15 CFR Part 922

15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

15 CFR Part 922 (Oct. 16, 2024)

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

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
§ 922.1 Purposes and applicability of the regulations.
§ 922.2 Mission, goals, and special policies.
§ 922.3 Issuance of regulations for fishing.
§ 922.4 Boundaries.
§ 922.5 Allowed activities.
§ 922.6 Prohibited or otherwise regulated activities
§ 922.7 Emergency regulations.
§ 922.8 Penalties.
§ 922.9 Response costs and damages.
§ 922.10 Pre-existing authorizations or rights and certifications of pre-existing authorizations
or rights.
§ 922.11 Definitions.
§ 922.12 Sanctuary nomination process.
§ 922.13 Selection of nominated areas for national marine sanctuary designation.
Subparts B - C [Reserved]
Subpart D National Marine Sanctuary Permitting
§ 922.30 National Marine Sanctuary general permits.
§ 922.31 National Marine Sanctuary special use permits.
§ 922.32 Application requirements and procedures.
§ 922.33 Review procedures and evaluation.
§ 922.34 Permit amendments.
§ 922.35 Special use permit fees.
§ 922.36 National Marine Sanctuary authorizations.
§ 922.37 Appeals of permitting decisions.
Subpart E [Reserved]

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Subpart F
§ 922.60
§ 922.61
§ 922.62
Subpart G
§ 922.70
§ 922.71
§ 922.72
§ 922.73

Monitor National Marine Sanctuary
Boundary.
Prohibited or otherwise regulated activities.
Permit procedures.
Channel Islands National Marine Sanctuary
Boundary.
Definitions.
Prohibited or otherwise regulated activities—Sanctuary-wide.
Additional prohibited or otherwise regulated activities—marine reserves and marine
conservation area.
§ 922.74 Permit procedures.
Appendix A to Subpart G of Part 922
Channel Islands National Marine Sanctuary Boundary
Coordinates
Appendix B to Subpart G of Part 922
Marine Reserve Boundaries

Appendix C to Subpart G of Part 922
Marine Conservation Area Boundary
Subpart H Greater Farallones National Marine Sanctuary
§ 922.80 Boundary.
§ 922.81 Definitions.
§ 922.82 Prohibited or otherwise regulated activities.
§ 922.83 Permit procedures and issuance criteria.
§ 922.84 Certification of preexisting leases, licenses, permits, approvals, other authorizations,
or rights to conduct a prohibited activity.
§ 922.85 Review of State permits and leases for certain aquaculture projects.
Appendix A to Subpart H of Part 922
Greater Farallones National Marine Sanctuary Boundary
Coordinates
Appendix B to Subpart H of Part 922
No-Anchoring Seagrass Protection Zones in Tomales Bay
Appendix C to Subpart H of Part 922
Northern Extent of Tomales Bay
Appendix D to Subpart H of Part 922
Special Wildlife Protection Zones Within the Sanctuary
Appendix E to Subpart H of Part 922
Cargo Vessel Prohibition Zones in the Sanctuary
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Appendix F to Subpart H of Part 922
White Shark Approach Prohibition Zones in the Sanctuary
Appendix G to Subpart H of Part 922
Designated Area for Certain United States Coast Guard
Discharges
Subpart I Gray's Reef National Marine Sanctuary
§ 922.90 Boundary.
§ 922.91 Definitions.
§ 922.92 Prohibited or otherwise regulated activities—Sanctuary-wide.
§ 922.93 Permit procedures and criteria.
§ 922.94 Prohibited or otherwise regulated activities—Research area.
Appendix A to Subpart I of Part 922
Boundary Coordinates for the Gray's Reef National Marine
Sanctuary Research Area
Subpart J National Marine Sanctuary of American Samoa
§ 922.100 Scope of regulations.
§ 922.101 Boundary.
§ 922.102 Definitions.
§ 922.103 Prohibited or otherwise regulated activities—Sanctuary-wide.
§ 922.104 Prohibited or otherwise regulated activities—Sanctuary-wide except in the Muliāva
Unit.
§ 922.105 Prohibited or otherwise regulated activities—Unit-specific.
§ 922.106 Management and enforcement.
§ 922.107 Permit procedures.
Appendix to Subpart J of Part 922
American Samoa National Marine Sanctuary Boundary
Coordinates
Subpart K Cordell Bank National Marine Sanctuary
§ 922.110 Boundary.
§ 922.111 [Reserved]
§ 922.112 Prohibited or otherwise regulated activities.
§ 922.113 Permit procedures and issuance criteria.
Appendix A to Subpart K of Part 922
Cordell Bank National Marine Sanctuary Boundary Coordinates
Appendix B to Subpart K of Part 922
Line Representing the 50-Fathom Isobath Surrounding Cordell
Bank
Appendix C to Subpart K of Part 922
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Designated Area for Certain United States Coast Guard
Discharges
Subpart L Flower Garden Banks National Marine Sanctuary
§ 922.120 Boundary.
§ 922.121 Definitions.
§ 922.122 Prohibited or otherwise regulated activities.
§ 922.123 Permit procedures.
Appendix A to Subpart L of Part 922
Flower Garden Banks National Marine Sanctuary Boundary
Coordinates
Appendix B to Subpart L of Part 922
Flower Garden Banks National Marine Sanctuary—Terms of
Designation
Subpart M Monterey Bay National Marine Sanctuary
§ 922.130 Boundary.
§ 922.131 Definitions.
§ 922.132 Prohibited or otherwise regulated activities.
§ 922.133 Permit procedures and criteria.
§ 922.134 Review of certain State permits and leases.
Appendix A to Subpart M of Part 922
Monterey Bay National Marine Sanctuary Boundary
Coordinates
Appendix B to Subpart M of Part 922
Zones Within the Sanctuary Where Overflights Below 1000 Feet
Are Prohibited
Appendix C to Subpart M of Part 922
Dredged Material Disposal Sites Within the Sanctuary
Appendix D to Subpart M of Part 922
Dredged Material Disposal Sites Adjacent to the Monterey Bay
National Marine Sanctuary
Appendix E to Subpart M of Part 922
Motorized Personal Watercraft Zones and Access Routes
Within the Sanctuary
Appendix F to Subpart M of Part 922
Davidson Seamount Management Zone
Subpart N Stellwagen Bank National Marine Sanctuary
§ 922.140 Boundary.
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§ 922.141 Definitions.
§ 922.142 Prohibited or otherwise regulated activities.
§ 922.143 Permit procedures.
Appendix A to Subpart N of Part 922
Stellwagen Bank National Marine Sanctuary Boundary
Coordinates
Subpart O Olympic Coast National Marine Sanctuary
§ 922.150 Boundary.
§ 922.151 Definitions.
§ 922.152 Prohibited or otherwise regulated activities.
§ 922.153 Permit procedures and criteria.
§ 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent
county governments.
Appendix A to Subpart O of Part 922
Olympic Coast National Marine Sanctuary Boundary
Coordinates
Subpart P Florida Keys National Marine Sanctuary
§ 922.160 Purpose.
§ 922.161 Boundary.
§ 922.162 Definitions.
§ 922.163 Prohibited activities—Sanctuary-wide.
§ 922.164 Additional activity regulations by Sanctuary area.
§ 922.165 Emergency regulations.
§ 922.166 Permits other than for access to the Tortugas Ecological Reserve—application
procedures and issuance criteria.
§ 922.167 Permits for access to the Tortugas Ecological Reserve.
§ 922.168 [Reserved]
Appendix I to Subpart P of Part 922
Florida Keys National Marine Sanctuary Boundary Coordinates
Appendix II to Subpart P of Part 922
Existing Management Areas Boundary Coordinates
Appendix III to Subpart P of Part 922
Wildlife Management Areas Access Restrictions
Appendix IV to Subpart P of Part 922
Ecological Reserves Boundary
Appendix V to Subpart P of Part 922
Sanctuary Preservation Areas Boundary Coordinates
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Appendix VI to Subpart P of Part 922
Special-Use Areas Boundary Coordinates and Use
Designations
Appendix VII to Subpart P of Part 922
Areas To Be Avoided Boundary Coordinates
Subpart Q Hawaiian Islands Humpback Whale National Marine Sanctuary
§ 922.180 Purpose.
§ 922.181 Boundary.
§ 922.182 Definitions.
§ 922.183 Allowed activities.
§ 922.184 Prohibited activities.
§ 922.185 Emergency regulations.
§ 922.186 Penalties; appeals.
§ 922.187 Interagency Cooperation.
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.
Subpart R Thunder Bay National Marine Sanctuary and Underwater Preserve
§ 922.190 Boundary.
§ 922.191 Definitions.
§ 922.192 Joint Management Committee.
§ 922.193 Prohibited or otherwise regulated activities.
§ 922.194 [Reserved]
§ 922.195 Permit procedures.
§ 922.196 Emergency regulations.
§ 922.197 Effect on affected federally-recognized Indian tribes.
§ 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.
Appendix A to Subpart R of Part 922
Thunder Bay National Marine Sanctuary and Underwater
Preserve Boundary Coordinates
Appendix B to Subpart R of Part 922
Minor Projects for Purposes of § 922.193(a)(2)(iii)
Subpart S Mallows Bay—Potomac River National Marine Sanctuary
§ 922.200 Boundary.
§ 922.201 Definitions.
§ 922.202 Joint management.
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§ 922.203
§ 922.204
§ 922.205
§ 922.206

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Prohibited or otherwise regulated activities.
Emergency regulations.
Permit procedures.
Certification of preexisting leases, licenses, permits, approvals, other authorizations,
or rights to conduct a prohibited activity.

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
Appendix B to Subpart S of Part 922
Mallows Bay-Potomac River Marine Sanctuary Terms of
Designation
Subpart T Wisconsin Shipwreck Coast National Marine Sanctuary
§ 922.210 Boundary.
§ 922.211 Definitions.
§ 922.212 Co-management.
§ 922.213 Prohibited or otherwise regulated activities.
§ 922.214 Emergency regulations.
§ 922.215 Permit procedures.
§ 922.216 Certification of preexisting leases, licenses, permits, approvals, other authorizations,
or rights to conduct a prohibited activity.
Appendix A to Subpart T of Part 922
Wisconsin Shipwreck Coast Sanctuary Boundary Description
and Coordinates of the Lateral Boundary Closures and
Excluded Areas
Appendix B to Subpart T of Part 922
Wisconsin Shipwreck Coast National Marine Sanctuary Terms
of Designation
Subpart U Lake Ontario National Marine Sanctuary
§ 922.220 Boundary.
§ 922.221 Definitions.
§ 922.222 Co-management.
§ 922.223 Prohibited or otherwise regulated activities.
§ 922.224 Emergency regulations.
§ 922.225 Permit procedures and review criteria.
§ 922.226 Certification of preexisting leases, licenses, permits, approvals, other authorizations,
or right to conduct a prohibited activity.
§ 922.227 Effect on affected federally recognized Nations and Tribes.
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Appendix A to Subpart U of Part 922
Lake Ontario National Marine Sanctuary Boundary Description
and Coordinates of the Excluded Areas
Appendix B to Subpart U of Part 922
Lake Ontario National Marine Sanctuary Terms of Designation
Subpart V XXX

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.
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.
(a) The purposes of this part are:
(1) To implement title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended
(16 U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act (NMSA or Act)), the
Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA) (Pub. L. 101-605) and the
Hawaiian Islands National Marine Sanctuary Act (sections 2301-2307 of Pub. L. 102-587); and
(2) To implement the designations of the national marine sanctuaries, for which site specific regulations
appear in subparts F through U 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

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accordance with generally recognized principles of international law,[1] and in accordance with treaties,
conventions, and other agreements to which the United States is a party. No regulation of this part shall
apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance
with:

(1) 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]

§ 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.,
the Archeological and Historical Preservation Act of 1974, 54 U.S.C. 312501 et seq., and the Archeological
Resources Protection Act of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory
protection and preservation planning policy extended to historical resources on land shall be extended, to
the extent practicable, to historical resources in the marine environment within the boundaries of
designated national marine sanctuaries. The management of historical resources under the authority of

[1]

Based on the legislative history of the NMSA, NOAA has long interpreted the text of 16 U.S.C. 1435(a) as
encompassing international law, including customary international law.
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the Act shall be consistent, to the extent practicable, with the Federal archeological program by consulting
the Uniform Regulations, ARPA (43 CFR part 7) and other relevant Federal regulations. The Secretary of
the Interior's Standards and Guidelines for Archeology may also be consulted for guidance.

§ 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.
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.
The boundaries for each of the sixteen National Marine Sanctuaries covered by this part are described in subparts F
through U, respectively.
[89 FR 48286, June 6, 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.). The Assistant Administrator may only directly regulate fishing activities pursuant
to the procedure set forth in section 304(a)(5) of the NMSA.
[88 FR 958, Jan. 6, 2023; 88 FR 19826, Apr. 4, 2023]

§ 922.6 Prohibited or otherwise regulated activities
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.
Subparts F through U set forth site-specific regulations applicable to the activities specified therein.
[89 FR 48286, June 6, 2024]

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§ 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 to the United States for
response costs and damages resulting from such destruction, loss, or injury.

§ 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:
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15 CFR 922.11 “Abandoning”

Abandoning means leaving without intent to remove any structure, material, or other matter on or in the seabed
or submerged lands of a Sanctuary. For Thunder Bay National Marine Sanctuary and Underwater Preserve,
abandoning means leaving without intent to remove any structure, material or other matter on the lake
bottom associated with underwater cultural resources.
Act or NMSA means title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16
U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act.
Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management,
National Oceanic and Atmospheric Administration (NOAA) or designee.
Attract or attracting means the conduct of any activity that lures or may lure any animal by using food, bait,
chum, dyes, decoys (e.g., surfboards or body boards used as decoys), acoustics or any other means,
except the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers, surfers).
Benthic community means the assemblage of organisms, substrate, and structural formations found at or near
the sea/ocean/lake bottom that is periodically or permanently covered by water.
Clean means not containing detectable levels of harmful matter.
Commercial fishing means any activity that results in the sale or trade for intended profit of fish, shellfish, algae,
or corals.
Conventional hook and line gear means any fishing gear composed of a single line terminated by a combination
of sinkers and hooks or lures and spooled upon a reel that may be hand, electrically, or hydraulically
operated, regardless of whether mounted. This term does not include longlines.
Cruise ship means any vessel with 250 or more passenger berths for hire.
Cultural resource means any historical or cultural feature, including archaeological sites, historic structures,
shipwrecks, and artifacts.
Deserting means leaving a vessel aground, adrift, wrecked, junked, or in a substantially dismantled condition
without notification to the Director of the vessel going aground or becoming adrift, wrecked, junked, or
substantially dismantled within 12 hours of its discovery and developing and presenting to the Director a
preliminary salvage plan within 24 hours of such notification; after expressing or otherwise manifesting
intention not to undertake or to cease salvage efforts, or when the owner/operator cannot after
reasonable efforts by the Director be reached within 12 hours of the vessel's condition being reported to
authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, discharge,
or deposit and the owner/operator fails to secure the vessel in a timely manner.
Director means, except where otherwise specified, the Director of the Office of National Marine Sanctuaries or
designee.
Effective date means the date of final regulations described and published in the FEDERAL REGISTER. For
regulations governing the designation of a new sanctuary or revising terms of designation, effective date
means the date after the close of the review period of the 45th day of continuous session of Congress
following submission of the FEDERAL REGISTER document of the designation together with final regulations
to implement the designation and any other matters required by law, unless the Governor of any state in
which the sanctuary is completely or partially located certifies that the designation or any of its terms is
unacceptable pursuant to section 304(b) of the National Marine Sanctuaries Act (NMSA) (16 U.S.C.
1434(b)).

