 et seq.; (C) Those authorized under Monroe County land use permits; or (D) Those authorized under State permits. (5) Operation of vessels. (ii) Having a vessel anchored on living coral other than hardbottom in water depths less than 40 feet when visibility is such that the seabed can be seen. (iii) Except in officially marked channels, operating a vessel at a speed greater than 4 knots or in manner which creates a wake: (A) Within an area designated idle speed only/no wake; (B) Within 100 yards of navigational aids indicating emergent or shallow reefs (international diamond warning symbol); (C) Within 100 yards of the red and white “divers down” flag (or the blue and white “alpha” flag in Federal waters); (D) Within 100 yards of residential shorelines; or (E) Within 100 yards of stationary vessels. (iv) Operating a vessel in such a manner as to injure or take wading, roosting, or nesting birds or marine mammals. (v) Operating a vessel in a manner which endangers life, limb, marine resources, or property. (vi) Having a marine sanitation device that is not secured in a manner that prevents discharges or deposits of treated and untreated sewage. Acceptable methods include, but are not limited to, all methods that have been approved by the U.S. Coast Guard (at 33 CFR 159.7(b) and (c)). (6) Conduct of diving/snorkeling without flag. (7) Release of exotic species. (8) Damage or removal of markers. (9) Movement of, removal of, injury to, or possession of Sanctuary historical resources. (10) Take or possession of protected wildlife. except et seq., et seq., et seq. (11) Possession or use of explosives or electrical charges. (12) Harvest or possession of marine life species. (13) Interference with law enforcement. (b) Notwithstanding the prohibitions in this section and in § 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 § 922.166 and subpart D of this part. (c) Notwithstanding the prohibitions in this section and in § 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 § 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. (d)(1) All military activities shall be carried out in a manner that avoids to the maximum extent practical any adverse impacts on Sanctuary resources and qualities. The prohibitions in paragraph (a) of this section and § 922.164 do not apply to existing classes of military activities which were conducted prior to the effective date of these regulations, as identified in the Environmental Impact Statement and Management Plan for the Sanctuary. New military activities in the Sanctuary are allowed and may be exempted from the prohibitions in paragraph (a) of this section and in § 922.164 by the Director after consultation between the Director and the Department of Defense pursuant to section 304(d) of the NMSA. When a military activity is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource or quality in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA, or it is likely to destroy, cause the loss of, or injure a Sanctuary resource or quality not previously considered in a previous consultation under section 304(d) of the NMSA, the activity is considered a new activity for purposes of this paragraph. If it is determined that an activity may be carried out, such activity shall be carried out in a manner that avoids to the maximum extent practical any adverse impact on Sanctuary resources and qualities. (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. (e) The following prohibitions do not apply to Federal, State and local officers while performing enforcement duties in their official capacities or responding to emergencies that threaten life, property, or the environment: (1) Those contained in paragraph (a)(4) of this section only as it pertains to discharges of sewage incidental to vessel use and generated by a marine sanitation device approved in accordance with section 312 of the Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1322 et seq.; (2) Those contained in paragraph (a)(5) of this section. (f) In no event may the Director issue a certification, authorization, or permit under §§ 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. (g) Any amendment to these regulations shall not take effect in Florida State waters until approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Any fishery regulations in the Sanctuary shall not take effect in Florida State waters until established by the Florida Marine Fisheries Commission. [62 FR 32161, June 12, 1997, as amended at 74 FR 38094, July 31, 2009; 75 FR 72659, Nov. 26, 2010; 88 FR 970, Jan. 6, 2023] § 922.164 Additional activity regulations by Sanctuary area. In addition to the prohibitions set forth in § 922.163, which apply throughout the Sanctuary, the following regulations apply with respect to activities conducted within the Sanctuary areas described in this section and in Appendix (II) through (VII) to this subpart. Activities located within two or more overlapping Sanctuary areas are concurrently subject to the regulations applicable to each overlapping area. (a) Areas to be avoided. (b) Existing management areas Key Largo and Looe Key Management Areas. (i) Removing, taking, damaging, harmfully disturbing, breaking, cutting, spearing or similarly injuring any coral or other marine invertebrate, or any plant, soil, rock, or other material, except commercial taking of spiny lobster and stone crab by trap and recreational taking of spiny lobster by hand or by hand gear which is consistent with these regulations and the applicable regulations implementing the applicable Fishery Management Plan. (ii) Taking any tropical fish. (iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or anchored bottom fishing gear or nets. (iv) Fishing with, carrying or possessing, except while passing through without interruption or for law enforcement purposes: pole spears, air rifles, bows and arrows, slings, Hawaiian slings, rubber powered arbaletes, pneumatic and spring-loaded guns or similar devices known as spearguns. (2) Great White Heron and Key West National Wildlife Refuge Management Areas. (c) Wildlife management areas. (2) The following activities are prohibited within the marine portions of the Wildlife Management Areas listed in appendix III to this subpart: (i) In those marine portions of any Wildlife Management Area designated an “idle speed only/no wake” zone in appendix III to this subpart, operating a vessel at a speed greater that idle speed only/no wake. (ii) In those marine portions of any Wildlife Management Area designated a “no-motor” zone in appendix III to this subpart, using internal combustion motors or engines for any purposes. A vessel with an internal combustion motor or engine may access a “no-motor” zone only through the use of a push pole, paddle, sail, electric motor or similar means of propulsion. (iii) In those marine portions of any Wildlife Management Area designated a “no-access buffer” zone in appendix III of this subpart, entering the area by vessel. (iv) In those marine portions of any Wildlife Management Area designated as closed in appendix III of this subpart, entering or using the area. (3) The Director shall coordinate with other Federal, State, or local resource management authorities, as appropriate, in the establishment and enforcement of access restrictions described in paragraph (c)(2) (i)-(iv) of this section in the marine portions of Wildlife Management Areas. (4) The Director may modify the number and location of access restrictions described in paragraph (c)(2) (i)-(iv) of this section within the marine portions of a Wildlife Management Area if the Director finds that such action is reasonably necessary to minimize disturbances to Sanctuary wildlife, or to ensure protection and preservation of Sanctuary wildlife consistent with the purposes of the Sanctuary designation and other applicable law governing the protection and preservation of wildlife resources in the Sanctuary. The Director will effect such modification by: (i) Publishing in the Federal Register, (ii) Posting official signs delineating such restrictions in accordance with paragraph (c)(1) of this section. (d) Ecological Reserves, Sanctuary Preservation Areas, and Special Use (Research only) Areas. (i) Discharging or depositing any material or other matter except cooling water or engine exhaust. (ii) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities. However, fish, invertebrates, and marine plants may be possessed aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such resources can be shown not to have been harvested within, removed from, or taken within, the Ecological Reserve or Sanctuary Preservation Area, as applicable, by being stowed in a cabin, locker, or similar storage area prior to entering and during transit through such reserves or areas, provided further that in an Ecological Reserve or Sanctuary Preservation Area located in Florida State waters, such vessel is in continuous transit through the Ecological Reserve or Sanctuary Preservation Area. (iii) Except for catch and release fishing by trolling in the Conch Reef, Alligator Reef, Sombrero Reef, and Sand Key SPAs, fishing by any means. However, gear capable of harvesting fish may be aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such gear is not available for immediate use when entering and during transit through such Ecological Reserve or Sanctuary Preservation Area, and no presumption of fishing activity shall be drawn therefrom. (iv) Touching living or dead coral, including but not limited to, standing on a living or dead coral formation. (v) Anchoring in the Tortugas Ecological Reserve. (vi) Except in the Tortugas Ecological Reserve where mooring buoys must be used, anchoring instead of mooring when a mooring buoy is available or anchoring in other than a designated anchoring area when such areas have been designated and are available. (vii) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of this section, violating a temporary access restriction imposed by the Director pursuant to paragraph (d)(2) of this section. (viii) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of this section: entering the Tortugas South area of the Tortugas Ecological Reserve; or entering the Tortugas North area of the Tortugas Ecological Reserve without a valid access permit issued pursuant to § 922.167 or entering or leaving the Tortugas North area with a valid access permit issued pursuant to § 922.167 without notifying FKNMS staff at the Dry Tortugas National Park office by telephone or radio no less than 30 minutes and no more than 6 hours, before entering and upon leaving the Tortugas Ecological Reserve. (ix) Tying a vessel greater than 100 feet (30.48 meters) LOA, or tying more than one vessel (other than vessels carried on board a vessel) if the combined lengths would exceed 100 feet (30.48 meters) LOA, to a mooring buoy or to a vessel tied to a mooring buoy in the Tortugas Ecological Reserve. (2) The Director may temporarily restrict access to any portion of any Sanctuary Preservation Area or Ecological Reserve if the Director, on the basis of the best available data, information and studies, determines that a concentration of use appears to be causing or contributing to significant degradation of the living resources of the area and that such action is reasonably necessary to allow for recovery of the living resources of such area. The Director will provide for continuous monitoring of the area during the pendency of the restriction. The Director will provide public notice of the restriction by publishing a notice in the Federal Register, (e) Special-use Areas. (i) “Recovery area” to provide for the recovery of Sanctuary resources from degradation or other injury attributable to human uses; (ii) “Restoration area” to provide for restoration of degraded or otherwise injured Sanctuary resources; (iii) “Research-only area” to provide for scientific research or education relating to protection and management, through the issuance of a Sanctuary General permit for research pursuant to § 922.166 of these regulations; and (iv) “Facilitated-use area” to provide for the prevention of use or user conflicts or the facilitation of access and use, or to promote public use and understanding, of Sanctuary resources through the issuance of special-use permits. (2) A Special-use Area shall be no larger than the size the Director deems reasonably necessary to accomplish the applicable objective. (3) Persons conducting activities within any Special-use Area shall comply with the access and use restrictions specified in this paragraph and made applicable to such area by means of its designation as a “recovery area,” “restoration area,” “research-only area,” or “facilitated-use area.” Except for passage without interruption through the area or for law enforcement purposes, no person may enter a Special-use Area except to conduct or cause to be conducted the following activities: (i) In such area designated as a “recovery area” or a “restoration area”, habitat manipulation related to restoration of degraded or otherwise injured Sanctuary resources, or activities reasonably necessary to monitor recovery of degraded or otherwise injured Sanctuary resources; (ii) In such area designated as a “research only area”, scientific research or educational use specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a valid National Marine Sanctuary General or Historical Resources permit, or (iii) In such area designated as a “facilitated-use area”, activities specified by the Director or specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a valid Special-use permit. (4)(i) The Director may modify the number of, location of, or designations applicable to, Special-use Areas by publishing in the Federal Register, Federal Register (A) Prevent significant injury to Sanctuary resources where circumstances create an imminent risk to such resources; (B) Initiate restoration activity where a delay in time would significantly impair the ability of such restoration activity to succeed; (C) Initiate research activity where an unforeseen natural event produces an opportunity for scientific research that may be lost if research is not initiated immediately. (ii) If the Director determines that a notice of modification must be promulgated immediately in accordance with paragraph (e)(4)(i) of this section, the Director will, as part of the same notice, invite public comment and specify that comments will be received for 15 days after the effective date of the notice. As soon as practicable after the end of the comment period, the Director will either rescind, modify or allow the modification to remain unchanged through notice in the Federal Register. (5) In addition to paragraph (e)(3) of this section no person shall conduct activities listed in paragraph (d) of this section in “Research-only Areas.” (f) Additional Wildlife Management Areas, Ecological Reserves, Sanctuary Preservation Areas, or Special-use Areas, and additional restrictions in such areas, shall not take effect in Florida State waters unless first approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. (g) Anchoring on Tortugas Bank. (1) 24 deg. 32.00′ N 83 deg. 00.05′ W (2) 24 deg. 37.00′ N 83 deg. 06.00′ W (3) 24 deg. 39.00′ N 83 deg. 06.00′ W (4) 24 deg. 39.00′ N 83 deg. 00.05′ W (5) 24 deg. 32.00′ N 83 deg. 00.05′ W [62 FR 32161, June 12, 1997, as amended at 63 FR 43873, Aug. 17, 1998; 66 FR 4369, Jan. 17, 2001; 74 FR 38095, July 31, 2009] § 922.165 Emergency regulations. Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Emergency regulations shall not take effect in Florida territorial waters until approved by the Governor of the State of Florida. Any temporary regulation may be in effect for up to 60 days, with one 60-day extension. Additional or extended action will require notice and comment rulemaking under the Administrative Procedure Act, notice in local newspapers, notice to Mariners, and press releases. § 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 § 922.163 or § 922.164 if the activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Florida Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040. (2) For activities proposed to be conducted within any of the areas described in § 922.164 (b) through (e), the Director shall not issue a permit unless he or she further finds that such activities will further and are consistent with the purposes for which such area was established, as described in §§ 922.162 and 922.164 and in the management plan for the Sanctuary. (3) A person may conduct an activity otherwise prohibited by § 922.163 or § 922.164, if such activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part, and any additional permit issuance criteria and requirements in paragraphs (b), (c), (f), and (i) through (m) of this section. (b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit. (2) The Director, at his or her discretion, may issue a Survey/Inventory permit under this paragraph (b), subject to such terms and conditions as he or she deems appropriate, if the Director finds that such activity: (i) Satisfies the requirements for a permit issued under paragraph (a)(3) of this section; (ii) Either will be non-intrusive, not include any excavation, removal, or recovery of historical resources, and not result in destruction of, loss of, or injury to Sanctuary resources or qualities, or if intrusive, will involve no more than the minimum manual alteration of the seabed and/or the removal of artifacts or other material necessary for evaluative purposes and will cause no significant adverse impacts on Sanctuary resources or qualities; and (iii) That such activity will be conducted in accordance with all requirements of the Programmatic Agreement for the Management of Submerged Cultural Resources in the Florida Keys National Marine Sanctuary among NOAA, the Advisory Council on Historic Preservation, and the State of Florida (hereinafter SCR Agreement), and that such permit issuance is in accordance with such SCR Agreement. Copies of the SCR Agreement may also be examined at, and obtained from, the Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1305 East-West Highway, 12th floor, Silver Spring, MD 20910; or from the Florida Keys National Marine Sanctuary Office, P.O. Box 500368, Marathon, FL 33050. (c) National Marine Sanctuary Research/Recovery of Sanctuary Historical Resources Permit. (2) The Director, at his or her discretion, may issue a Research/Recovery of Historical Resources permit, under this paragraph (c), and subject to such terms and conditions as he or she deems appropriate, if the Director finds that: (i) Such activity satisfies the requirements for a permit issued under paragraph (a)(3) of this section; (ii) The recovery of the resource is in the public interest as described in the SCR Agreement; (iii) Recovery of the resource is part of research to preserve historic information for public use; and (iv) Recovery of the resource is necessary or appropriate to protect the resource, preserve historical information, and/or further the policies and purposes of the NMSA and the FKNMSPA, and that such permit issuance is in accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR Agreement. (d) National Marine Sanctuary Special-use Permit. (2) The Director, at his or her discretion, may issue a Special-use permit in accordance with this paragraph (d), and subject to such terms and conditions as he or she deems appropriate and the mandatory terms and conditions of section 310 of the NMSA, if the Director finds that issuance of such permit is reasonably necessary to: establish conditions of access to and use of any Sanctuary resource; or promote public use and understanding of any Sanctuary resources. No permit may be issued unless the activity is compatible with the purposes for which the Sanctuary was designated and can be conducted in a manner that does not destroy, cause the loss of, or injure any Sanctuary resource, and if for the deaccession/transfer of Sanctuary Historical Resources, unless such permit issuance is in accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR Agreement. (3) The Director may assess and collect fees for the conduct of any activity authorized by a Special-use permit issued pursuant to this paragraph (d). No Special-use permit shall be effective until all assessed fees are paid, unless otherwise provided by the Director by a fee schedule set forth as a permit condition. In assessing a fee, the Director shall include: (i) All costs incurred, or expected to be incurred, in reviewing and processing the permit application, including, but not limited to, costs for: (A) Number of personnel; (B) Personnel hours; (C) Equipment; (D) Biological assessments; (E) Copying; and (F) Overhead directly related to reviewing and processing the permit application; (ii) All costs incurred, or expected to be incurred, as a direct result of the conduct of the activity for which the Special-use permit is being issued, including, but not limited to: (A) 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; (B) The use of an official NOAA observer, including travel and expenses and personnel hours; and (C) Overhead costs directly related to the permitted activity; and (iii) An amount which represents the fair market value of the use of the Sanctuary resource and a reasonable return to the United States Government. (4) Nothing in this paragraph (d) shall be considered to require a person to obtain a permit under this paragraph for the conduct of any fishing activities within the Sanctuary. (e) Applications. (i) A detailed description of the proposed activity including a timetable for completion of the activity and the equipment, personnel and methodology to be employed; (ii) The qualifications and experience of all personnel; (iii) The financial resources available to the applicant to conduct and complete the proposed activity; (iv) A statement as to why it is necessary to conduct the activity within the Sanctuary; (v) The potential impacts of the activity, if any, on Sanctuary resources and qualities; (vi) The benefit to be derived from the activity; and (vii) Such other information as the Director may request depending on the type of activity. Copies of all other required licenses, permits, approvals, or other authorizations must be attached to the application. (2) Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems reasonably necessary to act on the application and may seek the views of any persons. The Director may require a site visit as part of the permit evaluation. Unless otherwise specified, the information requested must be received by the Director within 30 days of the postmark date of the request. Failure to provide such additional information on a timely basis may be deemed by the Director to constitute abandonment or withdrawal of the permit application. (f) A permit may be issued for a period not exceeding five years. All permits will be reviewed annually to determine the permittee's compliance with permit scope, purpose, terms and conditions and progress toward reaching the stated goals and appropriate action taken under paragraph (g) of this section if warranted. A permittee may request permit renewal pursuant to the same procedures for applying for a new permit. Upon the permittee's request for renewal, the Director shall review all reports submitted by the permittee as required by the permit conditions. In order to renew the permit, the Director must find that the: (1) Activity will continue to further the purposes for which the Sanctuary was designated in accordance with the criteria applicable to the initial issuance of the permit; (2) Permittee has at no time violated the permit, or these regulations; and (3) The activity has not resulted in any unforeseen adverse impacts to Sanctuary resources or qualities. (g) The Director may amend, suspend, or revoke a permit for good cause. The Director may deny a permit application, in whole or in part, if it is determined that the permittee or applicant has acted in violation of a previous permit, of these regulations, of the NMSA or FKNMSPA, or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in Subpart D of 15 CFR part 904. (h) The applicant for or holder of a National Marine Sanctuary permit may appeal the denial, conditioning, amendment, suspension or revocation of the permit in accordance with the procedures set forth in § 922.50. (i) A permit issued pursuant to this section other than a Special-use permit is nontransferable. Special-use permits may be transferred, sold, or assigned with the written approval of the Director. The permittee shall provide the Director with written notice of any proposed transfer, sale, or assignment no less than 30 days prior to its proposed consummation. Transfers, sales, or assignments consummated in violation of this requirement shall be considered a material breach of the Special-use permit, and the permit shall be considered void as of the consummation of any such transfer, sale, or assignment. (j) The permit or a copy thereof shall be maintained in legible condition on board all vessels or aircraft used in the conduct of the permitted activity and be displayed for inspection upon the request of any authorized officer. (k) Any permit issued pursuant to this section shall be subject to the following terms and conditions: (1) All permitted activities shall be conducted in a manner that does not destroy, cause the loss of, or injure Sanctuary resources or qualities, except to the extent that such may be specifically authorized. (2) The permittee agrees to hold the United States harmless against any claims arising out of the conduct of the permitted activities. (3) All necessary Federal, State, and local permits from all agencies with jurisdiction over the proposed activities shall be secured before commencing field operations. (l) In addition to the terms and conditions listed in paragraph (k) of this section, any permit authorizing the research/recovery of historical resources shall be subject to the following terms and conditions: (1) A professional archaeologist shall be in charge of planning, field recovery operations, and research analysis. (2) An agreement with a conservation laboratory shall be in place before field recovery operations are begun, and an approved nautical conservator shall be in charge of planning, conducting, and supervising the conservation of any artifacts and other materials recovered. (3) A curation agreement with a museum or facility for curation, public access and periodic public display, and maintenance of the recovered historical resources shall be in place before commencing field operations (such agreement for the curation and display of recovered historical resources may provide for the release of public artifacts for deaccession/transfer if such deaccession/transfer is consistent with preservation, research, education, or other purposes of the designation and management of the Sanctuary. Deaccession/transfer of historical resources requires a Special-use permit issued pursuant to paragraph (d) and such deaccession/transfer shall be executed in accordance with the requirements of the SCR Agreement). (4) The site's archaeological information is fully documented, including measured drawings, site maps drawn to professional standards, and photographic records. (m) In addition to the terms and conditions listed in paragraph (k) and (l) of this section, any permit issued pursuant to this section is subject to such other terms and conditions, including conditions governing access to, or use of, Sanctuary resources, as the Director deems reasonably necessary or appropriate and in furtherance of the purposes for which the Sanctuary is designated. Such terms and conditions may include, but are not limited to: (1) Any data or information obtained under the permit shall be made available to the public. (2) A NOAA official shall be allowed to observe any activity conducted under the permit. (3) The permittee shall submit one or more reports on the status, progress, or results of any activity authorized by the permit. (4) The permittee shall submit an annual report to the Director not later than December 31 of each year on activities conducted pursuant to the permit. The report shall describe all activities conducted under the permit and all revenues derived from such activities during the year and/or term of the permit. (5) The permittee shall purchase and maintain general liability insurance or other acceptable security against potential claims for destruction, loss of, or injury to Sanctuary resources arising out of the permitted activities. The amount of insurance or security should be commensurate with an estimated value of the Sanctuary resources in the permitted area. A copy of the insurance policy or security instrument shall be submitted to the Director. [62 FR 32161, June 12, 1997, as amended at 88 FR 970, Jan. 6, 2023] § 922.167 Permits for access to the Tortugas Ecological Reserve. (a) A person may enter the Tortugas North area of the Tortugas Ecological Reserve other than for passage without interruption through the reserve, for law enforcement purposes, or for purposes of monitoring pursuant to paragraph (d)(2) of § 922.164, if authorized by a valid access permit issued pursuant to § 922.167. (b)(1) Access permits must be requested at least 72 hours but no longer than one month before the date the permit is desired to be effective. Access permits do not require written applications or the payment of any fee. Permits may be requested via telephone or radio by contacting FKNMS at any of the following numbers: Key West office: telephone: (305) 292-0311 Marathon office: telephone: (305) 743-2437 (2) The following information must be provided, as applicable: (i) Vessel name. (ii) Name, address, and telephone number of owner and operator. (iii) Name, address, and telephone number of applicant. (iv) USCG documentation, state license, or registration number. (v) Home port. (vi) Length of vessel and propulsion type ( i.e., (vii) Number of divers. (viii) Requested effective date and duration of permit (2 weeks, maximum). (c) The Sanctuary Superintendent will issue a permit to the owner or to the owner's representative for the vessel when all applicable information has been provided. The Sanctuary Superintendent will provide a permit number to the applicant and confirm the effective date and duration period of the permit. Written confirmation of permit issuance will be provided upon request. [66 FR 4370, Jan. 17, 2001] § 922.168 [Reserved] Appendix I to Subpart P of Part 922—Florida Keys National Marine Sanctuary Boundary Coordinates (Appendix Based on North American Datum of 1983) (1) The boundary of the Florida Keys National Marine Sanctuary— (a) Begins at the northeasternmost point of Biscayne National Park located at approximately 25 degrees 39 minutes north latitude, 80 degrees 05 minutes west longitude, then runs eastward to the point at 25 degrees 39 minutes north latitude, 80 degrees 04 minutes west longitude; and (b) Then