[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: 15CFR922.71]

[Page 129-130]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 922_NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS--Table of Contents
 
           Subpart G_Channel Islands National Marine Sanctuary
 
Sec. 922.71  Prohibited or otherwise regulated activities.

    (a) Except as may be necessary for the national defense (subject to 
the terms and conditions of Article 5, Section 2 of the Designation 
Document) or

[[Page 130]]

to respond to an emergency threatening life, property, or the 
environment, or except as may be permitted by the Director in accordance 
with Sec. Sec. 922.48 and 922.72, 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, and producing hydrocarbons except 
pursuant to leases executed prior to March 30, 1981, and except the 
laying of pipeline, if the following oil spill contingency equipment is 
available at the site of such operations:
    (i) 1500 feet of open ocean containment boom and a boat capable of 
deploying the boom;
    (ii) One oil skimming device capable of open ocean use; and
    (iii) Fifteen bales of oil sorbent material, and subject to all 
prohibitions, restrictions and conditions imposed by applicable 
regulations, permits, licenses or other authorizations and consistency 
reviews including those issued by the Department of the Interior, the 
Coast Guard, the Corps of Engineers, the Environmental Protection Agency 
and under the California Coastal Management Program and its implementing 
regulations.
    (2) Discharging or depositing any material or other matter except:
    (i) Fish or fish parts and chumming materials (bait);
    (ii) Water (including cooling water) and other biodegradable 
effluents incidental to vessel use of the Sanctuary generated by:
    (A) Marine sanitation devices;
    (B) Routine vessel maintenance, e.g., deck wash down;
    (C) Engine exhaust; or
    (D) Meals on board vessels;
    (iii) Effluents incidental to hydrocarbon exploration and 
exploitation activities allowed by paragraph (a)(1) of this section.
    (3) Except in connection with the laying of any pipeline as allowed 
by paragraph (a)(1) of this section, within 2 NM of any Island:
    (i) Constructing any structure other than a navigation aid,
    (ii) Drilling through the seabed, or
    (iii) Dredging or otherwise altering the seabed in any way, other 
than
    (A) To anchor vessels, or
    (B) To bottom trawl from a commercial fishing vessel.
    (4) Except to transport persons or supplies to or from an Island, 
operating within one NM of an Island any vessel engaged in the trade of 
carrying cargo, including, but not limited to, tankers and other bulk 
carriers and barges, or any vessel engaged in the trade of servicing 
offshore installations. In no event shall this section be construed to 
limit access for fishing (including kelp harvesting), recreational, or 
research vessels.
    (5) Disturbing seabirds or marine mammals by flying motorized 
aircraft at less than 1000 feet over the waters within one NM of any 
Island except:
    (i) For enforcement purposes;
    (ii) To engage in kelp bed surveys; or
    (iii) To transport persons or supplies to or from an Island.
    (6) Removing or damaging any historical or cultural resource.
    (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 having significant impact shall be 
determined in consultation between the Director and the Department of 
Defense.