15 CFR 922.12 Sanctuary Nomination Process

This content is from the eCFR and is authoritative but unofficial.



Displaying title 15, up to date as of 8/26/2024. Title 15 was last amended 8/23/2024.

Title 15 —Commerce and Foreign Trade
Subtitle B —Regulations Relating to Commerce and Foreign Trade
Chapter IX —National Oceanic and Atmospheric Administration, Department of Commerce
Subchapter B —Ocean and Coastal Resource Management
Part 922 —National Marine Sanctuary Program Regulations
Subpart A —Regulations of General Applicability
EDITORIAL NOTE ON PART 922

Editorial Note: Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997 and at 62 FR 67724, Dec. 30, 1997.
§ 922.12 Sanctuary nomination process.
(a) The sanctuary nomination process (see National Marine Sanctuaries website www.sanctuaries.noaa.gov) is the means by
which the public can submit areas of the marine and Great Lakes environments for consideration by NOAA as a national
marine sanctuary.
(b) The Director will consider the following national significance criteria in determining if a nominated area is of special
national significance:
(1) The area's natural resources and ecological qualities are of special significance and contribute to: biological
productivity or diversity; maintenance or enhancement of ecosystem structure and function; maintenance of
ecologically or commercially important species or species assemblages; maintenance or enhancement of critical
habitat, representative biogeographic assemblages, or both; or maintenance or enhancement of connectivity to other
ecologically significant resources.
(2) The area contains submerged maritime heritage resources of special historical, cultural, or archaeological
significance, that: individually or collectively are consistent with the criteria of eligibility or listing on the National
Register of Historic Places; have met or which would meet the criteria for designation as a National Historic
Landmark; or have special or sacred meaning to the indigenous people of the region or nation.
(3) The area supports present and potential economic uses, such as: tourism; commercial and recreational fishing;
subsistence and traditional uses; diving; and other recreational uses that depend on conservation and management of
the area's resources.
(4) The publicly-derived benefits of the area, such as aesthetic value, public recreation, and access to places depend on
conservation and management of the area's resources.
(c) The Director will consider the following management considerations in determining the manageability of a nominated area:
(1) The area provides or enhances opportunities for research in marine science, including marine archaeology.
(2) The area provides or enhances opportunities for education, including the understanding and appreciation of the
marine and Great Lakes environments.
(3) Adverse impacts from current or future uses and activities threaten the area's significance, values, qualities, and
resources.
(4) A national marine sanctuary would provide unique conservation and management value for this area that also have
beneficial values for adjacent areas.
(5) The existing regulatory and management authorities for the area could be supplemented or complemented to meet
the conservation and management goals for the area.
(6) There are commitments or possible commitments for partnerships opportunities such as cost sharing, office space or
exhibit space, vessel time, or other collaborations to aid conservation or management programs for the area.

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