runs southward and connects in succession the points at the following coordinates: (i) 25 degrees 34 minutes north latitude, 80 degrees 04 minutes west longitude, (ii) 25 degrees 28 minutes north latitude, 80 degrees 05 minutes west longitude, and (iii) 25 degrees 21 minutes north latitude, 80 degrees 07 minutes west longitude; (iv) 25 degrees 16 minutes north latitude, 80 degrees 08 minutes west longitude; (c) Then runs southwesterly approximating the 300-foot isobath and connects in succession the points at the following coordinates: (i) 25 degrees 07 minutes north latitude, 80 degrees 13 minutes west longitude, (ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes west longitude, (iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes west longitude, (iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes west longitude, (v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes west longitude, (vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes west longitude, (vii) 24 degrees 37 minutes north latitude, 83 degrees 06 minutes west longitude, (viii) 24 degrees 46 minutes north latitude, 83 degrees 06 minutes west longitude, (ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes west longitude, (x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes west longitude, (xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes west longitude, and (xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes west longitude; (d) Then follows the boundary of Everglades National Park in a southerly then northeasterly direction through Florida Bay, Buttonwood Sound, Tarpon Basin, and Blackwater Sound; (e) After Division Point, then departs from the boundary of Everglades National Park and follows the western shoreline of Manatee Bay, Barnes Sound, and Card Sound; (f) then follows the southern boundary of Biscayne National Park to the southeasternmost point of Biscayne National Park; and (g) then follows the eastern boundary of Biscayne National Park to the beginning point specified in paragraph (a). (2) The shoreward boundary of the Florida Keys National Marine Sanctuary is the mean high-water mark except around the Dry Tortugas where the boundary is coterminous with that of the Dry Tortugas National Park, formed by connecting in succession the points at the following coordinates: (a) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; (b) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 second west longitude; (c) 24 degrees 39 minutes 0 seconds north latitude, 82 degrees 58 minutes 0 seconds west longitude; (d) 24 degrees 43 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude; (e) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 52 minutes 0 seconds west longitude; (f) 24 degrees 43 minutes 32 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; (g) 24 degrees 42 minutes 0 seconds north latitude, 82 degrees 46 minutes, 0 seconds west longitude; (h) 24 degrees 40 minutes 0 seconds north latitude, 82 degrees 46 minutes 0 seconds west longitude; (i) 24 degrees 37 minutes 0 seconds north latitude, 82 degrees 48 minutes 0 seconds west longitude; and (j) 24 degrees 34 minutes 0 seconds north latitude, 82 degrees 54 minutes 0 seconds west longitude. (3) The Florida Keys National Marine Sanctuary also includes the area located within the boundary formed by connecting in succession the points at the following coordinates: (a) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude, (b) 24 degrees 33 minutes north latitude, 83 degrees 05 minutes west longitude, and (c) 24 degrees 18 minutes north latitude, 83 degrees 05 minutes west longitude; (d) 24 degrees 18 minutes north latitude, 83 degrees 09 minutes west longitude; and (e) 24 degrees 33 minutes north latitude, 83 degrees 09 minutes west longitude. [66 FR 4370, Jan. 17, 2001] Appendix II to Subpart P of Part 922—Existing Management Areas Boundary Coordinates (1) The boundary of each of the Existing Management Areas is formed by connecting in succession the points at the following coordinates: National Oceanic and Atmospheric Administration Key Largo-Management Area [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.19′45″ N 80 deg.12′00″ W. 2 25 deg.16′02″ N 80 deg.08′07″ W. 3 25 deg.07′05″ N 80 deg.12′05″ W. 4 24 deg.58′03″ N 80 deg.19′08″ W. 5 25 deg.02′02″ N 80 deg.25′25″ W. 6 25 deg.19′45″ N 80 deg.12′00″ W. Looe Key Management Area [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.31′62″ N 81 deg.26′00″ W. 2 24 deg.33′57″ N 81 deg.26′00″ W. 3 24 deg.34′15″ N 81 deg.23′00″ W. 4 24 deg.32′20″ N 81 deg.23′00″ W. 5 24 deg.31′62″ N 81 deg.26′00″ W. United States Fish and Wildlife Service Great White Heron National Wildlife Refuge [Based on the North American Datum of 1983] Point Latitude Longitude 1 24 deg.43.8′ N 81 deg.48.6′ W. 2 24 deg.43.8′ N 81 deg.37.2′ W. 3 24 deg.49.2′ N 81 deg.37.2′ W. 4 24 deg.49.2′ N 81 deg.19.8′ W. 5 24 deg.48.0′ N 81 deg.19.8′ W. 6 24 deg.48.0′ N 81 deg.14.4′ W. 7 24 deg.49.2′ N 81 deg.14.4′ W. 8 24 deg.49.2′ N 81 deg.08.4′ W. 9 24 deg.43.8′ N 81 deg.08.4′ W. 10 24 deg.43.8′ N 81 deg.14.4′ W. 11 24 deg.43.2′ N 81 deg.14.4′ W. 12 24 deg.43.2′ N 81 deg.16.2′ W. 13 24 deg.42.6′ N 81 deg.16.2′ W. 14 24 deg.42.6′ N 81 deg.21.0′ W. 15 24 deg.41.4′ N 81 deg.21.0′ W. 16 24 deg.41.4′ N 81 deg.22.2′ W. 17 24 deg.43.2′ N 81 deg.22.2′ W. 18 24 deg.43.2′ N 81 deg.22.8′ W. 19 24 deg.43.8′ N 81 deg.22.8′ W. 20 24 deg.43.8′ N 81 deg.24.0′ W. 21 24 deg.43.2′ N 81 deg.24.0′ W. 22 24 deg.43.2′ N 81 deg.26.4′ W. 23 24 deg.43.8′ N 81 deg.26.4′ W. 24 24 deg.43.8′ N 81 deg.27.0′ W. 25 24 deg.43.2′ N 81 deg.27.0′ W. 26 24 deg.43.2′ N 81 deg.29.4′ W. 27 24 deg.42.6′ N 81 deg.29.4′ W. 28 24 deg.42.6′ N 81 deg.30.6′ W. 29 24 deg.41.4′ N 81 deg.30.6′ W. 30 24 deg.41.4′ N 81 deg.31.2′ W. 31 24 deg.40.8′ N 81 deg.31.2′ W. 32 24 deg.40.8′ N 81 deg.32.4′ W. 33 24 deg.41.4′ N 81 deg.32.4′ W. 34 24 deg.41.4′ N 81 deg.34.2′ W. 35 24 deg.40.8′ N 81 deg.34.2′ W. 36 24 deg.48.0′ N 81 deg.35.4′ W. 37 24 deg.39.6′ N 81 deg.35.4′ W. 38 24 deg.39.6′ N 81 deg.36.0′ W. 39 24 deg.39.0′ N 81 deg.36.0′ W. 40 24 deg.39.0′ N 81 deg.37.2′ W. 41 24 deg.37.8′ N 81 deg.37.2′ W. 42 24 deg.37.8′ N 81 deg.37.8′ W. 43 24 deg.37.2′ N 81 deg.37.8′ W. 44 24 deg.37.2′ N 81 deg.40.2′ W. 45 24 deg.36.0′ N 81 deg.40.2′ W. 46 24 deg.36.0′ N 81 deg.40.8′ W. 47 24 deg.35.4′ N 81 deg.40.8′ W. 48 24 deg.35.4′ N 81 deg.42.0′ W. 49 24 deg.36.0′ N 81 deg.42.0′ W. 50 24 deg.36.0′ N 81 deg.48.6′ W. 51 24 deg.43.8′ N 81 deg.48.6′ W. Key West National Wildlife Refuge [Based on the North American Datum of 1983] Point Latitude Longitude 1 24 deg.40.0′ N 81 deg.49.0′ W. 2 24 deg.40.0′ N 82 deg.10.0′ W. 3 24 deg.27.0′ N 82 deg.10.0′ W. 4 24 deg.27.0′ N 81 deg.49.0′ W. 5 24 deg.40.0′ N 81 deg.49.0′ W. (2) When differential Global Positioning Systems data becomes available, these coordinates may be publication in the Federal Register [66 FR 4371, Jan. 17, 2001] Appendix III to Subpart P of Part 922—Wildlife Management Areas Access Restrictions Area Access restrictions Bay Keys No-motor zone (300 feet) around one key; idle speed only/no-wake zones in tidal creeks. Boca Grande Key South one-half of beach closed (beach above mean high water closed by Department of the Interior). Woman Key One-half of beach and sand spit on southeast side closed (beach and sand spit above mean high water closed by Department of the Interior). Cayo Agua Keys Idle speed only/no-wake zones in all navigable tidal creeks. Cotton Key No-motor zone on tidal flat. Snake Creek No-motor zone on tidal flat. Cottrell Key No-motor zone (300 feet) around entire key. Little Mullet Key No-access buffer zone (300 feet) around entire key. Big Mullet Key No-motor zone (300 feet) around entire key. Crocodile Lake No-access buffer zone (100 feet) along shoreline between March 1 and October 1. East Harbor Key No-access buffer zone (300 feet) around northernmost island. Lower Harbor Keys Idle speed only/no-wake zones in selected tidal creeks. Eastern Lake Surprise Idle speed only/no-wake zone east of highway U.S. 1. Horseshoe Key No-access buffer zone (300 feet) around main island (main island closed by Department of the Interior). Marquesas Keys (i) No-motor zones (300 feet) around three smallest keys on western side of chain; (ii) no-access buffer zone (300 feet) around one island at western side of chain; (iii) idle speed only/no-wake zone in southwest tidal creek. Tidal flat south of Marvin Key No-access buffer zone on tidal flat. Mud Keys (i) Idle speed only/no-wake zones in the two main tidal creeks; (ii) two smaller creeks on west side closed. Pelican Shoal No-access buffer zone out to 50 meters from shore between April 1 and August 31 (shoal closed by the Florida Game and Freshwater Fish Commission). Rodriguez Key No-motor zone on tidal flats. Dove Key No-motor zone on tidal flats; area around the two small islands closed. Tavernier Key No-motor zone on tidal flats. Sawyer Keys Tidal creeks on south side closed. Snipe Keys (i) Idle speed only/no-wake zone in main tidal creek; (ii) no-motor zone in all other tidal creeks. Upper Harbor Key No-access buffer zone (300 feet) around entire key. East Content Keys Idle speed only/no-wake zones in tidal creeks between southwesternmost keys. West Content Keys Idle speed only/no-wake zones in selected tidal creeks; no-access buffer zone in one cove. Little Crane Key No-access buffer zone (300 feet) around entire key. Appendix IV to Subpart P of Part 922—Ecological Reserves Boundary Coordinates (1) The boundary of the Western Sambo Ecological Reserve is formed by connecting in succession the points at the following coordinates: Western Sambo [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.33.70′ N 81 deg.40.80′ W. 2 24 deg.28.85′ N 81 deg.41.90′ W. 3 24 deg.28.50′ N 81 deg.43.70′ W. 4 24 deg.33.50′ N 81 deg.43.10′ W. 5 24 deg.33.70′ N 81 deg.40.80′ W. (2) The Tortugas Ecological Reserve consists of two discrete areas, Tortugas North and Tortugas South. (3) The boundary of Tortugas North is formed by connecting in succession the points at the following coordinates: Tortugas North Point Latitude Longitude 1 24 deg.46.00′ N 83 deg.06.00′ W. 2 24 deg.46.00′ N 82 deg.54.00′ W. 3 24 deg.45.80′ N 82 deg.48.00′ W. 4 24 deg.43.53′ N 82 deg.48.00′ W. 5 24 deg.43.53′ N 82 deg.52.00′ W. 6 24 deg.43.00′ N 82 deg.54.00′ W. 7 24 deg.39.00′ N 82 deg.58.00′ W. 8 24 deg.39.00′ N 83 deg.06.00′ W. 9 24 deg.46.00′ N 83 deg.06.00′ W. (4) The boundary of Tortugas South is formed by connecting in succession the points at the following coordinates: Tortugas South Point Latitude Longitude 1 24 deg.33.00′ N 83 deg.09.00′ W. 2 24 deg.33.00′ N 83 deg.05.00′ W. 3 24 deg.18.00′ N 83 deg.05.00′ W. 4 24 deg.18.00′ N 83 deg.09.00′ W. 5 24 deg.33.00′ N 83 deg.09.00′ W. [66 FR 4372, Jan. 17, 2001] Appendix V to Subpart P of Part 922—Sanctuary Preservation Areas Boundary Coordinates The boundary of each of the Sanctuary Preservation Areas (SPAs) is formed by connecting in succession the points at the following coordinates: Alligator Reef [Based on differential Global Positioning Systems data] Point Latitute Longitude 1 24 deg.50.98′ N 80 deg.36.84′ W. 2 24 deg.50.51′ N 80 deg.37.35′ W. 3 24 deg.50.81′ N 80 deg.37.63′ W. 4 24 deg.51.23′ N 80 deg.37.17′ W. 5 24 deg.50.98′ N 80 deg.36.84′ W. Catch and release fishing by trolling only is allowed in this SPA. Carysfort/South Carysfort Reef [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.13.78′ N 80 deg.12.00′ W. 2 25 deg.12.03′ N 80 deg.12.98′ W. 3 25 deg.12.24′ N 80 deg.13.77′ W. 4 25 deg.14.13′ N 80 deg.12.78′ W. 5 25 deg.13.78′ N 80 deg.12.00′ W. Cheeca Rocks [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.54.42′ N 80 deg.36.91′ W. 2 24 deg.54.25′ N 80 deg.36.77′ W. 3 24 deg.54.10′ N 80 deg.37.00′ W. 4 24 deg.54.22′ N 80 deg.37.15′ W. 5 24 deg.54.42′ N 80 deg.36.91′ W. Coffins Patch [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.41.47′ N 80 deg.57.68′ W. 2 24 deg.41.12′ N 80 deg.57.53′ W. 3 24 deg.40.75′ N 80 deg.58.33′ W. 4 24 deg.41.06′ N 80 deg.58.48′ W. 5 24 deg.41.47′ N 80 deg.57.68′ W. Conch Reef [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.57.48′ N 80 deg.27.47′ W. 2 24 deg.57.34′ N 80 deg.27.26′ W. 3 24 deg.56.78′ N 80 deg.27.52′ W. 4 24 deg.56.96′ N 80 deg.27.73′ W. 5 24 deg.57.48′ N 80 deg.27.47′ W. Catch and release fishing by trolling only is allowed in this SPA. Davis Reef [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.55.61′ N 80 deg.30.27′ W. 2 24 deg.55.41′ N 80 deg.30.05′ W. 3 24 deg.55.11′ N 80 deg.30.35′ W. 4 24 deg.55.34′ N 80 deg.30.52′ W. 5 24 deg.55.61′ N 80 deg.30.27′ W. Dry Rocks [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.07.59′ N 80 deg.17.91′ W. 2 25 deg.07.41′ N 80 deg.17.70′ W. 3 25 deg.07.25′ N 80 deg.17.82′ W. 4 25 deg.07.41′ N 80 deg.18.09′ W. 5 25 deg.07.59′ N 80 deg.17.91′ W. Grecian Rocks [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.06.91′ N 80 deg.18.20′ W. 2 25 deg.06.67′ N 80 deg.18.06′ W. 3 25 deg.06.39′ N 80 deg.18.32′ W. 4 25 deg.06.42′ N 80 deg.18.48′ W. 5 25 deg.06.81′ N 80 deg.18.44′ W. 6 25 deg.06.91′ N 80 deg.18.20′ W. Eastern Dry Rocks [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.27.92′ N 81 deg.50.55′ W. 2 24 deg.27.73′ N 81 deg.50.33′ W. 3 24 deg.27.47′ N 81 deg.50.80′ W. 4 24 deg.27.72′ N 81 deg.50.86′ W. 5 24 deg.27.92′ N 81 deg.50.55′ W. The Elbow [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.08.97′ N 80 deg.15.63′ W. 2 25 deg.08.95′ N 80 deg.15.22′ W. 3 25 deg.08.18′ N 80 deg.15.64′ W. 4 25 deg.08.50′ N 80 deg.16.07′ W. 5 25 deg.08.97′ N 80 deg.15.63′ W. French Reef [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.02.20′ N 80 deg.20.63′ W. 2 25 deg.01.81′ N 80 deg.21.02′ W. 3 25 deg.02.36′ N 80 deg.21.27′ W. 4 25 deg.02.20′ N 80 deg.20.63′ W. Hen and Chickens [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.56.38′ N 80 deg.32.86′ W. 2 24 deg.56.21′ N 80 deg.32.63′ W. 3 24 deg.55.86′ N 80 deg.32.95′ W. 4 24 deg.56.04′ N 80 deg.33.19′ W. 5 24 deg.56.38′ N 80 deg.32.86′ W. Looe Key [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.33.24′ N 81 deg.24.03′ W. 2 24 deg.32.70′ N 81 deg.23.85′ W. 3 24 deg.32.52′ N 81 deg.24.70′ W. 4 24 deg.33.12′ N 81 deg.24.81′ W. 5 24 deg.33.24′ N 81 deg.24.03′ W. Molasses Reef [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 25 deg.01.00′ N 80 deg.22.53′ W. 2 25 deg.01.06′ N 80 deg.21.84′ W. 3 25 deg.00.29′ N 80 deg.22.70′ W. 4 25 deg.00.72′ N 80 deg.22.83′ W. 5 25 deg.01.00′ N 80 deg.22.53′ W. Newfound Harbor Key [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.37.10′ N 81 deg.23.34′ W. 2 24 deg.36.85′ N 81 deg.23.28′ W. 3 24 deg.36.74′ N 81 deg.23.80′ W. 4 24 deg.37.00′ N 81 deg.23.86′ W. 5 24 deg.37.10′ N 81 deg.23.34′ W. Rock Key [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.27.48′ N 81 deg.51.35′ W. 2 24 deg.27.30′ N 81 deg.51.15′ W. 3 24 deg.27.21′ N 81 deg.51.60′ W. 4 24 deg.27.45′ N 81 deg.51.65′ W. 5 24 deg.27.48′ N 81 deg.51.35′ W. Sand Key [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.27.58′ N 81 deg.52.29′ W. 2 24 deg.27.01′ N 81 deg.52.32′ W. 3 24 deg.27.02′ N 81 deg.52.95′ W. 4 24 deg.27.61′ N 81 deg.52.94′ W. 5 24 deg.27.58′ N 81 deg.52.29′ W. Catch and release fishing by trolling only is allowed in this SPA. Sombrero Key [Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.37.91′ N 81 deg.06.78′ W. 2 24 deg.37.50′ N 81 deg.06.19′ W. 3 24 deg.37.25′ N 81 deg.06.89′ W. 4 24 deg.37.91′ N 81 deg.06.78′ W. Catch and release fishing by trolling only is allowed in this SPA. [66 FR 4373, Jan. 17, 2001] Appendix VI to Subpart P of Part 922—Special-Use Areas Boundary Coordinates and Use Designations The boundary of each of the Special-Use is formed by connecting in succession the points at the following coordinates: Conch Reef (Research Only)—[Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.56.83′ N 80 deg.27.26′ W. 2 24 deg.57.10′ N 80 deg.26.93′ W. 3 24 deg.56.99′ N 80 deg.27.42′ W. 4 24 deg.57.34′ N 80 deg.27.26′ W. 5 24 deg.56.83′ N 80 deg.27.26′ W. Eastern Sambo (Research Only)—[Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.29.84′ N 81 deg.39.59′ W. 2 24 deg.29.55′ N 81 deg.39.35′ W. 3 24 deg.29.37′ N 81 deg.39.96′ W. 4 24 deg.29.77′ N 81 deg.40.03′ W. 5 24 deg.29.84′ N 81 deg.39.59′ W. Looe Key (Research Only)—[Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.34.17′ N 81 deg.23.01′ W. 2 24 deg.33.98′ N 81 deg.22.96′ W. 3 24 deg.33.84′ N 81 deg.23.60′ W. 4 24 deg.34.23′ N 81 deg.23.68′ W. 5 24 deg.34.17′ N 81 deg.23.01′ W. Tennessee Reef (Research Only)—[Based on differential Global Positioning Systems data] Point Latitude Longitude 1 24 deg.44.77′ N 80 deg.47.12′ W. 2 24 deg.44.57′ N 80 deg.46.98′ W. 3 24 deg.44.68′ N 80 deg.46.59′ W. 4 24 deg.44.95′ N 80 deg.46.74′ W. 5 24 deg.44.77′ N 80 deg.47.12′ W. [66 FR 4376, Jan. 17, 2001] Appendix VII to Subpart P of Part 922—Areas To Be Avoided Boundary Coordinates In The Vicinity of the Florida Keys [Reference Charts: United States 11466, 27th Edition—September 1, 1990 and United States 11450, 4th Edition—August 11, 1990] Point Latitude Longitude 1 25°45.00′ N 80°06.10′ W 2 25°38.70′ N 80°02.70′ W 3 25°22.00′ N 80°03.00′ W 4 25°06.38′ N 80°10.48′ W 5 24°56.37′ N 80°19.26′ W 6 24°37.90′ N 80°47.30′ W 7 24°29.20′ N 81°17.30′ W 8 24°22.30′ N 81°43.17′ W 9 24°28.00′ N 81°43.17′ W 10 24°28.70′ N 81°43.50′ W 11 24°29.80′ N 81°43.17′ W 12 24°33.10′ N 81°35.15′ W 13 24°33.60′ N 81°26.00′ W 14 24°38.20′ N 81°07.00′ W 15 24°43.20′ N 80°53.20′ W 16 24°46.10′ N 80°46.15′ W 17 24°51.10′ N 80°37.10′ W 18 24°57.50′ N 80°27.50′ W 19 25°09.90′ N 80°16.20′ W 20 25°24.00′ N 80°09.10′ W 21 25°31.50′ N 80°07.00′ W 22 25°39.70′ N 80°06.85′ W 23 25°45.00′ N 80°06.10′ W In the Vicinity of Key West Harbor [Reference Chart: United States 11434, 21st Edition—August 11, 1990] Point Latitude Longitude 24 24 deg.27.95' N 81 deg.48.65' W. 25 24 deg.23.00' N 81 deg.53.50' W. 26 24 deg.26.60' N 81 deg.58.50' W. 27 24 deg.27.75' N 81 deg.55.70' W. 28 24 deg.29.35' N 81 deg.53.40' W. 29 24 deg.29.35' N 81 deg.50.00' W. 30 24 deg.27.95' N 81 deg.48.65' W. Area Surrounding the Marquesas Keys [Reference Chart: United States 11434, 21st Edition—August 11, 1990] Point Latitude Longitude 31 24 deg.26.60' N 81 deg.59.55' W. 32 24 deg.23.00' N 82 deg.03.50' W. 33 24 deg.23.60' N 82 deg.27.80' W. 34 24 deg.34.50' N 82 deg.37.50' W. 35 24 deg.43.00' N 82 deg.26.50' W. 36 24 deg.38.31' N 81 deg.54.06' W. 37 24 deg.37.91' N 81 deg.53.40' W. 38 24 deg.36.15' N 81 deg.51.78' W. 39 24 deg.34.40' N 81 deg.50.60' W. 40 24 deg.33.44' N 81 deg.49.73' W. 41 24 deg.31.20' N 81 deg.52.10' W. 42 24 deg.28.70' N 81 deg.56.80' W. 43 24 deg.26.60' N 81 deg.59.55' W. Area Surrounding the Dry Tortugas Islands [Reference Chart: United States 11434, 21st Edition—August 11, 1990] Point Latitude Longitude 44 24 deg.32.00' N 82 deg.53.50' W. 45 24 deg.32.00' N 83 deg.00.05' W. 46 24 deg.39.70' N 83 deg.00.05' W. 47 24 deg.45.60' N 82 deg.54.40' W. 48 24 deg.45.60' N 82 deg.47.02' W. 49 24 deg.42.80' N 82 deg.43.90' W. 50 24 deg.39.50' N 82 deg.43.90' W. 51 24 deg.35.60' N 82 deg.46.40' W. 52 24 deg.32.00' N 82 deg.53.50' W. [66 FR 4377, Jan. 17, 2001, as amended at 66 FR 34534, June 29, 2001] Subpart Q—Hawaiian Islands Humpback Whale National Marine Sanctuary Authority: 16 U.S.C. 1431 et seq. Source: 64 FR 66570, Nov. 29, 1999, unless otherwise noted. § 922.180 Purpose. (a) The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary was designated, in order to protect, preserve, and manage the conservation, ecological, recreational, research, educational, historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to supplement and complement existing regulatory authorities; to facilitate to the extent compatible with the primary objective of protecting the humpback whale and its habitat, all public and private uses of the Sanctuary, including uses of Hawaiian natives customarily and traditionally exercised for subsistence, cultural, and religious purposes, as well as education, research, recreation, commercial and military activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback whale and its habitat; to contribute to the maintenance of natural assemblages of humpback whales for future generations; to provide a place for humpback whales that are dependent on their Hawaiian Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and NMSA. (b) These regulations may be modified to fulfill the Secretary's responsibilities for the Sanctuary, including the provision of additional protections for humpback whales and their habitat, if reasonably necessary, and the conservation and management of other marine resources, qualities and ecosystems of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor of the State of Hawaii on any modification to the regulations contained in this part. For any modification of the regulations contained in this part that would constitute a change in a term of the designation, as contained in the Designation Document for the Sanctuary, the Secretary shall follow the applicable requirements of sections 303 and 304 of the NMSA, and sections 2305 and 2306 of the HINMSA. (c) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the Sanctuary management plan and regulations in their entirety with any proposed changes thereto. The Governor of the State of Hawaii will have the opportunity to review the re-proposed management plan and regulations before they take effect and if the Governor certifies any term or terms of such management plan or regulations as unacceptable, the unacceptable term or terms will not take effect in State waters of the Sanctuary. § 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) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; (2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; (3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; (4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; (5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. (b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors: Hawaii (Big Island) Kawaihae Boat Harbor & Small Boat Basin Lanai Kaumalapau Harbor, Manele Harbor Maui Lahaina Boat Harbor Maalaea Boat Harbor Molokai Hale o Lono Harbor Kaunakakai Harbor Oahu Kuapa Pond (Hawaii Kai) (c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear in appendix A of this subpart Q. [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023] § 922.182 Definitions. (a) Acts et seq. Adverse impact Alteration of the seabed Habitat Military activities Sanctuary Sanctuary resource Shoreline Take or taking a humpback whale (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., et seq. [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023] § 922.183 Allowed activities. (a) All activities except those prohibited by § 922.184 may be undertaken in the Sanctuary subject to any emergency regulations promulgated pursuant to § 922.185, subject to the interagency cooperation provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and § 922.187 of this subpart, and subject to the liability established by section 312 of the NMSA and § 922.46 of this part. All activities are also subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or county authority of competent jurisdiction. (b) Included as activities allowed under the first sentence of paragraph (a) of this § 922.183 are all classes of military activities, internal or external to the Sanctuary, that are being or have been conducted before the effective date of these regulations, as identified in the Final Environmental Impact Statement/Management Plan. Paragraphs (a)(1) through (a)(5) of § 922.184 do not apply to these classes of activities, nor are these activities subject to further consultation under section 304(d) of the NMSA. (c) Military activities proposed after the effective date of these regulations are also included as allowed activities under the first sentence of paragraph (a) of this § 922.183. Paragraphs (a)(1) through (a)(5) of § 922.184 apply to these classes of activities unless— (1) They are not subject to consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or (2) Upon consultation under section 304(d) of the NMSA and § 922.187 of this subpart, NOAA's findings and recommendations include a statement that paragraphs (a)(1) through (a)(5) of § 922.184 do not apply to the military activity. (d) If a military activity described in paragraphs (b) or (c)(2) of this § 922.183 is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or if the modified activity is likely to destroy, cause the loss of, or injure any Sanctuary resource not considered in a previous consultation under section 304(d) of the NMSA and § 922.187 of this subpart, the modified activity will be treated as a new military activity under paragraph (c) of this section. (e) If a proposed military activity subject to section 304(d) of the NMSA and § 922.187 of this subpart is necessary to respond to an emergency situation and the Secretary of Defense determines in writing that failure to undertake the proposed activity during the period of consultation would impair the national defense, the Secretary of the military department concerned may request the Director that the activity proceed during consultation. If the Director denies such a request, the Secretary of the military department concerned may decide to proceed with the activity. In such case, the Secretary of the military department concerned shall provide the Director with a written statement describing the effects of the activity on Sanctuary resources once the activity is completed. § 922.184 Prohibited activities. (a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted. (1) Approaching, or causing a vessel or other object to approach, within the Sanctuary, by any means, within 100 yards of any humpback whale except as authorized under the Marine Mammal Protection Act, as amended (MMPA), 16 U.S.C. 1361 et seq., et seq.; (2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as necessary for takeoff or landing from an airport or runway, or as authorized under the MMPA and the ESA; (3) Taking any humpback whale in the Sanctuary except as authorized under the MMPA and the ESA; (4) Possessing within the Sanctuary (regardless of where taken) any living or dead humpback whale or part thereof taken in violation of the MMPA or the ESA; (5) Discharging or depositing any material or other matter in the Sanctuary; altering the seabed of the Sanctuary; or discharging or depositing any material or other matter outside the Sanctuary if the discharge or deposit subsequently enters and injures a humpback whale or humpback whale habitat, provided that such activity: (i) Requires a Federal or State permit, license, lease, or other authorization; and (ii) Is conducted: (A) Without such permit, license, lease, or other authorization, or (B) not in compliance with the terms or conditions of such permit, license, lease, or other authorization. (6) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of either of the Acts or any regulations issued under either of the Acts. (b) The prohibitions in paragraphs (a)(1) through (a)(5) of this § 922.184 do not apply to activities necessary to respond to emergencies threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. However, while such activities are not subject to paragraphs (a)(1) through (a)(5) of this § 922.184, this paragraph (b) does not exempt the activity from the underlying prohibition or restriction under other applicable laws and regulations (e.g., MMPA, ESA, and CWA). (c) Any Sanctuary fishery regulations shall not take effect in Hawaii State waters until established by the State Board of Land and Natural Resources. § 922.185 Emergency regulations. Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Before issuance of such regulations the Director shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of Hawaii. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by the Governor of Hawaii. § 922.186 Penalties; appeals. (a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or any regulation in this subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a continuing violation constitutes a separate violation. (b) Regulations setting forth the procedures governing the administrative proceedings for assessment of civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904. (c) A person subject to an action taken for enforcement reasons for violation of these regulations or either of the Acts may appeal pursuant to the applicable procedures in 15 CFR part 904. § 922.187 Interagency Cooperation. Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all environmental requirements. 