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15 CFR 922.11 “Exclusive economic zone”

Exclusive economic zone means the zone established by Proclamation 5030, dated March 10, 1983, and as
defined in the Magnuson-Stevens Fishery Conservation and Management Act, as amended 16 U.S.C. 1801
et seq.
Fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than
marine mammals and birds, as defined in the Magnuson-Stevens Fishery Conservation and Management
Act, as amended (16 U.S.C. 1802(12)).
Graywater means graywater as defined by section 312 of the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1322.
Harmful matter means any substance, or combination of substances, that because of its quantity, concentration,
or physical, chemical, or infectious characteristics may pose a present or potential threat of injury to
Sanctuary resources or qualities. Such substances or combination of substances may include, but is not
limited to: fishing nets, fishing line, hooks, fuel, oil, and hazardous substances as defined by the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601(14) and
designated at 40 CFR 302.4.
Historical resource means any resource possessing historical, cultural, archaeological or paleontological
significance, including a site, contextual information, structure, district, and object significantly associated
with or representative of earlier people, culture, maritime heritage, and human activities and events.
Historical resource includes “cultural resource,” “submerged cultural resource,” and “historical property” as
that term is used in the National Historic Preservation Act, as amended, 54 U.S.C. 300101 et seq. and its
implementing regulations, as amended.
Indian tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary
of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe
List Act of 1994, 25 U.S.C. 5130.
Injure or injury means to change adversely, either in the short or long term, a chemical, biological or physical
attribute, or the viability, of a sanctuary resource. This includes, but is not limited to, to cause the loss of
or destroy.
Introduced species means any species (including, but not limited to, any of its biological matter capable of
propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which altered
genetic matter, or genetic matter from another species, has been transferred in order that the host
organism acquires the genetic traits of the transferred genes.
Inventory means a list of selected natural and historical resource sites selected by the Secretary as qualifying
for further evaluation for possible designation as National Marine Sanctuaries.
Lawful fishing means fishing authorized by a tribal, State or Federal entity with jurisdiction over the activity.
Lightering means at-sea transfer of petroleum-based products, materials, or other matter from vessel to vessel.
Marine means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and
submerged lands over which the United States exercises jurisdiction, including the exclusive economic
zone, consistent with international law.
Mineral means clay, stone, sand, gravel, metalliferous ore, non-metalliferous ore, or any other solid material or
other matter of commercial value.
National historic landmark means a district, site, building, structure or object designated as such by the
Secretary of the Interior under the National Historic Landmarks Program (36 CFR part 65).
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National Marine Sanctuary Program Regulations

15 CFR 922.11 “National Marine Sanctuary or Sanctuary”

National Marine Sanctuary or Sanctuary means an area of the marine environment of special national
significance designated as such by the National Oceanic and Atmospheric Administration (NOAA)
pursuant to the Act or by Congress pursuant to legislation.
Person means any private individual, partnership, corporation or other entity; or any officer, employee, agent,
department, agency or instrumentality of the Federal government, of any State or local unit of government,
or of any foreign government.
Regional Fishery Management Council means any fishery council established under the Magnuson-Stevens
Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
Sanctuary quality means any of those ambient conditions, physical-chemical characteristics and natural
processes, the maintenance of which is essential to the ecological health of a national marine sanctuary,
including, but not limited to, water quality, sediment quality, and air quality.
Sanctuary resource means any living or non-living resource of a national marine sanctuary, or the parts or
products thereof, that contributes to the conservation, recreational, ecological, historical, educational,
cultural, archaeological, scientific, or aesthetic value of the national marine sanctuary, including, but not
limited to, waters of the sanctuary, the seabed or submerged lands of the sanctuary, other submerged
features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae
and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton,
fish, birds, sea turtles and other marine reptiles, marine mammals, and maritime heritage, cultural,
archaeological, and historical resources. For Thunder Bay National Marine Sanctuary and Underwater
Preserve, Sanctuary resource is defined at § 922.191. For Hawaiian Islands Humpback Whale, Sanctuary
resource is defined at § 922.182. For Mallows Bay-Potomac River National Marine Sanctuary, Sanctuary
resource is defined at § 922.201(a). For Wisconsin Shipwreck Coast National Marine Sanctuary, sanctuary
resource is defined at § 922.211. For Lake Ontario National Marine Sanctuary, sanctuary resource is
defined at § 922.221.
Seagrass means any species of marine angiosperms (flowering plants) that inhabits a portion of the seabed in a
national marine sanctuary. Those species include, but are not limited to: Zostera asiatica (Asian eelgrass),
Zostera marina (eelgrass/common eelgrass); Thalassia testudinum (turtle grass); Syringodium filiforme
(manatee grass); Halodule wrightii (shoal grass); Halophila decipiens (paddle grass), H. engelmannii
(Engelmann's seagrass), H. johnsonii (Johnson's seagrass); and Ruppia maritima (widgeon grass).
Secretary means the Secretary of the United States Department of Commerce, or designee.
Shunt means to discharge expended drilling cuttings and fluids near the ocean seafloor.
State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa, the United States Virgin Islands,
Guam, and any other commonwealth, territory, or possession of the United States.
Subsistence use means the customary and traditional use by rural residents of areas near or in the marine
environment for direct personal or family consumption as food, shelter, fuel, clothing, tools, or
transportation; for the making and selling of handicraft articles; and for barter, if for food or non-edible
items other than money, if the exchange is of a limited and non-commercial nature.
Take (taking or taken) of a marine mammal, sea turtle, or bird means:
(1) Take as that term is defined in section 3(19) of the Endangered Species Act of 1973, as amended, 16
U.S.C. 1532(19) (ESA);

15 CFR 922.11 “Take (taking or taken) of a marine mammal, sea turtle, or bird” (1) (enhanced display)

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15 CFR 922.11 “Take (taking or taken) of a marine mammal,
sea turtle, or bird” (2)

(2) Take as that term is defined in section 3(13) of the Marine Mammal Protection Act of 1972, as
amended, 16 U.S.C. 1362(13) (MMPA); or
(3) Conducting an activity prohibited by section 703 of the Migratory Bird Treaty Act of 1918, as
amended, 16 U.S.C. 703 (MBTA).
(4) For purposes of paragraphs (1), (2), and (3) of this definition, take also includes, but is not limited to,
collection of any dead or injured marine mammal, sea turtle, or bird, or any part thereof; or restraint
or detainment of any marine mammal, sea turtle, or bird, no matter how temporarily; tagging any
marine mammal, sea turtle, or bird, or operating a vessel or aircraft or conducting any other act that
results in the disturbance or molestation of any marine mammal, sea turtle, or bird.
Vessel means a watercraft of any description capable of being used as a means of transportation in or on the
waters of a sanctuary. The term includes but is not limited to, motorized and non-motorized watercraft,
personal watercraft, airboats, and float planes while maneuvering on the water. For purposes of this part,
the terms “vessel,” “watercraft,” and “boat” have the same meaning.
Washington Coast treaty tribe means the Hoh, Makah, or Quileute Indian Tribes or the Quinault Indian Nation.
[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 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:

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(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.

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

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.

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15 CFR 922.30(a)

Link to an amendment published at 89 FR 83594, Oct. 16, 2024.
(a) Authority to issue general permits. The Director may allow a person to conduct an activity that would
otherwise be prohibited by this part through issuance of a general permit, provided the applicant complies
with:
(1) The provisions of this subpart; and
(2) The permit procedures and criteria for all national marine sanctuaries in which the proposed activity
is to take place in accordance with relevant site-specific regulations appearing in subparts F through
U of this part.
(b) Sanctuary general permit categories. The Director may issue a sanctuary general permit under this
subpart and the relevant site-specific subpart, subject to such terms and conditions as he or she deems
appropriate, if the Director finds that the proposed activity falls within one of the following categories or a
category in the relevant site-specific subpart:
(1) Research—activities that constitute scientific research or scientific monitoring of a national marine
sanctuary resource or quality;
(2) Education—activities that enhance public awareness, understanding, or appreciation of a national
marine sanctuary or national marine sanctuary resource or quality;
(3) Management—activities that assist in managing a national marine sanctuary;
(4) Jade removal—the removal of loose jade from the Jade Cove area, without the use of pneumatic,
mechanical, electrical, hydraulic or explosive tools, within Monterey Bay National Marine Sanctuary
that cannot be collected under 15 CFR 922.132(a)(1)(ii) and (iii). Preference will be given for
applications proposing to collect loose pieces of jade for research or educational purposes;
(5) Tribal self-determination—activities conducted by a Washington Coast treaty tribe and/or its
designee as certified by the governing body of the tribe to promote or enhance tribal selfdetermination, tribal government functions, the exercise of treaty rights, the economic development
of the tribe, subsistence, ceremonial and spiritual activities, or the education or training of tribal
members; and
(6) Further FKNMS purposes—activities that further the purposes of Florida Keys National Marine
Sanctuary, including those that facilitate multiple use of the sanctuary, to the extent compatible with
the primary objective of resource protection.

§ 922.31 National Marine Sanctuary special use permits.
(a) In general. A person may conduct a specified special use permit activity, if such activity is specifically
authorized by, and is conducted in accordance with the scope, purpose, manner, terms and conditions of,
a special use permit issued under this section.
(b) Authority to issue. The Director, at his or her discretion, may issue a special use permit in accordance with
this subpart and section 310 of the Act (16 U.S.C. 1441).
(c) Public notice. The Director will not issue a special use permit for any category of activity unless the
Director has published a notice in the FEDERAL REGISTER that such category of activity is subject to the
requirements of section 310 of the Act.

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15 CFR 922.31(d)

(d) Fees. The Director may assess and collect fees for the conduct of any activity authorized by a special use
permit issued pursuant to this section. The fee will be assessed in accordance with § 922.35.
[88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024]

§ 922.32 Application requirements and procedures.
(a) Submitting applications. Permit applications must be submitted by mail to the address listed in the
subpart for the relevant national marine sanctuary or by electronic means as defined in the instructions
for the ONMS permit application. Applicants proposing to conduct an activity in more than one national
marine sanctuary should send the application to each NOAA office for the relevant national marine
sanctuaries in which the activity is proposed.
(b) Application requirements. All applications for a permit under this section must include the following
information:
(1) A detailed description of the proposed activity including:
(i)

A timetable for completion of the activity;

(ii) A detailed description of the proposed location for the activity; and
(iii) The equipment, personnel and methodology to be employed;
(2) The qualifications and experience of all personnel;
(3) The financial resources available to the applicant to conduct and complete the proposed activity and
comply with any terms and conditions deemed necessary;
(4) A statement as to why it is necessary to conduct the activity within a national marine sanctuary;
(5) A description of the potential impacts of the activity, if any, on sanctuary resources and qualities;
(6) A description of the benefits the conduct of the activity would have for the national marine sanctuary
or national marine sanctuary system;
(7) Copies of all other required licenses, permits, approvals, or other authorizations; and
(8) Such other information as the Director may request or is specified in the relevant subpart.
(c) Additional information. Upon receipt of an application, and as part of the evaluation of the permit
application, the Director may:
(1) Request such additional information as he or she deems necessary to act on the application;
(2) Require a site visit; and
(3) Seek the views of any persons.
(d) Time limit for submitting additional information. Unless otherwise specified in writing by the Director, any
information requested by the Director under paragraph (c) of this section must be received by the Director
within 30 days of the postmark date of the request or, if email, the date of the email. Failure to provide
such additional information may be deemed by the Director to constitute withdrawal of the permit
application.
(e) Incomplete applications. The Director may consider an application incomplete, and therefore may refuse
to further consider the application, if the applicant:
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(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. In addition to any relevant site-specific permit review criteria, the Director shall not issue a
permit under this subpart or the relevant subpart, unless he or she also finds that:
(1) The proposed activity will be conducted in a manner compatible with the primary objective of
protection of national marine sanctuary resources and qualities, taking into account the following
factors: the extent to which the conduct of the activity may diminish or enhance national marine
sanctuary resources and qualities; and any indirect or cumulative effects of the activity;
(2) It is necessary to conduct the proposed activity within the national marine sanctuary to achieve its
stated purpose;
(3) The methods and procedures proposed by the applicant are appropriate to achieve the proposed
activity's stated purpose and avoid, minimize, or otherwise mitigate adverse effects on sanctuary
resources and qualities as much as possible;
(4) The duration of the proposed activity and its effects are no longer than necessary to achieve the
activity's stated purpose;
(5) The expected end value of the activity to the furtherance of national marine sanctuary goals and
purposes outweighs any potential adverse impacts on sanctuary resources and qualities from the
conduct of the activity;
(6) The applicant is professionally qualified to conduct and complete the proposed activity;
(7) The applicant has adequate financial resources available to conduct and complete the proposed
activity and terms and conditions of the permit;
(8) There are no other factors that would make the issuance of a permit for the activity inappropriate;
and
(9) For Olympic Coast National Marine Sanctuary, the activity as proposed does not adversely affect any
Washington Coast treaty tribe.
(b) Permit terms and conditions. The Director, at his or her discretion, may subject a permit issued under this
subpart or other relevant subpart to such terms and conditions as he or she deems appropriate. A permit
granted pursuant to this subpart is nontransferable.
(c) Permit actions. The Director may amend, suspend, or revoke a permit issued pursuant to this part or other
relevant subpart for good cause. Procedures governing permit sanctions and denials for enforcement
reasons are set forth in subpart D of 15 CFR part 904.
(d) Denial of permit application. The Director may deny a permit application, in whole or in part, if it is
determined that:

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(1) The proposed activity does not meet the review criteria specified in this subpart or the relevant
subpart of any national marine sanctuary in which the proposed activity is to take place;
(2) The permittee or applicant has acted in violation of the terms and conditions of a permit issued
under this subpart or the relevant subpart of any national marine sanctuary in which the proposed
activity is to take place;
(3) The permittee or applicant has acted in violation of any regulation set forth in this subpart, the
NMSA, or the FKNMSPA;
(4) The proposed activity has resulted in unforeseen adverse impacts to Sanctuary resources or
qualities; or
(5) For other good cause.
(e) Communication of actions and denials. Any action taken by the Director under paragraphs (c) and (d) of
this section shall be communicated in writing to the permittee or applicant and shall set forth the
reason(s) for the action taken.

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

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15 CFR 922.35

§ 922.35 Special use permit fees.
(a) Authority to assess fees. The Director may assess a fee for the conduct of any activity authorized under a
special use permit issued under § 922.31. The Director may collect assessed fees through agreement
with the permit applicant. No special use permit may be effective until all assessed fees are received
unless otherwise provided by the Director by a fee schedule set forth as a permit condition.
(b) Components of permit fees. A fee assessed under this section may include:
(1) All costs incurred, or expected to be incurred, in reviewing and processing the permit application,
including, but not limited to, costs for:
(i)

Personnel;

(ii) Personnel hours;
(iii) Equipment;
(iv) Environmental analysis, assessment or consultation;
(v) Copying; and
(vi) Overhead costs directly related to reviewing and processing the permit application;
(2) All costs incurred, or expected to be incurred, as a direct result of the conduct of the activity for
which the permit is being issued, including, but not limited to:
(i)

The cost of monitoring the conduct both during the activity and after the activity is completed in
order to assess the impacts to sanctuary resources and qualities;

(ii) The use of an official NOAA observer, including travel and expenses and personnel hours; and
(iii) Overhead costs directly related to the permitted activity; and
(3) An amount which represents the fair market value of the use of the sanctuary resource.

§ 922.36 National Marine Sanctuary authorizations.
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.
(a) Authority to issue authorizations. The Director may authorize a person to conduct an activity otherwise
prohibited by subparts L through P, subpart R, or subpart U of this part, if such activity is specifically
allowed by any valid Federal, State, or local lease, permit, license, approval, or other authorization
(hereafter called “agency approval”) issued after the effective date of sanctuary designation or expansion,
provided the applicant complies with the provisions of this section. Such an authorization by ONMS is
hereafter referred to as an “ONMS authorization.”
(b) Authorization notification to the Director —
(1) Notification requirement. An applicant must notify the Director in writing of the request for an ONMS
authorization of an agency approval. The Director may treat an amendment or extension of such an
agency approval as constituting a new agency approval for purposes of this section.
(i)

Notification must occur within fifteen days after the date the applicant files of filing of the
application for the agency approval.

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(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, or subpart U, as appropriate.
(iii) A copy of the application for the agency approval must accompany the notification.
(2) Director's response to notification. The Director shall respond in writing to the applicant and provide
periodic updates on pending ONMS authorization request.
(c) Authorization review procedures and evaluation —
(1) Additional information. The Director may request additional information from the applicant as the
Director deems reasonably necessary to determine whether to issue an ONMS authorization and
what terms and conditions are reasonably necessary to protect sanctuary resources and qualities.
(i)

The information requested must be received by the Director within 45 days of the postmark
date of the Director's request.

(ii) The Director may seek the views of any persons on the application.
(2) Review criteria. The Director shall consider the review criteria in § 922.33(a)(1) through (9) when
deciding whether to issue an ONMS authorization.
(3) Director's response. The Director shall respond in writing to the applicant to inform the applicant of
the Director's decision regarding the authorization request.
(i)

The Director may deny a request for an ONMS authorization and shall provide the reason(s)
therefore. If the Director denies a request for an ONMS authorization, the applicant remains
prohibited from conducting the activity in the sanctuary.

