[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR921.40]

[Page 106-107]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 921_NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS--Table of Contents
 
 Subpart E_Ongoing Oversight, Performance Evaluation and Withdrawal of 
                               Designation
 
Sec. 921.40  Ongoing oversight and evaluations of designated National 
Estuarine Research Reserves.


    (a) The Sanctuaries and Reserve Division shall conduct, in 
accordance with section 312 of the Act and procedures set forth in 15 
CFR part 928, ongoing oversight and evaluations of Reserves. Interim 
sanctions may be imposed in accordance with regulations promulgated 
under 15 CFR part 928.
    (b) The Assistant Administrator may consider the following 
indicators of non-adherence in determining whether to invoke interim 
sanctions:
    (1) Inadequate implementation of required staff roles in 
administration, research, education/interpretation, and surveillance and 
enforcement. Indicators of inadequate implementation could include: No 
Reserve Manager, or no staff or insufficient staff to carry out the 
required functions.
    (2) Inadequate implementation of the required research plan, 
including the monitoring design. Indicators of inadequate implementation 
could include: Not carrying out research or monitoring that is required 
by the plan, or carrying out research or monitoring that is inconsistent 
with the plan.
    (3) Inadequate implementation of the required education/
interpretation plan. Indicators of inadequate implementation could 
include: Not carrying out education or interpretation that is required 
by the plan, or carrying out education/interpretation that is 
inconsistent with the plan.
    (4) Inadequate implementation of public access to the Reserve. 
Indicators of inadequate implementation of public access could include: 
Not providing necessary access, giving full consideration to the need to 
keep some areas off limits to the public in order to protect fragile 
resources.
    (5) Inadequate implementation of facility development plan. 
Indicators of inadequate implementation could include: Not taking action 
to propose and

[[Page 107]]

budget for necessary facilities, or not undertaking necessary 
construction in a timely manner when funds are available.
    (6) Inadequate implementation of acquisition plan. Indicators of 
inadequate implementation could include: Not pursuing an aggressive 
acquisition program with all available funds for that purpose, not 
requesting promptly additional funds when necessary, and evidence that 
adequate long-term state control has not been established over some core 
or buffer areas, thus jeopardizing the ability to protect the Reserve 
site and resources from offsite impacts.
    (7) Inadequate implementation of Reserve protection plan. Indicators 
of inadequate implementation could include: Evidence of non-compliance 
with Reserve restrictions, insufficient surveillance and enforcement to 
assure that restrictions on use of the Reserve are adhered to, or 
evidence that Reserve resources are being damaged or destroyed as a 
result of the above.
    (8) Failure to carry out the terms of the signed Memorandum of 
Understanding (MOU) between the state and NOAA, which establishes a 
long-term state commitment to maintain and manage the Reserve in 
accordance with section 315 of the Act. Indicators of failure could 
include: State action to allow incompatible uses of state-controlled 
lands or waters in the Reserve, failure of the state to bear its fair 
share of costs associated with long-term operation and management of the 
Reserve, or failure to initiate timely updates of the MOU when 
necessary.