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. Appendix A provides a text and pictoral (see Figures 1-3) description of the Sanctuary boundary with specific lateral closure points and exclusion areas. The lateral extents (bounds) of each boundary area are closed by straight lines defined by at least two points. It may be necessary to extend these lines beyond the defining points to intersect the actual 100 fathom contour or the shoreline. Each point corresponds to a bounds number indicated in Figure 2. Digital files of the Sanctuary boundary (available in three common formats, ESRI Shape File, MapInfo Table, and an ASCII Exchange Format) are available from the Sanctuary office in Kihei, Maui, at the address listed above or by calling (808) 879-2818. These digital geographies are the best available representation of the verbal legal delineation and were derived from: the Hawaiian shoreline as supplied by State of Hawaii through the Office of Planning GIS Office, the NOAA and State of Hawaii agreed upon lateral boundary and exclusion areas, and the 100 fathom isobath digitized from the following 1:80,000 scale NOAA nautical charts-19327—West Coast of Hawaii (9th ED, 4/29/89), 19347—Channels between Molokai, Maui, Lanai, and Kahoolawe (17th ED, 12/13/97), 19351—Channels between Oahu, Molokai, and Lanai (8th ED, 7/01/1989), 19357—Island of Oahu (20th ED, 9/21/1996), and 19381—Island of Kauai (8th ED, 7/17/1993)]. For the portion of the Lanai region of the HIHWNMS west of Chart 19351,[157°42.8′ west] the 100 fathom contour was derived from the 1:250,000 chart 19340—Hawaii to Oahu (24th ED, 1/09/1993). All digital geography data have been referenced to WGS84 (NAD83) and have been converted to geographic (latitude and longitude) coordinates. Sanctuary Boundary A. As defined by the specific lateral boundaries in B, and except for excluded areas described in paragraph C of this section, the Hawaiian Islands Humpback Whale National Marine Sanctuary 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 (see Figure 1): 1. To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai; 2. To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu; 3. To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point, Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui; 4. To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and southward; 5. To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii. B. Lateral Closure Bounds for the Hawaiian Islands Humpback Whale National Marine Sanctuary Boundary (see Figure 2). Bound No. Geographic name Number of 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 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. Halawa to Lipoa Pt 2 21.02494 −156.63944 8b Pailolo Channel, C. Halaw to Lipoa Pt 21.15819 −156.71033 9a Hanamanoia Lighthouse, Maui 2 20.57272 −156.44753 9b Hanamanoia Lighthouse, Maui 20.58289 −156.41256 10a 3 Nmi. closure around Kahoolawe 51 20.59947 −156.49222 10b 3 Nmi. closure around Kahoolawe 20.59997 −156.49250 10c 3 Nmi. closure around Kahoolawe 20.60108 −156.49319 10d 3 Nmi. closure around Kahoolawe 20.60183 −156.49358 10e 3 Nmi. closure around Kahoolawe 20.60453 −156.49531 10f 3 Nmi. closure around Kahoolawe 20.60714 −156.49719 10g 3 Nmi. closure around Kahoolawe 20.60961 −156.49925 10h 3 Nmi. closure around Kahoolawe 20.61108 −156.50061 10i 3 Nmi. closure around Kahoolawe 20.61217 −156.50153 10j 3 Nmi. closure around Kahoolawe 20.61411 −156.50336 10k 3 Nmi. closure around Kahoolawe 20.61639 −156.50458 10l 3 Nmi. closure around Kahoolawe 20.63297 −156.50631 10m 3 Nmi. closure around Kahoolawe 20.62169 −156.50819 10n 3 Nmi. closure around Kahoolawe 20.62417 −156.51022 10o 3 Nmi. closure around Kahoolawe 20.62653 −156.51244 10p 3 Nmi. closure around Kahoolawe 20.62872 −156.51483 10q 3 Nmi. closure around Kahoolawe 20.63081 −156.51733 10r 3 Nmi. closure around Kahoolawe 20.63233 −156.51944 10s 3 Nmi. closure around Kahoolawe 20.63306 −156.52033 10t 3 Nmi. closure around Kahoolawe 20.63500 −156.52297 10u 3 Nmi. closure around Kahoolawe 20.63572 −156.52411 10v 3 Nmi. closure around Kahoolawe 20.63633 −156.52497 10w 3 Nmi. closure around Kahoolawe 20.63811 −156.52775 10x 3 Nmi. closure around Kahoolawe 20.63858 −156.52861 10y 3 Nmi. closure around Kahoolawe 20.63983 −156.53011 10z 3 Nmi. closure around Kahoolawe 20.64175 −156.53278 10aa 3 Nmi. closure around Kahoolawe 20.64350 −156.53553 10bb 3 Nmi. closure around Kahoolawe 20.64511 −156.53842 10cc 3 Nmi. closure around Kahoolawe 20.64539 −156.53903 10dd 3 Nmi. closure around Kahoolawe 20.64622 −156.54053 10ee 3 Nmi. closure around Kahoolawe 20.64764 −156.54353 10ff 3 Nmi. closure around Kahoolawe 20.64889 −156.54658 10gg 3 Nmi. closure around Kahoolawe 20.64994 −156.54975 10hh 3 Nmi. closure around Kahoolawe 20.65083 −156.55297 10ii 3 Nmi. closure around Kahoolawe 20.65111 −156.55436 10jj 3 Nmi. closure around Kahoolawe 20.65122 −156.55472 10kk 3 Nmi. closure around Kahoolawe 20.65147 −156.55586 10ll 3 Nmi. closure around Kahoolawe 20.65189 −156.55797 10mm 3 Nmi. closure around Kahoolawe 20.65239 −156.56131 10nn 3 Nmi. closure around Kahoolawe 20.65247 −156.56233 10oo 3 Nmi. closure around Kahoolawe 20.65269 −156.56378 10pp 3 Nmi. closure around Kahoolawe 20.65281 −156.56494 10qq 3 Nmi. closure around Kahoolawe 20.65306 −156.56675 10rr 3 Nmi. closure around Kahoolawe 20.65336 −156.57011 10ss 3 Nmi. closure around Kahoolawe 20.65347 −156.57344 10tt 3 Nmi. closure around Kahoolawe 20.65344 −156.57372 10uu 3 Nmi. closure around Kahoolawe 20.65350 −156.57514 10vv 3 Nmi. closure around Kahoolawe 20.65339 −156.57850 10ww 3 Nmi. closure around Kahoolawe 20.65328 −156.57992 10xx 3 Nmi. closure around Kahoolawe 20.65325 −156.58025 10yy 3 Nmi. closure around Kahoolawe 20.65314 −156.58217 11a Technical Closure 2 20.69422 −156.61875 11b Technical Closure 20.69583 −156.63433 12a Upolu Pt., Hawaii (Big Island) 2 20.26814 −155.85014 12b Upolu Pt., Hawaii (Big Island) 20.29997 −155.85478 13a Keahole Pt., Hawaii (Big Island) 2 19.72767 −156.06186 13b Keahole Pt., Hawaii (Big Island) 19.72819 −156.07069 Bound No. Geographic name Number of points Latitude Longitude 14a Kawaihae Harbor, Big Island exclusion 2 20.03731 −155.83403 14b Kawaihae Harbor, Big Island exclusion 20.04036 −155.83269 15a Haleolono Harbor, Molokai exclusion 2 21.08431 −157.24961 15b Haleolono Harbor, Molokai exclusion 21.08467 −157.24867 16a Kaunakakai Harbor, Molokai exclusion 4 21.08719 −157.02658 16b Kaunakakai Harbor, Molokai exclusion 21.08033 −157.03286 16c Kaunakakai Harbor, Molokai exclusion 21.07736 −157.02811 16d Kaunakakai Harbor, Molokai exclusion 21.08539 −157.02083 17a Kaumalapau Harbor, Lanai exclusion 2 20.78589 −156.99228 17b Kaumalapau Harbor, Lanai exclusion 20.78364 −156.99203 18a Manele Harbor, Lanai exclusion 2 20.74256 −156.88692 18b Manele Harbor, Lanai exclusion 20.74311 −156.88725 19a Lahaina Harbor, Maui exclusion 2 20.87175 −156.67917 19b Lahaina Harbor, Maui exclusion 20.87189 −156.67889 20a Maalaea Harbor, Maui exclusion 2 20.79225 −156.50972 20b Maalaea Harbor, Maui exclusion 20.79022 −156.51100 21a Western closure Kuapa Pond (Hawaii Kai), Oahu 2 21.28528 −157.71881 21b Western closure Kuapa Pond (Hawaii Kai), Oahu 21.28514 −157.71861 22a Eastern closure Kuapa Pond (Hawaii Kai), Oahu 2 21.28147 −157.71186 22b Eastern closure Kuapa Pond (Hawaii Kai), Oahu 21.28108 −157.71119 [64 FR 66570, Nov. 29, 1999, as amended at 88 FR 972, Jan. 6, 2023] Subpart R—Thunder Bay National Marine Sanctuary and Underwater Preserve Source: 65 FR 39056, June 22, 2000, unless otherwise noted. § 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 From there the boundary moves offshore through Points 18-20 in order until it intersects the ordinary high water mark along the line formed between Point 20 and Point 21. At this intersection the boundary continues to follow the ordinary high water mark south until it intersects the line formed between Point 22 and Point 23 near the Lafarge dock in Alpena, MI. At this intersection the boundary moves towards Point 23 until it intersects the ordinary high water mark. At this intersection the boundary follows the ordinary high water mark south until it intersects the southern Alcona County boundary along the lined formed between Point 24 and Point 25 in Greenbush, MI. Finally, at this intersection the boundary moves eastward and offshore until it reaches Point 25. (b) Excluded from the Sanctuary boundary are the following ports: (1) Rogers City; (2) Presque Isle; and (3) Alpena. (c) The coordinates of each boundary area appear in appendix A of this subpart. [79 FR 52971, Sept. 5, 2014; 79 FR 12080, Sept. 5, 2014, as amended at 88 FR 972, Jan. 6, 2023; 88 FR 19828, Apr. 4, 2023] § 922.191 Definitions. (a) The following terms are defined for purposes of subpart R: Minor project Programmatic Agreement et seq. et seq., State Archaeologist State Permit Traditional fishing Treaty fishing rights Underwater cultural resource (1) Any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sank prior to the effective date of Sanctuary designation; and (2) Any of the above that sinks on or after the date of Sanctuary designation determined to be an underwater cultural resource by the Director pursuant to § 922.198. Underwater cultural resource also means any historical remnant of docks or piers or associated material, or materials resulting from activities of historic and prehistoric Native Americans. (b) Other terms appearing in the regulations are defined at 15 CFR part 922 subpart A, and/or in the National Marine Sanctuaries Act, as amended, 16 U.S.C. 1431 et seq. [65 FR 39056, June 22, 2000, as amended at 79 FR 52972, Sept. 5, 2014; 79 FR 12080, Sept. 5, 2014] § 922.192 Joint Management Committee. (a) A state/federal Joint Management Committee shall be established to oversee and engage in decision-making authority for the Thunder Bay National Marine Sanctuary and Underwater Preserve. (b) The Joint Management Committee shall be comprised of one Federal employee named by the NOAA Administrator and one state employee named by the Governor of Michigan. The Federal employee cannot be the sanctuary manager (the individual who exercises day-to-day management over the Sanctuary) and must have a civil service grade higher than that of the sanctuary manager. (c) The Joint Management Committee shall: (1) Develop a position description for, recruit prospective candidates for the position of, interview candidates for the position of, and take part in the annual performance evaluation of, the sanctuary manager; (2) Approve revisions to the Management Plan; (3) Approve annual work plans; (4) Approve, on an annual basis, the expenditure of allocated state and federal funds and other sources of revenue for the Thunder Bay National Marine Sanctuary and Underwater Preserve, in accordance with the Management Plan and the annual work plans; and (5) Make decisions on other key issues related to management of the Thunder Bay National Marine Sanctuary and Underwater Preserve. (d) The Joint Management Committee shall meet as agreed to by the members but not less than once annually. (e) If the Joint Management Committee is unable to reach agreement on an issue, the members shall follow the “Consultation and Conflict Resolution” procedures set forth in the Interlocal Agreement between NOAA and the State of Michigan. (f) The Joint Management Committee may invite affected public parties to participate in selected aspects of Sanctuary management as: (1) Parties to the Interlocal Agreement pursuant to the Michigan Urban Cooperation Act of 1967, MCL 124.501 et seq.; (2) Pursuant to the NMSA. § 922.193 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) through (d) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Recovering, altering, destroying, possessing, or attempting to recover, alter, destroy, or possess an underwater cultural resource. (2) Drilling into, dredging or otherwise altering the lakebottom associated with underwater cultural resources, including contextual information; or constructing, placing or abandoning any structure, material or other matter on the lakebottom associated with underwater cultural resources, except as an incidental result of: (i) Anchoring vessels; (ii) Traditional fishing operations; or (iii) Minor projects (as defined in appendix B of this subpart) that do not adversely affect underwater cultural resources. (3) Using grappling hooks or other anchoring devices on underwater cultural resource sites that are marked with a mooring buoy. (4) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulations issued under the Act. (b) Members of a federally-recognized Indian tribe may exercise treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this subpart. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary, provided that the rights are authorized by the tribe by regulation, license, or permit. (c) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to valid law enforcement activities, or any activity necessary to respond to an emergency threatening life or the environment. (d) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity: (1) Specifically authorized by, and conducted in accordance with the scope, purpose, terms and conditions of, a permit issued pursuant to § 922.195 or a special use permit issued pursuant to subpart D of this part. (2) [Reserved] [65 FR 39056, June 22, 2000, as amended at 88 FR 19829, Apr. 4, 2023] § 922.194 [Reserved] § 922.195 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.193(a)(1) through (3), if the activity is specifically authorized by and conducted in accordance with the scope, purpose, terms and conditions of a State Permit provided that: (1) The State Archaeologist certifies to NOAA that the activity authorized under the State Permit will be conducted consistent with the Programmatic Agreement, in which case such State Permit shall be deemed to have met the requirements of subpart D of this part; or (2) In the case where the State Archaeologist does not certify that the activity to be authorized under a State Permit will be conducted consistent with the Programmatic Agreement, the person complies with the requirements of subpart D of this part. (b) In instances where the conduct of an activity is prohibited by § 922.193(a)(1) through (3) is not addressed under a State or other Federal lease, license, permit or other authorization, a person may conduct such activity if it is specifically authorized by and conducted in accordance with the scope, purpose, terms, and conditions of a permit issued pursuant to subpart D of this part and the Programmatic Agreement. (c) A permit for recovery of an underwater cultural resource may be issued if: (1) The proposed activity satisfies the requirements for permits described under paragraphs (a) and (b) of this section and section 922.33; (2) The recovery of the underwater cultural resource is in the public interest; (3) Recovery of the underwater cultural resource is part of research to preserve historic information for public use; and (4) Recovery of the underwater cultural resource is necessary or appropriate to protect the resource, preserve historical information, or further the policies of the Sanctuary. (d) A person shall file an application for a permit with the Michigan Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, MI 48909-7958. The application shall contain all of the following information: (1) The name and address of the applicant; (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 (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. [88 FR 7357, Jan. 6, 2023] § 922.196 Emergency regulations. (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to an underwater cultural resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Michigan. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. § 922.197 Effect on affected federally-recognized Indian tribes. The exercise of treaty fishing rights is not modified, altered, or in any way affected by the regulations promulgated in this Subpart. The Director shall consult with the governing body of each federally-recognized Indian tribe mentioned in the 1836 Treaty of Washington and in subsequent court decisions related to the Treaty regarding any matter which might affect the ability of the Tribe's members to participate in treaty fishing activities in the Sanctuary. [79 FR 52972, Sept. 5, 2014; 80 FR 12080, Mar. 6, 2015] § 922.198 Procedures for determining watercraft and related items which sink on or after the date of Sanctuary designation to be an underwater cultural resource. The Director, in consultation with the State of Michigan, appropriate federal agencies, and the governing body of any affected federally-recognized tribe, may determine, after providing 45 days for public comment, that any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear, fittings, trappings, and equipment of any sunken watercraft; the personal property of the officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken watercraft, that sinks on or after the date of Sanctuary designation, to be an underwater cultural resource if such is determined by the Director to be 50 years or older and of special national significance due to architectural significance or association with individuals or events that are significant to local or national history. Appendix A to Subpart R of Part 922—Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Coordinates [Based on North American Datum of 1983] Point ID Latitude (north) Longitude (west) 1 44.512834 −82.329519 2 44.858147 −82.408717 3 45.208484 −82.490596 4 45.335902 −82.52064 5 45.771937 −83.483974 6 45.773944 −83.636867 7 45.833333 −83.586892 8 45.833333 −84.333333 9 * 45.662858 −84.333333 10* 45.41733 −83.77327 11 45.42103 −83.79487 12 45.42708 −83.79371 13 45.42343 −83.75318 14 45.41748 −83.75333 15 45.41210 −83.76805 16 * 45.40738 −83.76785 17 * 45.29672 −83.41908 18 45.29682 −83.40965 19 45.29010 −83.40965 20 45.29464 −83.41914 21 * 45.29681 −83.42277 22 * 45.06632 −83.40715 23 * 45.06560 −83.40810 24 * 44.511734 −83.320169 25 44.512834 −82.329519 Note: The coordinates in the table above marked with an asterisk (*) are not part of the sanctuary boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline for the purpose of charting the boundary. [79 FR 52972, Sept. 5, 2014; 80 FR 12080, Mar. 6, 2015, as amended at 80 FR 79684, Dec. 23, 2015] Appendix B to Subpart R of Part 922—Minor Projects for Purposes of § 922.193( a iii Pursuant to Michigan State Administrative Rule R 322.1013 of Part 325, Great Lakes Submerged Lands of Public Act 451 (Michigan State Statute), the Michigan Department of Environmental Quality (Department) issues permits for projects that are of a minor nature which are not controversial, which have minimal adverse environmental impact, which will be constructed of clean, non-polluting materials, which do not impair the use of the adjacent bottomlands by the public, and which do not adversely affect riparian interests of adjacent owners. The following projects are minor projects: (a) Noncommercial single piers, docks, and boat hoists which meet the following design criteria: (i) are of a length or size not greater than the length or size of similar structures in the vicinity and on the watercourse involved; and (ii) provide for the free littoral flow of water and drift material. (b) Spring piles and pile clusters when their design and purpose is usual for such projects in the vicinity and on the watercourse involved. (c) Seawalls, bulkheads, and other permanent revetment structures which meet all of the following purpose and design criteria: (i) the proposed structure fulfills an identifiable need for erosion protection, bank stabilization, protection of uplands, or improvements on uplands; (ii) the structure will be constructed of suitable materials free from pollutants, waste metal products, debris, or organic materials; (iii) the structure is not more than 300 feet in length and is located in an area on the body of water where other similar structures already exist; (iv) the placement of backfill or other fill associated with the construction does not exceed an average of 3 cubic yards per running foot along the shoreline and a maximum of 300 cubic yards; and (v) the structure or any associated fill will not be placed in a wetland area or placed in any manner that impairs surface water flow into or out of any wetland area. (d) Groins 50 feet or less in length, as measures from the toe to bluff, which meet all of the following criteria: (i) the groin is low profile, with the lakeward end not more than 1 foot above the existing water level; and (ii) the groin is placed at least 1/2 (e) Filling for restoration of existing permitted fill, fills placed incidental to construction of other structures, and fills that do not exceed 300 cubic yards as a single and complete project, where the fill is of suitable material free from pollutants, waste metal products, debris, or organic materials. (f) Dredging for the maintenance of previously dredged areas or dredging of not more than 300 cubic yards as a single and complete project when both of the following criteria are met: (i) No reasonable expectation exists that the materials to be dredged are polluted; and (ii) All dredging materials will be removed to an upland site exclusive of wetland areas. (g) Structural repair of man-made structures, except as exempted by Michigan State Administrative Rule R 322.1008(3), when their design and purpose meet both of the following criteria: (i) The repair does not alter the original use of a recently serviceable structure; and (ii) The repair will not adversely affect public trust values or interests, including navigation and water quality. (h) Fish or wildlife habitat structures which meet both of the following criteria: (i) Are placed so the structures do not impede or create a navigational hazard; and (ii) Are anchored to the bottomlands. (i) Scientific structures such as staff gauges, water monitoring devices, water quality testing devices, survey devices, and core sampling devices, if the structures do not impede or create a navigational hazard. (j) Navigational aids which meet both of the following criteria: (i) Are approved by the United States Coast Guard; and (ii) Are approved under Michigan State Act No. 303 of the Public Acts of 1967, as amended, being Section 281.1001 et seq. (k) Extension of a project where work is being performed under a current permit and which will result in no damage to natural resources. (l) A sand trap wall which meets all of the following criteria: (i) The wall is 300 feet or less in length along the shoreline; (ii) The wall does not extend more than 30 feet lakeward of the toe of bluff; (iii) The wall is low profile, that is, it is not more than 1 foot above the existing water level; and (iv) The wall is constructed of wood or steel or other non-polluting material. (m) Physical removal of man-made structures or natural obstructions which meet all of the following criteria: (i) The debris and spoils shall be removed to an upland site, not in a wetland, in a manner which will not allow erosion into public waters; (ii) The shoreline and bottom contours shall be restored to an acceptable condition; and (iii) Upon completion of structure removal, the site does not constitute a safety or navigational hazard. Department staff shall consider fisheries and wildlife resource values when evaluating applications for natural obstruction removal. Subpart S—Mallows Bay—Potomac River National Marine Sanctuary Source: 84 FR 32603, July 8, 2019, unless otherwise noted. § 922.200 Boundary. The Mallows Bay-Potomac River National Marine Sanctuary consists of an area of approximately 18 square miles of waters of the state of Maryland and the submerged lands thereunder, over, around, and under the underwater cultural resources in the Potomac River. The precise boundary coordinates are listed in appendix A to this subpart. The western boundary of the sanctuary approximates the border between the Commonwealth of Virginia and the State of Maryland along the western side of the Potomac River and begins at Point 1 north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point. From this point the boundary continues to the north approximating the border between Virginia and Maryland cutting across the mouths of streams and creeks passing through the points in numerical order until it reaches Point 40 north of Tank Creek. From this point the sanctuary boundary continues east across the Potomac River in a straight line towards Point 41 until it intersects the Maryland shoreline just north of Sandy Point in Charles County, Maryland. From this intersection the sanctuary boundary then follows the Maryland shoreline south around Mallows Bay, Blue Banks, and Wades Bay cutting across the mouths of creeks and streams along the eastern shoreline of the Potomac River until it intersects the line formed between Point 42 and Point 43 just south of Smith Point. Finally, from this intersection the sanctuary boundary crosses the Potomac River to the west in a straight line until it reaches Point 43 north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point. § 922.201 Definitions. (a) The following terms are defined for purposes of this subpart: (1) Sanctuary resource (2) Traditional fishing (b) All other terms appearing in the regulations in this subpart are defined at § 922.11, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., et seq. [84 FR 32603, July 8, 2019, as amended at 88 FR 19829, Apr. 4, 2023] § 922.202 Joint management. NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, NOAA shall co-manage the Sanctuary in collaboration with the State of Maryland and Charles County. The Director shall enter into a Memorandum of Agreement regarding this collaboration that shall address, but not be limited to, such aspects as areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources. § 922.203 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) and (c) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a Sanctuary resource, except as an incidental result of traditional fishing. This prohibition does not apply to possessing historical resources removed from the Sanctuary area before the effective date of the Sanctuary designation. (2) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, buoys, or other boundary markers related to the Sanctuary. (3) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity necessary to respond to an emergency threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. (c)(1) All military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impact on sanctuary resources and qualities. (2) Any existing military activity conducted by DoD prior to the effective date of the regulations in this subpart and as specifically identified in the Final Environmental Impact Statement and Final Management Plan for the Sanctuary (FEIS/FMP) is allowed to continue in the Sanctuary. The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to those existing military activities or to the following military activities conducted by DoD: (i) Low-level overflight of military aircraft operated by DoD; (ii) The designation of new units of special use airspace; (iii) The use or establishment of military flight training routes; (iv) Air or ground access to existing or new electronic tracking communications sites associated with special use airspace or military flight training routes; or (v) Activities to reduce or eliminate a threat to human life or property presented by unexploded ordnances or munitions. (3) New military activities that do not violate the prohibitions in paragraphs (a)(1) through (3) of this section are allowed. Any new military activity that is likely to violate sanctuary prohibitions may become exempt through consultation between the Director and DoD pursuant to section 304(d) of the NMSA. For purposes of this paragraph (c)(3), the term “new military activity” includes but is not limited to, any existing military activity that is modified in any way (including change in location, frequency, duration, or technology used) that is likely to destroy, cause the loss of, or injure a sanctuary resource, or is likely to destroy, cause the loss of, or injure a sanctuary resource in a manner or to an extent that was not considered in a previous consultation under section 304(d) of the NMSA. (4) In the event of destruction of, loss of, or injury to a sanctuary resource or quality resulting from an incident, including but not limited to spills and groundings caused by DoD, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore or replace the sanctuary resource or quality. § 922.204 Emergency regulations. (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities, other than DoD activities, are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Maryland or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. § 922.205 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.203(a)(1) and (2) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Mallows Bay-Potomac River National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. [88 FR 973, Feb. 6, 2023] § 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 § 922.203(a)(1) through (3) if such activity is specifically authorized by a valid Federal, state, or local lease, permit, license, approval, or other authorization, or tribal right of subsistence use or access in existence prior to the effective date of sanctuary designation and within the sanctuary designated area and complies with § 922.10 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken. (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Mallows Bay-Potomac National Marine Sanctuary, 1305 East West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by § 922.203(a)(1) through (3) provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 180 days of the Federal Register (2) The holder complies with the other provisions of this section; and (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (f) The holder of an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by § 922.203 may conduct the activity without being in violation of applicable provisions of § 922.203, pending final agency action on his or her certification request, provided the holder is otherwise in compliance with this section. (g) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request. (h) The Director may amend any certification made under this section whenever additional information becomes available that he/she determines justifies such an amendment. (i) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in § 922.37. (k) Any time limit prescribed in or established under this section may be extended by the Director for good cause. [84 FR 32603, July 8, 2019, as amended at 88 FR 973, Jan. 6, 2023] Appendix A to Subpart S of Part 922—Mallows Bay-Potomac River Marine Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. Table 1—Coordinates for Sanctuary Point ID Latitude Longitude 1 38.39731 −77.31008 2 38.39823 −77.31030 3 38.39856 −77.31059 4 38.39886 −77.31074 5 38.39917 −77.31067 6 38.40014 −77.31074 7 38.40090 −77.31145 8 38.40138 −77.31215 9 38.40197 −77.31236 10 38.40314 −77.31278 11 38.40658 −77.31377 12 38.40984 −77.31465 13 38.41388 −77.31692 14 38.41831 −77.31913 15 38.41974 −77.31930 16 38.42352 −77.31971 17 38.42548 −77.32030 18 38.42737 −77.32081 19 38.43091 −77.32240 20 38.43163 −77.32242 21 38.43350 −77.32263 22 38.43384 −77.32269 23 38.43430 −77.32265 24 38.43461 −77.32229 25 38.43498 −77.32146 26 38.43526 −77.32057 27 38.43522 −77.32040 28 38.47321 −77.31845 29 38.47434 −77.31874 30 38.47560 −77.31752 31 38.47655 −77.31686 32 38.47748 −77.31666 33 38.47821 −77.31604 34 38.47871 −77.31554 35 38.47885 −77.31563 36 38.47905 −77.31559 37 38.47921 −77.31578 38 38.47943 −77.31592 39 38.47985 −77.31592 40 38.48493 −77.31335 41 * 38.48554 −77.27298 42 * 38.39793 −77.25704 43 38.39731 −77.31008 Note 1 to table 1 of this appendix: The coordinates in the table above marked with an asterisk (*) are not a part of the sanctuary boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline. Appendix B to Subpart S of Part 922—Mallows Bay-Potomac River Marine Sanctuary Terms of Designation Terms of Designation for the Mallows Bay-Potomac River National Marine Sanctuary Under the authority of the National Marine Sanctuaries Act, as amended (the “Act” or “NMSA”), 16 U.S.C. 1431 et seq., Article I: Effect of Designation The NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the historical resources and recreational, research, and educational qualities of the Mallows Bay-Potomac River National Marine Sanctuary (the “Sanctuary”). Section 1 of Article IV of this appendix lists those activities that may have to be regulated on the effective date of designation, or at some later date, in order to protect Sanctuary resources and qualities. Listing an activity does not necessarily mean that it will be regulated; however, if an activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended by the same procedures by which the original Sanctuary designation was made. Article II: Description of the Area The Mallows Bay-Potomac River National Marine Sanctuary consists of an area of approximately 18 square miles of waters of the State of Maryland and the submerged lands thereunder, over, around, and under the underwater cultural resources in the Potomac River between Stafford County, Virginia, and Charles County, Maryland. The western boundary of the sanctuary approximates the border between the Commonwealth of Virginia and the State of Maryland for roughly 6 miles along the Potomac River, beginning north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point and continuing north past Widewater, VA, and Clifton Point to a point north of Tank Creek. From this point the sanctuary boundary crosses the Potomac to the east until it intersects the Maryland shoreline just north of Sandy Point in Charles County, MD. From this point the eastern boundary of the sanctuary, approximately 8 miles in total length, follows the Maryland shoreline south past Mallows Bay, Blue Banks, and Wades Bay to a point just south of Smith Point. From this location the sanctuary boundary crosses the Potomac River to the west back to its point of origin north of the mouth of Aquia Creek near Brent Point on the Virginia side of the river. Article III: Special Characteristics of the Area Mallows Bay-Potomac River National Marine Sanctuary and its surrounding waters contain a diverse collection more than 100 known historic shipwreck vessels dating back to the Civil War and potentially dating back to the Revolutionary War, as well as archaeological artifacts dating back 12,000 years indicating the presence of some of the region's earliest American Indian cultures, including the Piscataway Indian Nation and the Piscataway Conoy Confederacy and Sub-Tribes of Maryland. The area is most renowned for the remains of over 100 wooden steamships, known as the “Ghost Fleet,” that were built for the U.S. Emergency Fleet between 1917-1919 as part of U.S. engagement in WWI. Their construction at more than 40 shipyards in 17 states reflects the massive national wartime effort that drove the expansion and economic development of communities and related maritime service industries including the present-day Merchant Marines. The area is contiguous to the Captain John Smith Chesapeake National Historic Trail, the Star Spangled Banner National Historic Trail, the Potomac Heritage National Scenic Trail and the Lower Potomac Water Trail which offer meaningful educational and recreational opportunities centered on the region's culture, heritage and history. Additionally, the structure provided by the vessels and related infrastructure serve as important habitat to thriving populations of recreational fisheries, bald eagles, and other aquatic species. The area's listing on the National Historical Register of Places in 2015 codifies the historical, archaeological and recreational significance of the Ghost Fleet and related maritime cultural heritage sites in and around Mallows Bay-Potomac River National Marine Sanctuary. Article IV: Scope of Regulations Section 1. Activities Subject to Regulation. The following activities are subject to regulation, including prohibition, to the extent necessary and reasonable to ensure the protection and management of the historical resources and recreational, research and educational qualities of the area: a. Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a Sanctuary resource, except as an incidental result of traditional fishing (as defined in the regulations). b. Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, buoys, or other boundary markers related to the Sanctuary. c. Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation issued under the Act. Section 2. NOAA will not exercise its authority under the NMSA to regulate fishing in the Sanctuary. Section 3. Emergencies. Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource; or minimize the imminent risk of such destruction, loss, or injury, any activity, including those not listed in Section 1, is subject to immediate temporary regulation. An emergency regulation shall not take effect without the approval of the Governor of Maryland or her/his designee or designated agency. Article V: Relation to Other Regulatory Program Section 1. Fishing Regulations, Licenses, and Permits. Fishing in the Sanctuary shall not be regulated as part of the Sanctuary management regime authorized by the Act. However, fishing in the Sanctuary may be regulated by other Federal, State, Tribal and local authorities of competent jurisdiction, and designation of the Sanctuary shall have no effect on any regulation, permit, or license issued thereunder. Section 2. Other Regulations, Licenses, and Permits. If any valid regulation issued by any federal, state, Tribal, or local authority of competent jurisdiction, regardless of when issued, conflicts with a Sanctuary regulation, the regulation deemed by the Director of the Office of National Marine Sanctuaries, National Oceanic and Atmospheric Administration, or designee, in consultation with the State of Maryland, to be more protective of Sanctuary resources and qualities shall govern. Pursuant to section 304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), no valid lease, permit, license, approval, or other authorization issued by any federal, state, Tribal, or local authority of competent jurisdiction, or any right of subsistence use or access, may be terminated by the Secretary of Commerce, or designee, as a result of this designation, or as a result of any Sanctuary regulation, if such lease, permit, license, approval, or other authorization, or right of subsistence use or access was issued or in existence as of the effective date of this designation. However, the Secretary of Commerce or designee, in consultation with the State of Maryland, may regulate the exercise of such authorization or right consistent with the purposes for which the Sanctuary is designated. Section 3. Department of Defense Activities. DoD activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on sanctuary resources and qualities. Any existing military activity conducted by DoD prior to the effective date of the regulations in this subpart and as specifically identified in the Final Environmental Impact Statement and Final Management Plan for the Sanctuary (FEIS/FMP) is allowed to continue in the Sanctuary. The prohibitions in § 922.203(a)(1) through (3) do not apply to those existing military activities listed in the FEIS/FMP or the military activities conducted by DoD listed in § 922.203(c)(2). New military activities that do not violate the prohibitions in paragraphs (a)(1) through (3) of this section are allowed. Any new military activity that is likely to violate sanctuary prohibitions may become exempt through consultation between the Director and DoD pursuant to section 304(d) of the NMSA. The term “new military activity” includes but is not limited to, any existing military activity that is modified in any way (including change in location, frequency, duration, or technology used) that is likely to destroy, cause the loss of, or injure a sanctuary resource, or is likely to destroy, cause the loss of, or injure a sanctuary resource in a manner or to an extent that was not considered in a previous consultation under section 304(d) of the NMSA. In the event of destruction of, loss of, or injury to a sanctuary resource or quality resulting from an incident, including but not limited to spills and groundings caused by DoD, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore or replace the sanctuary resource or quality. Article VI. Alteration of This Designation The terms of designation may be modified only by the same procedures by which the original designation is made, including public meetings, consultation according to the NMSA. Subpart T—Wisconsin Shipwreck Coast National Marine Sanctuary Source: 86 FR 32754, June 23, 2021, unless otherwise noted. § 922.210 Boundary. Wisconsin Shipwreck Coast National Marine Sanctuary consists of an area of approximately 726 square nautical miles (962 square miles) of Lake Michigan waters within the State of Wisconsin and the submerged lands thereunder, over, around, and under the submerged underwater cultural resources in Lake Michigan. The precise boundary coordinates are listed in Appendix A to this subpart. The eastern boundary of the sanctuary begins approximately 9.3 miles east of the Wisconsin shoreline (as defined by the low water datum) in Lake Michigan at Point 1 north of the border between Manitowoc and Kewaunee County. From Point 1 the boundary continues SSW in a straight line to Point 2 and then SW to Point 3 which is located in Lake Michigan approximately 16.3 miles east of a point on the shoreline roughly equidistant between the borders of northern Mequon, WI and southern Port Washington, WI. From Point 3 the boundary continues west towards Point 4 until it intersects the shoreline at the low water datum approximately 2.5 miles north of the northern border of Mequon, WI. From this intersection the boundary continues north following the shoreline at the low water datum, cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 5 and Point 6 at the end of the southern breakwater at the mouth of Sauk Creek at Port Washington. From this intersection the boundary continues to Point 6 through Point 9 in numerical order. From Point 9 the boundary continues towards Point 10 until it intersects the shoreline at the low water datum at the end of the northern breakwater at the mouth of Sauk Creek. From this intersection the boundary continues north following the shoreline at the low water datum cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 11 and Point 12 at the end of the southern breakwater at the mouth of the Sheboygan River. From this intersection the boundary continues to Point 12 through Point 17 in numerical order. From Point 17 the boundary continues towards Point 18 until it intersects the shoreline at the low water datum at the end of the northern breakwater at the mouth of the Sheboygan River. From this intersection the boundary continues north along the shoreline at the low water datum cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 19 and Point 20 at the end of the southern breakwater at the mouth of Manitowoc Harbor. From this intersection the boundary continues to Point 20 through Point 23 in numerical order. From Point 23 the boundary continues towards Point 24 until it intersects the shoreline at the low water datum at the end of the northern breakwater at the mouth of the Sheboygan River. From this intersection the boundary continues north following the shoreline at the low water datum cutting across the mouths of creeks and streams until it intersects the line segment formed between Point 25 and Point 26 at the end of the western breakwater at the mouth of East Twin River. From this intersection the boundary continues to Point 27 through Point 31 in numerical order. From Point 31 the boundary continues towards Point 32 until it intersects the shoreline at the low water datum at the end of the eastern breakwater at the mouth of East Twin River. From this intersection the boundary continues NE following the shoreline at the low water datum cutting across the mouths of creeks and streams around Rawley Point and then continues NNW past the county border between Manitowoc and Kewaunee County until it intersects the line segment formed between Point 33 and Point 34 along the shoreline at the low water datum just south of the mouth of the unnamed stream near the intersection of Sandy Bar Road and Lakeview Road near Carlton, WI. Finally, from this intersection at the shoreline at the low water datum the boundary moves east across Lake Michigan to Point 34. § 922.211 Definitions. (a) The following terms are defined for purposes of this subpart: (1) Sanctuary resource (2) Shipwreck site (b) All other terms appearing in the regulations in this subpart are defined at § 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., et seq. § 922.212 Co-management. NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, as the Sanctuary is in state waters, NOAA will co-manage the Sanctuary in collaboration with the State of Wisconsin. The Director may enter into a Memorandum of Agreement regarding this collaboration that may address, but not be limited to, such aspects as areas of mutual concern, including Sanctuary resource protection, programs, permitting, activities, development, and threats to Sanctuary resources. § 922.213 Prohibited or otherwise regulated activities. (a) Except as specified in paragraph (b) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a sanctuary resource. (2) Grappling into or anchoring on shipwreck sites. (3) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (3) of this section do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment; or to activities necessary for valid law enforcement purposes. § 922.214 Emergency regulations. (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of Wisconsin or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. § 922.215 Permit procedures. (a) A person may conduct an activity otherwise prohibited by § 922.213(a)(1) and (2) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. [88 FR 973, Jan. 6, 2023] § 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 § 922.213(a)(1) through (3) if such activity is specifically authorized by a valid Federal, state, or local lease, permit, license, approval, or other authorization, or tribal right of subsistence use or access in existence prior to the effective date of sanctuary designation and within the sanctuary designated area and complies with § 922.10 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section. (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate. (c) The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken. (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary, 1305 East-West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or other authorization must accompany the request. (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by § 922.213(a)(1) through (3) provided that: (1) The holder of such authorization or right notifies the Director, in writing, 180 days of the Federal Register (2) The holder complies with the other provisions of this section; and (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (f) The holder of an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by § 922.213 may conduct the activity without being in violation of applicable provisions of § 922.213, pending final agency action on his or her certification request, provided the holder is otherwise in compliance with this section. (g) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request. (h) The Director may amend any certification made under this section whenever additional information becomes available that he/she determines justifies such an amendment. (i) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in § 922.37. (k) Any time limit prescribed in or established under this section may be extended by the Director for good cause. [86 FR 32754, June 23, 2021, as amended at 88 FR 973, Jan. 6, 2023] Appendix A to Subpart T of Part 922—Wisconsin Shipwreck Coast Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. Table A1—Coordinates for Sanctuary Boundary Point__ID Latitude Longitude 1 44.35279 −87.34387 2 43.45716 −87.48817 3 43.31519 −87.56312 4 * 43.31519 −87.88828 5 * 43.38447 −87.86079 6 43.38455 −87.86062 7 43.38353 −87.85936 8 43.38588 −87.85801 9 43.38510 −87.85950 10 * 43.38523 −87.85963 11 * 43.74858 −87.69479 12 43.74858 −87.69457 13 43.74840 −87.69457 14 43.74778 −87.69191 15 43.74949 −87.69161 16 43.74977 −87.69196 17 43.74935 −87.69251 18 * 43.74946 −87.69265 19 * 44.09135 −87.64377 20 44.09147 −87.64366 21 44.09081 −87.64206 22 44.09319 −87.64202 23 44.09254 −87.64365 24 * 44.09262 −87.64373 25 * 44.14226 −87.56161 26 44.14214 −87.56151 27 44.14199 −87.56181 28 44.13946 −87.55955 29 44.14021 −87.55795 30 44.14274 −87.56023 31 44.14256 −87.56059 32 * 44.14267 −87.56069 33 * 44.35279 −87.53255 34 44.35279 −87.34387 Note: Appendix B to Subpart T of Part 922—Wisconsin Shipwreck Coast National Marine Sanctuary Terms of Designation Terms of Designation for Wisconsin Shipwreck Coast National Marine Sanctuary Under the authority of the National Marine Sanctuaries Act, as amended (the “Act” or “NMSA”), 16 U.S.C. 1431 et seq., Article I: Effect of Designation The NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the historical resources and recreational, research, and educational qualities of Wisconsin Shipwreck Coast National Marine Sanctuary (the “Sanctuary”). Section 1 of Article IV of this Designation Document lists those activities that may have to be regulated on the effective date of designation, or at some later date, in order to protect Sanctuary resources and qualities. Listing an activity does not necessarily mean that it will be regulated; however, if an activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended by the same procedures by which the original Sanctuary designation was made. Article II: Description of the Area Wisconsin Shipwreck Coast National Marine Sanctuary consists of an area of approximately 726 square nautical miles (962 square miles) of Lake Michigan waters within the State of Wisconsin and the submerged lands thereunder, over, around, and under the underwater cultural resources in Lake Michigan. The eastern boundary of the sanctuary begins approximately 9.3 miles east of the Wisconsin shoreline in Lake Michigan north of the border between Manitowoc and Kewaunee County. From this point the boundary continues in Lake Michigan roughly to the SSW until it intersects a point in Lake Michigan approximately 16.3 miles east of a point along the shoreline that is approximately equidistant between the borders of Mequon, WI and Port Washington, WI. The southern boundary continues west until it intersects the shoreline at the Low Water Datum at this point between Mequon, WI and Port Washington, WI. The western boundary continues north following the shoreline at the Low Water Datum for approximately 82 miles cutting across the mouths of rivers, creeks, and streams and excluding federally authorized shipping channels; specifically those of Sauk Creek at Port Washington, Sheboygan River at Sheboygan, Manitowoc Harbor as Manitowoc, and East Twin River at Two Rivers. The western boundary ends just north of the border between Manitowoc and Kewaunee County along the shoreline near Carlton, WI. The northern boundary continues from the shoreline at the Low Water Datum at this point east across Lake Michigan just north of the border between these same two counties back to its point of origin approximately 9.3 miles offshore. Article III: Special Characteristics of the Area The area includes a nationally significant collection of maritime heritage resources, including 36 known shipwrecks, about 59 suspected shipwrecks, and other underwater cultural sites. The historic shipwrecks are representative of the vessels that sailed and steamed on Lake Michigan during the nineteenth and twentieth centuries, carrying grain and raw materials east and carrying coal, manufactured goods, and people west. During this period entrepreneurs and shipbuilders on the Great Lakes launched tens of thousands of ships of many different designs. Sailing schooners, grand palace steamers, revolutionary propeller-driven passenger ships, and industrial bulk carriers transported America's business and industry. In the process they brought hundreds of thousands of people to the Midwest and made possible the dramatic growth of the region's farms, cities, and industries. The Midwest, and indeed the American nation, could not have developed with such speed and with such vast economic and social consequences without the Great Lakes. Twenty-one of the 36 shipwreck sites in the sanctuary are listed on the National Register of Historic Places. Many of the shipwrecks retain an unusual degree of architectural integrity, with several vessels nearly intact. Well preserved by Lake Michigan's cold, fresh water, the shipwrecks and related maritime heritage sites in Wisconsin Shipwreck Coast National Marine Sanctuary possess exceptional historical, archaeological and recreational value. Additional underwater cultural resources, such as submerged aircraft, docks, piers, and isolated artifacts also exist, as do the potential for prehistoric sites and artifacts. Article IV: Scope of Regulations Section 1. Activities Subject to Regulation. The following activities are subject to regulation, including prohibition, to the extent necessary and reasonable to ensure the protection and management of the historical resources and recreational, research and educational qualities of the area: a. Injuring sanctuary resources. b. Grappling into or anchoring on a shipwreck sites. c. Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation issued under the Act. Section 2. Emergencies. 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 activity, including those not listed in Section 1, is subject to immediate temporary regulation. An emergency regulation shall not take effect without the approval of the Governor of Wisconsin or her/his designee or designated agency. Article V: Relation to Other Regulatory Programs Fishing Regulations, Licenses, and Permits. Fishing in the Sanctuary shall not be regulated as part of the Sanctuary management regime authorized by the Act. However, fishing in the Sanctuary may be regulated by other Federal, State, Tribal and local authorities of competent jurisdiction, and designation of the Sanctuary shall have no effect on any regulation, permit, or license issued thereunder. Article VI. Alteration of This Designation The terms of designation may be modified only by the same procedures by which the original designation is made, including public meetings, consultation according to the NMSA. Subpart U—Lake Ontario National Marine Sanctuary Source: 89 FR 48287, June 6, 2024, unless otherwise noted. § 922.220 Boundary. Lake Ontario National Marine Sanctuary consists of an area of approximately 1,300 square nautical miles (1,722 square miles) of Lake Ontario waters within New York State and the submerged lands thereunder; over, around, and under the submerged underwater cultural and historical resources in Lake Ontario. The precise boundary coordinates are listed in appendix A to this subpart. The western boundary of the sanctuary begins at approximately the border between Wayne County and Monroe County where the shoreline (defined here and throughout the remainder of this boundary description as the low water datum) intersects the line segment formed between Point 1 and Point 2. From this intersection the sanctuary boundary continues north into Lake Ontario to Point 2 and then to each successive point in numerical order to Point 7. From Point 7 the sanctuary boundary continues east to each successive point in numerical order to Point 10. From Point 10 the boundary continues roughly to the northeast to Point 11 and then to Point 12 just southeast of Wolfe Island, ON, Canada and the end of 5th Line Road. From Point 12 the boundary continues roughly southeast towards Point 13 until it intersects the shoreline at the low water datum at Tibbetts Point near the Tibbetts Point Lighthouse southwest of Cape Vincent, New York. From this intersection the boundary follows the shoreline roughly to the southeast around Tibbetts Point and then continues roughly to the southeast around Wilson Point and Dablon Point until it intersects the line segment formed between Point 14 and Point 15 at the Rt. 6 bridge at the upper end of Mud Bay. From this intersection the boundary continues towards Point 15 until it intersects the shoreline at approximately the mouth of Kents Creek. From this intersection the boundary follows the shoreline to the southwest around Baird Point continuing roughly southeast cutting across the mouths of creeks and streams around Point Peninsula and along western and then northern Chaumont Bay until it intersects the line segment formed between Point 16 and Point 17. From this intersection the boundary continues across the Chaumont River towards Point 17 until it intersects the shoreline near the eastern side of the West Main Street bridge. From this intersection the boundary follows the shoreline around eastern Chaumont Bay, Point Salubrious, and Guffin Bay cutting across the mouths of rivers, streams, and creeks and then around Pillar Point and Everleigh Point and up the western side of Black River Bay until it intersects the line segment formed between Point 18 and Point 19 at approximately the mouth of Black River. From this intersection the boundary continues across the Black River towards Point 19 until it intersects the shoreline. From this intersection the boundary follows the shoreline roughly southwest along the eastern side of Black River Bay and then southwest along the eastern side of Henderson Bay continuing around Stony Point and then roughly south cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 20 and Point 21 at the mouth of the Salmon River near Port Ontario. From this intersection the boundary continues to Point 21 and each successive point in numerical order to Point 24. From Point 24 the boundary continues towards Point 25 until it intersects the shoreline. From this intersection the boundary follows the shoreline south and then west around Mexico Bay cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 26 and Point 27 just east of Oswego Harbor. From this intersection the boundary continues towards Point 27 until it intersects the shoreline at the eastern breakwater of Oswego Harbor. From this intersection the boundary follows the lakeward shoreline northwest along the breakwater until it intersects the line segment formed between Point 28 and Point 29. From this intersection the boundary continues across the mouth of Oswego Harbor to Point 29 and each successive point in numerical order to Point 34. From Point 34 the boundary continues towards Point 35 until it intersects the shoreline at the end of the western breakwater of Oswego Harbor. From this intersection the boundary follows the lakeward shoreline roughly to the southwest cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 36 and Point 37 on the eastern side of the mouth of The Pond. From this intersection the boundary continues across the mouth of The Pond towards Point 37 until it intersects the shoreline on the western side. From this intersection the boundary follows the shoreline west and then north to the intersection of the line segment formed between Point 38 and Pont 39 at the northern end of the eastern breakwater of Little Sodus Bay. From this intersection the boundary continues across the mouth of Little Sodus Bay to Point 39 and each successive point in numerical order to Point 42. From Point 42 the boundary continues towards Point 43 until it intersects the shoreline at the northern end of the western breakwater of Little Sodus Bay. From this intersection the boundary follows the lakeward shoreline roughly west until it intersects the line segment formed between Point 44 and Point 45 on the eastern side of the mouth of Blind Sodus Bay. From this intersection the boundary continues to the intersection of the shoreline and the line segment formed between Point 46 and Point 47 on the western side of the mouth of Blind Sodus Bay. From this intersection the boundary follows the shoreline roughly southwest cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 48 and the intersection of the shoreline and the line segment formed between Point 49 and Point 50 on the eastern side of the mouth of Port Bay. From this intersection on the eastern side of the mouth of Port Bay the boundary continues to the intersection of the shoreline and the line segment formed between Point 49 and 50 on the western side of the mouth of Port Bay. From this intersection the boundary follows the shoreline roughly west until it intersects the line segment formed between Point 51 and the intersection of the shoreline and the line segment formed between Point 52 and Point 53 on the eastern side of the mouth of East Bay. From this intersection on the eastern side of the mouth of East Bay the boundary continues to the intersection of the shoreline and the line segment formed between Point 52 and Point 53 on the western side of the mouth of East Bay. From this intersection the boundary follows the shoreline roughly west until it interests the line segment formed between Point 54 and Point 55 at the northern end of the eastern breakwater of Sodus Bay. From this intersection the boundary continues across the mouth of Sodus Bay to Point 55 and each successive point in numerical order to Point 61. From Point 61 the boundary continues towards Point 62 until it intersects the shoreline at the northern end of the western breakwater of Sodus Bay. From this intersection the boundary follows the shoreline roughly west cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 63 and Point 64 south of the mouth of Salmon Creek near Pultneyville, NY. From this intersection the boundary continues to Point 64 and each successive point in numerical order to Point 69. From Point 69 the boundary continues towards Point 70 until it intersects the shoreline north of the mouth of Salmon Creek. From this intersection the boundary follows the shoreline roughly west until it intersects the line segment formed between Point 71 and Point 72 at the eastern side of the R.E. Ginna Nuclear Power Plant water outfall. From this intersection the boundary continues towards Point 72 until it intersects the shoreline on the western side of the R.E. Ginna Nuclear Power Plant water outfall. From this intersection the boundary follows the shoreline west cutting across the mouths of rivers, streams, creeks, and ponds until it intersects the line segment formed between Point 73 and Point 74 where it ends. The inner landward sanctuary boundary is defined by and follows the shoreline as defined by the low water datum where not already specified in the boundary description above. The Tibbetts Point Anchorage Area is excluded from the sanctuary area described above, and its boundary begins at Point TPAA1 and continues to each successive point in numerical order until ending at Point TPAA7. § 922.221 Definitions. The following terms are defined for purposes of this subpart U: Sanctuary resource Shipwreck site Tethered underwater mobile system § 922.222 Co-management. (a) NOAA has primary responsibility for the management of the Sanctuary pursuant to the Act. However, as the Sanctuary is in State waters, NOAA will co-manage Lake Ontario National Marine Sanctuary in collaboration with New York State. The Director may enter into a Memorandum of Agreement regarding this collaboration that may address, but not be limited to, such aspects as areas of mutual concern, including sanctuary resource protection, programs, permitting, activities, development, and threats to sanctuary resources. (b) Furthermore, sunken military craft are administered by the respective Secretary concerned pursuant to the Sunken Military Craft Act. The Director will enter into a Memorandum of Agreement regarding collaboration with other federal agencies charged with implementing the Sunken Military Craft Act that may address aspects of managing and protecting sunken military craft. The