(ii) The Director may issue an ONMS authorization containing terms and conditions deemed
reasonably necessary to protect sanctuary resources and qualities. Failure to comply with an
ONMS authorization constitutes a violation of the NMSA and these regulations, which may
result in an enforcement action and assessment of penalties.
(d) Authorization actions. The Director may amend, suspend, or revoke an ONMS authorization issued
pursuant to this part for good cause. Procedures governing ONMS sanctions and denials for enforcement
reasons are set forth in subpart D of 15 CFR part 904.
(e) Communication of actions and denials. Any action taken by the Director under paragraphs (c) and (d) of
this section to deny, amend, suspend, or revoke an ONMS authorization shall be communicated in writing
to the permittee or applicant and shall set forth the reason(s) for the action taken.
(f) Time limits. Any time limit prescribed in or established under this section may be extended by the Director
for good cause.
[88 FR 958, Jan. 6, 2023, as amended at 89 FR 48287, June 6, 2024]

§ 922.37 Appeals of permitting decisions.
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.

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15 CFR 922.37(a)

(a) Potential appellant. The following person may appeal an action listed in paragraph (b) of this section
(hereinafter referred to as “appellant”):
(1) An applicant or holder of a certification of any existing lease, permit, license, or right of subsistence
use or of access pursuant to § 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 T 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. An appellant may appeal the following actions to the Assistant
Administrator:
(1) The denial, conditioning, amendment, suspension, or revocation by the Director of a general permit
pursuant to § 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. Appeals must be made in writing to the Assistant Administrator for Ocean Services
and Coastal Zone Management, NOAA, 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910 and
must:
(1) State the action(s) by the Director being appealed;
(2) State the reason(s) for the appeal; and
(3) Be received within 30 days of the appellant's receipt of notice of the action by the Director.
(d) Appeal procedures.
(1) The Assistant Administrator may request the appellant submit such information as the Assistant
Administrator deems necessary in order to render a decision on the appeal. The information
requested must be received by the Assistant Administrator within 45 days of the postmark date of
the request.
(2) The Assistant Administrator may seek the views of any other persons when deciding an appeal.
(3) The Assistant Administrator may hold an informal hearing. If an informal hearing is held:
(i)

The Assistant Administrator may designate an officer before whom the hearing shall be held;

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

Subpart E [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 (nmi2) or (0.785 sq. mi.)) extending from the surface to the seabed,
the center of which is at the following coordinates 35.00639, -75.40889.
[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.

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15 CFR 922.62

§ 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 (nmi2) (1,470 sq. mi.) of coastal and ocean waters, and the submerged lands thereunder, off the
southern coast of California. The Sanctuary boundary begins at the Mean High Water Line of and extends seaward
to a distance of approximately six nmi from the following islands and offshore rocks: San Miguel Island, Santa Cruz
Island, Santa Rosa Island, Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle Rock (the Islands).
The seaward boundary coordinates are listed in appendix A to this subpart.
[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 means a vessel, usually less than 16 feet in length, which uses an inboard,
internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel is
intended to be operated by a person or persons sitting, standing or kneeling on the vessel, rather than
within the confines of the hull. The length is measured from end to end over the deck excluding sheer,
meaning a straight line measurement of the overall length from the foremost part of the vessel to the
aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard
motor brackets, and similar fittings or attachments, are not included in the measurement. Length is stated
in feet and inches.
Oceangoing ship means a private, commercial, government, or military vessel of 300 gross registered tons or
more, not including cruise ships.

15 CFR 922.71 “Oceangoing ship” (enhanced display)

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15 CFR 922.71 “Pelagic finfish”

Pelagic finfish are defined as: Northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes
(family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel
(Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific
sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako
shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family
Scombridae), and yellowtail (Seriola lalandi).
Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by being
securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, or partially
disassembled (such as spear shafts being kept separate from spear guns).
[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. Vessel
operators must lock all marine sanitation devices in a manner that prevents discharge or
deposit of untreated sewage;
(C) Biodegradable matter from:
(1) Vessel deck wash down;
(2) Vessel engine cooling water;
(3) Graywater from a vessel less than 300 gross registered tons;
(4) Graywater from an oceangoing ship without sufficient holding tank capacity to hold
graywater while within the Sanctuary;
(D) Vessel engine or generator exhaust;

15 CFR 922.72(a)(3)(i)(D) (enhanced display)

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15 CFR 922.72(a)(3)(i)(E)

(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.,
Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as
amended, (MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the
MMPA, ESA, or MBTA.
(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.
15 CFR 922.72(a)(11) (enhanced display)

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15 CFR 922.72(a)(12)

(12) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except
striped bass (Morone saxatilis) released during catch and release fishing activity.
(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., relevant to a Sanctuary resource or quality;

(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.
15 CFR 922.72(e) (enhanced display)

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15 CFR 922.73

[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. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), the following
activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within a
marine reserve described in appendix B to this subpart, except as specified in paragraphs (b) through (e)
of § 922.72:
(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. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), the
following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted
within the marine conservation area described in appendix C to this subpart, except as specified in
paragraphs (b) through (e) of § 922.72:
(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]

15 CFR 922.74(b) (enhanced display)

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15 CFR 922.74(b)

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

15 CFR 922.74(b) (enhanced display)

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Point

15 CFR 922.74(b)

Latitude (N)

Longitude (W)

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

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Point

15 CFR 922.74(b)

Latitude (N)

Longitude (W)

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

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Point
113

15 CFR 922.74(b)

Latitude (N)

Longitude (W)

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.
15 CFR 922.74(b) (enhanced display)

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15 CFR 922.74(b)

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
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15 CFR 922.74(b)

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

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Point
5

15 CFR 922.74(b)

Latitude

Longitude

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.

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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]
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15 CFR 922.80

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 (nmi2) (3,295 sq. mi.) of coastal and ocean waters, and submerged lands
thereunder, surrounding the Farallon Islands and Noonday Rock along the northern coast of California.
The precise boundary coordinates are listed in appendix A to this subpart.
(b) The western boundary of the Sanctuary extends south from Point 1 approximately 45 nautical miles (52
miles) to Point 2, which is the northwestern corner of Cordell Bank National Marine Sanctuary (CBNMS).
The Sanctuary boundary then extends from Point 2 approximately 38 nautical miles (43 miles) east along
the northern boundary of CBNMS to Point 3, which is approximately 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
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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]

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15 CFR 922.81

§ 922.81 Definitions.
In addition to those definitions found at § 922.11, the following definitions apply to this subpart:
Motorized personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its
primary source of motive power and which is designed to be operated by a person sitting, standing, or
kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.
Routine maintenance means customary and standard procedures for maintaining docks or piers.
Special Wildlife Protection Zones are areas surrounding or adjacent to high abundance of white sharks, breeding
pinnipeds (seals and sea lions) or high abundance and high biological diversity of breeding birds that are
susceptible to human caused disturbance, including federally listed and specially protected species.
Coordinates for Special Wildlife Protection Zones are found in appendix C of this Subpart.
[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

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15 CFR 922.82(a)(3)

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., Endangered
Species Act (ESA), as amended, 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as amended,
(MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the MMPA, ESA, or
MBTA.
(8) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine
mammal, sea turtle, or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation,
as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law
enforcement purposes.
(9) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a
Sanctuary historical resource.
(10) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except:
(i)

Striped bass (Morone saxatilis) released during catch and release fishing activity; or

(ii) Species cultivated by 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.
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15 CFR 922.82(a)(11)

(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.

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15 CFR 922.83(b)

(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.
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15 CFR 922.84(h)

(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

NOTE: 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.

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Point ID No.

15 CFR 922.85

Latitude

Longitude

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: 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 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.
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15 CFR Appendix-B-to-Subpart-H-of-Part-922(1)

(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
ID No.

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
ID No.

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

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

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Zone 2 Point
ID No.
8

15 CFR Appendix-B-to-Subpart-H-of-Part-922(3)

Latitude
38.13326

Longitude
−122.87178

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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

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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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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

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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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

Latitude

Longitude

1

38.14103

−122.89537

2

38.13919

−122.89391

3*

38.13804

−122.89610

4*

38.14033

−122.89683

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

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Zone 6 Point
ID No.
5

15 CFR Appendix-B-to-Subpart-H-of-Part-922(7)

Latitude
38.14103

Longitude
−122.89537

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

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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
ID No. Tomales Bay
Boundary

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
ID No.

Latitude

Longitude

1

38.80865

−123.63227

2

38.74096

−123.54306

3*

38.74096

−123.51051

4*

38.80865

−123.60195

5

38.80865

−123.63227

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
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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
ID No.

Latitude

Longitude

1

38.49854

−123.26804

2

38.45095

−123.18564

3

38.39311

−123.12068

4*

38.39311

−123.09527

5*

38.52487

−123.26804

6

38.49854

−123.26804

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

Latitude

Longitude

1

38.24001

−123.02963

2

38.19249

−122.99523

3*

38.21544

−122.95286

4*

38.27011

−122.97840

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

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Zone 3 Point
ID No.
5

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Latitude
38.24001

Longitude
−123.02963

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

Latitude

Longitude

1

38.01475

−123.05013

2

37.97536

−123.05482

3

37.96521

−122.93771

4

38.00555

−122.93504

5

38.01475

−123.05013

(5) Special Wildlife Protection Zone 5 (SWPZ 5) encompasses an area of approximately 14.8 square nautical
miles (19.6 square miles). The precise boundary coordinates are listed in the table following this
description. The western boundary of SWPZ 5 extends south and east from Point 1, near Millers Point in
Marin County, to Point 2, which is south and west of Bolinas Point. The 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

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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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

Latitude

Longitude

1

37.72976

−123.00961

2

37.69697

−123.04374

3

37.66944

−123.00176

4

37.70246

−122.96608

5

37.72976

−123.00961

(7) Special Wildlife Protection Zone 7 (SWPZ 7) encompasses an area of approximately 6 square nautical
miles (7.9 square miles) 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

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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
ID No.

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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
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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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

Latitude

Longitude

1

38.24496

−123.05698

2

38.16758

−123.00179

3*

38.21170

−122.92566

4*

38.28215

−122.99278

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

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Zone 3 Point
ID No.
5

15 CFR Appendix-E-to-Subpart-H-of-Part-922(4)

Latitude
38.24496

Longitude
−123.05698

NOTE: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

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

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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
ID No.

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: The coordinates in the table above marked with an asterisk (*) are not a part of the zone
boundary. These coordinates are landward reference points used to draw a line segment that
intersects with the shoreline.

(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
ID No.

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

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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
ID No.

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
ID No.

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

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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
ID No.

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 vs. California, 135 S. Ct. 563 (2014)). The boundary then extends northward following the fixed offshore
boundary between the United States and California until it intersects the line segment formed between Point 6 and
Point 7. From this intersection, the boundary extends west along the northern boundary of Greater Farallones
National Marine Sanctuary to Point 7 where it ends.

Point No.

Latitude

Longitude

1

39.00000

−124.33350

2

38.29989

−123.99988

3

38.29989

−123.20005

4

38.26390

−123.18138

51

38.29896

−123.05989

61

39.00000

−123.75777

1

These coordinates are not a part of the boundary for the Designated Area for Certain United States
Coast Guard Discharges. These coordinates are reference points used to draw line segments that
intersect with the fixed offshore boundary between the United States and California.

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Point No.

15 CFR 922.90

Latitude

7

Longitude
39.00000

−124.33350

1

These coordinates are not a part of the boundary for the Designated Area for Certain United States
Coast Guard Discharges. These coordinates are reference points used to draw line segments that
intersect with the fixed offshore boundary between the United States and California.

[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
(nmi2) (22 sq. mi.) of ocean waters and the submerged lands thereunder, off the coast of Georgia. The Sanctuary
boundary includes all waters and submerged lands within the geodetic lines connecting the following coordinates
beginning at Point 1 and continuing to each subsequent point in numerical order ending at Point 5. (Coordinates
listed are unprojected (geographic) and based on the North American Datum of 1983.):

TABLE 1 TO § 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 means fishing gear that is set and pulled by hand and consists of one vertical line to which may be
attached leader lines with hooks.

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15 CFR 922.91 “Rod and reel”

Rod and reel means a rod and reel unit that is not attached to a vessel, or, if attached, is readily removable, from
which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel
manually or electrically.
Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by being
securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, partially disassembled,
or stowed for transit.
[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″) line and shall be removed from the Sanctuary within twelve (12)
hours of deployment. Any weighted marker buoy that is not continuously tended may be removed by
the Assistant Administrator or designee or an authorized officer, without notice.
(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.
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15 CFR 922.92(a)(7)

(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.

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15 CFR 922.94(a)

(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
Latitude
(north, in degrees)

Point ID

Longitude
(west, in degrees)

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]

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15 CFR 922.100

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 nmi2 (13,581 sq. mi.).
(a) Fagatele Bay Unit. The Fagatele Bay unit is a coastal embayment formed by a collapsed volcanic crater on
the island of Tutuila, Territory of American Samoa, and includes Fagatele Bay in its entirety. The landward
boundary is defined by the mean high high water line of Fagatele Bay until the point at which it intersects
the seaward boundary of the Sanctuary as defined by a straight line between Fagatele Point (−14.36527,
−170.76932) and Steps Point (−14.37291, −170.76056) from the point at which it intersects the mean
high high water line seaward.
(b) Fagalua/Fogama'a Unit. The landward boundary of the Fagalua/Fogama'a Unit is defined by the mean
higher high water line of Fagalua/Fogama'a until the point at which it intersects the seaward boundary of
the Fagalua/Fogama'a Unit as defined by a straight line between Steps Point (−14.37307, −170.75852)
and Sail Rock Point (−14.36534, −170.74119) from the point at which it intersects the mean higher high
water line seaward.
(c) Aunu'u Unit. The Aunu'u Unit is comprised of two adjacent zones.
(1) Zone A. The Aunu'u Unit boundary for Zone A is defined by the coordinates provided in Table 1 and
the following textual description. The Zone A boundary extends from Point 1, the northwest corner of
the unit, southward to Point 2 along a straight line following the western boundary of the unit, which
is aligned with Taugamalama Point on Tutuila. It then extends northeastward in a multi-part line
along the deepest seaward edge of Nafanua Bank from Point 2 to Point 3 and then to Point 4, which
lies on the southern boundary of Zone B. The boundary then follows a straight line westward
towards Point 5 until it intersects the mean higher high water line at the southern tip of Ma'ama'a
Cove. The landward boundary of Zone A is defined by the mean higher high water line from this
intersection point at the southern tip of Ma'ama'a Cove to the intersection of the mean higher high
water line and the straight line between Point 6 and Point 7 at Salevatia Point. From this intersection
point at Salevatia Point, the boundary extends straight west to Point 7, which has the exact same
coordinates as Point 1.

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(2) Zone B. The Aunu'u Unit boundary for Zone B is defined by the coordinates provided in Table 2 and
the following textual description. The Zone B boundary extends from Point 1, the northeast corner of
the unit, southward along a straight line following the eastern boundary of the unit to Point 2, which
is on the southern boundary of the unit. The southern boundary then follows a line westward
towards Point 3 until it intersects the mean higher high water line at the southern tip of Ma'ama'a
Cove Point. The landward boundary of Zone B is defined by the mean higher high water line from this
intersection point at the southern tip of Ma'ama'a Cove around the volcanic crater to the intersection
of the mean higher high water line and the straight line between Point 4 and Point 5. From here, the
boundary extends seaward straight north to Point 5. The northern border, the last straight line, is
defined by connecting Point 5 and Point 6, along the northern boundary of the unit, which is aligned
with Matuli Point on Tutuila. Point 6 has the exact same coordinates at Point 1.
(d) Swains Island Unit. The Swains Island Unit boundary is defined by the coordinates in Table 3 and the
following textual description. The seaward boundary of the Swains Island Unit approximates the three
nautical mile territorial sea boundary from the mean higher high water line (shoreline) of the island. The
seaward boundary begins south of the island at Point 1 and continues initially to the west in sequential
order clockwise around the island to Point 33. The landward boundary of the Swains Island Unit is the
mean higher high water line and begins on the northern shoreline of the island and follows the shoreline
counterclockwise initially to the west until it intersects the line segment between Point 34 and 35. From
this intersection the boundary continues offshore to the northwest to Point 35 and then to Point 36 and
Point 37. From Point 37 the boundary continues east-northeast towards Point 38 until it intersects the
shoreline. From this intersection the boundary follows the shoreline southeast around the southernmost
part of the island and then to the northeast until it intersects the line segment between Point 39 and Point
40. From this intersection the boundary continues offshore to the southeast to Point 40 and then to the
northeast to Point 41. From Point 41 the boundary continues to the northwest towards Point 42 until it
intersects the shoreline. From this intersection the boundary follows the shoreline initially to the northeast
around the island counterclockwise and then to the northwest back to where it began on the northern
shoreline.
(e) Muliāva Unit. The Muliāva Unit boundary is defined by the coordinates provided in Table 4 and the
following textual description. The landward boundary of the Muliāva Unit is the extreme low water line,
which adjoins the boundary of the Rose Atoll National Wildlife Refuge. The Muliāva Unit seaward
boundary extends from Point 1, the southwest corner of the unit, to Point 2 along a straight line northward
following the western boundary of the unit. From Point 2, the line extends in a straight line westward to
Point 3. It then extends along a straight line northward to Point 4. From Point 4, the line extends in a
straight line eastward to Point 5. From Point 5, the line extends along a straight line northward to Point 6.
It then extends along a straight line eastward from Point 6 to Point 7, which is on the eastern boundary of
the unit. The boundary then follows a straight line southward until it intersects the line of the southern
boundary of the unit at Point 8, the southeastern corner of the unit. The last straight line is defined by
connecting Point 8 and Point 9, which has the exact same coordinates as Point 1, along the southern
boundary of the unit.
(f) Ta'u Unit. The Ta'u Unit boundary is defined by the coordinates provided in Table 5 and the following
textual description. The Ta'u Unit boundary extends from Point 1, Vaita Point, along the mean higher high
water line southward along the western coast to Point 2, Si'ufa'alele Point. From Point 2, the boundary
extends offshore 0.25 miles to Point 3 to become conterminous with the offshore boundary of the
National Park of American Samoa. From Point 3 the boundary continues to follow the coastline 0.25 miles
offshore until it reaches Point 4, which is directly south of Si'u Point. From Point 4, the boundary extends

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15 CFR 922.102

due south to Point 5. From Point 5, the boundary extends due west to Point 6, forming the southern border
of the unit. From Point 6, the boundary extends due north until it reaches Point 7, directly west and one
mile offshore from Point 8, which is Point 1, also known as Vaita Point.
[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 means any Coral, basalt rock, or other natural structure with any living organisms growing in or on the
Coral, basalt rock, or structure.
Stowed and not available for immediate use means not readily accessible for immediate use, e.g., by being
securely covered and lashed to a deck or bulkhead, tied down, unbaited, unloaded, or partially
disassembled (such as spear shafts being kept separate from spear guns).
[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.
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15 CFR 922.103(a)(12)

(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.,
Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as
amended, (MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the
MMPA, ESA, or MBTA.
(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.], live coral, bottom formation including live rock and crustose coralline algae.
(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.
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15 CFR 922.105

§ 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.