Director will request approval from the Secretary concerned for any terms and conditions of ONMS authorizations that may involve sunken military craft. § 922.223 Prohibited or otherwise regulated activities. (a) Except as specified in paragraph (b) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Moving, removing, recovering, altering, destroying, possessing or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a sanctuary resource. (2) Possessing, selling, offering for sale, purchasing, importing, exporting, exchanging, delivering, carrying, transporting, or shipping by any means any sanctuary resource within or outside of the sanctuary. (3) Grappling into or anchoring on shipwreck sites. (4) Deploying a tethered underwater mobile system at shipwreck sites. (5) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or any permit issued under the Act. (b) The prohibitions in paragraphs (a)(1) through (5) of this section do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment; or to activities necessary for valid law enforcement purposes. Effective Date Note: At 89 FR 48291, June 6, 2024, in § 922.223, paragraph (a)(3) was stayed until July 21, 2026. At 91 FR 43321, July 15, 2026, § 922.223, paragraph (a)(3) was further stayed until Sept. 21, 2028. § 922.224 Emergency regulations. (a) Where necessary to prevent or minimize the destruction of, loss of, or injury to a sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of New York or her/his designee or designated agency. (b) Emergency regulations remain in effect until a date fixed in the rule or six months after the effective date, whichever is earlier. The rule may be extended once for not more than six months. § 922.225 Permit procedures and review criteria. (a) A person may conduct an activity otherwise prohibited by § 922.223(a)(1) through (4) if conducted under and in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Lake Ontario National Marine Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910. § 922.226 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or right to conduct a prohibited activity. (a) A person may conduct an activity prohibited by § 922.223(a)(1) through (4) within the sanctuary if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, or right of subsistence use or of access that is in existence on the effective date of sanctuary designation, provided that the holder of the lease, permit, license, or right of subsistence use or of access complies with § 922.10 and provided that: (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of the sanctuary designation of the existence and location of such authorization or right and requests certification of such authorization or right; and (2) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the sanctuary was designated. (b) Requests for certifications shall be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Lake Ontario National Marine Sanctuary, 1305 East-West Hwy., 10th Floor, Silver Spring, MD 20910 or sent by electronic means as defined in the instructions for the ONMS permit application. A copy of the lease, permit, license, or right of subsistence use or of access must accompany the request. (c) A certification requester with an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by § 922.223(a)(1) through (4) may continue to conduct the activity without being in violation of applicable provisions of § 922.223(a)(1) through (4), pending the Director's review of and decision regarding his or her certification request. (d) The Director may request additional information from the certification requester as the Director deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the sanctuary was designated. The Director must receive the information requested within 45 days of the date of the Director's request for information. Failure to provide the requested information within this time frame may be grounds for denial by the Director of the certification request. (e) In considering whether to issue a certification, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate by the Director. (f) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (g) The Director may amend, suspend, or revoke any certification issued under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the certification holder and the agency that issued the underlying lease, permit, license, or right of subsistence use or of access, and shall set forth reason(s) for the action taken. (h) The Director may amend any certification issued under this section whenever additional information becomes available that he or she determines justifies such an amendment. (i) The certification holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth at § 922.37. (j) Any time limit prescribed in or established under this section may be extended by the Director for good cause. (k) It is unlawful for any person to violate any terms and conditions in a certification issued under this section. § 922.227 Effect on affected federally recognized Nations and Tribes. The exercise of treaty rights for federally recognized Nations and Tribes and their citizens is not modified, altered, or in any way affected by the regulations promulgated in this subpart. The Director shall consult with the governing body of each federally-recognized Nation and Tribe protected by the 1794 Treaty of Canandaigua regarding any matter which might affect the ability of the Nation and Tribe's citizens to participate in activities protected by that treaty in the Sanctuary. Appendix A to Subpart U of Part 922—Lake Ontario National Marine Sanctuary Boundary Description and Coordinates of the Excluded Areas [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] Point ID Longitude Latitude 1 * −77.37605 43.27611 2 −77.37595 43.28695 3 −77.37586 43.29671 4 −77.37621 43.34516 5 −77.37720 43.37579 6 −77.38799 43.63154 7 −77.38811 43.63443 8 −77.27009 43.63406 9 −77.03338 43.63283 10 −76.79668 43.63112 11 −76.43893 44.09406 12 −76.39866 44.11289 13 * −76.37053 44.10060 14 * −76.31232 44.08230 15 * −76.31207 44.08198 16 * −76.14042 44.07041 17 * −76.13852 44.06959 18 * −76.06446 43.99626 19 * −76.06179 43.99401 20 * −76.20404 43.57746 21 −76.20447 43.57758 22 −76.20714 43.58113 23 −76.20748 43.58099 24 −76.20503 43.57775 25 * −76.20529 43.57783 26 * −76.50692 43.46890 27 * −76.50783 43.46975 28 * −76.51393 43.47389 29 −76.51426 43.47384 30 −76.51761 43.47726 31 −76.52558 43.47878 32 −76.52597 43.47667 33 −76.51946 43.47543 34 −76.51629 43.47349 35 * −76.51675 43.47341 36 * −76.69906 43.34447 37 * −76.69941 43.34458 38 * −76.70792 43.35032 39 −76.70816 43.35033 40 −76.70883 43.35635 41 −76.70939 43.35632 42 −76.70873 43.35032 43 * −76.70895 43.35029 44 * −76.72070 43.34361 45 * −76.72068 43.34402 46 * −76.72158 43.34399 47 * −76.72161 43.34363 48 * −76.83715 43.30499 49 * −76.83720 43.30583 50 * −76.83817 43.30492 51 * −76.89154 43.29490 52 * −76.89170 43.29537 53 * −76.89215 43.29513 54 * −76.97229 43.27682 55 −76.97277 43.27698 56 −76.97276 43.27705 57 −76.97254 43.27759 58 −76.97227 43.28239 59 −76.97340 43.28243 60 −76.97367 43.27763 61 −76.97356 43.27724 62 * −76.97398 43.27738 63 * −77.18445 43.28297 64 −77.18445 43.28306 65 −77.18304 43.28320 66 −77.18278 43.28414 67 −77.18315 43.28419 68 −77.18334 43.28349 69 −77.18444 43.28324 70 * −77.18444 43.28338 71 * −77.30817 43.27903 72 * −77.30843 43.27902 73 * −77.37605 43.27611 74 −77.37595 43.28695 TPAA1 −76.39049 44.08896 TPAA2 −76.37805 44.08940 TPAA3 −76.38611 44.07613 TPAA4 −76.39271 44.06881 TPAA5 −76.41217 44.07577 TPAA6 −76.39897 44.09566 TPAA7 −76.39049 44.08896 Note: Appendix B to Subpart U of Part 922—Lake Ontario National Marine Sanctuary Terms of Designation Under the authority of the National Marine Sanctuaries Act, as amended (the “Act” or “NMSA”), 16 U.S.C. 1431 et seq., 2 2 Article I: Effect of Designation The NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the cultural and historical resources and the recreational, research, and educational qualities of Lake Ontario National Marine Sanctuary (the “Sanctuary”). Section 1 of Article IV of this Designation Document lists those activities that may have to be regulated on the effective date of designation, or at some later date, in order to protect Sanctuary resources and qualities. Listing an activity does not necessarily mean that it will be regulated. However, if an activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended by the same procedures by which the original Sanctuary designation was made. Article II: Description of the Area Lake Ontario National Marine Sanctuary covers approximately 1,300 nmi 2 2 Article III: Special Characteristics of the Area Over 1,000 years ago, the Mohawk, Oneida, Onondaga, Cayuga and Seneca Nations were united into the Haudenosaunee Confederacy, under the Gayanashagowa, the Great Law of Peace. The Tuscarora later joined the Haudenosaunee Confederacy. Portions of the original homelands of the Onondaga Nation, Cayuga Nation, Seneca Nation, and Oneida Nation lie within the boundaries of the sanctuary. This area was their homeland and they developed a deep understanding of, and had a strong connection to, the land and to the water. Eastern Lake Ontario represents a diverse array of important events in our Nation's history, including military conflicts, maritime innovation, and American expansion to the west. This area has been a critical nexus of maritime trade and transportation for centuries, beginning with canoes and boats of early Indigenous peoples. During the colonial period, Lake Ontario was a strategic theater of conflict among European powers and the young American republic. Military actions occurred in the region during the French and Indian War, Revolutionary War, and the War of 1812. Later, this region was critical to the development of the American West and the Nation's industrial core. Well-preserved by cold, fresh water, the shipwrecks and other underwater cultural and historical resources in the sanctuary possess exceptional historical, archaeological and recreational value. Vessels that historically plied Lake Ontario's waters often met with treacherous conditions, which resulted in numerous wrecking events. The area contains a total of 41 known shipwrecks and one aircraft, including one shipwreck ( St. Peter David Mills) Washington Article IV: Scope of Regulations Section 1. Activities Subject to Regulation The following activities are subject to regulation under the NMSA. Such regulation may include prohibitions to ensure the protection and management of the conservation, recreational, historical, scientific, educational, cultural, archaeological, or aesthetic resources and qualities of the area. Listing an activity in the Terms of Designation does not mean that such activity is being or will be regulated. Listing an activity here means that Secretary of Commerce can regulate the activity, after complying with all applicable regulatory laws, without going through the designation procedures required by paragraphs (a) and (b) of section 304 of the NMSA, 16 U.S.C. 1434(a) and (b). Activities Subject to Regulation: • Injuring or disturbing sanctuary resources; • Possessing, transporting, or engaging in commerce of any sanctuary resource; • Grappling into or anchoring on shipwreck sites; • Deploying tethered underwater mobile systems at shipwreck sites; • Interfering with an investigation in connection with enforcement of the NMSA. Section 2. Emergencies Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality; or minimize the imminent risk of such destruction, loss, or injury, any activity and all activities, including those not listed in Section 1, are subject to immediate temporary regulation, including prohibition. An emergency regulation shall not take effect without the approval of the Governor of New York or her/his designee or designated agency. Article V: Alteration of this Designation The terms of designation, as defined under Section 304(a)(4) of the Act, may be modified only by the same procedures by which the original designation is made, including public hearings, consultations with interested Federal, Tribal, State, regional, and local authorities and agencies, review by the appropriate Congressional committees, and approval by the Secretary of Commerce, or his or her designee. Subpart V—Chumash Heritage National Marine Sanctuary Source: 89 FR 83594, Oct. 16, 2024, unless otherwise noted. § 922.230 Boundary. Chumash Heritage National Marine Sanctuary covers 4,543 mi 2 2 § 922.231 Definitions. In addition to the definitions found in § 922.11, the following terms are defined for purposes of this subpart: Beneficial use of dredged material Rodriguez Seamount Management Zone 2 2 § 922.232 Prohibited or otherwise regulated activities. (a) Except as specified in paragraphs (b) through (e) and paragraph (g) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted: (1) Exploring for, developing, or producing oil, gas, or minerals within the Sanctuary, except for oil and gas production, which includes well abandonment, pursuant to existing leases or lease units in effect on the effective date of Sanctuary designation (Nov. 30, 2024). (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter, except: (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities within the Sanctuary; (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage; (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash; (D) For a vessel less than 300 GRT, or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (E) Vessel engine or generator exhaust; (F) Beyond 3 nautical miles from shore, sewage and non-clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use by a U.S. Coast Guard vessel without sufficient holding tank capacity and without a Type I or II marine sanitation device; and beyond 12 nautical miles from shore, ammunition, pyrotechnics, or other materials directly related to training for search and rescue and live ammunition activities conducted by U.S. Coast Guard vessels and aircraft; (G) Dredged material deposited at disposal sites within the Sanctuary authorized by the U.S. Environmental Protection Agency (EPA), in consultation with the U.S. Army Corps of Engineers, prior to the effective date of Sanctuary designation (Nov. 30, 2024); or (H) Discharges incidental and necessary to oil and gas production within or into reservoirs contained within existing leases or lease units in effect on the effective date of Sanctuary designation (Nov. 30, 2024) from Platform Irene or Platform Heritage, including well abandonment. (ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash. (iii) Discharging or depositing from beyond the boundary of the Sanctuary any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except material or other matter listed as exceptions in paragraphs (a)(2)(i)(A) through (F) and (a)(2)(ii) of this section. (3) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as incidental and necessary to: (i) Conduct lawful fishing activities or lawful kelp harvesting; (ii) Anchor a vessel; (iii) Install or maintain an authorized navigational aid; (iv) Repair, replace, or rehabilitate an existing dock, pier, breakwater, or jetty; (v) Conduct maintenance dredging of entrance channels for harbors in existence prior to the effective date of Sanctuary designation (Nov. 30, 2024); or, (vi) Drill, maintain, or abandon a well necessary for purposes related to oil and gas production pursuant to existing leases or lease units in effect on the effective date of Sanctuary designation (Nov. 30, 2024) from Platform Irene or Platform Heritage. (vii) The exceptions listed in paragraphs (a)(3)(ii) through (vi) of this section do not apply in the Rodriguez Seamount Management Zone, the boundary of which is defined in appendix B to this subpart. (4) Moving, removing, or injuring, or attempting to move, remove, or injure, a Sanctuary historical resource; or possessing or attempting to possess a Sanctuary historical resource, except as necessary for valid law enforcement purposes. This prohibition does not apply to, moving, removing, or injury resulting incidentally from lawful kelp harvesting or lawful fishing activities. (5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended (MMPA), 16 U.S.C. 1361 et seq., et seq., et seq., (6) Possessing within the Sanctuary (regardless of where taken, moved, or removed from), any marine mammal, sea turtle, or bird, except as authorized by the MMPA, ESA, MBTA, by any regulation promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes. (7) Deserting a vessel aground, at anchor, or adrift in the Sanctuary or leaving harmful matter aboard a grounded or deserted vessel in the Sanctuary. (8) Attracting any white shark within the Sanctuary. (9)(i) Moving, removing, taking, collecting, catching, harvesting, disturbing, breaking, cutting, or otherwise injuring, or attempting to move, remove, take, collect, catch, harvest, disturb, break, cut, or otherwise injure, any Sanctuary resource located more than 1,500 ft. below the sea surface within the Rodriguez Seamount Management Zone, as defined in appendix B to this subpart. This prohibition does not apply to lawful fishing, which is regulated pursuant to 50 CFR part 660. (ii) Possessing any Sanctuary resource, the source of which is more than 1,500 ft. below the sea surface within the Rodriguez Seamount Management Zone, except as necessary for valid law enforcement purposes. This prohibition does not apply to possession of fish resulting from lawful fishing, which is regulated pursuant to 50 CFR part 660. (10) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass ( Morone saxatilis (11) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. (b) The prohibitions in paragraphs (a)(2) through (7) and (9) of this section do not apply to an activity necessary to respond to an emergency threatening life, property, or the environment. (c)(1) The prohibitions in paragraphs (a)(2) through (7) and (9) and (10) of this section do not apply to existing activities carried out or approved by the Department of Defense that were conducted prior to the effective date of this designation (Nov. 30, 2024), as specifically identified in section 4.9 or appendix I to the final environmental impact statement for Chumash Heritage National Marine Sanctuary (for availability, see https://sanctuaries.noaa.gov/chumash-heritage/ (2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if practicable, restore or replace the Sanctuary resource or quality. (d) The prohibitions in paragraphs (a)(2) through (9) of this section do not apply to any activity conducted under and in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary general permit issued pursuant to subpart D of this part and § 922.233, or a special use permit issued pursuant to subpart D of this part. (e) The prohibitions in paragraphs (a)(2) through (9) of this section, and paragraph (a)(10) of this section regarding any introduced species of shellfish that NOAA and the State of California have determined is non-invasive and will not cause significant adverse effects to Sanctuary resources or qualities, and that is cultivated in State waters as part of commercial shellfish aquaculture activities, do not apply to any activity authorized by any lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation (Nov. 30, 2024) and issued by any Federal, State, or local authority of competent jurisdiction, provided that the applicant complies with § 922.36, the Director notifies the applicant and authorizing agency that the Director does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals, and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date of Sanctuary designation. (f)(1) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a National Marine Sanctuary general permit under subpart D of this part and § 922.233, or an ONMS authorization or special use permit under subpart D of this part authorizing, or otherwise approve: (i) The exploration for, development, or production of oil, gas, or minerals within the Sanctuary; (ii) The discharge of untreated or primary-treated sewage within the Sanctuary (except by certification, pursuant to §§ 922.10 and 922.234, of valid authorizations in existence prior to the effective date of designation (Nov. 30, 2024) and issued by other authorities of competent jurisdiction); or (iii) The disposal of dredged material within the Sanctuary other than at sites authorized by the U.S. Environmental Protection Agency prior to the effective date of designation (Nov. 30, 2024). For the purposes of this subpart, the disposal of dredged material does not include the beneficial use of dredged material, as defined at § 922.231, related to dredging activity at Port San Luis. (2) Any purported authorizations issued by other authorities within the Sanctuary shall be invalid. (g) A person may conduct an activity prohibited by paragraphs (a)(2) through (10) of this section within the Sanctuary if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, or right of subsistence use or of access that is in existence on the effective date of Sanctuary designation (Nov. 30, 2024) and within the sanctuary designated area and complies with § 922.10, provided that the holder of the lease, permit, license, or right of subsistence use or of access complies with the certification procedures for CHNMS as outlined in § 922.234. § 922.233 Permit procedures. (a) A person may conduct an activity prohibited by § 922.232(a)(2) through (9), if such activity is specifically authorized by, and conducted in accordance with the scope, purpose, terms, and conditions of, a sanctuary general permit issued under this section and subpart D of this part. (b) Applications for permits should be addressed to the West Coast Regional Office, Office of National Marine Sanctuaries; ATTN: Superintendent, Chumash Heritage National Marine Sanctuary, 99 Pacific Street, Suite 100F, Monterey, CA 93940. § 922.234 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or other rights to conduct a prohibited activity. (a) To obtain a certification of an activity that is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, other authorization or right of subsistence use or access (hereafter in this subsection “permit or right”) in existence on the effective date of Sanctuary designation (Nov. 30, 2024) and within the sanctuary designated area, pursuant to §§ 922.10 and 922.232(g), the holder of such permit or right shall: (1) Notify the Director, in writing, within 120 days of the effective date of Sanctuary designation (Nov. 30, 2024) of the existence and location of such permit or right and requests certification of such permit or right; and (2) Comply with any terms and conditions on the exercise of such permit or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated. (3) Address any requests for certifications to: West Coast Regional Office, Office of National Marine Sanctuaries; ATTN: Superintendent, Chumash Heritage National Marine Sanctuary, 99 Pacific Street, Suite 100F, Monterey, CA 93940, or send by electronic means as defined in the instructions for the ONMS permit application. A copy of the permit or right must accompany the request. (b) A holder requesting certification of a permit or right described in § 922.232(g) may continue to conduct the activity without being in violation of Sanctuary prohibitions pending the Director's review of and decision regarding the holder's certification request, provided the holder is otherwise in compliance with this section. (c) The Director may request additional information from the holder requesting certification as the Director deems reasonably necessary to condition appropriately the exercise of the certified permit or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the date of the Director's request for information. Failure to provide the requested information within this time frame may be grounds for denial by the Director of the certification request. (d) In considering whether to impose appropriate conditions when issuing a certification, the Director may seek and consider the views of any other person or entity. (e) Upon completion of review of the permit or right and information received with respect thereto, the Director shall communicate, in writing, any decision to impose appropriate conditions on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified permit, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken. (f) The Director may amend, suspend, or revoke any certification issued under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification, or whenever the underlying permit or right on which the certification was issued has been amended, suspended or revoked. Any such action shall be forwarded in writing to both the certification holder and the agency that issued the underlying permit or right, and shall set forth reason(s) for the action taken. (g) The holder may appeal any action conditioning a certification, or after issuance of a certification, amending, suspending, or revoking any certification in accordance with the procedures set forth in § 922.37. (h) Any time limit prescribed in or established under this section may be extended by the Director for good cause. (i) It is unlawful for any person to violate any terms and conditions in a certification issued under this section. § 922.235 Memoranda of Agreement with partner agencies. (a) Introduced species aquaculture projects. (2) The MOA would specify how the process of § 922.36 in subpart D will be administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission. (b) Sunken military craft. Appendix A to Subpart V of Part 922—Chumash Heritage National Marine Sanctuary Formal Boundary Description and Coordinates The northern boundary of the sanctuary begins at Point 1 approximately 36 nautical miles (41 statute miles) WSW of Point Buchon. From Point 1 the sanctuary boundary continues east to Point 2 and then north towards Point 3 until it intersects the shoreline as defined by the mean high water (MHW) tidal datum approximately 2 nautical miles (2.3 statute miles) southeast of the entrance to the harbor at the Diablo Canyon Power Plant. From this intersection the sanctuary boundary follows the shoreline southeast past Point San Luis until it intersects the line segment formed between Point 4 and Point 5 on the southern end of the southwest breakwater of Port San Luis in San Luis Obispo Bay. From this intersection the sanctuary boundary continues northeast towards Point 5 until it intersects the shoreline at Fossil Point on the northeast side of Port San Luis. From this intersection the sanctuary boundary follows the shoreline southeast past Pismo Beach and then south past Point Sal and around Point Arguello until it intersects the line segment formed between Point 6 and Point 7 on the eastern end of the breakwater just southeast of the Point Arguello Coast Guard Rescue Station. From this intersection the sanctuary boundary continues east to Point 7 and then north towards Point 8 until it intersects the shoreline. From this intersection the sanctuary boundary continues to follow the shoreline southeast past Point Conception and then east along the Gaviota Coast until it intersects the line segment formed between Point 9 and Point 10 approximately 1.7 nautical miles (2.0 statute miles) east of Dos Pueblos Canyon near the township of Naples in Santa Barbara County. From this intersection the sanctuary boundary continues offshore south to Point 10 and turns west and continues, approximating the 3 nautical mile State Seaward Boundary, passing through each successive point in numerical order to Point 119. From Point 119 the sanctuary boundary continues southwest passing through each successive point in numerical order to Point 129. From Point 129 the sanctuary boundary continues west along its southern extent to Point 130 and then Point 131 passing to the south of Arguello Canyon and Rodriguez Seamount. From Point 131 the sanctuary boundary continues roughly north for approximately 76 nautical miles (87.5 statute miles) along its western extent passing through each successive point in numerical order while passing Santa Lucia Bank to the west until it ends at Point 154. Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983. Point ID Latitude Longitude 1 35.01394 −121.58238 2 35.01394 −120.82173 3 * 35.19306 −120.82173 4 * 35.15602 −120.74984 5 * 35.17425 −120.72509 6 * 34.55436 −120.60823 7 34.55436 −120.60643 8 * 34.55696 −120.60643 9 * 34.43590 −119.93333 10 34.37859 −119.93333 11 34.38126 −119.93822 12 34.38391 −119.94270 13 34.38362 −119.94657 14 34.38354 −119.95046 15 34.38358 −119.95292 16 34.38367 −119.95496 17 34.38381 −119.95698 18 34.38401 −119.95900 19 34.38451 −119.96257 20 34.38575 −119.96946 21 34.38677 −119.97406 22 34.38730 −119.97601 23 34.38794 −119.97815 24 34.38872 −119.98047 25 34.38958 −119.98274 26 34.39053 −119.98497 27 34.39154 −119.98716 28 34.39263 −119.98928 29 34.39379 −119.99136 30 34.39491 −119.99319 31 34.39621 −119.99514 32 34.39713 −119.99731 33 34.39823 −119.99962 34 34.39930 −120.00168 35 34.40055 −120.00386 36 34.40107 −120.00625 37 34.40173 −120.00882 38 34.40261 −120.01178 39 34.40339 −120.01409 40 34.40425 −120.01636 41 34.40527 −120.01878 42 34.40628 −120.02094 43 34.40744 −120.02320 44 34.40752 −120.02641 45 34.40774 −120.02956 46 34.40806 −120.03246 47 34.40855 −120.03569 48 34.40907 −120.03855 49 34.40971 −120.04137 50 34.41040 −120.04394 51 34.41126 −120.04667 52 34.41100 −120.04870 53 34.41077 −120.05096 54 34.41062 −120.05323 55 34.41054 −120.05528 56 34.41052 −120.05733 57 34.41056 −120.05961 58 34.41068 −120.06188 59 34.41084 −120.06392 60 34.41046 −120.06679 61 34.41021 −120.06927 62 34.41004 −120.07175 63 34.40997 −120.07424 64 34.40990 −120.07984 65 34.41002 −120.08369 66 34.40991 −120.08666 67 34.40991 −120.08964 68 34.41011 −120.09353 69 34.41051 −120.09739 70 34.41088 −120.09987 71 34.41138 −120.10255 72 34.41203 −120.10677 73 34.41251 −120.10941 74 34.41331 −120.11288 75 34.41452 −120.11729 76 34.41509 −120.11919 77 34.41571 −120.12107 78 34.41639 −120.12292 79 34.41711 −120.12474 80 34.41802 −120.12733 81 34.41937 −120.13068 82 34.42030 −120.13314 83 34.42183 −120.13678 84 34.42266 −120.14015 85 34.42285 −120.14124 86 34.42227 −120.14365 87 34.42173 −120.14631 88 34.42126 −120.14922 89 34.42091 −120.15216 90 34.42039 −120.15458 91 34.41992 −120.15725 92 34.41942 −120.16108 93 34.41913 −120.16493 94 34.41904 −120.16857 95 34.41913 −120.17221 96 34.41941 −120.17583 97 34.41986 −120.17943 98 34.41968 −120.18174 99 34.41957 −120.18378 100 34.41952 −120.18583 101 34.41952 −120.18788 102 34.41961 −120.19038 103 34.41978 −120.19288 104 34.42001 −120.19513 105 34.42034 −120.19763 106 34.42014 −120.20103 107 34.42010 −120.20468 108 34.42062 −120.21923 109 34.41994 −120.22203 110 34.41933 −120.22509 111 34.41885 −120.22818 112 34.41849 −120.23141 113 34.41819 −120.23501 114 34.41806 −120.23821 115 34.41788 −120.24012 116 34.41768 −120.24279 117 34.41758 −120.24551 118 34.41758 −120.24801 119 34.41735 −120.25140 120 34.38689 −120.26775 121 34.33744 −120.32691 122 34.30480 −120.37560 123 34.27979 −120.41671 124 34.20486 −120.53987 125 34.18182 −120.60041 126 34.10208 −120.64208 127 34.07464 −120.73023 128 33.87643 −120.85081 129 33.82377 −1720.90550 130 33.83184 −121.21320 131 33.85137 −121.34958 132 33.91005 −121.40902 133 34.08467 −121.40925 134 34.16932 −121.49111 135 34.21050 −121.49220 136 34.26897 −121.49681 137 34.32128 −121.50604 138 34.37975 −121.51066 139 34.41821 −121.51681 140 34.45284 −121.52704 141 34.54049 −121.56178 142 34.57950 −121.57941 143 34.59446 −121.59010 144 34.64285 −121.62378 145 34.65978 −121.63763 146 34.67836 −121.65637 147 34.69012 −121.66652 148 34.70722 −121.68042 149 34.72486 −121.69538 150 34.74143 −121.70340 151 34.76227 −121.70500 152 34.78952 −121.69966 153 34.89914 −121.64260 154 35.01394 −121.58238 Note 1 to appendix A: Appendix B to Subpart V of Part 922—Coordinates for Rodriguez Seamount Management Zone Within the Sanctuary Coordinates listed in this table are unprojected (Geographic) and based on the North American Datum of 1983. Point ID Longitude Latitude 1 −120.75816 34.02873 2 −120.85081 33.87643 3 −120.90550 33.82377 4 −121.21320 33.83184 5 −121.25782 33.83812 6 −121.25937 34.13926 7 −120.75892 34.14264 8 −120.75816 34.02873 Subpart W—Papahānaumokuākea National Marine Sanctuary Source: 90 FR 4891, Jan. 16, 2025, unless otherwise noted. § 922.240 Boundary. Papahānaumokuākea National Marine Sanctuary consists of an area of approximately 582,570 square miles (439,910 square nautical miles) of Pacific Ocean waters surrounding the Northwestern Hawaiian Islands and the submerged lands thereunder. The precise boundary coordinates are listed in appendix A to this subpart. The outer seaward sanctuary boundary begins approximately 200 nautical miles SW of Kure Atoll at Point 1 and continues from this point roughly north to each successive point in numerical order to Point 232 which is approximately 204 nautical miles north of Kure Atoll. From Point 232 the sanctuary boundary continues roughly ESE to each successive point in numerical order to Point 609 which is approximately 200 nautical miles NE of Necker Island. From Point 609 the sanctuary boundary continues south to Point 610 which is approximately 90 nautical miles ENE of Necker Island. From Point 610 the sanctuary boundary continues roughly east and then SE and south to Point 635 which is approximately 50 nautical miles east of Nihoa. From Point 635 the sanctuary boundary continues roughly south and then SW and west to each successive point in numerical order to Point 662 which is approximately 71 nautical miles SW of Nihoa. From Point 662 the sanctuary boundary continues south to Point 663 which is approximately 236 nautical miles SSW of Nihoa. From Point 663 the sanctuary boundary continues roughly NW to each successive point in numerical order to Point 703 which is approximately 200 nautical miles SSE of Necker Island. From Point 703 the boundary continues roughly NW to each successive point in numerical order to Point 1128 where it ends approximately 200 nautical miles SW of Kure Atoll. The inner landward boundary of the sanctuary follows the shoreline as defined by the State of Hawai'i (HAR § 13-222). § 922.241 Definitions. In addition to those definitions found at § 922.11, the following definitions apply to this subpart. To the extent that a term appears in § 922.11 and this section, the definition in this section governs. Areas to be avoided (ATBA) Bottomfish species Categories of hazardous cargoes Commercial fishing Ecological integrity Midway Atoll Special Management Area Native Hawaiian practices Non-commercial fishing Office of Law Enforcement (OLE) Outer Sanctuary Zone Particularly Sensitive Sea Area (PSSA) Pelagic species Pono Recreational activity Reporting area Scientific instrument Special Preservation Area (SPA) Stowed and not available for immediate use e.g., e.g., Sustenance fishing Vessel monitoring system (VMS) § 922.242 Cooperative management. (a) NOAA has primary responsibility for the management of the sanctuary pursuant to the National Marine Sanctuaries Act. As the sanctuary includes State waters, NOAA will co-manage Papahānaumokuākea National Marine Sanctuary with the State of Hawai'i. (b) NOAA will also manage the sanctuary in partnership with the U.S. Fish and Wildlife Service and the Office of Hawaiian Affairs. (c) Nothing in these regulations or establishment of the national marine sanctuary shall diminish U.S. Fish and Wildlife Service's authority to administer Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge under the National Wildlife Refuge System Administration Act, as amended, and other U.S. Fish and Wildlife Service authorities. Where Papahānaumokuākea National Marine Sanctuary overlays Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge, NOAA will implement the National Marine Sanctuaries Act to provide supplemental authority to protect resources. (d) NOAA, in exercising its management authority under National Marine Sanctuaries Act Section 304(d), recognizes U.S. Fish and Wildlife Service's management authority over Midway Atoll National Wildlife Refuge and Hawaiian Islands National Wildlife Refuge under the National Wildlife Refuge System Administration Act, as amended. § 922.243 Access. (a) Access to the Sanctuary is prohibited and thus unlawful except: (1) When conducting emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces in accordance with § 922.244(b) and (c); (2) Pursuant to a permit issued under § 922.245; (3) When conducting non-commercial fishing activities in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act in accordance with § 922.244 (d); (4) When conducting scientific exploration or research activities by or for the Secretary of Commerce or the Secretary of the Interior in the Outer Sanctuary Zone in accordance with § 922.244 (f). (5) When conducting passage without interruption in accordance with paragraphs (b), (c), and (d) of this section. (b) A vessel may pass without interruption through the sanctuary without requiring a permit as long as the vessel does not stop or engage in the prohibited activities listed in § 922.244 within the sanctuary. (c) For areas of the sanctuary that are contained within the reporting area surrounding the Particularly Sensitive Sea Area (PSSA) designated by the International Maritime Organization (IMO), a ship reporting system (CORAL SHIPREP) specified below shall be in effect. The coordinates for the Reporting Area are listed in appendix E to this subpart. (1) The following vessels, except vessels entitled to sovereign immunity under international law, passing through the reporting area of the sanctuary without interruption, must participate in the ship reporting system as specified in paragraphs (c)(2) through (6) of this section: (i) Vessels of the United States of any size; (ii) All other ships 300 gross tonnage or greater that are entering or departing a United States port or place; and (iii) All other ships of any size entering or departing a United States port or place and experiencing an emergency while transiting through the reporting area. (2) All vessels passing through the reporting area of the sanctuary without interruption other than those described in paragraph (c)(1) of this section are encouraged to participate in the ship reporting system set forth in paragraphs (c)(2) through (6) of this section. (3) Immediately upon entering the reporting area, vessels described in paragraph (c)(1) of this section must provide the following information by email sent to [email protected] (i) Vessel name, call sign or ship station identity, flag, and IMO identification number if applicable, and either Federal documentation or State registration number if applicable; (ii) Date, time (UTC) and month of entry; (iii) Position; (iv) True course; (v) Speed in knots and tenths; (vi) Destination and estimated time of arrival; (vii) Intended route through the reporting area; (viii) Vessel draft (in meters); (ix) Categories of hazardous cargoes on board; (x) Any vessel defects or deficiencies that restrict maneuverability or impair normal navigation; (xi) Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ; (xii) Contact information for the vessel's agent or owner; (xiii) Vessel size (length overall, gross tonnage) and type; and (xiv) Total number of persons on board. (4) Immediately upon leaving the reporting area, vessels described in paragraph (c)(1) of this section must provide the following information by email sent to [email protected] (i) Vessel name, call sign or ship station identity, flag, and IMO identification number if applicable, and either Federal documentation or State registration number if applicable; (ii) Date, time (UTC), and month of exit; (iii) Position; and (iv) Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ. (5) For vessels that are not equipped with on-board email capability, advanced notice of entrance (as outlined in paragraph (c)(3) of this section) shall be provided at least 72 hours, but not more than one month, prior to entering the reporting area. Notification of departure (as outlined in paragraph (c)(4) of this section) must be provided within 12 hours of leaving the reporting area. Notification under this paragraph may be made by email, telephone, or fax, by contacting: (i) Email: [email protected]; (ii) Telephone: 1-808-395-6944 or 1-866-478-6944; or (iii) Fax: 1-808-455-3093. (6) Further reports shall be made by the vessels described in paragraph (c)(1) of this section, and are encouraged for the vessels described in paragraph (c)(2) of this section, whenever there is a change in navigation status or circumstances, particularly in relation to the intended route, defects or deficiencies, pollution incidents, or goods lost overboard. § 922.244 Prohibited or otherwise regulated activities. (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the sanctuary, except as specified in paragraphs (b) through (f) of this section: (1) Exploring for, developing, or producing oil, gas, or minerals, or any energy development activities; (2) Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a sanctuary resource; (3) Introducing or otherwise releasing an introduced species from within or into the sanctuary; (4) Deserting a vessel; (5) Anchoring on or having a vessel anchored on any living or dead coral with an anchor, anchor chain, or anchor rope; (6) Commercial fishing, or possessing commercial fishing gear except when stowed and not available for immediate use; (7) Failing to comply with the vessel monitoring system requirements in violation of § 922.246. (8) Failing to comply with ship reporting requirements in violation of § 922.243. (9) Non-commercial fishing, or possessing non-commercial fishing gear except when stowed and not available for immediate use; (10) Drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands; (11) Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving sanctuary resource; (12) Attracting any living sanctuary resource; (13) Touching coral, living or dead; (14) Swimming, snorkeling, or closed or open circuit SCUBA diving; (15) Discharging or depositing any material or other matter into the sanctuary, or discharging or depositing any material or other matter outside of the sanctuary that subsequently enters the sanctuary and injures or has the potential to injure any resources of the sanctuary, except for: (i) Fish, fish parts, or chumming materials (bait) used in or resulting from lawful fishing activity, provided that such discharge or deposit is during the conduct of lawful fishing activity within the sanctuary; (ii) Discharge incidental to vessel operations such as approved marine sanitation device effluent, cooling water, and engine exhaust, consistent with Federal statute or regulation; and (iii) Within Special Preservation Areas or the Midway Atoll Special Management Area, discharging or depositing material or other matter is limited to vessel engine cooling water, weather deck runoff, and vessel engine exhaust, consistent with Federal statute or regulation. (16) Anchoring a vessel. (b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for law enforcement purposes. (c) The prohibitions in paragraph (a) of this section do not apply to activities and exercises of the U.S. Armed Forces (including those carried out by the U.S. Coast Guard). This includes the U.S. Armed Forces' response to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution. All activities and exercises of the U.S. Armed Forces shall be carried out in a manner that avoids, to the extent practicable and consistent with operational requirements, adverse impacts on sanctuary resources and qualities. These regulations shall not limit or otherwise affect the U.S. Armed Forces discretion to use, maintain, improve, manage, or control any property under their administrative control or otherwise limit the availability of such property for military mission purposes, including, but not limited to, defensive areas and airspace reservations. (d) The prohibitions in paragraph (a)(9) through (12), and (a)(14) of this section do not apply to non-commercial fishing activities in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act provided that: (1) Fish harvested, either in whole or in part, are not intended to enter commerce and shall not enter commerce through sale, barter, or trade, and that the resource is managed sustainably; (2) Fish harvested, either in whole or in part, are not intended to be sold and shall not be sold for any purposes, including, but not limited to, cost-recovery; and (3) The activities under paragraph (a)(9) through (12), and (a)(14) are only conducted as incidental to and necessary to conduct lawful non-commercial fishing activity. (e) The prohibitions in paragraphs (a)(9) through (16) of this section, do not apply to any activity conducted under and in accordance with the scope, purpose, terms, and conditions of a sanctuary general permit, or special use permit issued pursuant to subpart D of this part. In no event, may the Director issue a National Marine Sanctuary general permit or special use permit authorizing or otherwise approving activities listed in paragraph (a)(10) of this section for anything other than scientific instruments, when the activity occurs within the Outer Sanctuary Zone. (f) The prohibitions in paragraph (a) of this section shall not restrict scientific exploration or research activities by or for the Secretary of Commerce or the Secretary of the Interior when the activity occurs within the Outer Sanctuary Zone. § 922.245 Permit procedures and criteria. (a) A person may conduct an activity otherwise prohibited by § 922.244(a)(9) through (16), if such activity is specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subpart D of this part, and any additional permit issuance criteria and requirements in paragraphs (a)(1) and (a)(2) of this section. (1) Native Hawaiian Practices (i) The activity is non-commercial and will not involve the sale of any organism or material collected; (ii) The purpose and intent of this activity is appropriate and deemed necessary by traditional standards in the Native Hawaiian culture (pono), and demonstrates an understanding of, and background in, the traditional practice, and its associated values and protocols; (iii) The activity benefits the resources of the Northwestern Hawaiian Islands and the Native Hawaiian community; (iv) The activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern Hawaiian Islands; and (v) Any living sanctuary resource harvested from the sanctuary will be consumed or utilized in the sanctuary. (2) Recreation permits (i) The activity is limited to the Midway Atoll Special Management Area. (ii) The activity is for the purpose of recreational activities as defined in § 922.241; (iii) The activity is not associated with any for-hire operation; (iv) The activity does not involve any extractive use; and (b) Applications for permits should be addressed to the NOAA Inouye Regional Center, Office of National Marine Sanctuaries; ATT: Permit Coordinator, Papahānaumokuākea, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. (c) The Secretary of Commerce may authorize sustenance fishing outside of any Special Preservation Area as a term or condition of any general permit or special use permit issued under this section and subpart D of this part. Sustenance fishing in the Midway Atoll Special Management Area shall not be allowed unless the activity has been determined by the Director of the U.S. Fish and Wildlife Service or their designee to be compatible with the purposes for which the Midway Atoll National Wildlife Refuge was established. Sustenance fishing must be conducted in a manner compatible with this part, including considering the extent to which the conduct of the activity may diminish Sanctuary resources, qualities, and ecological integrity, as well as any indirect, secondary, or cumulative effects of the activity and the duration of such effects. The Secretary of Commerce may develop procedures for systematic reporting of sustenance fishing. (d) In addition to other applicable permit issuance criteria and requirements, a permit may not be issued under this section unless the applicant's vessel has been outfitted with a VMS unit approved by OLE and the applicant complies with the requirements of § 922.246. § 922.246 Requirements for a vessel monitoring system. (a) Requirement for use. (b) Installing and activating the VMS. (2) The owner or operator of a vessel must coordinate with OLE to install and activate an approved VMS prior to operating within the sanctuary. For the purposes of this section, the following contact information applies: (i) OLE. [email protected]; (ii) VMS Helpdesk. [email protected]; (c) Interruption of operation of the VMS. (d) Activities Regarding VMS For Vessels Operating in the Sanctuary. (1) Operating any vessel within the sanctuary without an OLE type-approved VMS; (2) Failing to install, activate, repair, or replace a VMS prior to entering the sanctuary; (3) Failing to operate and maintain a VMS on board the vessel; (4) Tampering with, damaging, destroying, altering, or in any way distorting, rendering useless, inoperative, ineffective, or inaccurate the VMS, or VMS signal, or attempting any of the same; (5) Failing to contact OLE or follow OLE instructions when automatic position reporting has been interrupted; (6) Registering a VMS to more than one vessel permitted to operate within the sanctuary at the same time; (7) Connecting or leaving connected additional equipment to a VMS unit without the prior approval of OLE; and (8) Making a false statement, oral or written, to an authorized officer regarding the installation, use, operation, or maintenance of a VMS unit-or communication service provider. § 922.247 Sunken military craft. Sunken military craft are administered by the respective Secretary concerned pursuant to the Sunken Military Craft Act (Pub. L. 108-375, Title XIV, sections 1401 to 1408; 10 U.S.C. 113 note). The Director will enter into a Memorandum of Agreement regarding collaboration with other Federal agencies charged with implementing the Sunken Military Craft Act that may address aspects of managing and protecting sunken military craft. The Director will request approval from the Secretary concerned for any terms and conditions of ONMS permits that may involve sunken military craft. Appendix A to Subpart W of Part 922—Papahānaumokuākea National Marine Sanctuary Boundary Description and Coordinates [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] Point No. Longitude Latitude 1 180.00000 25.38976 2 179.99985 25.38982 3 179.96681 25.40451 4 179.93392 25.41950 5 179.90119 25.43478 6 179.86863 25.45034 7 179.83622 25.46619 8 179.78793 25.49050 9 179.75595 25.50707 10 179.72415 25.52391 11 179.69252 25.54104 12 179.66108 25.55844 13 179.62981 25.57612 14 179.59874 25.59408 15 179.56786 25.61231 16 179.53716 25.63081 17 179.50667 25.64959 18 179.47637 25.66863 19 179.44627 25.68794 20 179.41638 25.70751 21 179.38670 25.72735 22 179.35722 25.74745 23 179.32796 25.76781 24 179.28448 25.79883 25 179.25576 25.81983 26 179.22255 25.84463 27 179.18175 25.87583 28 179.15383 25.89770 29 179.12613 25.91982 30 179.09868 25.94218 31 179.07146 25.96479 32 179.03108 25.99915 33 179.00447 26.02235 34 178.97810 26.04578 35 178.93902 26.08137 36 178.91329 26.10537 37 178.88781 26.12961 38 178.86259 26.15407 39 178.82525 26.19117 40 178.80068 26.21618 41 178.77639 26.24141 42 178.75236 26.26685 43 178.71683 26.30540 44 178.69349 26.33136 45 178.65901 26.37068 46 178.63637 26.39715 47 178.61378 26.42409 48 178.59171 26.45096 49 178.56993 26.47801 50 178.54844 26.50526 51 178.52725 26.53270 52 178.49601 26.57420 53 178.46544 26.61611 54 178.44544 26.64427 55 178.41601 26.68685 56 178.39677 26.71544 57 178.37784 26.74421 58 178.35922 26.77314 59 178.34092 26.80223 60 178.30653 26.85803 61 178.28885 26.88744 62 178.26294 26.93185 63 178.24606 26.96164 64 178.22951 26.99158 65 178.21329 27.02166 66 178.19632 27.05394 67 178.17402 27.09774 68 178.15895 27.12831 69 178.14422 27.15901 70 178.12274 27.20529 71 178.10884 27.23631 72 178.08864 27.28305 73 178.06920 27.33006 74 178.05667 27.36154 75 178.03853 27.40896 76 178.02687 27.44071 77 178.01003 27.48851 78 177.99924 27.52051 79 177.98881 27.55259 80 177.97873 27.58477 81 177.96901 27.61703 82 177.95509 27.66559 83 177.94198 27.71432 84 177.93368 27.74690 85 177.92568 27.77984 86 177.91811 27.81256 87 177.90744 27.86176 88 177.90079 27.89464 89 177.89149 27.94406 90 177.88574 27.97707 91 177.88037 28.01014 92 177.87300 28.05982 93 177.86647 28.10959 94 177.86258 28.14281 95 177.85744 28.19271 96 177.85447 28.22601 97 177.85073 28.27600 98 177.84871 28.30936 99 177.84706 28.34273 100 177.84529 28.39281 101 177.84436 28.44291 102 177.84422 28.47631 103 177.84445 28.50971 104 177.84551 28.55981 105 177.84670 28.59348 106 177.84844 28.63098 107 177.85148 28.68101 108 177.85399 28.71434 109 177.85761 28.75561 110 177.86197 28.79830 111 177.86786 28.84813 112 177.87226 28.88131 113 177.87543 28.90360 114 177.87967 28.93173 115 177.88514 28.96554 116 177.89133 29.00123 117 177.90063 29.05066 118 177.90735 29.08379 119 177.91806 29.13300 120 177.92567 29.16572 121 177.93780 29.21468 122 177.94636 29.24722 123 177.95989 29.29590 124 177.96959 29.32896 125 177.97946 29.36122 126 177.98970 29.39340 127 178.00575 29.44148 128 178.01692 29.47341 129 178.03438 29.52113 130 178.04647 29.55280 131 178.06531 29.60012 132 178.08497 29.64717 133 178.09853 29.67840 134 178.11268 29.71000 135 178.13426 29.75642 136 178.15665 29.80255 137 178.17203 29.83313 138 178.19577 29.87875 139 178.21216 29.90921 140 178.22879 29.93930 141 178.25439 29.98416 142 178.27525 30.01949 143 178.29311 30.04905 144 178.31861 30.09001 145 178.34009 30.12350 146 178.35931 30.15271 147 178.38857 30.19588 148 178.41018 30.22681 149 178.43934 30.26737 150 178.47063 30.30946 151 178.49239 30.33792 152 178.51400 30.36556 153 178.54703 30.40666 154 178.57973 30.44608 155 178.60482 30.47552 156 178.62805 30.50216 157 178.65341 30.53061 158 178.68811 30.56854 159 178.71589 30.59815 160 178.75298 30.63662 161 178.77809 30.66199 162 178.80351 30.68713 163 178.84220 30.72443 164 178.88157 30.76121 165 178.90818 30.78543 166 178.94864 30.82133 167 178.97598 30.84496 168 179.00360 30.86835 169 179.04556 30.90297 170 179.07393 30.92578 171 179.11693 30.95947 172 179.14594 30.98161 173 179.18995 31.01433 174 179.21963 31.03582 175 179.26463 31.06757 176 179.29516 31.08855 177 179.34112 31.11928 178 179.38763 31.14941 179 179.41894 31.16915 180 179.45050 31.18861 181 179.49827 31.21728 182 179.54657 31.24532 183 179.57905 31.26365 184 179.61792 31.28512 185 179.65085 31.30287 186 179.70065 31.32895 187 179.73411 31.34598 188 179.77707 31.36728 189 179.81095 31.38371 190 179.86214 31.40779 191 179.89652 31.42346 192 179.94844 31.44640 193 179.98329 31.46131 194 −180.00000 31.46823 195 −179.96410 31.48309 196 −179.92880 31.49722 197 −179.89333 31.51105 198 −179.83980 31.53119 199 −179.78591 31.55062 200 −179.74978 31.56318 201 −179.71350 31.57542 202 −179.65880 31.59317 203 −179.62215 31.60460 204 −179.56692 31.62114 205 −179.51138 31.63695 206 −179.47371 31.64721 207 −179.41770 31.66179 208 −179.38021 31.67109 209 −179.33210 31.68252 210 −179.28243 31.69383 211 −179.23675 31.70369 212 −179.19878 31.71149 213 −179.16071 31.71896 214 −179.10344 31.72953 215 −179.06516 31.73615 216 −179.00758 31.74546 217 −178.94983 31.75399 218 −178.90738 31.75980 219 −178.86874 31.76473 220 −178.82975 31.76934 221 −178.79099 31.77358 222 −178.75218 31.77748 223 −178.71332 31.78104 224 −178.67441 31.78425 225 −178.63547 31.78712 226 −178.59650 31.78964 227 −178.55749 31.79182 228 −178.51846 31.79366 229 −178.47941 31.79515 230 −178.43412 31.79649 231 −178.39504 31.79729 232 −178.35596 31.79775 233 −178.32396 31.79786 234 −178.28487 31.79769 235 −178.24553 31.79717 236 −178.20645 31.79631 237 −178.16738 31.79510 238 −178.12834 31.79354 239 −178.08931 31.79165 240 −178.05031 31.78940 241 −178.01134 31.78682 242 −177.97241 31.78389 243 −177.93351 31.78061 244 −177.89466 31.77699 245 −177.85585 31.77303 246 −177.81646 31.76865 247 −177.77776 31.76401 248 −177.73912 31.75902 249 −177.70055 31.75369 250 −177.66205 31.74802 251 −177.62362 31.74202 252 −177.58526 31.73567 253 −177.54140 31.72800 254 −177.50321 31.72097 255 −177.46512 31.71361 256 −177.42712 31.70592 257 −177.38921 31.69789 258 −177.35141 31.68952 259 −177.31372 31.68082 260 −177.27613 31.67179 261 −177.23866 31.66242 262 −177.20131 31.65273 263 −177.16094 31.64185 264 −177.12384 31.63149 265 −177.08687 31.62082 266 −177.04995 31.60978 267 −176.99406 31.60543 268 −176.95227 31.60174 269 −176.91352 31.59795 270 −176.87481 31.59382 271 −176.83616 31.58934 272 −176.79756 31.58453 273 −176.73979 31.57666 274 −176.70136 31.57100 275 −176.66300 31.56499 276 −176.60561 31.55534 277 −176.56718 31.54844 278 −176.52911 31.54125 279 −176.49114 31.53372 280 −176.45325 31.52586 281 −176.41282 31.51708 282 −176.37095 31.50759 283 −176.33338 31.49873 284 −176.29414 31.48910 285 −176.23818 31.47469 286 −176.20102 31.46467 287 −176.14552 31.44902 288 −176.10869 31.43818 289 −176.07199 31.42701 290 −176.03543 31.41553 291 −175.99902 31.40371 292 −175.94468 31.38539 293 −175.90865 31.37278 294 −175.87278 31.35985 295 −175.83644 31.34637 296 −175.80089 31.33281 297 −175.76551 31.31893 298 −175.72777 31.30370 299 −175.67361 31.30264 300 −175.62462 31.30118 301 −175.58577 31.29962 302 −175.56300 31.29856 303 −175.50480 31.29533 304 −175.44667 31.29132 305 −175.38862 31.28654 306 −175.33066 31.28099 307 −175.27281 31.27467 308 −175.21509 31.26757 309 −175.15433 31.25928 310 −175.10019 31.25117 311 −175.05021 31.24316 312 −174.99307 31.23327 313 −174.93613 31.22261 314 −174.87938 31.21120 315 −174.82112 31.19865 316 −174.78357 31.19012 317 −174.74612 31.18126 318 −174.69017 31.16735 319 −174.65301 31.15766 320 −174.61598 31.14764 321 −174.57907 31.13730 322 −174.54229 31.12663 323 −174.48737 31.11001 324 −174.43277 31.09266 325 −174.39656 31.08069 326 −174.36049 31.06840 327 −174.32457 31.05579 328 −174.28881 31.04287 329 −174.25322 31.02962 330 −174.21779 31.01607 331 −174.16782 30.99630 332 −174.12317 30.97807 333 −174.08834 30.96342 334 −174.03646 30.94087 335 −174.00210 30.92545 336 −173.95092 30.90176 337 −173.91394 30.88410 338 −173.88027 30.86763 339 −173.83015 30.84236 340 −173.79699 30.82515 341 −173.74828 30.79912 342 −173.71286 30.77965 343 −173.67333 30.75735 344 −173.63202 30.73339 345 −173.60020 30.71444 346 −173.56860 30.69522 347 −173.52165 30.66586 348 −173.49065 30.64594 349 −173.45306 30.62120 350 −173.40817 30.59091 351 −173.37804 30.57004 352 −173.34479 30.54651 353 −173.30046 30.51431 354 −173.25673 30.48153 355 −173.22791 30.45935 356 −173.19936 30.43692 357 −173.15960 30.40490 358 −173.12000 30.37227 359 −173.09242 30.34897 360 −173.06512 30.32542 361 −173.02470 30.28965 362 −172.98494 30.25335 363 −172.95880 30.22886 364 −172.93295 30.20413 365 −172.89474 30.16662 366 −172.85721 30.12860 367 −172.83096 30.10131 368 −172.79458 30.06247 369 −172.77072 30.03631 370 −172.74717 30.00995 371 −172.71244 29.97001 372 −172.67843 29.92961 373 −172.65616 29.90243 374 −172.62336 29.86129 375 −172.60190 29.83362 376 −172.57892 29.80334 377 −172.55812 29.77530 378 −172.52756 29.73290 379 −172.50760 29.70441 380 −172.48798 29.67574 381 −172.46870 29.64690 382 −172.44976 29.61789 383 −172.42200 29.57406 384 −172.40392 29.54464 385 −172.37746 29.50021 386 −172.35178 29.45544 387 −172.33510 29.42540 388 −172.31074 29.38007 389 −172.29495 29.34967 390 −172.27193 29.30382 391 −172.25703 29.27308 392 −172.23535 29.22673 393 −172.22135 29.19567 394 −172.20103 29.14885 395 −172.18794 29.11749 396 −172.18269 29.10461 397 −172.14425 29.10857 398 −172.10644 29.11211 399 −172.06858 29.11531 400 −172.01172 29.11947 401 −171.95480 29.12286 402 −171.91682 29.12469 403 −171.87882 29.12618 404 −171.82179 29.12776 405 −171.78376 29.12839 406 −171.73360 29.12869 407 −171.67655 29.12830 408 −171.63852 29.12761 409 −171.60049 29.12658 410 −171.54349 29.12439 411 −171.50552 29.12249 412 −171.45928 29.11977 413 −171.42136 29.11719 414 −171.38347 29.11427 415 −171.32671 29.10925 416 −171.28892 29.10547 417 −171.25118 29.10135 418 −171.21350 29.09689 419 −171.17551 29.09204 420 −171.13794 29.08690 421 −171.10043 29.08142 422 −171.04430 29.07256 423 −171.00697 29.06623 424 −170.96972 29.05956 425 −170.93255 29.05256 426 −170.89547 29.04522 427 −170.85848 29.03755 428 −170.82159 29.02954 429 −170.78479 29.02120 430 −170.74809 29.01253 431 −170.69325 28.99890 432 −170.65683 28.98940 433 −170.60242 28.97453 434 −170.56630 28.96421 435 −170.53030 28.95356 436 −170.49444 28.94259 437 −170.44089 28.92552 438 −170.40537 28.91374 439 −170.36999 28.90164 440 −170.33476 28.88922 441 −170.29968 28.87648 442 −170.24735 28.85678 443 −170.21266 28.84325 444 −170.16441 28.82380 445 −170.11868 28.81843 446 −170.06241 28.81110 447 −170.00627 28.80301 448 −169.95029 28.79415 449 −169.89448 28.78454 450 −169.85736 28.77770 451 −169.80186 28.76683 452 −169.74655 28.75519 453 −169.69147 28.74281 454 −169.63661 28.72968 455 −169.60017 28.72051 456 −169.54573 28.70614 457 −169.49155 28.69103 458 −169.45559 28.68055 459 −169.40188 28.66422 460 −169.34847 28.64716 461 −169.29538 28.62937 462 −169.24262 28.61087 463 −169.19019 28.59165 464 −169.13811 28.57172 465 −169.08640 28.55108 466 −169.03506 28.52974 467 −169.00106 28.51513 468 −168.95037 28.49263 469 −168.90010 28.46945 470 −168.85025 28.44559 471 −168.81726 28.42931 472 −168.76813 28.40432 473 −168.71946 28.37867 474 −168.67125 28.35237 475 −168.62352 28.32541 476 −168.58344 28.30203 477 −168.53902 28.30813 478 −168.48296 28.31510 479 −168.42677 28.32131 480 −168.37049 28.32675 481 −168.33291 28.32995 482 −168.27648 28.33411 483 −168.21998 28.33750 484 −168.16342 28.34011 485 −168.10683 28.34195 486 −168.05021 28.34302 487 −168.00043 28.34332 488 −167.94380 28.34293 489 −167.88718 28.34177 490 −167.83059 28.33983 491 −167.77404 28.33713 492 −167.73621 28.33488 493 −167.67976 28.33089 494 −167.62339 28.32613 495 −167.56712 28.32059 496 −167.51095 28.31429 497 −167.45490 28.30722 498 −167.39898 28.29939 499 −167.34321 28.29079 500 −167.30612 28.28464 501 −167.25063 28.27477 502 −167.21374 28.26778 503 −167.15856 28.25665 504 −167.10359 28.24478 505 −167.04884 28.23215 506 −166.99432 28.21878 507 −166.94004 28.20466 508 −166.88603 28.18981 509 −166.85017 28.17950 510 −166.81444 28.16886 511 −166.79269 28.16220 512 −166.76001 28.15196 513 −166.72461 28.14051 514 −166.68934 28.12874 515 −166.65422 28.11665 516 −166.61924 28.10424 517 −166.58441 28.09152 518 −166.54974 28.07847 519 −166.51522 28.06511 520 −166.48086 28.05144 521 −166.42964 28.03034 522 −166.39570 28.01589 523 −166.36193 28.00113 524 −166.31162 27.97842 525 −166.27830 27.96290 526 −166.24517 27.94707 527 −166.21223 27.93095 528 −166.17948 27.91452 529 −166.14693 27.89780 530 −166.11458 27.88078 531 −166.06622 27.85459 532 −166.03438 27.83684 533 −166.00275 27.81881 534 −165.97134 27.80048 535 −165.94014 27.78187 536 −165.90917 27.76298 537 −165.87842 27.74381 538 −165.83251 27.71439 539 −165.80234 27.69452 540 −165.77240 27.67438 541 −165.74243 27.65378 542 −165.71297 27.63310 543 −165.68375 27.61215 544 −165.65478 27.59094 545 −165.62607 27.56946 546 −165.59760 27.54773 547 −165.56939 27.52573 548 −165.54144 27.50348 549 −165.50001 27.46963 550 −165.47272 27.44675 551 −165.44570 27.42363 552 −165.41895 27.40026 553 −165.39248 27.37664 554 −165.36628 27.35279 555 −165.34036 27.32870 556 −165.30201 27.29213 557 −165.27680 27.26746 558 −165.25188 27.24256 559 −165.21504 27.20478 560 −165.19085 27.17932 561 −165.16695 27.15365 562 −165.14335 27.12775 563 −165.12006 27.10164 564 −165.09707 27.07533 565 −165.07732 27.05226 566 −165.03132 27.03829 567 −164.99614 27.02718 568 −164.96109 27.01574 569 −164.90877 26.99799 570 −164.85677 26.97951 571 −164.82201 26.96670 572 −164.70700 26.92271 573 −164.68299 26.92268 574 −164.64572 26.92233 575 −164.58983 26.92117 576 −164.55259 26.91997 577 −164.51536 26.91843 578 −164.45955 26.91547 579 −164.40380 26.91174 580 −164.34813 26.90724 581 −164.29254 26.90197 582 −164.25554 26.89803 583 −164.21858 26.89375 584 −164.16325 26.88669 585 −164.10804 26.87887 586 −164.05299 26.87029 587 −164.01637 26.86414 588 −163.97983 26.85766 589 −163.92516 26.84731 590 −163.87068 26.83620 591 −163.81641 26.82434 592 −163.78034 26.81602 593 −163.74438 26.80737 594 −163.69063 26.79377 595 −163.63712 26.77943 596 −163.58387 26.76435 597 −163.54853 26.75389 598 −163.51331 26.74310 599 −163.46071 26.72632 600 −163.40842 26.70881 601 −163.35645 26.69058 602 −163.30480 26.67164 603 −163.27056 26.65861 604 −163.21948 26.63848 605 −163.16876 26.61765 606 −163.13516 26.60337 607 −163.08506 26.58138 608 −163.03536 26.55870 609 −163.00000 26.54202 610 −163.00000 24.11409 611 −161.74242 23.88042 612 −161.68679 23.86839 613 −161.63210 23.85316 614 −161.57857 23.83478 615 −161.52642 23.81332 616 −161.47586 23.78888 617 −161.42708 23.76155 618 −161.38029 23.73144 619 −161.33566 23.69868 620 −161.29337 23.66338 621 −161.25360 23.62570 622 −161.21650 23.58578 623 −161.18221 23.54379 624 −161.15087 23.49989 625 −161.12260 23.45425 626 −161.09751 23.40707 627 −161.07569 23.35851 628 −161.05724 23.30879 629 −161.04221 23.25809 630 −161.03067 23.20662 631 −161.02266 23.15458 632 −161.01820 23.10217 633 −161.01730 23.04961 634 −161.01998 22.99711 635 −161.02620 22.94485 636 −161.03595 22.89307 637 −161.04919 22.84195 638 −161.06584 22.79170 639 −161.08586 22.74252 640 −161.10915 22.69460 641 −161.13562 22.64812 642 −161.16516 22.60327 643 −161.19766 22.56023 644 −161.23298 22.51916 645 −161.27099 22.48022 646 −161.31153 22.44356 647 −161.35444 22.40934 648 −161.39956 22.37767 649 −161.44671 22.34869 650 −161.49571 22.32250 651 −161.54635 22.29922 652 −161.59846 22.27892 653 −161.65181 22.26168 654 −161.70621 22.24758 655 −161.76145 22.23667 656 −161.81730 22.22899 657 −161.87356 22.22458 658 −161.93000 22.22343 659 −161.98641 22.22557 660 −162.04257 22.23099 661 −162.09826 22.23966 662 −163.00000 22.40727 663 −163.00000 19.23458 664 −163.02954 19.26137 665 −163.05474 19.28472 666 −163.07971 19.30831 667 −163.10443 19.33213 668 −163.12891 19.35619 669 −163.15314 19.38047 670 −163.18902 19.41731 671 −163.21262 19.44214 672 −163.23597 19.46720 673 −163.25906 19.49248 674 −163.28189 19.51796 675 −163.31564 19.55659 676 −163.33781 19.58261 677 −163.35971 19.60883 678 −163.38134 19.63525 679 −163.41328 19.67526 680 −163.43423 19.70218 681 −163.45490 19.72929 682 −163.47678 19.75859 683 −163.49689 19.78608 684 −163.51671 19.81376 685 −163.54591 19.85562 686 −163.56501 19.88376 687 −163.58383 19.91207 688 −163.60235 19.94056 689 −163.62957 19.98361 690 −163.64735 20.01252 691 −163.66483 20.04159 692 −163.68201 20.07083 693 −163.69888 20.10022 694 −163.71545 20.12977 695 −163.73841 20.17192 696 −163.75664 20.18197 697 −163.78708 20.19906 698 −163.81734 20.21644 699 −163.84743 20.23409 700 −163.87734 20.25202 701 −163.90706 20.27022 702 −163.93659 20.28870 703 −163.95588 20.30099 704 −163.98535 20.29532 705 −164.02014 20.28893 706 −164.07244 20.27996 707 −164.12487 20.27171 708 −164.17742 20.26419 709 −164.23008 20.25739 710 −164.28284 20.25133 711 −164.33569 20.24599 712 −164.38861 20.24139 713 −164.44159 20.23752 714 −164.49463 20.23438 715 −164.54771 20.23197 716 −164.58106 20.23084 717 −164.60571 20.23016 718 −164.65884 20.22922 719 −164.71217 20.22902 720 −164.74760 20.22929 721 −164.78302 20.22990 722 −164.83614 20.23141 723 −164.88922 20.23366 724 −164.92459 20.23557 725 −164.97761 20.23904 726 −165.01292 20.24176 727 −165.04914 20.24489 728 −165.10201 20.25007 729 −165.13720 20.25393 730 −165.18992 20.26033 731 −165.24253 20.26745 732 −165.27754 20.27261 733 −165.31250 20.27808 734 −165.36483 20.28690 735 −165.41702 20.29644 736 −165.45173 20.30321 737 −165.50401 20.31402 738 −165.54798 20.32372 739 −165.60124 20.31609 740 −165.65391 20.30930 741 −165.70669 20.30323 742 −165.75955 20.29790 743 −165.81249 20.29329 744 −165.86549 20.28942 745 −165.91855 20.28628 746 −165.97164 20.28388 747 −166.02477 20.28221 748 −166.07792 20.28127 749 −166.13108 20.28107 750 −166.18423 20.28161 751 −166.23737 20.28287 752 −166.29049 20.28488 753 −166.34357 20.28762 754 −166.36478 20.28892 755 −166.39682 20.29110 756 −166.43214 20.29382 757 −166.48507 20.29852 758 −166.52032 20.30205 759 −166.57311 20.30796 760 −166.61798 20.31350 761 −166.65308 20.31816 762 −166.70563 20.32577 763 −166.74060 20.33125 764 −166.77552 20.33705 765 −166.82777 20.34635 766 −166.87988 20.35637 767 −166.91453 20.36345 768 −166.94911 20.37085 769 −166.99267 20.38061 770 −167.02709 20.38865 771 −167.07857 20.40130 772 −167.11278 20.41012 773 −167.14689 20.41926 774 −167.19433 20.43226 775 −167.22830 20.44187 776 −167.26218 20.45180 777 −167.29596 20.46203 778 −167.32963 20.47258 779 −167.36319 20.48344 780 −167.39664 20.49460 781 −167.44659 20.51193 782 −167.47975 20.52386 783 −167.51278 20.53610 784 −167.54695 20.54912 785 −167.57973 20.56197 786 −167.61238 20.57511 787 −167.64489 20.58856 788 −167.67726 20.60230 789 −167.70949 20.61635 790 −167.74158 20.63068 791 −167.77351 20.64532 792 −167.80530 20.66024 793 −167.83694 20.67546 794 −167.86841 20.69097 795 −167.91533 20.71478 796 −167.94640 20.73101 797 −167.97731 20.74752 798 −168.00804 20.76432 799 −168.03861 20.78140 800 −168.08412 20.80755 801 −168.11424 20.82533 802 −168.14417 20.84338 803 −168.17392 20.86172 804 −168.20348 20.88032 805 −168.24746 20.90873 806 −168.27653 20.92801 807 −168.31977 20.95743 808 −168.36255 20.98744 809 −168.40487 21.01804 810 −168.43282 21.03877 811 −168.47433 21.07033 812 −168.50174 21.09169 813 −168.54244 21.12420 814 −168.58263 21.15727 815 −168.62230 21.19089 816 −168.66145 21.22506 817 −168.68726 21.24813 818 −168.71283 21.27145 819 −168.75073 21.30685 820 −168.77569 21.33074 821 −168.81266 21.36701 822 −168.83700 21.39147 823 −168.87302 21.42858 824 −168.90847 21.46618 825 −168.93178 21.49152 826 −168.96624 21.52992 827 −168.99177 21.55913 828 −169.02276 21.59546 829 −169.04473 21.62184 830 −169.07716 21.66178 831 −169.09844 21.68866 832 −169.12982 21.72934 833 −169.15039 21.75669 834 −169.18071 21.79808 835 −169.20232 21.82840 836 −169.21703 21.84743 837 −169.23883 21.85466 838 −169.27247 21.86611 839 −169.32272 21.88387 840 −169.37269 21.90231 841 −169.42237 21.92143 842 −169.47175 21.94123 843 −169.52083 21.96170 844 −169.56958 21.98284 845 −169.61800 22.00464 846 −169.66608 22.02710 847 −169.71382 22.05022 848 −169.76119 22.07399 849 −169.80819 22.09840 850 −169.85481 22.12345 851 −169.90103 22.14914 852 −169.94686 22.17546 853 −169.97718 22.19335 854 −170.00653 22.21103 855 −170.05123 22.20415 856 −170.08671 22.19907 857 −170.12225 22.19430 858 −170.15783 22.18987 859 −170.19345 22.18575 860 −170.22911 22.18196 861 −170.28268 22.17688 862 −170.31843 22.17390 863 −170.35421 22.17125 864 −170.39001 22.16891 865 −170.42584 22.16691 866 −170.46169 22.16523 867 −170.51548 22.16332 868 −170.55136 22.16245 869 −170.58725 22.16191 870 −170.62314 22.16170 871 −170.65929 22.16181 872 −170.69518 22.16224 873 −170.73106 22.16301 874 −170.76693 22.16410 875 −170.80279 22.16551 876 −170.83863 22.16725 877 −170.89236 22.17047 878 −170.92815 22.17302 879 −170.96391 22.17590 880 −170.99964 22.17910 881 −171.03533 22.18262 882 −171.07099 22.18647 883 −171.12440 22.19286 884 −171.15995 22.19751 885 −171.19545 22.20249 886 −171.23089 22.20780 887 −171.28396 22.21635 888 −171.33689 22.22563 889 −171.38967 22.23563 890 −171.42477 22.24269 891 −171.47727 22.25389 892 −171.52961 22.26579 893 −171.58175 22.27841 894 −171.63370 22.29174 895 −171.68543 22.30577 896 −171.73694 22.32050 897 −171.78823 22.33594 898 −171.83927 22.35207 899 −171.89005 22.36889 900 −171.94057 22.38641 901 −171.99082 22.40461 902 −172.03998 22.42318 903 −172.09233 22.42751 904 −172.12811 22.43088 905 −172.18170 22.43653 906 −172.21738 22.44070 907 −172.25302 22.44519 908 −172.28861 22.45001 909 −172.32414 22.45515 910 −172.37735 22.46346 911 −172.41274 22.46941 912 −172.46572 22.47892 913 −172.50095 22.48566 914 −172.55367 22.49638 915 −172.58872 22.50392 916 −172.64114 22.51582 917 −172.67599 22.52415 918 −172.71075 22.53279 919 −172.76272 22.54635 920 −172.79725 22.55578 921 −172.83168 22.56552 922 −172.86601 22.57558 923 −172.90023 22.58594 924 −172.95136 22.60207 925 −172.98531 22.61320 926 −173.03602 22.63048 927 −173.08645 22.64845 928 −173.11992 22.66081 929 −173.15325 22.67347 930 −173.18646 22.68643 931 −173.23601 22.70643 932 −173.26888 22.72014 933 −173.30160 22.73415 934 −173.34556 22.75354 935 −173.37723 22.74830 936 −173.41276 22.74274 937 −173.44836 22.73750 938 −173.48400 22.73258 939 −173.51970 22.72798 940 −173.55544 22.72371 941 −173.59122 22.71976 942 −173.62704 22.71613 943 −173.66290 22.71283 944 −173.69879 22.70985 945 −173.73471 22.70720 946 −173.77065 22.70487 947 −173.80661 22.70286 948 −173.84260 22.70118 949 −173.87860 22.69983 950 −173.91461 22.69880 951 −173.95063 22.69810 952 −173.98666 22.69772 953 −174.02268 22.69767 954 −174.05871 22.69794 955 −174.09473 22.69854 956 −174.13075 22.69947 957 −174.16675 22.70072 958 −174.20274 22.70229 959 −174.23871 22.70419 960 −174.27466 22.70642 961 −174.31059 22.70897 962 −174.34649 22.71185 963 −174.38235 22.71504 964 −174.41819 22.71857 965 −174.45398 22.72242 966 −174.48974 22.72659 967 −174.52545 22.73108 968 −174.56111 22.73589 969 −174.59672 22.74103 970 −174.63227 22.74649 971 −174.66777 22.75227 972 −174.70321 22.75837 973 −174.73859 22.76479 974 −174.77389 22.77153 975 −174.82672 22.78224 976 −174.86184 22.78978 977 −174.89689 22.79763 978 −174.93185 22.80580 979 −174.96673 22.81429 980 −175.00151 22.82309 981 −175.03621 22.83220 982 −175.07081 22.84163 983 −175.10531 22.85136 984 −175.13972 22.86141 985 −175.17401 22.87177 986 −175.20820 22.88244 987 −175.24228 22.89342 988 −175.27624 22.90471 989 −175.31009 22.91630 990 −175.34381 22.92820 991 −175.37741 22.94040 992 −175.41089 22.95290 993 −175.44423 22.96571 994 −175.47744 22.97882 995 −175.51051 22.99222 996 −175.54345 23.00593 997 −175.57624 23.01993 998 −175.60888 23.03422 999 −175.64138 23.04881 1000 −175.67372 23.06370 1001 −175.70591 23.07887 1002 −175.73795 23.09434 1003 −175.76982 23.11009 1004 −175.81731 23.13426 1005 −175.84877 23.15073 1006 −175.88005 23.16748 1007 −175.91116 23.18451 1008 −175.94209 23.20183 1009 −175.98815 23.22832 1010 −176.01862 23.24633 1011 −176.04891 23.26461 1012 −176.09398 23.29254 1013 −176.12379 23.31150 1014 −176.15339 23.33073 1015 −176.18280 23.35022 1016 −176.21200 23.36998 1017 −176.25542 23.40011 1018 −176.28410 23.42052 1019 −176.31256 23.44119 1020 −176.35486 23.47268 1021 −176.38278 23.49399 1022 −176.41048 23.51554 1023 −176.43795 23.53735 1024 −176.46520 23.55940 1025 −176.50563 23.59294 1026 −176.53229 23.61560 1027 −176.55872 23.63850 1028 −176.59790 23.67330 1029 −176.62372 23.69679 1030 −176.66199 23.73246 1031 −176.68719 23.75653 1032 −176.71213 23.78082 1033 −176.73682 23.80534 1034 −176.76125 23.83007 1035 −176.78542 23.85503 1036 −176.80933 23.88021 1037 −176.83297 23.90559 1038 −176.85635 23.93119 1039 −176.87945 23.95700 1040 −176.90229 23.98302 1041 −176.93602 24.02243 1042 −176.96913 24.06229 1043 −176.99085 24.08911 1044 −177.01229 24.11613 1045 −177.03344 24.14334 1046 −177.06462 24.18450 1047 −177.08505 24.21218 1048 −177.10518 24.24004 1049 −177.12502 24.26808 1050 −177.14456 24.29630 1051 −177.17331 24.33895 1052 −177.19210 24.36760 1053 −177.21058 24.39642 1054 −177.22875 24.42540 1055 −177.25544 24.46918 1056 −177.27284 24.49856 1057 −177.28992 24.52810 1058 −177.30670 24.55779 1059 −177.32315 24.58763 1060 −177.33929 24.61762 1061 −177.36249 24.66210 1062 −177.38606 24.67081 1063 −177.41985 24.68359 1064 −177.45352 24.69667 1065 −177.48704 24.71005 1066 −177.53706 24.73067 1067 −177.57023 24.74479 1068 −177.60325 24.75920 1069 −177.63612 24.77391 1070 −177.66883 24.78890 1071 −177.71760 24.81194 1072 −177.74992 24.82767 1073 −177.78207 24.84367 1074 −177.81404 24.85997 1075 −177.83690 24.87185 1076 −177.88667 24.87745 1077 −177.94111 24.88429 1078 −177.97195 24.88850 1079 −177.99642 24.89200 1080 −178.05062 24.90028 1081 −178.10469 24.90929 1082 −178.14066 24.91569 1083 −178.16577 24.92034 1084 −178.21953 24.93078 1085 −178.27313 24.94194 1086 −178.32655 24.95380 1087 −178.37978 24.96637 1088 −178.43281 24.97965 1089 −178.48563 24.99363 1090 −178.53822 25.00832 1091 −178.59058 25.02370 1092 −178.61445 25.03096 1093 −178.64360 25.04005 1094 −178.67821 25.05115 1095 −178.70077 25.05859 1096 −178.72148 25.06052 1097 −178.75794 25.06420 1098 −178.81257 25.07031 1099 −178.86732 25.07718 1100 −178.90360 25.08214 1101 −178.93984 25.08742 1102 −178.98140 25.09383 1103 −179.01755 25.09959 1104 −179.07166 25.10883 1105 −179.10765 25.11539 1106 −179.14357 25.12227 1107 −179.19731 25.13318 1108 −179.25088 25.14480 1109 −179.28649 25.15295 1110 −179.32201 25.16141 1111 −179.35744 25.17018 1112 −179.38198 25.17642 1113 −179.43515 25.19048 1114 −179.47030 25.20018 1115 −179.50534 25.21020 1116 −179.55771 25.22581 1117 −179.60982 25.24211 1118 −179.66167 25.25910 1119 −179.69609 25.27081 1120 −179.73039 25.28283 1121 −179.76456 25.29514 1122 −179.79860 25.30776 1123 −179.83251 25.32068 1124 −179.86628 25.33389 1125 −179.89991 25.34741 1126 −179.93340 25.36122 1127 −179.96674 25.37533 1128 −180.00000 25.38976 Appendix B to Subpart W of Part 922—Coordinates for the Outer Sanctuary Zone [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Point No. Longitude Latitude 1 180.00000 25.38976 2 179.99985 25.38982 3 179.96681 25.40451 4 179.93392 25.41950 5 179.90119 25.43477 6 179.86863 25.45034 7 179.83622 25.46619 8 179.78793 25.49050 9 179.75595 25.50707 10 179.72415 25.52391 11 179.69252 25.54104 12 179.66108 25.55844 13 179.62981 25.57612 14 179.59874 25.59408 15 179.56786 25.61231 16 179.53716 25.63081 17 179.50667 25.64959 18 179.47637 25.66863 19 179.44627 25.68794 20 179.41638 25.70751 21 179.38670 25.72735 22 179.35722 25.74745 23 179.32796 25.76781 24 179.28448 25.79883 25 179.25576 25.81983 26 179.22255 25.84463 27 179.18175 25.87583 28 179.15383 25.89770 29 179.12613 25.91982 30 179.09868 25.94218 31 179.07146 25.96479 32 179.03108 25.99915 33 179.00447 26.02235 34 178.97810 26.04578 35 178.93902 26.08137 36 178.91329 26.10537 37 178.88781 26.12961 38 178.86259 26.15407 39 178.82525 26.19117 40 178.80068 26.21618 41 178.77639 26.24141 42 178.75236 26.26685 43 178.71684 26.30540 44 178.69349 26.33136 45 178.65901 26.37068 46 178.63637 26.39715 47 178.61378 26.42409 48 178.59171 26.45096 49 178.56993 26.47801 50 178.54844 26.50526 51 178.52724 26.53270 52 178.49600 26.57420 53 178.46544 26.61611 54 178.44544 26.64427 55 178.41601 26.68685 56 178.39677 26.71544 57 178.37784 26.74421 58 178.35922 26.77314 59 178.34092 26.80223 60 178.30653 26.85803 61 178.28885 26.88744 62 178.26293 26.93184 63 178.24606 26.96164 64 178.22951 26.99158 65 178.21329 27.02166 66 178.19632 27.05394 67 178.17402 27.09775 68 178.15895 27.12831 69 178.14422 27.15901 70 178.12274 27.20530 71 178.10884 27.23631 72 178.08864 27.28305 73 178.06920 27.33006 74 178.05667 27.36154 75 178.03853 27.40896 76 178.02687 27.44071 77 178.01003 27.48851 78 177.99924 27.52051 79 177.98881 27.55259 80 177.97873 27.58477 81 177.96901 27.61703 82 177.95509 27.66559 83 177.94198 27.71432 84 177.93368 27.74690 85 177.92568 27.77984 86 177.91811 27.81256 87 177.90744 27.86176 88 177.90079 27.89464 89 177.89149 27.94406 90 177.88574 27.97707 91 177.88037 28.01014 92 177.87300 28.05982 93 177.86647 28.10958 94 177.86258 28.14281 95 177.85744 28.19271 96 177.85448 28.22601 97 177.85073 28.27601 98 177.84871 28.30936 99 177.84706 28.34273 100 177.84529 28.39281 101 177.84437 28.44291 102 177.84422 28.47631 103 177.84445 28.50971 104 177.84551 28.55981 105 177.84670 28.59348 106 177.84844 28.63098 107 177.85148 28.68101 108 177.85399 28.71434 109 177.85761 28.75561 110 177.86197 28.79830 111 177.86786 28.84813 112 177.87226 28.88131 113 177.87543 28.90359 114 177.87967 28.93174 115 177.88514 28.96554 116 177.89133 29.00123 117 177.90063 29.05066 118 177.90735 29.08379 119 177.91806 29.13300 120 177.92568 29.16572 121 177.93780 29.21468 122 177.94636 29.24723 123 177.95989 29.29590 124 177.96959 29.32896 125 177.97946 29.36123 126 177.98970 29.39340 127 178.00575 29.44148 128 178.01692 29.47341 129 178.03438 29.52113 130 178.04647 29.55280 131 178.06531 29.60012 132 178.08497 29.64717 133 178.09853 29.67840 134 178.11268 29.71000 135 178.13426 29.75642 136 178.15665 29.80255 137 178.17203 29.83313 138 178.19577 29.87875 139 178.21216 29.90921 140 178.22879 29.93930 141 178.25439 29.98416 142 178.27525 30.01949 143 178.29311 30.04905 144 178.31861 30.09002 145 178.34009 30.12350 146 178.35931 30.15271 147 178.38857 30.19588 148 178.41018 30.22681 149 178.43934 30.26737 150 178.47063 30.30946 151 178.49239 30.33792 152 178.51400 30.36556 153 178.54703 30.40666 154 178.57973 30.44608 155 178.60482 30.47552 156 178.62805 30.50217 157 178.65341 30.53062 158 178.68811 30.56854 159 178.71589 30.59815 160 178.75298 30.63662 161 178.77809 30.66199 162 178.80351 30.68714 163 178.84220 30.72443 164 178.88157 30.76121 165 178.90818 30.78543 166 178.94864 30.82133 167 178.97598 30.84496 168 179.00360 30.86835 169 179.04556 30.90298 170 179.07393 30.92578 171 179.11693 30.95947 172 179.14594 30.98161 173 179.18995 31.01433 174 179.21963 31.03582 175 179.26462 31.06757 176 179.29516 31.08855 177 179.34112 31.11929 178 179.38763 31.14941 179 179.41894 31.16915 180 179.45050 31.18861 181 179.49827 31.21728 182 179.54657 31.24532 183 179.57905 31.26365 184 179.61792 31.28512 185 179.65085 31.30287 186 179.70065 31.32895 187 179.73411 31.34597 188 179.77707 31.36728 189 179.81095 31.38371 190 179.86214 31.40779 191 179.89652 31.42346 192 179.94844 31.44640 193 179.98329 31.46131 194 −180.00000 31.46823 195 −179.96410 31.48309 196 −179.92880 31.49723 197 −179.89333 31.51105 198 −179.83980 31.53119 199 −179.78591 31.55062 200 −179.74978 31.56318 201 −179.71350 31.57542 202 −179.65880 31.59317 203 −179.62215 31.60460 204 −179.56691 31.62114 205 −179.51138 31.63695 206 −179.47371 31.64721 207 −179.41770 31.66178 208 −179.38021 31.67109 209 −179.33210 31.68252 210 −179.28243 31.69383 211 −179.23675 31.70369 212 −179.19878 31.71149 213 −179.16071 31.71896 214 −179.10344 31.72953 215 −179.06516 31.73615 216 −179.00758 31.74546 217 −178.94983 31.75399 218 −178.90738 31.75980 219 −178.86874 31.76473 220 −178.82975 31.76934 221 −178.79099 31.77358 222 −178.75218 31.77748 223 −178.71331 31.78104 224 −178.67441 31.78425 225 −178.63547 31.78712 226 −178.59650 31.78964 227 −178.55749 31.79182 228 −178.51846 31.79366 229 −178.47941 31.79515 230 −178.43412 31.79649 231 −178.39504 31.79729 232 −178.35596 31.79775 233 −178.32396 31.79786 234 −178.28487 31.79769 235 −178.24552 31.79717 236 −178.20645 31.79631 237 −178.16738 31.79510 238 −178.12834 31.79355 239 −178.08931 31.79165 240 −178.05031 31.78940 241 −178.01134 31.78682 242 −177.97241 31.78389 243 −177.93351 31.78061 244 −177.89466 31.77699 245 −177.85585 31.77303 246 −177.81646 31.76865 247 −177.77776 31.76401 248 −177.73912 31.75902 249 −177.70055 31.75369 250 −177.66205 31.74802 251 −177.62362 31.74202 252 −177.58526 31.73567 253 −177.54140 31.72800 254 −177.50321 31.72097 255 −177.46512 31.71361 256 −177.42712 31.70592 257 −177.38921 31.69788 258 −177.35141 31.68952 259 −177.31372 31.68082 260 −177.27613 31.67179 261 −177.23866 31.66242 262 −177.20131 31.65273 263 −177.16094 31.64185 264 −177.12384 31.63150 265 −177.08687 31.62082 266 −177.04995 31.60978 267 −176.99406 31.60543 268 −176.95227 31.60174 269 −176.91351 31.59795 270 −176.87481 31.59382 271 −176.83616 31.58934 272 −176.79756 31.58453 273 −176.73979 31.57666 274 −176.70136 31.57100 275 −176.66300 31.56499 276 −176.60561 31.55534 277 −176.56718 31.54844 278 −176.52911 31.54125 279 −176.49114 31.53372 280 −176.45325 31.52586 281 −176.41282 31.51708 282 −176.37095 31.50759 283 −176.33338 31.49873 284 −176.29414 31.48910 285 −176.23818 31.47469 286 −176.20102 31.46467 287 −176.14552 31.44902 288 −176.10869 31.43818 289 −176.07199 31.42701 290 −176.03543 31.41553 291 −175.99902 31.40371 292 −175.94468 31.38539 293 −175.90865 31.37278 294 −175.87278 31.35985 295 −175.83644 31.34637 296 −175.80089 31.33281 297 −175.76551 31.31893 298 −175.72777 31.30370 299 −175.67361 31.30264 300 −175.62462 31.30118 301 −175.58577 31.29962 302 −175.56300 31.29856 303 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−169.37269 21.90231 885 −169.42237 21.92143 886 −169.47175 21.94122 887 −169.52083 21.96170 888 −169.56958 21.98284 889 −169.61800 22.00464 890 −169.66609 22.02710 891 −169.71382 22.05022 892 −169.76119 22.07399 893 −169.80819 22.09840 894 −169.85481 22.12345 895 −169.90103 22.14914 896 −169.94686 22.17546 897 −169.97718 22.19335 898 −170.00653 22.21103 899 −170.05123 22.20415 900 −170.08671 22.19907 901 −170.12224 22.19431 902 −170.15783 22.18987 903 −170.19345 22.18575 904 −170.22911 22.18196 905 −170.28268 22.17688 906 −170.31843 22.17390 907 −170.35421 22.17125 908 −170.39002 22.16891 909 −170.42584 22.16691 910 −170.46169 22.16523 911 −170.51549 22.16332 912 −170.55136 22.16245 913 −170.58725 22.16191 914 −170.62314 22.16170 915 −170.65929 22.16181 916 −170.69518 22.16224 917 −170.73106 22.16301 918 −170.76693 22.16410 919 −170.80279 22.16551 920 −170.83863 22.16725 921 −170.89236 22.17047 922 −170.92815 22.17302 923 −170.96391 22.17590 924 −170.99964 22.17910 925 −171.03533 22.18263 926 −171.07099 22.18648 927 −171.12440 22.19286 928 −171.15995 22.19751 929 −171.19545 22.20249 930 −171.23089 22.20780 931 −171.28396 22.21635 932 −171.33689 22.22563 933 −171.38967 22.23563 934 −171.42477 22.24269 935 −171.47727 22.25389 936 −171.52961 22.26579 937 −171.58175 22.27841 938 −171.63369 22.29174 939 −171.68543 22.30577 940 −171.73694 22.32050 941 −171.78823 22.33594 942 −171.83927 22.35207 943 −171.89005 22.36889 944 −171.94057 22.38641 945 −171.99082 22.40461 946 −172.03998 22.42318 947 −172.09233 22.42751 948 −172.12811 22.43088 949 −172.18170 22.43653 950 −172.21738 22.44070 951 −172.25302 22.44519 952 −172.28861 22.45001 953 −172.32414 22.45515 954 −172.37735 22.46346 955 −172.41274 22.46941 956 −172.46572 22.47892 957 −172.50095 22.48567 958 −172.55366 22.49638 959 −172.58872 22.50392 960 −172.64114 22.51582 961 −172.67599 22.52415 962 −172.71075 22.53279 963 −172.76272 22.54635 964 −172.79725 22.55578 965 −172.83168 22.56552 966 −172.86601 22.57558 967 −172.90023 22.58594 968 −172.95136 22.60207 969 −172.98531 22.61320 970 −173.03602 22.63048 971 −173.08645 22.64845 972 −173.11992 22.66081 973 −173.15325 22.67347 974 −173.18646 22.68643 975 −173.23601 22.70643 976 −173.26888 22.72014 977 −173.30160 22.73415 978 −173.34556 22.75354 979 −173.37723 22.74830 980 −173.41277 22.74274 981 −173.44836 22.73750 982 −173.48400 22.73258 983 −173.51970 22.72798 984 −173.55544 22.72371 985 −173.59122 22.71976 986 −173.62704 22.71613 987 −173.66290 22.71283 988 −173.69879 22.70985 989 −173.73470 22.70720 990 −173.77065 22.70487 991 −173.80661 22.70286 992 −173.84260 22.70118 993 −173.87860 22.69983 994 −173.91461 22.69880 995 −173.95063 22.69810 996 −173.98666 22.69772 997 −174.02268 22.69767 998 −174.05871 22.69794 999 −174.09473 22.69854 1000 −174.13075 22.69947 1001 −174.16675 22.70072 1002 −174.20274 22.70229 1003 −174.23871 22.70419 1004 −174.27466 22.70642 1005 −174.31059 22.70897 1006 −174.34649 22.71185 1007 −174.38235 22.71505 1008 −174.41819 22.71857 1009 −174.45398 22.72242 1010 −174.48974 22.72659 1011 −174.52545 22.73108 1012 −174.56111 22.73589 1013 −174.59672 22.74103 1014 −174.63227 22.74649 1015 −174.66777 22.75227 1016 −174.70321 22.75837 1017 −174.73859 22.76479 1018 −174.77389 22.77154 1019 −174.82672 22.78224 1020 −174.86184 22.78978 1021 −174.89689 22.79763 1022 −174.93185 22.80580 1023 −174.96673 22.81429 1024 −175.00151 22.82308 1025 −175.03621 22.83220 1026 −175.07081 22.84163 1027 −175.10531 22.85136 1028 −175.13972 22.86141 1029 −175.17401 22.87178 1030 −175.20820 22.88244 1031 −175.24228 22.89342 1032 −175.27624 22.90471 1033 −175.31009 22.91630 1034 −175.34381 22.92820 1035 −175.37741 22.94040 1036 −175.41089 22.95290 1037 −175.44423 22.96571 1038 −175.47744 22.97882 1039 −175.51051 22.99222 1040 −175.54345 23.00593 1041 −175.57624 23.01993 1042 −175.60888 23.03422 1043 −175.64138 23.04881 1044 −175.67372 23.06370 1045 −175.70591 23.07887 1046 −175.73795 23.09434 1047 −175.76982 23.11009 1048 −175.81731 23.13426 1049 −175.84877 23.15073 1050 −175.88005 23.16748 1051 −175.91116 23.18451 1052 −175.94209 23.20183 1053 −175.98815 23.22832 1054 −176.01862 23.24633 1055 −176.04891 23.26461 1056 −176.09398 23.29254 1057 −176.12379 23.31150 1058 −176.15339 23.33073 1059 −176.18280 23.35022 1060 −176.21200 23.36998 1061 −176.25542 23.40011 1062 −176.28410 23.42053 1063 −176.31256 23.44120 1064 −176.35486 23.47268 1065 −176.38278 23.49399 1066 −176.41048 23.51554 1067 −176.43795 23.53735 1068 −176.46520 23.55940 1069 −176.50563 23.59294 1070 −176.53229 23.61560 1071 −176.55872 23.63850 1072 −176.59790 23.67330 1073 −176.62372 23.69679 1074 −176.66199 23.73246 1075 −176.68719 23.75653 1076 −176.71213 23.78082 1077 −176.73682 23.80534 1078 −176.76125 23.83007 1079 −176.78542 23.85503 1080 −176.80933 23.88021 1081 −176.83297 23.90559 1082 −176.85635 23.93119 1083 −176.87945 23.95700 1084 −176.90229 23.98302 1085 −176.93602 24.02243 1086 −176.96913 24.06229 1087 −176.99085 24.08911 1088 −177.01229 24.11613 1089 −177.03344 24.14334 1090 −177.06462 24.18451 1091 −177.08505 24.21218 1092 −177.10518 24.24004 1093 −177.12502 24.26808 1094 −177.14456 24.29630 1095 −177.17331 24.33895 1096 −177.19209 24.36760 1097 −177.21058 24.39642 1098 −177.22875 24.42540 1099 −177.25544 24.46918 1100 −177.27284 24.49856 1101 −177.28992 24.52810 1102 −177.30670 24.55779 1103 −177.32315 24.58763 1104 −177.33929 24.61762 1105 −177.36249 24.66210 1106 −177.38606 24.67081 1107 −177.41985 24.68359 1108 −177.45352 24.69667 1109 −177.48704 24.71005 1110 −177.53706 24.73067 1111 −177.57023 24.74479 1112 −177.60325 24.75920 1113 −177.63612 24.77391 1114 −177.66883 24.78891 1115 −177.71760 24.81195 1116 −177.74992 24.82767 1117 −177.78206 24.84367 1118 −177.81404 24.85996 1119 −177.83690 24.87185 1120 −177.88667 24.87745 1121 −177.94111 24.88429 1122 −177.97195 24.88850 1123 −177.99642 24.89200 1124 −178.05062 24.90028 1125 −178.10469 24.90929 1126 −178.14066 24.91569 1127 −178.16577 24.92034 1128 −178.21953 24.93078 1129 −178.27313 24.94194 1130 −178.32655 24.95380 1131 −178.37978 24.96637 1132 −178.43281 24.97965 1133 −178.48563 24.99363 1134 −178.53822 25.00832 1135 −178.59058 25.02370 1136 −178.61445 25.03096 1137 −178.64360 25.04005 1138 −178.67821 25.05115 1139 −178.70077 25.05859 1140 −178.72148 25.06052 1141 −178.75794 25.06420 1142 −178.81257 25.07031 1143 −178.86732 25.07718 1144 −178.90360 25.08214 1145 −178.93984 25.08742 1146 −178.98140 25.09382 1147 −179.01755 25.09959 1148 −179.07166 25.10883 1149 −179.10765 25.11539 1150 −179.14357 25.12227 1151 −179.19731 25.13318 1152 −179.25088 25.14480 1153 −179.28649 25.15295 1154 −179.32201 25.16140 1155 −179.35744 25.17018 1156 −179.38198 25.17642 1157 −179.43516 25.19048 1158 −179.47030 25.20018 1159 −179.50534 25.21020 1160 −179.55770 25.22581 1161 −179.60982 25.24211 1162 −179.66168 25.25911 1163 −179.69610 25.27081 1164 −179.73039 25.28283 1165 −179.76456 25.29514 1166 −179.79860 25.30776 1167 −179.83251 25.32068 1168 −179.86628 25.33389 1169 −179.89991 25.34741 1170 −179.93340 25.36122 1171 −179.96674 25.37533 1172 −180.00000 25.38976 Appendix C to Subpart W of Part 922—Coordinates for the Midway Atoll Special Management Area [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Point No. Longitude Latitude 1 −177.31267 27.99792 2 −177.36342 27.99124 3 −177.41762 27.99216 4 −177.47082 27.99962 5 −177.51875 28.01516 6 −177.55393 28.03661 7 −177.59424 28.06817 8 −177.62036 28.10572 9 −177.64395 28.14862 10 −177.65507 28.20134 11 −177.65600 28.21430 12 −177.65028 28.23674 13 −177.65187 28.25877 14 −177.63704 28.29735 15 −177.62519 28.31624 16 −177.60768 28.33804 17 −177.59529 28.36997 18 −177.56544 28.40418 19 −177.52661 28.43628 20 −177.49013 28.46044 21 −177.44568 28.47591 22 −177.42409 28.48231 23 −177.37872 28.48480 24 −177.32412 28.48128 25 −177.26570 28.46492 26 −177.21865 28.44274 27 −177.17255 28.41268 28 −177.13782 28.37680 29 −177.11574 28.33244 30 −177.08945 28.26879 31 −177.08725 28.21427 32 −177.08489 28.17927 33 −177.09363 28.15669 34 −177.10914 28.12595 35 −177.12481 28.09780 36 −177.15060 28.06781 37 −177.18677 28.03986 38 −177.22207 28.02105 39 −177.26492 28.00572 40 −177.31267 27.99792 Appendix D to Subpart W of Part 922—Coordinates for the Special Preservation Areas (SPAs) [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The boundaries for the areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Table 1—Coordinates for Hōlanikū (Kure Atoll) SPA Point No. Longitude Latitude 1 −178.42982 28.39284 2 −178.43641 28.39991 3 −178.44628 28.41516 4 −178.44829 28.43220 5 −178.44120 28.45537 6 −178.43083 28.47814 7 −178.41324 28.49646 8 −178.40698 28.50082 9 −178.39886 28.50648 