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15 CFR 922.107

§ 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
Latitude
(south)

Point ID

Longitude
(west)

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

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Latitude
(south)

Point ID
7

15 CFR 922.107(b)

−14.286

Longitude
(west)
−170.577

TABLE 2—COORDINATES FOR THE AUNU'U UNIT, ZONE B
Latitude
(south)

Point ID

Longitude
(west)

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
Latitude
(south)

Point ID

Longitude
(west)

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

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15 CFR 922.107(b)

Latitude
(south)

Point ID

Longitude
(west)

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

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15 CFR Appendix-to-Subpart-J-of-Part-922(f)

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
Latitude
(south)

Point ID

Longitude
(west)

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
Latitude
(south)

Point ID

Longitude
(west)

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]

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15 CFR 922.110

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 (nmi2) (1,286 sq. mi.) of offshore ocean waters, and submerged lands thereunder,
surrounding the submarine plateau known as Cordell Bank along the northern coast of California, approximately 45
nautical miles west-northwest of San Francisco, California. The precise boundary coordinates are listed in appendix
A to this subpart. The northern boundary of the Sanctuary is a rhumb line that begins approximately 6 nautical miles
(7 miles) west of Bodega Head in Sonoma County, California at Point 1 and extends west approximately 38 nautical
miles (44 miles) to Point 2. This line is part of a shared boundary between the Sanctuary and Greater Farallones
National Marine Sanctuary (GFNMS). The western boundary of the Sanctuary extends south from Point 2
approximately 34 nautical miles (39 miles) to Point 3. From Point 3 the Sanctuary boundary continues east 15
nautical miles (17 miles) to Point 4 where it intersects the GFNMS boundary again. The line from Point 3 to Point 4
forms the southernmost boundary of the Sanctuary. The eastern boundary of the Sanctuary is a series of straight
lines connecting Points 4 through 20 in numerical sequence. The Sanctuary is coterminous with GFNMS along both
its (the Sanctuary's) eastern and northern boundaries.
[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;

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15 CFR 922.112(a)(2)(i)(D)

(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.

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15 CFR 922.112(a)(5)

(5) Taking any marine mammal, sea turtle, or bird within or above the Sanctuary, except as authorized by
the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered
Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as amended,
(MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the MMPA, ESA, or
MBTA.
(6) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine
mammal, sea turtle or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation,
as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law
enforcement purposes.
(7) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a
Sanctuary historical resource.
(8) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except
striped bass (Morone saxatilis) released during catch and release fishing activity.
(9) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of
seized property in connection with enforcement of the Act or any regulation or permit issued under
the Act.
(b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an
emergency threatening life, property or the environment, 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.

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15 CFR 922.113(b)

[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
ID No.

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

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15 CFR 922.113(b)

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
ID No.

Latitude

Longitude

1

37.96034

−123.40371

2

37.96172

−123.42081

3

37.9911

−123.44379

4

38.00406

−123.46443

5

38.01637

−123.46076

6

38.04684

−123.47920

7

38.07106

−123.48754

8

38.07588

−123.47195

9

38.06451

−123.46146

10

38.07123

−123.44467

11

38.04446

−123.40286

12

38.01442

−123.38588

13

37.98859

−123.37533

14

37.97071

−123.38605

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).

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15 CFR 922.113(b)

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

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Point No.

15 CFR 922.120

Latitude

Longitude

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 Mexico. 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]

§ 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 means to, or attempt to touch, handle, ride, pursue, chase away, hunt,
restrain, detain (no matter how temporarily), capture, collect, or conduct any other activity that disrupts or
has the potential to disrupt any ray or whale shark in the Sanctuary by any means. Notwithstanding the
above, the mere presence of human beings (e.g., swimmers, divers, boaters, kayakers) is exempted from
this definition.
Harmful matter means any substance, or combination of substances, that because of its quantity, concentration,
or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary
resources or qualities, including but not limited to: Fishing nets, fishing line, hooks, fuel, oil, and those
contaminants (regardless of quantity) listed at 40 CFR 302.4 pursuant to 42 U.S.C. 9601(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended.
No-activity zone (applicable only to oil and gas industry activities) means the geographic areas delineated by the
Department of the Interior in Topographic Features Stipulations for Outer Continental Shelf (OCS) lease
sales as defined by a bathymetric contour (isobath) ranging from 55-85m in depth, with the exception of
Stetson Bank (52m) and East and West Flower Garden Banks (100m). The Notice to Lessees (NTL) No.
2009-G39 provides and consolidates guidance for the avoidance and protection of biologically sensitive
features and areas (i.e. topographic features, pinnacles, live bottoms (low relief features)) and other
potentially sensitive biological features (PSBFs) when conducting operations in water depths shallower
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National Marine Sanctuary Program Regulations

15 CFR 922.122

than 980 feet (300 meters) in the Gulf of Mexico. NTL 2009-G39 remains in effect pursuant to NTL No.
2015-N02. The no-activity zones are based on depth contours as noted for the following Banks: Stetson
Bank (52 meters), MacNeil Bank (82 meters), Rankin Banks (including 28 Fathom Bank) (85 meters),
Bright Bank (85 meters), Geyer Bank (85 meters), Elvers Bank (85 meters), McGrail Bank (85 meters),
Bouma Bank (85 meters), Rezak Bank (85 meters), Sidner Bank (85 meters), Sonnier Bank (55 meters),
Alderdice Bank (80 meters), and Parker Bank (85 meters). For East and West Flower Garden Banks, the
no-activity zones are based on the “ 1⁄41⁄41⁄4” aliquot system formerly used by the Department of the
Interior, a method that delineates a specific portion of a block rather than the actual underlying isobath.
The precise aliquot part description of these areas around East and West Flower Garden Banks are
provided in appendix A of this subpart.
[77 FR 25068, Apr. 27, 2012, as amended at 86 FR 4953, Jan. 19, 2021; 88 FR 967, Jan. 6, 2023]

§ 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 Mexico.
(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;

15 CFR 922.122(a)(3)(i)(C) (enhanced display)

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15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

15 CFR 922.122(a)(3)(i)(D)

(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., and the Endangered Species Act, as amended, 16 U.S.C. 1531 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)

15 CFR 922.122(e) (enhanced display)

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15 CFR 922.122(e)(1)

(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]

§ 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]
15 CFR 922.123(b) (enhanced display)

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15 CFR 922.123(b)

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

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15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

Point ID No.

Polygon ID No.

15 CFR 922.123(b)

Bank(s)

Latitude

Longitude

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

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15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

Point ID No.

Polygon ID No.

15 CFR 922.123(b)

Bank(s)

Latitude

Longitude

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

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15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

Point ID No.

Polygon ID No.

15 CFR 922.123(b)

Bank(s)

Latitude

Longitude

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

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15 CFR Part 922 (up to date as of 10/16/2024)
National Marine Sanctuary Program Regulations

Point ID No.

Polygon ID No.

15 CFR 922.123(b)

Bank(s)

Latitude

Longitude

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

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Point ID No.

Polygon ID No.

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Bank(s)

Latitude

Longitude

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

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Point ID No.

Polygon ID No.

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Bank(s)

Latitude

Longitude

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

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Point ID No.
18

Polygon ID No.
16

15 CFR 922.123(b)

Bank(s)
Alderdice Bank

Latitude

Longitude

28.09726

−91.99328

[86 FR 4954, Jan. 19, 2021]

Appendix B to Subpart L of Part 922—Flower Garden Banks National Marine Sanctuary—Terms
of Designation

Preamble
Under the authority of title III of the Marine Protection, Research, and Sanctuaries Act, as amended (“the Act”), 16
U.S.C. 1431 et seq., 19 separate unique polygon areas of ocean waters and the submerged lands thereunder, along
the continental shelf and shelf edge in the northwestern Gulf of Mexico, as described in Article II, are hereby
designated as Flower Garden Banks National Marine Sanctuary for the purposes of protecting and managing the
conservation, ecological, recreation, research, education, historic and aesthetic resources and qualities of these
areas.

Article I—Effect of Designation
The Act authorizes the Secretary of Commerce to issue such final regulations as are necessary and reasonable to
implement the designation, including managing and protecting the conservation, recreational, ecological, historical,
research, educational, and esthetic resources and qualities of a sanctuary. Section 1 of Article IV of this Designation
Document lists those activities that may be regulated on the effective date of designation or at some later date in
order to protect Sanctuary resources and qualities. Thus, the act of designation empowers the Secretary of
Commerce to regulate the activities listed in Section 1. Listing does not necessarily mean that an activity 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 designation was made.

Article II—Description of the Area
The Flower Garden Banks National Marine Sanctuary (Sanctuary) boundary encompasses a total area of
approximately 121 square nautical miles (160 square miles) of offshore ocean waters, and submerged lands
thereunder, along the continental shelf and shelf edge in the northwestern Gulf of Mexico. The entire sanctuary
boundary is composed of 19 unique polygons. The precise boundary coordinates for each polygon are listed in
appendix A to this subpart.
The sanctuary boundary for Polygon 1 begins at Point 1 and continues in numerical order to Point 13 and contains
the submerged feature of Stetson Bank with an area of approximately 1.1 square nautical miles (1.5 square miles),
located approximately 71 nautical miles (82 miles) south-southeast of Galveston, Texas. The sanctuary boundary
for Polygon 2 begins at Point 1 and continues in numerical order to Point 14 and contains the submerged feature of
West Flower Garden Bank with an area of approximately 28.0 square nautical miles (37.1 square miles), located
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approximately 97 nautical miles (111 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 3
begins at Point 1 and continues in numerical order to Point 16 and contains the submerged feature of Horseshoe
Bank with an area of approximately 21.7 square nautical miles (28.7 square miles), located approximately 102
nautical miles (117 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 4 begins at Point 1
and continues in numerical order to Point 12 and contains the submerged feature of East Flower Garden Bank with
an area of approximately 21.0 square nautical miles (27.8 square miles), located approximately 101 nautical miles
(116 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 5 begins at Point 1 and continues in
numerical order to Point 12 and contains the submerged feature of MacNeil Bank with an area of approximately 2.1
square nautical miles (2.7 square miles), located approximately 103 nautical miles (118 miles) southeast of
Galveston, Texas. The sanctuary boundary for Polygon 6 begins at Point 1 and continues in numerical order to Point
21 and contains the submerged features of Rankin Bank and 28 Fathom Bank with an area of approximately 4.2
square nautical miles (5.6 square miles), located approximately 109 nautical miles (126 miles) southeast of
Galveston, Texas. The sanctuary boundary for Polygon 7 begins at Point 1 and continues in numerical order to Point
13 and contains the submerged features of Bright Bank with an area of approximately 5.8 square nautical miles (7.6
square miles), located approximately 115 nautical miles (133 miles) southeast of Galveston, Texas. The sanctuary
boundary for Polygon 8 begins at Point 1 and continues in numerical order to Point 15 and contains the submerged
feature of Geyer Bank within an area of approximately 8.7 square nautical miles (11.5 square miles), located
approximately 126 nautical miles (145 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon
9A begins at Point 1 and continues in numerical order to Point 16 and contains part of the submerged feature of
Elvers Bank within an area of approximately 3.3 square nautical miles (4.4 square miles), located approximately 134
nautical miles (154 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 9B begins at Point 1
and continues in numerical order to Point 7 and also contains part of the submerged feature of Elvers Bank within
an area of approximately 0.1 square nautical miles (0.2 square miles), located approximately 133 nautical miles
(153 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 10A begins at Point 1 and
continues in numerical order to Point 16 and contains part of the submerged feature of McGrail Bank with an area
of approximately 3.4 square nautical miles (4.5 square miles), located approximately 142 nautical miles (163 miles)
southeast of Galveston, Texas. The sanctuary boundary for Polygon 10B begins at Point 1 and continues in
numerical order to Point 8 and also contains part of the submerged feature of McGrail Bank with an area of
approximately 0.1 square nautical miles (0.2 square miles), located approximately 146 nautical miles (168 miles)
southeast of Galveston, Texas. The sanctuary boundary for Polygon 11 begins at Point 1 and continues in numerical
order to Point 23 and contains the submerged feature of Bouma Bank with an area of approximately 5.8 square
nautical miles (7.7 square miles), located approximately 145 nautical miles (167 miles) southeast of Galveston,
Texas. The sanctuary boundary for Polygon 12 begins at Point 1 and continues in numerical order to Point 18 and
contains the submerged feature of Sonnier Bank with an area of approximately 2.3 square nautical miles (3.1
square miles), located approximately 138 nautical miles (159 miles) east-southeast of Galveston, Texas. The
sanctuary boundary for Polygon 13 begins at Point 1 and continues in numerical order to Point 12 and contains the
submerged feature of Rezak Bank with an area of approximately 2.8 square nautical miles (3.7 square miles),
located approximately 151 nautical miles (174 miles) southeast of Galveston, Texas. The sanctuary boundary for
Polygon 14 begins at Point 1 and continues in numerical order to Point 9 and contains the submerged feature of
Sidner Bank with an area of approximately 1.5 square nautical miles (2.0 square miles), located approximately 153
nautical miles (177 miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 15A begins at Point
1 and continues in numerical order to Point 14 and contains part of the submerged feature of Parker Bank within an
area of approximately 5.2 square nautical miles (6.8 square miles), located approximately 168 nautical miles (194
miles) southeast of Galveston, Texas. The sanctuary boundary for Polygon 15B begins at Point 1 and continues in
numerical order to Point 8 and also contains part of the submerged feature of Parker Bank within an area of
approximately 0.1 square nautical miles (0.2 square miles), located approximately 171 nautical miles (197 miles)
southeast of Galveston, Texas. The sanctuary boundary for Polygon 16 begins at Point 1 and continues in numerical
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order to Point 18 and contains the submerged feature of Alderdice Bank within an area of approximately 3.8 square
nautical miles (5.0 square miles), located approximately 166 nautical miles (191 miles) east-southeast of Galveston,
Texas.

Article III—Characteristics of Area That Give it Particular Value
The Sanctuary contains a series of underwater features located along the edge of the continental shelf in the
northwestern Gulf of Mexico. These features are of interest from both a geological and biological perspective.
Formed primarily as the result of the movement of underlying salt deposits (also called salt domes or salt diapirs),
and bathed by waters of tropical origin, they contain important geological features, biological habitats and other
marine resources of national significance. They contain highly productive marine ecosystems that support a variety
of fish and invertebrate communities of biological and economic importance.
The reefs and banks of the northwestern Gulf of Mexico are structurally complex and contain a range of marine
habitats, including coral reefs, coralline algal reefs, algal nodule beds, mesophotic and deepwater reefs, and soft
bottom communities. The composition, diversity and vertical distribution of benthic communities on the banks are
strongly influenced by the physical environment, including water temperature, turbidity and current regime.
Geological features of interest include brine seeps, exposed basalt, methane seeps, and mud volcanoes. East and
West Flower Garden Banks, the most well-known of the features, sustain the northernmost living coral reefs on the
U.S. continental shelf, considered among the healthiest coral reefs in the Caribbean and Western Atlantic region. A
deeper water coral reef also exists at McGrail Bank, consisting primarily of large colonies of blushing star coral
(Stephanocoenia intersepta) at depths between 140 and 160 feet. These coral reefs are isolated from other reef
systems by over 300 nautical miles (342 miles) and exist under hydrographic conditions generally near the northern
limit for tropical reef formation. Several other banks, including Stetson, Sonnier, Geyer, and Bright Banks, contain
various combinations of non-reef building coral species known collectively as coral communities, comprised of
sponges, stony corals, fire coral, leafy algae and coralline algae. The deeper portions of the banks host thriving middepth (or “mesophotic”) coral habitats characterized by the presence of both light-dependent and deepwater corals,
including black corals, gorgonian corals, and associated organisms. Biological communities are distributed among
several interrelated biotic zones, including a coralline algae zone, deep reef rocky outcrops, and soft bottom
communities. The complex and biologically productive ecological communities of the banks offer a combination of
aesthetic appeal and recreational and research opportunity matched in few other ocean areas.
The following are qualitative descriptions of the individual reefs and banks within the Sanctuary; specific boundary
coordinates can be found in appendix A to this subpart.

a. Stetson Bank, Depth Range 56ft-194ft
Boundaries encompass a claystone/siltstone ring feature of mesophotic coral habitat revealed by high
resolution multibeam bathymetric surveys, and subsequently ground-truthed by remotely operated vehicle
surveys. These features are surface expressions of the salt dome associated with the feature, and provide
habitat for sponges, gorgonians, stony branching corals, black corals, and associated fish and mobile
invertebrates.

b. West Flower Garden Bank, Depth Range 59ft-545ft

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Boundaries encompass mesophotic coral patch reefs to the north, southwest, and east of the existing
sanctuary. These reefs provide coralline algae reef habitat for black corals, gorgonians, stony branching
corals, and associated fish and mobile invertebrates.

c. East Flower Garden Bank, Depth Range 52ft-446ft
Boundaries to encompass mesophotic coral patch reefs to the north and southeast of the existing
sanctuary. These reefs provide deep coral habitat for dense populations of black corals, gorgonians, stony
branching corals, and associated fish and mobile invertebrates.

d. Horseshoe Bank, Depth Range 243ft-614ft
Extensive deepwater habitat and coralline algae reefs in the form of hundreds of patchy outcroppings
covering an area of approximately 1.9 miles (3km) wide and having 16.4-49.2ft (5-15m) of relief above the
seafloor, with dense assemblages of mesophotic black coral, gorgonians, stony branching corals,
sponges, algae invertebrates, and fish; several conical-shaped mud volcanoes clustered near the center of
the feature, with one rising 328ft (100m) above the sea floor.

e. MacNeil Bank, Depth Range 210ft-315ft
Deep reef bedrock outcrops and coralline algae patch reefs harboring populations of black corals and
gorgonians, sponges, fish, and mobile invertebrates.

f. Rankin/28 Fathom Banks, Depth Range 164ft-571ft
Rankin Bank is just north of 28 Fathom Bank, and separated from it by a long trough, approximately
1,640-foot (500 m) wide, approximately 6,070-foot (1,850 m) which extends to a depth of approximately
570ft (174 m). The boundaries encompass the shallowest portions of Rankin and 28 Fathom Banks,
which harbor coral algae reefs and deep coral reefs with populations of gorgonians, black corals,
sponges, and associated fish and mobile invertebrates.

g. Bright Bank, Depth Range 112ft-384ft
Bright Bank previously harbored a coral reef on the very shallowest portions of the bank, which sustained
extensive damage from salvage and mining activities employing dynamite for excavation activities. The
cap is now considered a coral community, and in spite of these impacts, nine species of shallow water
scleractinian corals survive, along with two deeper water species. The feature also harbors extensive
coralline algae reefs, providing habitat for populations of gorgonians, black corals, sponges, and
associated fish and mobile invertebrates.

h. Geyer Bank, Depth Range 128ft-722ft

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Geyer Bank is a broad, relatively flat fault-bounded structure situated on an active salt diaper. This feature
supports a coral community, as well as extensive coralline algae reefs and fields of algal nodules
including dense fields of macro-algae, black corals, gorgonians, sponges, and associated fish and mobile
invertebrates. Seasonal spawning aggregations of fish are associated with this bank, including enormous
numbers of reef butterflyfish.

i. Elvers Bank, Depth Range 213ft-686ft
Two discreet polygons have been developed to protect portions of Elvers Bank: A larger polygon
encompassing 4.43 square miles on the south side of the feature, and a small polygon, encompassing
0.19 square miles on the north side of the feature. The shallow areas of the bank feature coralline algae
reefs and algal nodule fields, and the deeper areas in the southern polygon harbor large deep reef
outcroppings, both providing habitat for black corals, gorgonians, sponges, and associated fish and
mobile invertebrates. The deep reefs also harbor glass sponge fields, a feature not documented in any
other areas of the sanctuary, as well as a previously undescribed species of black coral.

j. McGrail Bank, Depth Range 144ft-512ft
Two discreet polygons have been developed to protect portions of McGrail Bank: A larger claw shaped
polygon reaching from northwest to southeast, encompassing 4.54 square miles, and a smaller polygon,
encompassing 0.17 square miles, situated on the southeast of the feature that wraps around a conical
shaped mound. This bank features unique areas of coral reefs dominated by large colonies of the
blushing star coral, Stephanocoenia intersepta, with 28% live coral cover in discrete areas (no other known
coral reef is dominated by this species). Pinnacles varying in diameter from ∼80 to 395 feet (24-120 m)
and as tall as ∼25 feet (8 m) are found on the southwest rim of the main feature, along east- and
southeast-trending scarps leading away from the bank and in concentric fields to the south and southeast
of the bank. A significant portion of the depth zone between 145 and 170 feet is dominated by coral
colonies up to 5 feet tall, covering an area of approximately 37 acres. At least 14 species of stony corals
have been recorded. Deeper portions of this site harbor mesophotic coral habitat for deep coral, coralline
algae reefs, and fields of algal nodules. Dense populations of black corals, gorgonians, macro-algae fields,
and associated fish and mobile invertebrates are present.

k. Sonnier Bank, Depth Range 62ft-210ft
Sonnier Bank consists of a series of isolated clusters of pinnacles comprised of uplifted siltstone and
claystone, that rise mostly around the perimeter of a single, roughly circular ring 1.9 miles (3.2km) in
diameter. Two peaks are accessible and popular with recreational scuba divers. The peaks are dominated
by coral communities featuring fire coral, sponges, and algae. The deeper portions of the feature are fairly
heavily silted, but provide habitat for black corals, gorgonians, and associated fish and mobile
invertebrates.

l. Bouma Bank, Depth Range 187ft-322ft

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Bouma Bank is dominated by coralline algae reefs and algal nodule fields, providing habitat for
populations of black corals, gorgonians, algae, branching stony coral, clusters of cup coral, and
associated fish and mobile invertebrates.

m. Rezak Bank, Depth Range 197ft-430ft
Rezak Bank is dominated by coralline algae reefs and extensive algal nodule fields, providing habitat for
populations of black corals, gorgonians, algae, and associated fish and mobile invertebrates.

n. Sidner Bank, Depth Range 190ft-420ft
Dominated by coralline algae reefs and extensive algal nodule fields providing habitat for populations of
black corals, gorgonians, algae, sponges, and associated fish and mobile invertebrates.

o. Alderdice Bank, Depth Range 200ft-322ft
This feature includes spectacular basalt outcrops of Late Cretaceous origin (approximately 77 million
years old) representing the oldest rock exposed on the continental shelf offshore of Louisiana and Texas.
The outcrops at Alderdice Bank bear diverse, extremely dense assemblages of gorgonians and black
corals, sponges, and swarms of reef fish. Mesophotic coralline algae reef habitats below the spires, silted
over in areas, provide habitat for dense populations of black corals, gorgonians, sponges, branching stony
corals, fields of macro-algae, and associated fish and mobile invertebrates.

p. Parker Bank, Depth Range 187ft-387ft
Two discreet polygons have been developed to protect portions of Parker Bank. A larger polygon
bounding the central portion of the features, encompassing 6.82 square miles, and a smaller polygon to
the east, encompassing 0.14 square miles. These boundaries protect the shallowest portions of the bank,
which harbor coralline algae reefs and algal nodule fields and support populations of plating stony corals,
black corals, gorgonians, sponges, macro-algae, and associated fish and mobile invertebrates.

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 conservation, recreational, ecological, historical, research,
educational and esthetic resources and qualities of the area:
a.

Anchoring or otherwise mooring within the Sanctuary;

b.

Discharging or depositing, from within the boundaries of the Sanctuary, any material or other matter;

c.

Discharging or depositing, from beyond the boundaries of the Sanctuary, any material or other matter;

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d.

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;

e.

Exploring for, developing or producing oil, gas or minerals within the Sanctuary;

f.

Taking, removing, catching, collecting, harvesting, feeding, injuring, destroying or causing the loss of, or
attempting to take, remove, catch, collect, harvest, feed, injure, destroy or cause the loss of, a Sanctuary
resource;

g.

Possessing within the Sanctuary a Sanctuary resource or any other resource, regardless of where taken,
removed, caught, collected or harvested, that, if it had been found within the Sanctuary, would be a
Sanctuary resource.

h.

Possessing or using within the Sanctuary any fishing gear, device, equipment or other apparatus.

i.

Possessing or using airguns or explosives or releasing electrical charges within the Sanctuary.

j.

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.

Section 2. Consistency With International Law
Any regulation of activities listed in Section 1 of this Article will be applied and enforced as mandated by
16 U.S.C. 1435(a).[1]

Section 3. 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, including
those not listed in section 1 of this Article, are subject to immediate temporary regulation, including
prohibition.

Article V—Effect on Other Regulations, Leases, Permits, Licenses, and Rights
Section 1. Fishing Regulations, Licenses, and Permits
The regulation of fishing is authorized under Article IV. All regulatory programs pertaining to fishing, including
fishery management plans promulgated under the Magnuson Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq., shall remain in effect. Where a valid regulation promulgated under these programs conflicts with a
Sanctuary regulation, the regulation deemed by the Secretary of Commerce or designee as more protective of
Sanctuary resources and qualities shall govern.
[1]

Based on the legislative history of the NMSA, NOAA has long interpreted the text of 16 U.S.C. 1435(a) as
encompassing international law, including customary international law.
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Section 2. Other Licenses, Regulations, and Permits
If any valid regulation issued by any Federal authority of competent jurisdiction, regardless of when issued, conflicts
with a Sanctuary regulation, the regulation deemed by the Secretary of Commerce or designee as 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 authority of competent jurisdiction, or any valid 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 authorization or right was in existence on the effective date of this designation.
However, the Secretary of Commerce or designee may regulate the exercise of such authorization or right
consistent with the purposes for which the Sanctuary is designated.
Accordingly, the prohibitions set forth in the Sanctuary regulations shall not apply to any activity authorized by any
valid lease, permit, license, approval, or other authorization in existence on the effective date of Sanctuary
designation and issued by any Federal authority of competent jurisdiction, or by any valid right of subsistence use or
access in existence on the effective date of Sanctuary designation, provided that the holder of such authorization or
right complies with Sanctuary regulations regarding the certification of such authorizations and rights (e.g., notifies
the Secretary or designee of the existence of, requests certification of, and provides requested information
regarding such authorization or right) and complies with any terms and conditions on the exercise of such
authorization or right imposed as a condition of certification by the Secretary or designee as he or she deems
necessary to achieve the purposes for which the Sanctuary was designated.
Pending final agency action on the certification request, such holder may exercise such authorization or right
without being in violation of any prohibitions set forth in the Sanctuary regulations, provided the holder is in
compliance with Sanctuary regulations regarding certifications.
The prohibitions set forth in the Sanctuary regulations shall not apply to any activity conducted in accordance with
the scope, purpose, terms, and conditions of the National Marine Sanctuary permit issued by the Secretary or
designee in accordance with the Sanctuary regulations. Such permits may only be issued if the Secretary or
designee finds that the activity for which the permit is applied will: Further research related to Sanctuary resources;
further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations
in or near the Sanctuary in connection with a recent air or marine casualty; or assist in managing the Sanctuary.
The prohibitions set forth in the sanctuary regulations shall not apply to any activity conducted in accordance with
the scope, purpose, terms, and conditions of a Special Use permit issued by the Secretary or designee in
accordance with section 310 of the Act. However, in areas where sanctuary regulations prohibit oil, gas, or mineral
exploration, development or production, the Secretary or designee may in no event, permit or otherwise, approve
such activities in that area. Any leases, licenses, permits, approvals, or other authorizations issued after the
effective date of designation authorizing the exploration or production of oil, gas, or minerals in that area shall be
invalid.

Section 3. Department of Defense Activities

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15 CFR 922.130

The prohibitions in § 922.122(a)(2) through (11) do not apply to activities being carried out by the Department of
Defense as of the effective date of designation. Such activities shall be carried out in a manner that minimizes any
adverse impact on Sanctuary resources and qualities. The prohibitions in § 922.122(a)(2) through (11) 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 and qualities. Such activities shall be carried out in a manner that
minimizes any adverse impact on Sanctuary resources and qualities. New activities with the potential for significant
adverse impact on Sanctuary resources and qualities may be exempted from the prohibitions in § 922.122(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 and qualities. 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.

Article VI—Alterations to This Designation
The terms of designation may be modified only by the same procedures by which the original designation is made,
including public hearings; consultation with any appropriate Federal, State, regional and local agencies; review by
the appropriate Congressional committees; and approval by the Secretary of Commerce or designee.
[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 (nmi2) (6,093 sq. mi.).
(a) The first area consists of an area of approximately 4,016 square nautical miles (nmi2) (5,318 sq. mi.) of
coastal and ocean waters, and submerged lands thereunder, in and surrounding Monterey Bay off the
central coast of California. The northern terminus of the Sanctuary boundary is located along the
southern boundary of the Greater Farallones National Marine Sanctuary (GFNMS) beginning at Rocky
Point just south of Stinson Beach in Marin County. The Sanctuary boundary follows the GFNMS boundary
westward to a point approximately 29 nmi offshore from Moss Beach in San Mateo County. The
Sanctuary boundary then extends southward in a series of arcs, which generally follow the 500 fathom
isobath, to a point approximately 27 nmi offshore of Cambria, in San Luis Obispo County. The Sanctuary
boundary then extends eastward towards shore until it intersects the Mean High Water Line (MHWL)
along the coast near Cambria. The Sanctuary boundary then follows the MHWL northward to the northern
terminus at Rocky Point. The shoreward Sanctuary boundary excludes a small area between Point Bonita
and Point San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing Harbor
are all excluded from the Sanctuary shoreward from the points listed in appendix A except for Moss
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15 CFR 922.130(b)

Landing Harbor, where all of Elkhorn Slough east of the Highway One bridge, and west of the tide gate at
Elkhorn Road and toward the center channel from the MHWL is included within the Sanctuary, excluding
areas within the Elkhorn Slough National Estuarine Research Reserve. Exact coordinates for the seaward
boundary and harbor exclusions are provided in appendix A to this subpart.
(b) The Davidson Seamount Management Zone is also part of the Sanctuary. This area, bounded by geodetic
lines connecting a rectangle centered on the top of the Davidson Seamount, consists of approximately
585 square nmi (nmi2) (774 sq. mi.) of ocean waters and the submerged lands thereunder. The shoreward
boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in
San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are
provided in appendix F to this subpart.
[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 means the use of dredged material removed from any of the four public
harbors adjacent to the sanctuary (Pillar Point, Santa Cruz, Moss Landing, and Monterey) that has been
determined by the Director to be suitable as a resource for habitat protection or restoration purposes only.
Beneficial use of dredged material is not disposal of dredged material.
Davidson Seamount Management Zone means the area bounded by geodetic lines connecting a rectangle
centered on the top of the Davidson Seamount, and consists of approximately 585 square nmi of ocean
waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is
located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates
for the Davidson Seamount Management Zone boundary are provided in appendix F to this subpart.
Federal Project means any water resources development project conducted by the U.S. Army Corps of Engineers
or operating under a permit or other authorization issued by the Corps of Engineers and authorized by
Federal law.
Hand tool means a hand-held implement, utilized for the collection of jade pursuant to 15 CFR 922.132(a)(1),
that is no greater than 36 inches in length and has no moving parts (e.g., dive knife, pry bar, or abalone
iron). Pneumatic, mechanical, electrical, hydraulic, or explosive tools are, therefore, examples of what
does not meet this definition.
Motorized personal watercraft (MPWC) means any vessel, propelled by machinery, that is designed to be
operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional
manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in length overall
as manufactured and propelled by machinery and that has been exempted from compliance with the U.S.
Coast Guard's Maximum Capacities Marking for Load Capacity regulation found at 33 CFR Parts 181 and
183, except submarines; or any other vessel that is less than 20 feet in length overall as manufactured,
and is propelled by a water jet pump or drive.
[73 FR 70535, Nov. 20, 2008, as amended at 86 FR 62912, Nov. 15, 2021; 88 FR 967, Jan. 6, 2023]

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15 CFR 922.132

§ 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

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15 CFR 922.132(a)(2)(i)(F)

(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., Endangered
Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory Bird Treaty Act, as amended,
(MBTA), 16 U.S.C. 703 et seq., or any regulation, as amended, promulgated under the MMPA, ESA, or
MBTA.