10 −178.38081 28.51486 11 −178.35703 28.51998 12 −178.33482 28.52195 13 −178.33480 28.52195 14 −178.33096 28.52588 15 −178.32267 28.52960 16 −178.30753 28.54606 17 −178.29651 28.54402 18 −178.28574 28.52279 19 −178.28205 28.50290 20 −178.28203 28.50289 21 −178.27634 28.49938 22 −178.26090 28.48707 23 −178.25026 28.47569 24 −178.24590 28.47103 25 −178.23869 28.45022 26 −178.23126 28.41686 27 −178.23242 28.39706 28 −178.23826 28.37827 29 −178.24572 28.36305 30 −178.24663 28.36228 31 −178.24665 28.36227 32 −178.23880 28.35166 33 −178.22857 28.34386 34 −178.21418 28.34135 35 −178.21125 28.32830 36 −178.21580 28.32098 37 −178.22682 28.31875 38 −178.23360 28.32678 39 −178.26169 28.33216 40 −178.26256 28.34256 41 −178.26685 28.34603 42 −178.26983 28.34386 43 −178.28608 28.33631 44 −178.31541 28.33530 45 −178.36386 28.34022 46 −178.38109 28.34407 47 −178.40622 28.32394 48 −178.42837 28.32125 49 −178.43274 28.36763 50 −178.42982 28.39284 Table 2—Coordinates for Manawai (Pearl and Hermes Atoll) SPA Point No. Longitude Latitude 1 −176.03652 27.75775 2 −176.04088 27.76832 3 −176.04088 27.76832 4 −176.04830 27.77010 5 −176.06549 27.78232 6 −176.03704 27.84094 7 −176.03441 27.85558 8 −176.03489 27.87411 9 −176.02724 27.89274 10 −176.01285 27.89991 11 −175.98350 27.91077 12 −175.98347 27.91080 13 −175.97662 27.91971 14 −175.96741 27.92798 15 −175.95689 27.93510 16 −175.94636 27.93942 17 −175.93781 27.94332 18 −175.92692 27.95035 19 −175.90613 27.96355 20 −175.88894 27.97471 21 −175.87548 27.98165 22 −175.86046 27.98780 23 −175.83952 27.99711 24 −175.82333 28.00466 25 −175.81383 28.00844 26 −175.80379 28.01098 27 −175.79318 28.01152 28 −175.78174 28.01106 29 −175.77016 28.01031 30 −175.76421 28.00935 31 −175.76418 28.00935 32 −175.76189 28.01111 33 −175.73451 28.02165 34 −175.71502 28.00762 35 −175.70865 27.98973 36 −175.70863 27.98971 37 −175.69833 27.98219 38 −175.69171 27.97663 39 −175.68857 27.97399 40 −175.68160 27.96778 41 −175.67658 27.96256 42 −175.67240 27.95558 43 −175.66795 27.94587 44 −175.66433 27.93515 45 −175.66239 27.92393 46 −175.66156 27.91419 47 −175.66186 27.89972 48 −175.66410 27.88349 49 −175.66915 27.86916 50 −175.67268 27.85916 51 −175.67530 27.84825 52 −175.67894 27.83626 53 −175.68258 27.82801 54 −175.68899 27.81801 55 −175.69097 27.81125 56 −175.69321 27.80550 57 −175.69331 27.80524 58 −175.69713 27.79526 59 −175.70412 27.78375 60 −175.70943 27.77649 61 −175.71351 27.77101 62 −175.71352 27.77099 63 −175.71049 27.76347 64 −175.71993 27.75551 65 −175.72502 27.75516 66 −175.72955 27.74921 67 −175.73541 27.74444 68 −175.74364 27.73989 69 −175.75468 27.73513 70 −175.76640 27.73259 71 −175.77924 27.73129 72 −175.79543 27.73023 73 −175.81639 27.73105 74 −175.82556 27.73236 75 −175.83310 27.73358 76 −175.83756 27.73456 77 −175.84175 27.73504 78 −175.84594 27.73228 79 −175.85277 27.72748 80 −175.86185 27.72274 81 −175.87480 27.71713 82 −175.89491 27.70934 83 −175.91378 27.70257 84 −175.92997 27.69926 85 −175.94532 27.69745 86 −175.95649 27.69766 87 −175.96681 27.69937 88 −175.97685 27.70332 89 −175.98968 27.71026 90 −176.00334 27.72044 91 −176.01701 27.73237 92 −176.02593 27.74182 93 −176.02997 27.74680 94 −176.03178 27.74903 95 −176.03652 27.75775 Table 3—Coordinates for Kapou (Lisianski Island) SPA Point No. Longitude Latitude 1 −173.79069 25.94039 2 −173.79506 25.91077 3 −173.79506 25.91077 4 −173.85089 25.87148 5 −173.89161 25.87949 6 −173.94399 25.87998 7 −174.10879 25.96371 8 −174.12000 25.97958 9 −174.14257 26.00021 10 −174.15729 26.04055 11 −174.15482 26.12273 12 −174.13333 26.17497 13 −174.08554 26.21215 14 −174.05059 26.21724 15 −173.98290 26.21243 16 −173.93333 26.18331 17 −173.89656 26.14220 18 −173.86186 26.11938 19 −173.82229 26.08560 20 −173.79999 26.04164 21 −173.76666 26.00831 22 −173.75210 25.98825 23 −173.75283 25.97102 24 −173.79069 25.94039 Table 4—Coordinates for Kamole (Laysan Island) SPA Point No. Longitude Latitude 1 −171.65000 25.71667 2 −171.66667 25.70000 3 −171.70000 25.69167 4 −171.70833 25.70000 5 −171.73333 25.70000 6 −171.75000 25.69167 7 −171.78333 25.69167 8 −171.81667 25.70833 9 −171.85000 25.75833 10 −171.86667 25.79167 11 −171.87500 25.83333 12 −171.85000 25.86667 13 −171.83333 25.88333 14 −171.80000 25.90000 15 −171.76667 25.90000 16 −171.67500 25.88333 17 −171.62500 25.86667 18 −171.60000 25.83333 19 −171.59167 25.79167 20 −171.60000 25.76667 21 −171.61667 25.74167 22 −171.63333 25.72500 23 −171.65000 25.71667 Table 5—Coordinates for Kamokuokamohoali'i (Maro Reef) SPA Point No. Longitude Latitude 1 −170.51714 25.56669 2 −170.40880 25.46669 3 −170.35047 25.37502 4 −170.40880 25.25835 5 −170.42547 25.25002 6 −170.54214 25.25835 7 −170.59214 25.28335 8 −170.65047 25.30002 9 −170.76714 25.31669 10 −170.80047 25.33335 11 −170.80880 25.35835 12 −170.86714 25.39169 13 −170.89214 25.45002 14 −170.90047 25.52502 15 −170.90047 25.55002 16 −170.87547 25.58335 17 −170.80881 25.62502 18 −170.77547 25.63335 19 −170.70880 25.63335 20 −170.68381 25.61669 21 −170.57547 25.59169 22 −170.51714 25.56669 Table 6—Coordinates for 'Ōnūnui and 'Ōnuiki (Gardner Pinnacles) SPA Point No. Longitude Latitude 1 −167.93207 25.06955 2 −167.92506 25.04175 3 −167.94165 25.01326 4 −167.94166 24.94164 5 −167.92273 24.90603 6 −167.90123 24.88174 7 −167.89166 24.84997 8 −167.89766 24.74763 9 −167.87266 24.62908 10 −167.87360 24.59072 11 −167.86659 24.56315 12 −167.87500 24.49164 13 −167.89063 24.44829 14 −167.90184 24.42844 15 −167.95440 24.41115 16 −167.98968 24.41979 17 −168.00369 24.43801 18 −168.01666 24.50831 19 −168.05000 24.57498 20 −168.08333 24.59164 21 −168.12500 24.69997 22 −168.13333 24.77497 23 −168.15000 24.81664 24 −168.15000 24.88331 25 −168.22500 24.94997 26 −168.26666 25.00831 27 −168.27799 25.06540 28 −168.26794 25.09301 29 −168.25089 25.10375 30 −168.22575 25.16587 31 −168.19632 25.18175 32 −168.14166 25.19164 33 −168.08636 25.19273 34 −168.04128 25.17404 35 −167.98333 25.12498 36 −167.93207 25.06955 Table 7—Coordinates for Lalo (French Frigate Shoals) SPA Point No. Longitude Latitude 1 −165.58333 23.99997 2 −165.58333 23.49997 3 −166.75000 23.66664 4 −166.92817 23.68779 5 −166.92756 23.74082 6 −166.92417 24.03651 7 −166.75227 24.03400 8 −166.75000 24.16664 9 −165.58333 23.99997 Table 8—Coordinates for Mokumanamana (Necker) SPA Point No. Longitude Latitude 1 −164.55178 23.64216 2 −164.53515 23.61324 3 −164.53018 23.58826 4 −164.52734 23.55099 5 −164.50977 23.52283 6 −164.45148 23.49085 7 −164.44165 23.48045 8 −164.39327 23.46288 9 −164.36812 23.46322 10 −164.32711 23.44904 11 −164.30462 23.43128 12 −164.28233 23.39686 13 −164.27062 23.35708 14 −164.25021 23.30870 15 −164.25676 23.28970 16 −164.26716 23.27912 17 −164.27585 23.25682 18 −164.29815 23.23537 19 −164.33671 23.23253 20 −164.36910 23.23801 21 −164.39560 23.25619 22 −164.45702 23.26300 23 −164.47063 23.27037 24 −164.48333 23.29164 25 −164.52500 23.30831 26 −164.59613 23.30887 27 −164.63036 23.29942 28 −164.64112 23.30040 29 −164.63917 23.31377 30 −164.62971 23.32387 31 −164.61895 23.32681 32 −164.62156 23.34246 33 −164.60917 23.35387 34 −164.58863 23.40643 35 −164.57950 23.44490 36 −164.60558 23.45599 37 −164.60917 23.46675 38 −164.62260 23.47995 39 −164.65117 23.49002 40 −164.69597 23.49691 41 −164.73352 23.49654 42 −164.76980 23.48444 43 −164.78209 23.50277 44 −164.79929 23.50920 45 −164.81081 23.52337 46 −164.83255 23.53736 47 −164.84703 23.56743 48 −164.83436 23.60088 49 −164.81981 23.61619 50 −164.80110 23.62243 51 −164.76840 23.62148 52 −164.73854 23.63112 53 −164.68789 23.65058 54 −164.62458 23.66325 55 −164.57582 23.65644 56 −164.55178 23.64216 Table 9—Coordinates for Nihoa Island SPA Point No. Longitude Latitude 1 −161.97131 23.09961 2 −161.97057 23.10037 3 −161.96981 23.10112 4 −161.96904 23.10185 5 −161.96825 23.10258 6 −161.96745 23.10329 7 −161.96663 23.10399 8 −161.96580 23.10468 9 −161.96495 23.10535 10 −161.96409 23.10602 11 −161.96322 23.10667 12 −161.96234 23.10731 13 −161.96144 23.10793 14 −161.96053 23.10854 15 −161.95961 23.10914 16 −161.95867 23.10972 17 −161.95773 23.11029 18 −161.95677 23.11085 19 −161.95580 23.11139 20 −161.95482 23.11191 21 −161.95383 23.11242 22 −161.95283 23.11292 23 −161.95182 23.11340 24 −161.95080 23.11387 25 −161.94977 23.11432 26 −161.94874 23.11475 27 −161.94769 23.11517 28 −161.94664 23.11558 29 −161.94557 23.11597 30 −161.94450 23.11634 31 −161.94342 23.11670 32 −161.94234 23.11704 33 −161.94125 23.11736 34 −161.94015 23.11767 35 −161.93905 23.11796 36 −161.93794 23.11824 37 −161.93682 23.11850 38 −161.93570 23.11874 39 −161.93458 23.11897 40 −161.93345 23.11917 41 −161.93232 23.11937 42 −161.93118 23.11954 43 −161.93004 23.11970 44 −161.92890 23.11984 45 −161.92775 23.11996 46 −161.92661 23.12007 47 −161.92546 23.12016 48 −161.92431 23.12023 49 −161.92315 23.12029 50 −161.92200 23.12032 51 −161.92085 23.12035 52 −161.91969 23.12035 53 −161.91854 23.12034 54 −161.91739 23.12030 55 −161.91624 23.12026 56 −161.91509 23.12019 57 −161.91394 23.12011 58 −161.91279 23.12001 59 −161.91164 23.11989 60 −161.91050 23.11976 61 −161.90936 23.11961 62 −161.90823 23.11944 63 −161.90709 23.11925 64 −161.90597 23.11905 65 −161.90484 23.11883 66 −161.90372 23.11860 67 −161.90261 23.11835 68 −161.90150 23.11808 69 −161.90040 23.11779 70 −161.89930 23.11749 71 −161.89821 23.11717 72 −161.89713 23.11684 73 −161.89605 23.11649 74 −161.89520 23.11619 75 −161.89498 23.11612 76 −161.89401 23.11577 77 −161.89392 23.11574 78 −161.89287 23.11534 79 −161.89182 23.11493 80 −161.89079 23.11450 81 −161.88976 23.11405 82 −161.88874 23.11359 83 −161.88774 23.11311 84 −161.88674 23.11262 85 −161.88575 23.11212 86 −161.88477 23.11160 87 −161.88381 23.11107 88 −161.88285 23.11052 89 −161.88191 23.10995 90 −161.88097 23.10938 91 −161.88005 23.10878 92 −161.87915 23.10818 93 −161.87825 23.10756 94 −161.87737 23.10693 95 −161.87650 23.10628 96 −161.87564 23.10563 97 −161.87480 23.10495 98 −161.87397 23.10427 99 −161.87316 23.10358 100 −161.87236 23.10287 101 −161.87157 23.10215 102 −161.87080 23.10142 103 −161.87004 23.10067 104 −161.86930 23.09992 105 −161.86858 23.09916 106 −161.86787 23.09838 107 −161.86750 23.09796 108 −161.86718 23.09759 109 −161.86650 23.09679 110 −161.86584 23.09599 111 −161.86520 23.09517 112 −161.86457 23.09435 113 −161.86396 23.09351 114 −161.86337 23.09267 115 −161.86279 23.09181 116 −161.86224 23.09095 117 −161.86170 23.09008 118 −161.86117 23.08920 119 −161.86067 23.08832 120 −161.86018 23.08742 121 −161.85972 23.08653 122 −161.85927 23.08562 123 −161.85884 23.08470 124 −161.85842 23.08378 125 −161.85803 23.08286 126 −161.85766 23.08193 127 −161.85730 23.08099 128 −161.85697 23.08004 129 −161.85665 23.07910 130 −161.85635 23.07814 131 −161.85608 23.07719 132 −161.85582 23.07622 133 −161.85558 23.07526 134 −161.85536 23.07429 135 −161.85516 23.07332 136 −161.85499 23.07235 137 −161.85483 23.07137 138 −161.85469 23.07039 139 −161.85457 23.06941 140 −161.85447 23.06843 141 −161.85439 23.06744 142 −161.85433 23.06645 143 −161.85429 23.06547 144 −161.85428 23.06448 145 −161.85428 23.06349 146 −161.85430 23.06251 147 −161.85434 23.06152 148 −161.85440 23.06053 149 −161.85449 23.05955 150 −161.85459 23.05857 151 −161.85471 23.05758 152 −161.85485 23.05660 153 −161.85502 23.05563 154 −161.85520 23.05465 155 −161.85540 23.05367 156 −161.85562 23.05271 157 −161.85586 23.05174 158 −161.85612 23.05078 159 −161.85641 23.04982 160 −161.85671 23.04887 161 −161.85703 23.04791 162 −161.85736 23.04697 163 −161.85772 23.04603 164 −161.85810 23.04510 165 −161.85850 23.04417 166 −161.85891 23.04324 167 −161.85935 23.04233 168 −161.85980 23.04142 169 −161.86027 23.04051 170 −161.86076 23.03962 171 −161.86126 23.03873 172 −161.86179 23.03785 173 −161.86233 23.03698 174 −161.86289 23.03611 175 −161.86347 23.03525 176 −161.86407 23.03440 177 −161.86468 23.03357 178 −161.86531 23.03274 179 −161.86596 23.03191 180 −161.86662 23.03110 181 −161.86730 23.03031 182 −161.86800 23.02951 183 −161.86871 23.02873 184 −161.86943 23.02796 185 −161.87018 23.02720 186 −161.87094 23.02646 187 −161.87171 23.02572 188 −161.87250 23.02500 189 −161.87330 23.02428 190 −161.87412 23.02358 191 −161.87495 23.02290 192 −161.87579 23.02222 193 −161.87665 23.02156 194 −161.87752 23.02091 195 −161.87841 23.02027 196 −161.87931 23.01965 197 −161.88022 23.01903 198 −161.88114 23.01844 199 −161.88207 23.01786 200 −161.88302 23.01729 201 −161.88398 23.01673 202 −161.88494 23.01619 203 −161.88592 23.01567 204 −161.88691 23.01515 205 −161.88791 23.01466 206 −161.88892 23.01417 207 −161.88994 23.01371 208 −161.89097 23.01326 209 −161.89201 23.01282 210 −161.89306 23.01240 211 −161.89411 23.01200 212 −161.89517 23.01161 213 −161.89624 23.01123 214 −161.89732 23.01088 215 −161.89841 23.01054 216 −161.89950 23.01021 217 −161.90059 23.00990 218 −161.90170 23.00961 219 −161.90281 23.00934 220 −161.90392 23.00908 221 −161.90504 23.00884 222 −161.90617 23.00861 223 −161.90730 23.00840 224 −161.90843 23.00821 225 −161.90875 23.00816 226 −161.90956 23.00803 227 −161.91070 23.00788 228 −161.91185 23.00774 229 −161.91299 23.00761 230 −161.91366 23.00755 231 −161.91414 23.00751 232 −161.91529 23.00742 233 −161.91644 23.00734 234 −161.91759 23.00729 235 −161.91874 23.00725 236 −161.91990 23.00723 237 −161.92105 23.00723 238 −161.92221 23.00724 239 −161.92336 23.00727 240 −161.92336 23.00727 241 −161.92451 23.00732 242 −161.92566 23.00738 243 −161.92681 23.00747 244 −161.92796 23.00757 245 −161.92910 23.00768 246 −161.93024 23.00782 247 −161.93138 23.00797 248 −161.93252 23.00814 249 −161.93365 23.00832 250 −161.93478 23.00852 251 −161.93590 23.00874 252 −161.93702 23.00898 253 −161.93814 23.00923 254 −161.93924 23.00950 255 −161.94035 23.00978 256 −161.94144 23.01008 257 −161.94253 23.01040 258 −161.94362 23.01074 259 −161.94469 23.01109 260 −161.94576 23.01146 261 −161.94682 23.01184 262 −161.94788 23.01224 263 −161.94892 23.01265 264 −161.94996 23.01308 265 −161.95098 23.01352 266 −161.95200 23.01399 267 −161.95301 23.01446 268 −161.95401 23.01495 269 −161.95500 23.01546 270 −161.95597 23.01598 271 −161.95694 23.01651 272 −161.95790 23.01706 273 −161.95884 23.01762 274 −161.95977 23.01820 275 −161.96069 23.01879 276 −161.96160 23.01940 277 −161.96172 23.01948 278 −161.96189 23.01960 279 −161.96250 23.02001 280 −161.96338 23.02065 281 −161.96425 23.02129 282 −161.96510 23.02195 283 −161.96595 23.02262 284 −161.96677 23.02330 285 −161.96759 23.02400 286 −161.96839 23.02471 287 −161.96917 23.02543 288 −161.96995 23.02616 289 −161.97070 23.02690 290 −161.97144 23.02765 291 −161.97217 23.02842 292 −161.97287 23.02920 293 −161.97357 23.02998 294 −161.97424 23.03078 295 −161.97490 23.03159 296 −161.97555 23.03240 297 −161.97617 23.03323 298 −161.97678 23.03406 299 −161.97738 23.03491 300 −161.97795 23.03576 301 −161.97851 23.03662 302 −161.97905 23.03749 303 −161.97957 23.03837 304 −161.98008 23.03926 305 −161.98056 23.04015 306 −161.98103 23.04105 307 −161.98148 23.04196 308 −161.98191 23.04287 309 −161.98232 23.04379 310 −161.98271 23.04472 311 −161.98309 23.04565 312 −161.98344 23.04659 313 −161.98378 23.04753 314 −161.98409 23.04848 315 −161.98439 23.04943 316 −161.98467 23.05039 317 −161.98493 23.05135 318 −161.98516 23.05232 319 −161.98538 23.05329 320 −161.98558 23.05426 321 −161.98576 23.05523 322 −161.98592 23.05621 323 −161.98606 23.05719 324 −161.98618 23.05817 325 −161.98628 23.05915 326 −161.98635 23.06013 327 −161.98641 23.06112 328 −161.98645 23.06211 329 −161.98647 23.06309 330 −161.98647 23.06408 331 −161.98645 23.06507 332 −161.98640 23.06606 333 −161.98634 23.06704 334 −161.98626 23.06803 335 −161.98616 23.06901 336 −161.98603 23.06999 337 −161.98589 23.07097 338 −161.98573 23.07195 339 −161.98555 23.07293 340 −161.98535 23.07390 341 −161.98512 23.07487 342 −161.98488 23.07583 343 −161.98462 23.07680 344 −161.98434 23.07776 345 −161.98404 23.07871 346 −161.98372 23.07966 347 −161.98338 23.08061 348 −161.98302 23.08155 349 −161.98265 23.08248 350 −161.98225 23.08341 351 −161.98183 23.08433 352 −161.98140 23.08525 353 −161.98095 23.08616 354 −161.98048 23.08706 355 −161.97999 23.08796 356 −161.97948 23.08885 357 −161.97896 23.08973 358 −161.97841 23.09060 359 −161.97785 23.09147 360 −161.97727 23.09232 361 −161.97668 23.09317 362 −161.97606 23.09401 363 −161.97543 23.09484 364 −161.97479 23.09566 365 −161.97413 23.09647 366 −161.97345 23.09727 367 −161.97275 23.09806 368 −161.97204 23.09884 369 −161.97131 23.09961 Appendix E to Subpart W of Part 922—Coordinates for the Ship Reporting Area [Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983] The Reporting Area Outer Boundary is defined by the following geographic coordinates and description as outlined in IMO Resolution MSC.279(85) Appendix 1—Outer Boundary adopted on 1 December 2008 that superseded and amended IMO Resolution MEPC.171(57) adopted on 4 April 2008. The outer boundary of the CORALSHIPREP reporting area consists of lines connecting the following geographical positions: Starting at (1) 29° 24′.21 N, 178° 06′.45 W; A rhumb line to (2) 29° 12′.16 N, 177° 04′.25 W; Then a rhumb line to (3) 28° 43′.78 N, 175° 13′.76 W; Then a rhumb line to (4) 27° 00′.28 N, 173° 25′.37 W; Then a rhumb line to (5) 26° 44′.85 N, 171° 28′.22 W; Then a rhumb line to (6) 26° 23′.95 N, 170° 20′.25 W; Then a rhumb line to (7) 25° 56′.49 N, 167° 32′.03 W; Then a rhumb line to (8) 24° 50′.23 N, 165° 58′.56 W; Then a rhumb line to (9) 24° 02′.61 N, 161° 42′.30 W; Then an arc with a 60.25 nm radius centered at (21) 23° 03′.61 N, 161° 55′.22 W; To a point (10) 22° 04′.59 N, 162° 08′.14 W; Then a rhumb line to (11) 22° 35′.32 N, 164° 53′.46 W; Then a rhumb line to (12) 22° 47′.86 N, 166° 40′.44 W; Then a rhumb line to (13) 24° 03′.30 N, 168° 27′.53 W; Then a rhumb line to (14) 24° 26′.59 N, 170° 50′.37 W; Then a rhumb line to (15) 24° 46′.49 N, 171° 52′.87 W; Then a rhumb line to (16) 25° 07′.23 N, 174° 30′.23 W; Then a rhumb line to (17) 27° 05′.50 N, 176° 35′.40 W; Then a rhumb line to (18) 27° 15′.11 N, 177° 35′.26 W; Then a rhumb line to (19) 27° 26′.10 N, 178° 32′.23 W; Then an arc with a 60.17 nm radius centered at (20) 28° 25′.23 N, 178° 19′.51 W; Then to point (1) 29° 24′.21 N, 178° 06′.45 W. The boundaries for the Inner Reporting Areas listed in this appendix, unless otherwise described in this rule, begin at Point 1 as indicated in the particular area's coordinate table and continue to each successive point in numerical order until ending at the last point in the table. Table 1—Coordinates of the Inner Reporting Area Boundary Around Hōlanikū (Kure Atoll), Kuaihelani (Midway Atoll), Manawai (Pearl and Hermes Atoll) Area To Be Avoided (ATBA) Point No. Longitude Latitude 1 −175.78700 27.01217 2 −175.87900 27.01133 3 −175.96933 27.01817 4 −176.05883 27.03317 5 −176.14683 27.05567 6 −176.23183 27.08533 7 −176.31317 27.12283 8 −176.39000 27.16633 9 −176.46233 27.21700 10 −176.47833 27.22950 11 −176.49783 27.24600 12 −177.55517 27.41583 13 −178.49833 27.59783 14 −178.56550 27.61067 15 −178.62200 27.62550 16 −178.67750 27.64333 17 −178.73167 27.66417 18 −178.78417 27.68800 19 −178.83500 27.71483 20 −178.88383 27.74433 21 −178.93050 27.77650 22 −178.97483 27.81117 23 −179.01667 27.84817 24 −179.05650 27.88700 25 −179.09350 27.92817 26 −179.12683 27.97150 27 −179.15783 28.01683 28 −179.18500 28.06350 29 −179.20883 28.11183 30 −179.22917 28.16117 31 −179.24583 28.21167 32 −179.25900 28.26300 33 −179.26850 28.31517 34 −179.27417 28.36733 35 −179.27600 28.41200 36 −179.27617 28.42000 37 −179.27600 28.43017 38 −179.27400 28.47250 39 −179.26833 28.52483 40 −179.25900 28.57683 41 −179.24583 28.62817 42 −179.22900 28.67850 43 −179.20900 28.72800 44 −179.18550 28.77633 45 −179.15867 28.82317 46 −179.12833 28.86850 47 −179.09500 28.91200 48 −179.05850 28.95350 49 −179.01917 28.99300 50 −178.97700 29.03017 51 −178.93217 29.06500 52 −178.88500 29.09717 53 −178.83550 29.12667 54 −178.78400 29.15350 55 −178.73067 29.17733 56 −178.67567 29.19817 57 −178.61933 29.21583 58 −178.56183 29.23033 59 −178.50350 29.24167 60 −178.44433 29.24983 61 −178.38467 29.25467 62 −178.32483 29.25600 63 −178.26500 29.25417 64 −178.20533 29.24900 65 −178.14633 29.24050 66 −177.20117 29.05783 67 −177.12150 29.04250 68 −175.59117 28.64933 69 −175.57250 28.64450 70 −175.32900 28.58183 71 −175.17750 28.43733 72 −175.14917 28.41017 73 −175.15067 28.40883 74 −175.08183 28.33483 75 −175.03200 28.26750 76 −174.98883 28.19633 77 −174.95383 28.12150 78 −174.92800 28.04383 79 −174.91033 27.96400 80 −174.90083 27.88350 81 −174.90083 27.80200 82 −174.91033 27.72133 83 −174.92850 27.64133 84 −174.95533 27.56350 85 −174.99050 27.48833 86 −175.03383 27.41667 87 −175.08450 27.34883 88 −175.14317 27.28633 89 −175.20783 27.22883 90 −175.27783 27.17650 91 −175.35417 27.13133 92 −175.43483 27.09283 93 −175.51917 27.06100 94 −175.60667 27.03700 95 −175.69633 27.02150 96 −175.78700 27.01217 Table 2—Coordinates for the Inner Reporting Area Boundary Around 'Ōnūnui and 'Ōnuiki (Gardner Pinnacles), Lalo (French Frigate Shoals), Mokumanamana (Necker) ATBA Point No. Longitude Latitude 1 −168.00150 25.83633 2 −167.87767 25.82733 3 −167.87750 25.82833 4 −167.80583 25.81650 5 −167.61200 25.78483 6 −167.44133 25.66400 7 −167.32983 25.58500 8 −166.75000 25.17383 9 −166.05600 24.68183 10 −165.58317 24.59400 11 −164.51867 24.39633 12 −164.51900 24.39317 13 −164.49567 24.38850 14 −164.40867 24.36417 15 −164.32317 24.33500 16 −164.24267 24.29583 17 −164.16617 24.24983 18 −164.09483 24.19767 19 −164.03000 24.13833 20 −163.97050 24.07467 21 −163.92033 24.00450 22 −163.87650 23.93083 23 −163.84267 23.85283 24 −163.81633 23.77217 25 −163.79983 23.68950 26 −163.79267 23.60567 27 −163.79333 23.52117 28 −163.80467 23.43783 29 −163.82500 23.35567 30 −163.85233 23.27550 31 −163.89117 23.19933 32 −163.93583 23.12567 33 −163.98967 23.05767 34 −164.05017 22.99417 35 −164.11833 22.93783 36 −164.19150 22.88700 37 −164.26967 22.84333 38 −164.35267 22.80800 39 −164.43800 22.77883 40 −164.52667 22.75817 41 −164.61717 22.74717 42 −164.70850 22.74417 43 −164.79983 22.74867 44 −164.82533 22.75183 45 −164.85800 22.75650 46 −164.85883 22.75283 47 −165.58317 22.83767 48 −166.32717 22.92500 49 −166.38867 22.93217 50 −166.60000 22.95683 51 −166.75000 23.06250 52 −166.79083 23.09133 53 −168.38100 24.21167 54 −168.37967 24.21467 55 −168.45467 24.26750 56 −168.52767 24.31917 57 −168.59917 24.37117 58 −168.66567 24.42850 59 −168.72583 24.49183 60 −168.77717 24.56117 61 −168.82150 24.63433 62 −168.85767 24.71133 63 −168.88533 24.79083 64 −168.90467 24.87233 65 −168.91367 24.95533 66 −168.91583 25.03867 67 −168.90717 25.12167 68 −168.88867 25.20317 69 −168.86267 25.28317 70 −168.82667 25.35950 71 −168.78217 25.43233 72 −168.73100 25.50150 73 −168.67367 25.56483 74 −168.60867 25.62283 75 −168.53733 25.67483 76 −168.46133 25.72067 77 −168.38033 25.75950 78 −168.29600 25.79050 79 −168.20783 25.81317 80 −168.11817 25.82867 81 −168.02700 25.83517 82 −168.00150 25.83633 Table 3—Coordinates for Inner Reporting Area Boundary Around the Kapou (Lisianski Island), Kamole (Laysan Island), Kamokuokamohoali'i (Maro Reef), Raita Bank ATBA Point No. Longitude Latitude 1 −173.56150 26.85217 2 −173.51450 26.84583 3 −173.51317 26.84817 4 −171.62833 26.60000 5 −171.56400 26.59150 6 −171.51400 26.58500 7 −171.45833 26.56783 8 −171.41933 26.55583 9 −170.38400 26.23767 10 −169.81600 26.14483 11 −169.81717 26.13933 12 −169.76383 26.12700 13 −169.67617 26.10050 14 −169.59400 26.06617 15 −169.51517 26.02517 16 −169.44083 25.97750 17 −169.37233 25.92200 18 −169.31000 25.86117 19 −169.25317 25.79633 20 −169.20567 25.72567 21 −169.16550 25.65083 22 −169.13467 25.57283 23 −169.11267 25.49233 24 −169.09883 25.41017 25 −169.09400 25.32717 26 −169.09883 25.24417 27 −169.11100 25.16150 28 −169.13367 25.08083 29 −169.16600 25.00283 30 −169.20583 24.92767 31 −169.25233 24.85583 32 −169.30800 24.78950 33 −169.37033 24.72817 34 −169.43850 24.67233 35 −169.51300 24.62367 36 −169.59400 24.58333 37 −169.67767 24.55033 38 −169.76467 24.52233 39 −169.85133 24.50517 40 −169.94217 24.49467 41 −170.03017 24.49267 42 −170.07617 24.49350 43 −170.73983 24.59617 44 −170.79300 24.60483 45 −170.83950 24.61967 46 −170.86950 24.62933 47 −171.83650 24.93717 48 −174.41400 25.27683 49 −174.64083 25.49267 50 −174.70050 25.55467 51 −174.75333 25.62217 52 −174.79733 25.69467 53 −174.83417 25.77050 54 −174.86283 25.84883 55 −174.88183 25.93000 56 −174.89117 26.01183 57 −174.89350 26.09450 58 −174.88450 26.17650 59 −174.86800 26.25767 60 −174.84283 26.33667 61 −174.80733 26.41250 62 −174.76567 26.48583 63 −174.71600 26.55433 64 −174.65817 26.61850 65 −174.59383 26.67667 66 −174.52383 26.72917 67 −174.44783 26.77483 68 −174.36817 26.81500 69 −174.28383 26.84650 70 −174.19650 26.87000 71 −174.10717 26.88683 72 −174.01633 26.89567 73 −173.92467 26.89567 74 −173.83367 26.88817 75 −173.74300 26.87600 76 −173.65233 26.86417 77 −173.56150 26.85217 Table 4—Coordinates for the Inner Reporting Area Boundary Around Nihoa ATBA Point No. Longitude Latitude 1 −161.78483 23.88033 2 −161.74450 23.87317 3 −161.74233 23.88033 4 −161.68667 23.86833 5 −161.63200 23.85300 6 −161.57850 23.83467 7 −161.52633 23.81317 8 −161.47583 23.78883 9 −161.42700 23.76150 10 −161.38017 23.73133 11 −161.33550 23.69867 12 −161.29333 23.66333 13 −161.25350 23.62567 14 −161.21650 23.58567 15 −161.18217 23.54367 16 −161.15083 23.49983 17 −161.12250 23.45417 18 −161.09750 23.40700 19 −161.07567 23.35850 20 −161.05717 23.30867 21 −161.04217 23.25800 22 −161.03067 23.20650 23 −161.02250 23.15450 24 −161.01817 23.10217 25 −161.01717 23.04950 26 −161.01983 22.99700 27 −161.02617 22.94483 28 −161.03583 22.89300 29 −161.04917 22.84183 30 −161.06583 22.79167 31 −161.08583 22.74250 32 −161.10900 22.69450 33 −161.13550 22.64800 34 −161.16500 22.60317 35 −161.19750 22.56017 36 −161.23283 22.51900 37 −161.27083 22.48017 38 −161.31150 22.44350 39 −161.35433 22.40933 40 −161.39950 22.37767 41 −161.44667 22.34867 42 −161.49567 22.32250 43 −161.54633 22.29917 44 −161.59833 22.27883 45 −161.65167 22.26167 46 −161.70617 22.24750 47 −161.76133 22.23667 48 −161.81717 22.22883 49 −161.87350 22.22450 50 −161.93000 22.22333 51 −161.98633 22.22550 52 −162.04250 22.23083 53 −162.09083 22.23850 54 −162.09817 22.23950 55 −162.11467 22.24317 56 −162.20300 22.26450 57 −162.28850 22.29500 58 −162.37000 22.33283 59 −162.44733 22.37883 60 −162.51917 22.43133 61 −162.58483 22.49017 62 −162.64350 22.55467 63 −162.69533 22.62450 64 −162.73900 22.69883 65 −162.77450 22.77717 66 −162.80083 22.85800 67 −162.81817 22.94100 68 −162.82633 23.02500 69 −162.82483 23.10967 70 −162.81483 23.19350 71 −162.79500 23.27617 72 −162.76633 23.35600 73 −162.72917 23.43367 74 −162.68350 23.50667 75 −162.63050 23.57517 76 −162.56967 23.63767 77 −162.50300 23.69483 78 −162.42983 23.74533 79 −162.35183 23.78933 80 −162.26933 23.82583 81 −162.18317 23.85400 82 −162.09383 23.87400 83 −162.00417 23.88567 84 −161.91250 23.88933 85 −161.82133 23.88483 86 −161.78483 23.88033 Appendix F to Subpart W of Part 922—IMO Standard Reporting Format and Data Syntax for Ship Reporting System Telegraphy Function Information required Example field text System identifier CORAL SHIPREP // CORAL SHIPREP // A Ship Vessel name/call sign/flag/IMO number/Federal documentation or State registration number if applicable // A/OCEAN VOYAGER/C5FU8/BAHAMAS/IMO 9359165/. B Date, time (UTC), and month of entry A 6-digit group giving day of month (first two digits), hours and minutes (last four digits) in coordinated universal time, suffixed by the letter Z (indicating time in UTC), and three letters indicating month // B/271107Z DEC//. C Position A 4-digit group giving latitude in degrees and minutes, suffixed with the letter N (indicating north), followed by a single /, and a five-digit group giving longitude in degrees and minutes, suffixed with the letter W (indicating west) // [Report in the World Geodetic System 1984 Datum (WGS-84)] C/2728N/17356W//. E True course 3-digit number indicating true course // E/180//. F Speed in knots and tenths 3-digit group indicating knots decimal tenths // F/20.5//. I Destination and estimated time of arrival Name of port city/country/estimated arrival date and time group expressed as in (B) // I/SEATTLE/USA/311230Z DEC//. L Intended route through the re- porting area Route information should be reported as a direct rhumbline (RL) course through the reporting area and intended speed (expressed as in E and F) or a series of waypoints (WP). Each waypoint entry should be reported as latitude and longitude, expressed as in (C), and intended speed be- tween waypoints (as in F) // (Note: As many “L” lines as needed may be used to describe the vessel's intended route.) L/RL/215/20.5// O Vessel draft in meters Maximum present static draft reported in meters decimal centimeters // O/11.50//. P Categories of Hazardous Cargoes * Classification Code (e.g., IMDG, IBC, IGC, INF) / and all corresponding Categories of Hazardous Cargoes (delimited by commas) // Note: If necessary, use a separate “P” line for each type of Classification Code P/IMDG/1.4G,2.1,2.2,2.3, 3,4.1,6.1,8,9//. Q Defects or deficiencies ** Brief details of defects, damage, deficiencies or limitations that restrict maneuverability or impair normal navigation // (If none, enter the number zero.) Q/Include details as required//. R Pollution incident or goods lost overboard ** Description of pollution incident or goods lost overboard with- in the Monument, the Reporting Area, or the U.S. Exclusive Economic Zone// (If none, enter the number zero.) R/0//. T Contact information of ship's agent or owner Name/address/and phone number of ship's agent or owner // T/JOHN DOE/GENERIC SHIPPING COMPANY INC, 6101 ACME ROAD, ROOM 123, CITY, STATE, COUNTRY 12345/123-123-1234//. U Ship size (length overall and gross tonnage) and type Length overall reported in meters decimal centimeters/number of gross tons/type of ship (e.g., bulk carrier, chemical tanker, oil tanker, gas tanker, container, general cargo, fishing vessel, research, passenger, OBO, RORO) // U/294.14/54592/CONTAINER SHIP//. W Persons Total number of persons on board // W/15//. Table Notes: * Categories of hazardous cargoes means goods classified in the International Maritime Dangerous Goods (IMDG) Code; substances classified in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as defined in MARPOL Annex I; noxious liquid substances as defined in MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and radioactive materials specified in the Code for the Safe Carriage of the Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships (INF Code). ** In accordance with the provisions of the MARPOL Convention, ships must report information relating to defects, damage, deficiencies or other limitations as well as, if necessary, information relating to pollution incidents or loss of cargo. Safety related reports must be provided to CORAL SHIPREP without delay should a ship suffer damage, failure or breakdown affecting the safety of the ship (Item Q), or if a ship makes a marked deviation from a route, course or speed previously advised (Item L). Pollution or cargo lost overboard must be reported without delay (Item R).

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