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15 CFR 922.132(a)(6)

(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) released during catch and release fishing activity.
(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
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15 CFR 922.132(c)(2)

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 primarytreated 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. 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]
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15 CFR 922.134

§ 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

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15 CFR 922.134(b)(2)

Point ID No.

Latitude

Longitude

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

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Point ID No.
47

15 CFR Appendix-B-to-Subpart-M-of-Part-922(1)

Latitude

Longitude

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

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Point ID No.

15 CFR Appendix-B-to-Subpart-M-of-Part-922(4)

Latitude

Longitude

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:

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(1) The 0.96 mi2 area off Pillar Point Harbor from harbor launch ramps, through the harbor entrance to the
northern boundary of Zone One. The boundary for Zone 1 begins at Point 1 in the coordinate table listed
below and continues to each subsequent point in numerical order ending at Point 6.

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 mi2 area off of Santa Cruz Small Craft Harbor from harbor launch ramps, through the harbor
entrance, and then along a 100-yard wide access route to the south-southwest along a bearing of
approximately 196° true (183° magnetic) toward the red and white whistle buoy at 36.93899 N,
122.009612 W, until crossing between the two yellow can buoys marking, respectively, the northeast and
northwest corners of the zone. The boundary for Zone 2 begins at Point 1 in the coordinate table listed
below and continues to each subsequent point in numerical order ending at Point 5.

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”

36.93899 −122.00961

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15 CFR Appendix-E-to-Subpart-M-of-Part-922(3)

Point ID No.

Latitude

Longitude

light)

(3) The 2.29 mi2 area off of Moss Landing Harbor from harbor launch ramps, through harbor entrance, and
then along a 100-yard wide access route southwest along a bearing of approximately 230° true (217°
magnetic) to the red and white bell buoy at 36.79893 N, 121.80157 W. The boundary for Zone 3 begins at
Point 1 in the coordinate table listed below and continues to each subsequent point in numerical order
ending at Point 5.

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 mi2 area off of Monterey Harbor from harbor launch ramps to a point midway between the
seaward end of the U.S. Coast Guard Pier and the seaward end of Wharf 2, and then along a 100-yard
wide access route to the northeast along a bearing of approximately 67° true (54° magnetic) to the yellow
can buoy marking the southeast corner of the zone. The boundary for Zone 4 begins at Point 1 in the
coordinate table listed below and continues to each subsequent point in numerical order ending at Point
6.

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 mi2 area near Pillar Point from the Pillar Point Harbor entrance along a 100-yard wide access
route to the south along a bearing of approximately 174° true (161° magnetic) to the green bell buoy
(identified as “Buoy 3”) at 37.48154 N, 122.48156 W and then along a 100-yard wide access route
northwest along a bearing of approximately 284° true (271° magnetic) to the green gong buoy (identified
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15 CFR 922.140

as “Buoy 1”) at 37.48625 N, 122.50603 W, the southwest boundary of Zone Five. Zone Five 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. The boundary for Zone 5 begins at Point 1 in the
coordinate table listed below and continues to each subsequent point in numerical order ending at Point
5.

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 (nmi2) (846 sq. mi.) of Federal marine waters and the submerged lands thereunder,
over and around Stellwagen Bank and other submerged features off the coast of Massachusetts. The
boundary encompasses the entirety of Stellwagen Bank; Tillies Bank, to the northeast of Stellwagen Bank;
and portions of Jeffreys Ledge, to the north of Stellwagen Bank.
(b) The Sanctuary boundary is identified by the following coordinates, indicating the most northeast,
southeast, southwest, west-northwest, and north-northwest points: 42.76672 −70.21664 (NE); 42.09330
−70.03506 (SE); 42.12924 −70.47043 (SW); 42.54830 −70.59737 (WNW); and 42.65123 −70.50262
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15 CFR 922.141

(NNW). The western border is formed by a straight line connecting the most southwest and the westnorthwest 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 northnorthwest 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 means mineral, as defined in § 922.11.
Traditional fishing means those commercial or recreational fishing methods which have been conducted in the
past within the Sanctuary.
[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.
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15 CFR 922.142(a)(3)

(3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or
abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an
incidental result of:
(i)

Anchoring vessels;

(ii) Traditional fishing operations; or
(iii) Installation of navigation aids.
(4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical
resource. This prohibition does not apply to moving, removing or injury resulting incidentally from
traditional fishing operations.
(5) Taking any marine reptile, marine mammal or seabird in or above the Sanctuary, except as permitted
by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., the Endangered
Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as
amended, (MBTA), 16 U.S.C. 703 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.

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15 CFR 922.142(d)

(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

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Pt.

15 CFR 922.150

Latitude

Longitude

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 (nmi2) (3,188 sq. mi.) of coastal and ocean waters, and the submerged lands
thereunder, off the central and northern coast of the State of Washington.
(b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada international
boundary. The Sanctuary boundary then follows the U.S./Canada international boundary seaward to the
100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 fathom isobath in a
southerly direction from the U.S./Canada international boundary to a point due west of the mouth of the
Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault Canyons. The coastal
boundary of the Sanctuary is the mean higher high water line when adjacent to Federally managed lands
cutting across the mouths of all rivers and streams, except where adjacent to Indian reservations, State
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15 CFR 922.151

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 means a tract of land set aside by the Federal Government for use by a federally recognized
American Indian tribe and includes, but is not limited to, the Makah, Quileute, Hoh, and Quinault
Reservations.
Lawful fishing means fishing authorized by a tribal, State or Federal entity with jurisdiction over the activity.
Treaty means a formal agreement between the United States Government and an Indian tribe.
[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.

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15 CFR 922.152(a)(3)

(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., the Endangered
Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as
amended, (MBTA), 16 U.S.C. 703 et seq., or pursuant to any Indian treaty with an Indian tribe to which
the United States is a party, provided that the Indian treaty right is exercised in accordance with the
MMPA, ESA, and MBTA, to the extent that they apply.
(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.

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15 CFR 922.152(c)

(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 nonexplosive 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.
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(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.
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15 CFR 922.160

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
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
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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 (nmi2) (3,803 sq. mi.) of coastal
and ocean waters, and the submerged lands thereunder, surrounding the Florida Keys in Florida. Appendix I to this
subpart sets forth the precise Sanctuary boundary.
[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 means the Florida Keys National Marine Sanctuary and Protection Act, as amended, (FKNMSPA)
(Pub. L. 101-605), and the National Marine Sanctuaries Act (NMSA), also known as Title III of the
Marine Protection, Research, and Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq.).
Adverse effect means any factor, force, or action that independently or cumulatively damages, diminishes,
degrades, impairs, destroys, or otherwise harms any Sanctuary resource, as defined in section
302(8) of the NMSA (16 U.S.C. 1432(8)) and in this section, or any of the qualities, values, or
purposes for which the Sanctuary is designated.
Airboat means a vessel operated by means of a motor driven propeller that pushes air for momentum.
Areas To Be Avoided means the areas in which vessel operations are prohibited pursuant to section 6(a)(1)
of the FKNMSPA (see § 922.164(a)). Appendix VII to this subpart sets forth the geographic
coordinates of these areas, including any modifications thereto made in accordance with section
6(a)(3) of the FKNMSPA.
Closed means all entry or use is prohibited.
Coral means but is not limited to the corals of the Class Hydrozoa (stinging and hydrocorals); Class
Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals); Class Anthozoa, Subclass
Ceriantipatharia, Order Antipatharia (black corals); and Class Anthozoa, Subclass Ocotocorallia,
Order Gorgonacea, species Gorgonia ventalina and Gorgonia flabellum (sea fans).
Coral area means marine habitat where coral growth abounds including patch reefs, outer bank reefs,
deepwater banks, and hardbottoms.
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15 CFR 922.162(a) “Coral reefs”

Coral reefs means the hard bottoms, deep-water banks, patch reefs, and outer bank reefs.
Ecological Reserve means an area of the Sanctuary consisting of contiguous, diverse habitats, within which
uses are subject to conditions, restrictions and prohibitions, including access restrictions, intended
to minimize human influences, to provide natural spawning, nursery, and permanent residence areas
for the replenishment and genetic protection of marine life, and also to protect and preserve natural
assemblages of habitats and species within areas representing a broad diversity of resources and
habitats found within the Sanctuary. Appendix IV to this subpart sets forth the geographic
coordinates of these areas.
Existing Management Area means an area of the Sanctuary that is within or is a resource management
area established by NOAA or by another Federal authority of competent jurisdiction as of the
effective date of these regulations where protections above and beyond those provided by
Sanctuary-wide prohibitions and restrictions are needed to adequately protect resources. Appendix II
to this subpart sets forth the geographic coordinates of these areas.
Exotic species means a species of plant, invertebrate, fish, amphibian, reptile or mammal whose natural
zoogeographic range would not have included the waters of the Atlantic Ocean, Caribbean, or Gulf of
Mexico without passive or active introduction to such area through anthropogenic means.
Fishing means:
(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 means a submerged marine community comprised of organisms attached to exposed solid
rock substrate. Hardbottom is the substrate to which corals may attach but does not include the
corals themselves.
Idle speed only/no-wake means a speed at which a boat is operated that is no greater than 4 knots or does
not produce a wake.
Idle speed only/no-wake zone means a portion of the Sanctuary where the speed at which a boat is
operated may be no greater than 4 knots or may not produce a wake.
Length overall (LOA) or length means, as used in § 922.167 with respect to a vessel, the horizontal
distance, rounded to the nearest foot (with 0.5 ft and above rounded upward), between the foremost
part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor
brackets, and similar fittings or attachments.
Live rock means any living marine organism or an assemblage thereof attached to a hard substrate,
including dead coral or rock but not individual mollusk shells (e.g., scallops, clams, oysters). Living
marine organisms associated with hard bottoms, banks, reefs, and live rock may include, but are not
limited to: sea anemones (Phylum Cnidaria: Class Anthozoa: Order Actinaria); sponges (Phylum
Porifera); tube worms (Phylum Annelida), including fan worms, feather duster worms, and Christmas
tree worms; bryozoans (Phylum Bryzoa); sea squirts (Phylum Chordata); and marine algae, including
Mermaid's fan and cups (Udotea spp.), corraline algae, green feather, green grape algae (Caulerpa
spp.) and watercress (Halimeda spp.).
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15 CFR 922.162(a) “Marine life species”

Marine life species means any species of fish, invertebrate, or plant included in sections (2), (3), or (4) of
Rule 46-42.001, Florida Administrative Code, reprinted in appendix VIII to this subpart.
Military activity means an activity conducted by the Department of Defense with or without participation by
foreign forces, other than civil engineering and other civil works projects conducted by the U.S. Army
Corps of Engineers.
No-access buffer zone means a portion of the Sanctuary where vessels are prohibited from entering
regardless of the method of propulsion.
No motor zone means an area of the Sanctuary where the use of internal combustion motors is prohibited.
A vessel with an internal combustion motor may access a no motor zone only through the use of a
push pole, paddle, sail, electric motor or similar means of operation but is prohibited from using it's
internal combustion motor.
Not available for immediate use means not readily accessible for immediate use, e.g., by being stowed
unbaited in a cabin, locker, rod holder, or similar storage area, or by being securely covered and
lashed to a deck or bulkhead.
Officially marked channel means a channel marked by Federal, State of Florida, or Monroe County officials
of competent jurisdiction with navigational aids except for channels marked idle speed only/no
wake.
Personal watercraft means any jet or air-powered watercraft operated by standing, sitting, or kneeling on or
behind the vessel, in contrast to a conventional boat, where the operator stands or sits inside the
vessel, and that uses an inboard engine to power a water jet pump for propulsion, instead of a
propeller as in a conventional boat.
Prop dredging means the use of a vessel's propulsion wash to dredge or otherwise alter the seabed of the
Sanctuary. Prop dredging includes, but is not limited to, the use of propulsion wash deflectors or
similar means of dredging or otherwise altering the seabed of the Sanctuary. Prop dredging does not
include the disturbance to bottom sediments resulting from normal vessel propulsion.
Prop scarring means the injury to seagrasses or other immobile organisms attached to the seabed of the
Sanctuary caused by operation of a vessel in a manner that allows its propeller or other running gear,
or any part thereof, to cause such injury (e.g., cutting seagrass rhizomes). Prop scarring does not
include minor disturbances to bottom sediments or seagrass blades resulting from normal vessel
propulsion.
Residential shoreline means any man-made or natural:
(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 means the Florida Keys National Marine Sanctuary.

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15 CFR 922.162(a) “Sanctuary Preservation Area”

Sanctuary Preservation Area means an area of the Sanctuary that encompasses a discrete, biologically
important area, within which uses are subject to conditions, restrictions and prohibitions, including
access restrictions, to avoid concentrations of uses that could result in significant declines in
species populations or habitat, to reduce conflicts between uses, to protect areas that are critical for
sustaining important marine species or habitats, or to provide opportunities for scientific research.
Appendix V to this subpart sets forth the geographic coordinates of these areas.
Sanctuary wildlife means any species of fauna, including avifauna, that occupy or utilize the submerged
resources of the Sanctuary as nursery areas, feeding grounds, nesting sites, shelter, or other habitat
during any portion of their life cycles.
Special-use Area means an area of the Sanctuary set aside for scientific research and educational
purposes, recovery or restoration of Sanctuary resources, monitoring, to prevent use or user
conflicts, to facilitate access and use, or to promote public use and understanding of Sanctuary
resources. Appendix VI to this subpart sets forth the geographic coordinates of these areas.
Stem means the foremost part of a vessel, consisting of a section of timber or fiberglass, or cast, forged,
or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united
to the keel, and with the bowsprit, if one is present, resting on the upper end.
Stern means the aftermost part of the vessel.
Tank vessel means any vessel that is constructed or adapted to carry, or that carries, oil or hazardous
material in bulk as cargo or cargo residue, and that—
(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 means those commercial or recreational fishing activities that were customarily
conducted within the Sanctuary prior to its designation as identified in the Environmental Impact
Statement and Management Plan for this Sanctuary.
Tropical fish means any species included in section (2) of Rule 46-42.001, Florida Administrative Code,
reproduced in appendix VIII to this subpart, or any part thereof.
Wildlife Management Area means an area of the Sanctuary established for the management, protection,
and preservation of Sanctuary wildlife resources, including such an area established for the
protection and preservation of endangered or threatened species or their habitats, within which
access is restricted to minimize disturbances to Sanctuary wildlife; to ensure protection and
preservation consistent with the Sanctuary designation and other applicable law governing the
protection and preservation of wildlife resources in the Sanctuary. Appendix III to this subpart lists
these areas and their access restrictions.
(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. and 16 U.S.C.
1431 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]
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15 CFR 922.163

§ 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. Exploring for, developing, or
producing minerals or hydrocarbons within the Sanctuary.
(2) Removal of, injury to, or possession of coral or live rock.
(i)

Moving, removing, taking, harvesting, damaging, disturbing, touching, breaking, cutting, or
otherwise injuring, or possessing (regardless of where taken from) any living or dead coral, or
coral formation, or attempting any of these activities, except as permitted under 50 CFR part
622.

(ii) Harvesting, or attempting to harvest, any live rock from the Sanctuary, or possessing
(regardless of where taken from) any live rock within the Sanctuary, except as authorized by a
permit for the possession or harvest from aquaculture operations in the Exclusive Economic
Zone, issued by the National Marine Fisheries Service pursuant to applicable regulations under
the appropriate Fishery Management Plan, or as authorized by the applicable State authority of
competent jurisdiction within the Sanctuary for live rock cultured on State submerged lands
leased from the State of Florida, pursuant to applicable State law. See § 370.027, Florida
Statutes and implementing regulations.
(3) Alteration of, or construction on, the seabed. Drilling into, dredging, or otherwise altering the seabed
of the Sanctuary, or engaging in prop-dredging; or constructing, placing or abandoning any structure,
material, or other matter on the seabed of the Sanctuary, except as an incidental result of:
(i)

Anchoring vessels in a manner not otherwise prohibited by this part (see §§ 922.163(a)(5)(ii)
and 922.164(d)(1)(v));

(ii) Traditional fishing activities not otherwise prohibited by this part;
(iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any
Federal, State, or local authority of 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.
(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 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

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15 CFR 922.163(a)(4)(i)(C)

(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.
(i)

Operating a vessel in such a manner as to strike or otherwise injure coral, seagrass, or any other
immobile organism attached to the seabed, including, but not limited to, operating a vessel in
such a manner as to cause prop-scarring.

(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. Diving or snorkeling without flying in a conspicuous
manner the red and white “divers down” flag (or the blue and white “alpha” flag in Federal waters).
(7) Release of exotic species. Introducing or releasing an exotic species of plant, invertebrate, fish,
amphibian, or mammals into the Sanctuary.

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15 CFR 922.163(a)(8)

(8) Damage or removal of markers. Marking, defacing, or damaging in any way or displacing, removing,
or tampering with any official signs, notices, or placards, whether temporary or permanent, or with
any navigational aids, monuments, stakes, posts, mooring buoys, boundary buoys, trap buoys, or
scientific equipment.
(9) Movement of, removal of, injury to, or possession of Sanctuary historical resources. Moving,
removing, injuring, or possessing, or attempting to move, remove, injure, or possess, a Sanctuary
historical resource.
(10) Take or possession of protected wildlife. 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., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et
seq., and the Migratory Bird Treaty Act, as amended, (MBTA) 16 U.S.C. 703 et seq.
(11) Possession or use of explosives or electrical charges. Possessing, or using explosives, except
powerheads, or releasing electrical charges within the Sanctuary.
(12) Harvest or possession of marine life species. Harvesting, possessing, or landing any marine life
species, or part thereof, within the Sanctuary, except in accordance with rules 68B-42 of the Florida
Administrative Code, and such rules shall apply mutatis mutandis (with necessary editorial changes)
to all Federal and State waters within the Sanctuary.
(13) Interference with law enforcement. Interfering with, obstructing, delaying or preventing an
investigation, search, seizure, or disposition of seized property in connection with enforcement of
the Acts or any regulation or permit issued under the Acts.
(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,
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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.;
and
(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. Operating a tank vessel or a vessel greater than 50 meters in registered length is
prohibited in all areas to be avoided, except if such vessel is a public vessel and its operation is essential
for national defense, law enforcement, or responses to emergencies that threaten life, property, or the
environment. Appendix VII to this subpart sets forth the geographic coordinates of these areas.
(b) Existing management areas —

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(1) Key Largo and Looe Key Management Areas. The following activities are prohibited within the Key
Largo and Looe Key Management Areas (also known as the Key Largo and Looe Key National Marine
Sanctuaries) described in appendix II to this subpart:
(i)

Removing, taking, damaging, harmfully disturbing, breaking, cutting, spearing or similarly
injuring any coral or other marine invertebrate, or any plant, soil, rock, or other material, except
commercial taking of spiny lobster and stone crab by trap and recreational taking of spiny
lobster by hand or by hand gear which is consistent with these regulations and the applicable
regulations implementing the applicable Fishery Management Plan.

(ii) Taking any tropical fish.
(iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or
anchored bottom fishing gear or nets.
(iv) Fishing with, carrying or possessing, except while passing through without interruption or for
law enforcement purposes: pole spears, air rifles, bows and arrows, slings, Hawaiian slings,
rubber powered arbaletes, pneumatic and spring-loaded guns or similar devices known as
spearguns.
(2) Great White Heron and Key West National Wildlife Refuge Management Areas. Operating a personal
watercraft, operating an airboat, or water skiing except within Township 66 South, Range 29 East,
Sections 5, 11, 12 and 14; Township 66 South, Range 28 East, Section 2; Township 67 South, Range
26 East, Sections 16 and 20, all Tallahassee Meridian, are prohibited within the marine portions of
the Great White Heron and Key West National Wildlife Refuge Management Areas described in
appendix II to this subpart.
(c) Wildlife management areas.
(1) Marine portions of the Wildlife Management Areas listed in appendix III to this subpart or portions
thereof may be designated “idle speed only/no-wake,” “no-motor” or “no-access buffer” zones or
“closed”. The Director, in cooperation with other Federal, State, or local resource management
authorities, as appropriate, shall post signs conspicuously, using mounting posts, buoys, or other
means according to location and purpose, at appropriate intervals and locations, clearly delineating
an area as an “idle speed only/no wake”, a “no-motor”, or a “no-access buffer” zone or as “closed”,
and allowing instant, long-range recognition by boaters. Such signs shall display the official logo of
the Sanctuary.
(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.

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(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, after notice and an opportunity for public comments in
accordance, an amendment to the list of such areas set forth in appendix III to this subpart, and
a notice regarding the time and place where maps depicting the precise locations of such
restrictions will be made available for public inspection, and

(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.
(1) The following activities are prohibited within the Ecological Reserves described in appendix IV to this
subpart, within the Sanctuary Preservation Areas described in appendix V to this subpart, and within
the Special Use (Research only Areas) described in appendix VI to this subpart:
(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.

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(v) Anchoring in the Tortugas Ecological Reserve. In all other Ecological Reserves and Sanctuary
Preservation Areas, placing any anchor in a way that allows the anchor or any portion of the
anchor apparatus (including the anchor, chain or rope) to touch living or dead coral, or any
attached living organism. When anchoring dive boats, the first diver down must inspect the
anchor to ensure that it is not touching living or dead coral, and will not shift in such a way as to
touch such coral or other attached organism. No further diving shall take place until the anchor
is placed in accordance with these requirements.
(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, and by such other means as the Director
may deem appropriate. The Director may only restrict access to an area for a period of 60 days, with
one additional 60 day renewal. The Director may restrict access to an area for a longer period
pursuant to a notice and opportunity for public comment rulemaking under the Administrative
Procedure Act. Such restriction will be kept to the minimum amount of area necessary to achieve the
purposes thereof.
(e) Special-use Areas.
(1) The Director may set aside discrete areas of the Sanctuary as Special-use Areas, and, by designation
pursuant to this paragraph, impose the access and use restrictions specified in paragraph (e)(3) of
this section. Special-use Areas are described in appendix VI to this subpart, in accordance with the
following designations and corresponding objectives:
(i)

“Recovery area” to provide for the recovery of Sanctuary resources from degradation or other
injury attributable to human uses;

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(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, after notice and an opportunity for public comment
in accordance with the Administrative Procedure Act, an amendment to appendix VI to this
subpart, except that, with respect to such areas designated as a “recovery area,” “restoration
area,” or “research only area,” the Director may modify the number of, location of, or designation
applicable to, such areas by publishing a notice of such action in the FEDERAL REGISTER if the
Director determines that immediate action is reasonably necessary to:
(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.

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(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. Vessels 50 meters or greater in registered length, are prohibited from
anchoring on the portion of Tortugas Bank within the Florida Keys National Marine Sanctuary west of the
Dry Tortugas National Park that is outside of the Tortugas Ecological Reserve. The boundary of the area
closed to anchoring by vessels 50 meters or greater in registered length is formed by connecting in
succession the points at the following coordinates (based on the North American Datum of 1983):
(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.

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(2) For activities proposed to be conducted within any of the areas described in § 922.164 (b) through
(e), the Director shall not issue a permit unless he or she further finds that such activities will further
and are consistent with the purposes for which such area was established, as described in §§
922.162 and 922.164 and in the management plan for the Sanctuary.
(3) A person may conduct an activity otherwise prohibited by § 922.163 or § 922.164, if such activity is
specifically allowed by and conducted in accordance with the scope, purpose, terms and conditions
of a permit issued under this section and subpart D of this part, and any additional permit issuance
criteria and requirements in paragraphs (b), (c), (f), and (i) through (m) of this section.
(b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit.
(1) A person may conduct an activity prohibited by §§ 922.163 or 922.164 involving the survey/inventory
of Sanctuary historical resources if such activity is specifically authorized by, and is conducted in
accordance with the scope, purpose, terms and conditions of, a Survey/Inventory of Historical
Resources permit issued under this paragraph (b). Such permit is not required if such survey/
inventory activity does not involve any activity prohibited by §§ 922.163 or 922.164. Thus, survey/
inventory activities that are non-intrusive, do not include any excavation, removal, or recovery of
historical resources, and do not result in destruction of, loss of, or injury to Sanctuary resources or
qualities do not require a permit. However, if a survey/inventory activity will involve test excavations
or removal of artifacts or materials for evaluative purposes, a Survey/Inventory of Historical
Resources permit is required. Regardless of whether a Survey/Inventory permit is required, a person
may request such permit. Persons who have demonstrated their professional abilities under a
Survey/Inventory permit will be given preference over other persons in consideration of the issuance
of a Research/Recovery permit. While a Survey/Inventory permit does not grant any rights with
regards to areas subject to pre-existing rights of access which are still valid, once a permit is issued
for an area, other survey/inventory permits will not be issued for the same area during the period for
which the permit is valid.
(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.
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(1) A person may conduct any activity prohibited by §§ 922.163 or 922.164 involving the research/
recovery of Sanctuary historical resources if such activity is specifically authorized by, and is
conducted in accordance with the scope, purpose, terms and conditions of, a Research/Recovery of
Historical Resources permit issued under this paragraph (c).
(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.
(1) A person may conduct any commercial or concession-type activity prohibited by §§ 922.163 or
922.164, if such activity is specifically authorized by, and is conducted in accordance with the scope,
purpose, terms and conditions of, a Special-use permit issued under this paragraph (d). A Specialuse permit is required for the deaccession/transfer of Sanctuary historical resources.
(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;

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(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.
(1) Applications for permits should be addressed to the Director, Office of Ocean and Coastal Resource
Management; ATTN: Sanctuary Superintendent, Florida Keys National Marine Sanctuary, P.O. Box
500368, Marathon, FL 33050. All applications must include:
(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
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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.

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(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
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15 CFR 922.167(b)(2)

Marathon office: telephone: (305) 743-2437
(2) The following information must be provided, as applicable:
(i)

Vessel name.

(ii) Name, address, and telephone number of owner and operator.
(iii) Name, address, and telephone number of applicant.
(iv) USCG documentation, state license, or registration number.
(v) Home port.
(vi) Length of vessel and propulsion type (i.e., motor or sail).
(vii) Number of divers.
(viii) Requested effective date and duration of permit (2 weeks, maximum).
(c) The Sanctuary Superintendent will issue a permit to the owner or to the owner's representative for the
vessel when all applicable information has been provided. The Sanctuary Superintendent will provide a
permit number to the applicant and confirm the effective date and duration period of the permit. Written
confirmation of permit issuance will be provided upon request.
[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,
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15 CFR Appendix-I-to-Subpart-P-of-Part-922(1)(c)(iii)

(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:
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15 CFR Appendix-I-to-Subpart-P-of-Part-922(3)(a)

(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.

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Point
5

Latitude
24 deg.31′62″ N

15 CFR Appendix-II-to-Subpart-P-of-Part-922(1)

Longitude
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.

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Point

Latitude

15 CFR Appendix-II-to-Subpart-P-of-Part-922(2)

Longitude

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 to reflect the increased accuracy of such data.
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15 CFR Appendix-II-to-Subpart-P-of-Part-922(2)

[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
No-access buffer zone (300 feet) around northernmost island.
Harbor Key
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 (i) No-motor zones (300 feet) around three smallest keys on western side of chain; (ii)
Keys
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
No-access buffer zone on tidal flat.
south of
Marvin Key
Mud Keys

(i) Idle speed only/no-wake zones in the two main tidal creeks; (ii) two smaller creeks
on west side closed.

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Area

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(1)

Access restrictions

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
No-access buffer zone (300 feet) around entire key.
Harbor 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.

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Point
5

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(2)

Latitude
24 deg.33.70′ N

Longitude
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]

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15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

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.

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Point

Latitude

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude

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.

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Point
5

Latitude
24 deg.57.48′ N

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude
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
1

Latitude
25 deg.06.91′ N

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Longitude
80 deg.18.20′ W.

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Point

Latitude

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude

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.

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Point
5

Latitude
25 deg.08.97′ N

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude
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.

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Point
5

Latitude
24 deg.33.24′ N

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude
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.

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Point

Latitude

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude

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]

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15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

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.

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Point

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Latitude

Longitude

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.

Tavernier Special Use Area (Temporary)
(Restoration Only)—[The coordinates are unprojected (Geographic) and based on the North American Datum of
1983. The boundary for the special use area begins at Point 1 and continues to each successive point in numerical
order until ending at Point 5 as listed in the coordinate in the following table.]

Point No.

Latitude

Longitude

1

24.96925

−80.44376

2

24.97079

−80.43950

3

24.96763

−80.43768

4

24.96616

−80.44180

5

24.96925

−80.44376

Marathon Special Use Area (Temporary)

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15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

(Restoration Only)—[The coordinates are unprojected (Geographic) and based on the North American Datum of
1983. The boundary for the special use area begins at Point 1 and continues to each successive point in numerical
order until ending at Point 5 as listed in the coordinate in the following table.]

Point No.

Latitude

Longitude

1

24.65411

−81.01286

2

24.65412

−81.00869

3

24.65044

−81.00870

4

24.65044

−81.01289

5

24.65411

−81.01286

Looe Key Special Use Area (Temporary)
(Restoration Only)—[The coordinates are unprojected (Geographic) and based on the North American Datum of
1983. The boundary for the special use area begins at Point 1 and continues to each successive point in numerical
order until ending at Point 5 as listed in the coordinate in the following table.]

Point No.

Latitude

Longitude

1

24.54255

−81.41811

2

24.54256

−81.41357

3

24.53903

−81.41356

4

24.53901

−81.41812

5

24.54255

−81.41811

[66 FR 4376, Jan. 17, 2001]

Effective Date Note 1: At 89 FR 53486, June 27, 2024, Part 922, Subpart P, Appendix VI was amended by adding
temporary entries for “Tavernier Special Use Area (Temporary)”, “Marathon Special Use Area (Temporary)”, and
“Looe Key Special Use Area (Temporary)” at the end of the appendix, effective June 27 through August 26, 2024.

Effective Date Note 2: At 89 FR 68100, Aug. 23, 2024, Part 922, Subpart P, Appendix VI was amended by
extending the effectiveness of these temporary entries from Aug. 26 until Oct. 25, 2024.

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15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

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
24

Latitude
24 deg.27.95' N

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4) (enhanced display)

Longitude
81 deg.48.65' W.

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Point

Latitude

15 CFR Appendix-IV-to-Subpart-P-of-Part-922(4)

Longitude

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.

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Point

Latitude

15 CFR 922.180

Longitude

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. and subtitle C, title II, Pub. L. 102-587, 106 Stat. 5055.
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.

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15 CFR 922.180(c)

(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 (nmi2) (1,366
sq. mi.), and consists of the submerged lands and waters off the coast of the Hawaiian Islands seaward
from the shoreline, cutting across the mouths of rivers and streams:
(1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai;
(2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the
Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu;
(3) To the 100-fathom (183 meter) isobath from Cape Halawa, Molokai, south and westward to Ilio Point,
Molokai; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the
waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse
on Maui, and northward along the shoreline to Lipoa Point, Maui;
(4) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Lipoa Point, Maui, and
southward;
(5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii.
(b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors:

Hawaii (Big Island)
Kawaihae Boat Harbor & Small Boat Basin

Lanai
Kaumalapau Harbor, Manele Harbor

Maui
Lahaina Boat Harbor
Maalaea Boat Harbor

Molokai
Hale o Lono Harbor
Kaunakakai Harbor
15 CFR 922.181(b) (enhanced display)

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15 CFR 922.181(c)

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 means the Hawaiian Islands National Marine Sanctuary Act (HINMSA; sections 2301-2307 of Pub. L.
102-587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine
Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431 et seq.).
Adverse impact means an impact that independently or cumulatively damages, diminishes, degrades,
impairs, destroys, or otherwise harms.
Alteration of the seabed means drilling into, dredging, or otherwise altering a natural physical characteristic
of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, material, or
other matter on the seabed of the Sanctuary.
Habitat means those areas that provide space for individual and population growth and normal behavior of
humpback whales, and include sites used for reproductive activities, including breeding, calving and
nursing.
Military activities means those military activities conducted by or under the auspices of the Department of
Defense and any combined military activities carried out by the Department of Defense and the
military forces of a foreign nation.
Sanctuary means the Hawaiian Islands Humpback Whale National Marine Sanctuary.
Sanctuary resource means any humpback whale, or the humpback whale's habitat within the Sanctuary.
Shoreline means the upper reaches of the wash of the waves, other than storm or seismic waves, at high
tide during the season of the year in which the highest wash of the waves occurs, usually evidenced
by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.
Take or taking a humpback whale means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes,
but is not limited to, any of the following activities: collecting any dead or injured humpback whale, or
any part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how
temporarily; tagging any humpback whale; operating a vessel or aircraft or doing any other act that
results in the disturbing or molesting of any 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., and 16 U.S.C. 1431 et seq.
[64 FR 66570, Nov. 29, 1999, as amended at 88 FR 970, Jan. 6, 2023]

15 CFR 922.182(b) (enhanced display)

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15 CFR 922.183

§ 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., and the Endangered Species Act, as amended
(ESA), 16 U.S.C. 1531 et seq.;

15 CFR 922.184(a)(1) (enhanced display)

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15 CFR 922.184(a)(2)

(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.
15 CFR 922.186(b) (enhanced display)

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15 CFR Part 922 (up to date as of 10/16/2024)
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15 CFR 922.186(c)

(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

15 CFR 922.187 (enhanced display)

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15 CFR Part 922 (up to date as of 10/16/2024)
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A.

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 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.

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 A.5. (enhanced display)

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15 CFR Part 922 (up to date as of 10/16/2024)
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B.

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B.

Lateral Closure Bounds for the Hawaiian Islands Humpback Whale National Marine Sanctuary Boundary
(see Figure 2).

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B. (enhanced display)

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15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B. (enhanced display)

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B.

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15 CFR Part 922 (up to date as of 10/16/2024)
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Bound No.
(fig. 2)

Geographic name

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B.

Number of points

Longitude

22.22353

−159.58117

22.27597

−159.59983

22.22497

−159.38217

22.24872

−159.37203

21.64017

−158.14056

21.60233

−158.10681

21.56036

−157.86442

21.59228

−157.83486

21.25158

−157.84097

1a

Kailiu Pt., Kauai

1b

Kailiu Pt., Kauai

2a

Mokolea Pt., Kauai

2b

Mokolea Pt., Kauai

3a

Puaena Pt., N Oahu

3b

Puaena Pt., N Oahu

4a

Mahie Pt., N Oahu

4b

Mahie Pt., N Oahu

5a

Kapahulu Groin, S Oahu

5b

Kapahulu Groin, S Oahu

21.26836

−157.82381

5c

Kapahulu Groin, S Oahu

21.26839

−157.82328

6a

Makapuu Pt., S Oahu

21.31100

−157.64908

6b

Makapuu Pt., S Oahu

21.32908

−157.59614

7a

Ilio Pt., Molokai

21.22381

−157.31272

7b

Ilio Pt., Molokai

21.22417

−157.25400

8a

Pailolo Channel, C. Halawa to Lipoa Pt

21.02494

−156.63944

8b

Pailolo Channel, C. Halaw to Lipoa Pt

21.15819

−156.71033

9a

Hanamanoia Lighthouse, Maui

20.57272

−156.44753

9b

Hanamanoia Lighthouse, Maui

20.58289

−156.41256

10a

3 Nmi. closure around Kahoolawe

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

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B. (enhanced display)

2

Latitude

2
2
2
3

2
2
2
2
51

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Bound No.
(fig. 2)

Geographic name

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B.

Number of points

Latitude

Longitude

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

20.69422

−156.61875

11b

Technical Closure

20.69583

−156.63433

12a

Upolu Pt., Hawaii (Big Island)

20.26814

−155.85014

12b

Upolu Pt., Hawaii (Big Island)

20.29997

−155.85478

13a

Keahole Pt., Hawaii (Big Island)

19.72767

−156.06186

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B. (enhanced display)

2
2
2

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Bound No.
(fig. 2)
13b

Bound
No.
(fig.2)

Geographic name

15 CFR Appendix-A-to-Subpart-Q-of-Part-922 B.

Number of points

Keahole Pt., Hawaii (Big Island)

Geographic name

Number of
points

Latitude

Longitude

19.72819

−156.07069

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

17b

Kaumalapau Harbor, Lanai exclusion

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

2 20.78589 −156.99228
20.78364 −156.99203

[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.

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15 CFR 922.190

§ 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 (nmi2)
(4,300 sq. mi.) of waters of Lake Huron and the submerged lands thereunder, over, around, and under the
underwater cultural resources in Thunder Bay. The eastern boundary of the sanctuary begins at the
intersection of the southern Alcona County boundary and the U.S./Canada international boundary (Point
1). The eastern boundary of the sanctuary approximates the international boundary passing through
Points 2-5. The boundary continues west through Point 6 and then back to the northeast until it intersects
with the 45.83333° N line of latitude at Point 7. The northern boundary follows the line of latitude
45.83333° N westward until it intersects the −84.33333° W line of longitude at Point 8. The western
boundary extends south along the −84.33333° W line of longitude towards Point 9 until it intersects the
ordinary high water mark at Cordwood Point. From there, the western boundary follows the ordinary high
water mark as defined by Part 325, Great Lakes Submerged Lands, of P.A. 451 (1994), as amended,
cutting across the mouths of rivers and streams until it intersects the line formed between Point 10 and
Point 11 south of Rogers City, MI. From there the boundary moves offshore through Points 11-15 in order
until it intersects the ordinary high water mark along the line formed between Point 15 and Point 16. At
this intersection the boundary continues to follow the ordinary high water mark south until it intersects
with the line formed between Point 17 and Point 18 near Stoneport Harbor Light in Presque Isle, MI.
From there the boundary moves offshore through Points 18-20 in order until it intersects the ordinary high
water mark along the line formed between Point 20 and Point 21. At this intersection the boundary
continues to follow the ordinary high water mark south until it intersects the line formed between 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 means any project listed in appendix B to this Subpart.
Programmatic Agreement means the agreement among NOAA, the Federal Advisory Council on Historic
Preservation, and the State of Michigan, developed pursuant to the National Marine Sanctuaries Act
(NMSA), 16 U.S.C. 1431 et seq. and section 106 of the National Historic Preservation Act of 1966 as
amended, 16 U.S.C. 470 et seq., which, in part, sets forth the procedures for review and approval of
State Permits that authorize activities prohibited by the Sanctuary regulations.
15 CFR 922.191(a) “Programmatic Agreement” (enhanced display)

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15 CFR 922.191(a) “State Archaeologist”

State Archaeologist means the State Archaeologist, Michigan Historical Center, Michigan Department of
State.
State Permit means any lease, permit, license, approval, or other authorization issued by the State of
Michigan for the conduct of activities or projects within the Thunder Bay National Marine Sanctuary
and Underwater Preserve that are prohibited by the regulations at § 922.193.
Traditional fishing means those commercial, recreational, and subsistence fishing activities that were
customarily conducted within the Sanctuary prior to its designation or expansion, as identified in the
relevant Final Environmental Impact Statement and Management Plan for this Sanctuary. Traditional
fishing includes tribal fishing rights as provided for in the 1836 Treaty of Washington and
subsequent court decisions related to the Treaty.
Treaty fishing rights means those rights reserved in the 1836 Treaty of Washington and in subsequent
court decisions related to the Treaty.
Underwater cultural resource means:
(1) Any sunken watercraft, including a ship, boat, canoe, skiff, raft, or barge; the rigging, gear,
fittings, trappings, and equipment of any sunken watercraft; the personal property of the
officers, crew, and passengers of any sunken watercraft; and the cargo of any sunken
watercraft, that sank prior to the effective date of Sanctuary designation; and
(2) Any of the above that sinks on or after the date 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 decisionmaking 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;

15 CFR 922.192(c)(3) (enhanced display)

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15 CFR 922.192(c)(4)

(4) Approve, on an annual basis, the expenditure of allocated state and federal funds and other sources
of revenue for the Thunder Bay National Marine Sanctuary and Underwater Preserve, in accordance
with the Management Plan and the annual work plans; and
(5) Make decisions on other key issues related to management of the Thunder Bay National Marine
Sanctuary and Underwater Preserve.
(d) The Joint Management Committee shall meet as agreed to by the members but not less than once
annually.
(e) If the Joint Management Committee is unable to reach agreement on an issue, the members shall follow
the “Consultation and Conflict Resolution” procedures set forth in the Interlocal Agreement between
NOAA and the State of Michigan.
(f) The Joint Management Committee may invite affected public parties to participate in selected aspects of
Sanctuary management as:
(1) Parties to the Interlocal Agreement pursuant to the Michigan Urban Cooperation Act of 1967, MCL
124.501 et seq.; and/or
(2) Pursuant to the NMSA.

§ 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.
15 CFR 922.193(c) (enhanced display)

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15 CFR 922.193(d)

(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;

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15 CFR 922.195(d)(3)

(3) Description of significant previous work in the area of interest, how the proposed effort would
enhance or contribute to improving the state of knowledge, why the proposed effort should be
performed in the Sanctuary, and its potential benefits to the Sanctuary;
(4) An operational plan that describes the tasks required to accomplish the project's objectives and the
professional qualifications of those conducting and supervising those tasks (see paragraph (d)(9) of
this section). The plan must provide adequate description of methods to be used for excavation,
recovery and the storage of artifacts and related materials on site, and describe the rationale for
selecting the proposed methods over any alternative methods;
(5) Archaeological recording, including site maps, feature maps, scaled photographs, and field notes;
(6) An excavation plan describing the excavation, recovery and handling of artifacts;
(7)
(i)

A conservation plan documenting:
(A) The conservation facility's equipment;
(B) Ventilation temperature and humidity control; and
(C) storage space.

(ii) Documentation of intended conservation methods and processes must also be included;
(8) A curation and display plan for the curation of the conserved artifacts to ensure the maintenance and
safety of the artifacts in keeping with the Sanctuary's federal stewardship responsibilities under the
Federal Archaeology Program (36 CFR part 79, Curation of Federally-Owned and Administered
Archaeological Collections); and
(9) Documentation of the professional standards of an archaeologist supervising the archaeological
recovery of historical artifacts. The minimum professional qualifications in archaeology are a
graduate degree in archaeology, anthropology, or closely related field plus:
(i)

At least one year of full-time professional experience or equivalent specialized training in
archeological research, administration or management;

(ii) At least four months of supervised field and analytic experience in general North American
archaeology;
(iii) Demonstrated ability to carry research to completion; and
(iv) At least one year of full-time professional experience at a supervisory level in the study of
archeological resources in the underwater environment.
[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.

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15 CFR 922.196(b)

(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

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Point ID

15 CFR Appendix-B-to-Subpart-R-of-Part-922(a)

Latitude (north)

Longitude (west)

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)(2)(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;

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15 CFR Appendix-B-to-Subpart-R-of-Part-922(c)(ii)

(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 of the groin length from the adjacent property line or closer with
written approval of the adjacent riparian.
(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. of the Michigan Compiled Laws, and known as the Marine Safety Act.
(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:

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(i)

15 CFR Appendix-B-to-Subpart-R-of-Part-922(l)(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 means any historical resource with the Sanctuary boundaries, as defined in §
922.3. This includes, but is not limited to, any sunken watercraft and any associated rigging, gear,
fittings, trappings, and equipment; the personal property of the officers, crew, and passengers, and
any cargo; and any submerged or partially submerged prehistoric, historic, cultural remains, such as
docks, piers, fishing-related remains (e.g., weirs, fish-traps) or other cultural heritage materials.

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15 CFR 922.201(a)(2)

Sanctuary resource also means any archaeological, historical, and cultural remains associated with
or representative of historic or prehistoric American Indians and historic groups or peoples and their
activities.
(2) Traditional fishing means those commercial, recreational, and subsistence fishing activities that were
customarily conducted within the Sanctuary prior to its designation or expansion, as identified in the
relevant Final Environmental Impact Statement and Management Plan for this Sanctuary.
(b) All other terms appearing in the regulations in this subpart are defined at § 922.11, and/or in the Marine
Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq.
[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:
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(i)

15 CFR 922.203(c)(2)(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]

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15 CFR 922.206

§ 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 notification announcing of effective date of the 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 § 922.203 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.

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15 CFR 922.206(i)

(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

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Point ID

15 CFR 922.206(k)

Latitude

Longitude

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., certain waters and submerged lands located off the Nanjemoy Peninsula of Charles County, Maryland, and
along the tidal Potomac River and its surrounding waters are hereby designated as a National Marine Sanctuary for
the purposes of providing long-term protection and management of the historical resources and recreational,
research, educational, and aesthetic qualities of the area.

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15 CFR 922.206(k)

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
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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
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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.

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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 means all prehistoric, historic, archaeological, and cultural sites and artifacts
within the sanctuary boundary, including all shipwreck sites.
(2) Shipwreck site means any historic sunken watercraft, its components, cargo, contents, and
associated debris field.
(b) All other terms appearing in the regulations in this subpart are defined at § 922.3, and/or in the Marine
Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq.

§ 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.
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(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.

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(d) Requests for findings or certifications should be addressed to the Director, Office of National Marine
Sanctuaries; ATTN: Sanctuary Superintendent, Wisconsin Shipwreck Coast National Marine Sanctuary,
1305 East-West Hwy., 11th Floor, Silver Spring, MD 20910. A copy of the lease, permit, license, approval, or
other authorization must accompany the request.
(e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may
conduct the activity prohibited by § 922.213(a)(1) through (3) provided that:
(1) The holder of such authorization or right notifies the Director, in writing, 180 days of the FEDERAL
REGISTER document announcing of effective date of the Sanctuary designation, of the existence of
such authorization or right and requests certification of such authorization or right;
(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]

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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

NOTE: 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 at the low water datum.

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Point__ID

15 CFR 922.216(k)

Latitude

Longitude

31

44.14256

−87.56059

32 *

44.14267

−87.56069

33 *

44.35279

−87.53255

34

44.35279

−87.34387

NOTE: 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 at the low water datum.

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., 962 square miles of Lake
Michigan off the coast of Wisconsin's coastal counties of Ozaukee, Sheboygan, Manitowoc, and Kewaunee are
hereby designated as a National Marine Sanctuary for the purpose of providing long-term protection and
management of the historical resources and recreational, research, educational, and aesthetic qualities of the area.

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
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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

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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
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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.
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15 CFR 922.221

§ 922.221 Definitions.
The following terms are defined for purposes of this subpart U:
Sanctuary resource means all historical resources as defined at 15 CFR 922.11, which includes any pre-contact
and historic sites, structures, districts, objects, and shipwreck sites within sanctuary boundaries.
Shipwreck site means all archaeological and material remains associated with sunken watercraft or aircraft that
are historical resources, including associated components, cargo, contents, artifacts, or debris fields that
may be exposed or buried within the lake bed.
Tethered underwater mobile system means remotely operated vehicles and other systems with onboard
propulsion systems that utilize a tether connected to a station-holding (e.g.byanchor, dynamic positioning,
or manual vessel operation) surface support vessel.

§ 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.
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Effective Date Note: At 89 FR 48291, June 6, 2024, 922.223(a)(3) is stayed until July 21, 2026.
§ 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.

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(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.

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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

NOTE: 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 at the low water datum.

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Point ID

15 CFR 922.227

Longitude

Latitude

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

NOTE: 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 at the low water datum.

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Point ID

15 CFR 922.227

Longitude

Latitude

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: 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 at the low water datum.

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., 1,300 nmi2 (1,722 mi2) of Lake Ontario off the coast of New York's coastal counties of Wayne, Cayuga,
Oswego, and Jefferson are hereby designated as a National Marine Sanctuary for the purpose of providing longterm protection and management of the cultural and historical resources and the recreational, research,
educational, and aesthetic qualities of the area.

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 nmi2 (1,722 mi2) in eastern Lake Ontario. The
boundary coordinates are defined by regulation (15 CFR 922.220).
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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) that is listed on the
National Register of Historic Places and one wreck (David Mills) that is a New York State Submerged Cultural
Preserve and Dive Site. This area may also include approximately 19 potential shipwreck sites (shipwrecks that may
exist, but additional research is needed to locate and describe these shipwrecks), three aircraft, and several other
underwater archaeological sites. Represented in the collection are commercial and military vessels from colonial
wars and the War of 1812, as well as submerged battlefields at Oswego and Sackets Harbor. Other shipwrecks
represent the earliest maritime commerce on the Great Lakes, including the nearly intact sloop Washington built in
1797.

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;

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• 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—XXX
Link to an amendment published at 89 FR 83594, Oct. 16, 2024.

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