[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: 15CFR922.82]

[Page 132-133]
 
                  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 H_Gulf of the Farallones National Marine Sanctuary
 
Sec. 922.82  Prohibited or otherwise regulated activities.

    (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 Sec. 922.48 and Sec. 922.83, 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 oil or gas except that 
pipelines related to hydrocarbon operations outside the Sanctuary may be 
placed at a distance greater than 2 NM from the Farallon Islands, 
Bolinas Lagoon, and ASBS where certified to have no significant effect 
on Sanctuary resources in accordance with Sec. 922.84.
    (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) Dredge material disposed of at the interim dumpsite now 
established approximately 10 NM south of the southeast Farallon Island 
and municipal sewage provided such discharges are certified in 
accordance with Sec. 922.84.
    (3) Except in connection with the laying of pipelines or 
construction of an outfall if certified in accordance with

Sec. 922.84:
    (i) Constructing any structure other than a navigation aid,
    (ii) Drilling through the seabed, and
    (iii) Dredging or otherwise altering the seabed in any way other 
than by anchoring vessels or bottom trawling from a commercial fishing 
vessel, except for routine maintenance and navigation, ecological 
maintenance, mariculture, and the construction of docks and piers in 
Tomales Bay.
    (4) Except to transport persons or supplies to or from islands or 
mainland

[[Page 133]]

areas adjacent to Sanctuary waters, within an area extending 2 NM from 
the Farallon Islands, Bolinas Lagoon, or any ASBS, operating 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, 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 the 
Farallon Islands, Bolinas Lagoon, or any ASBS except to transport 
persons or supplies to or from the Islands or for enforcement purposes.
    (6) Removing or damaging any historical or cultural resource.
    (7) Operation of motorized personal watercraft, except for the 
operation of motorized personal watercraft for emergency search and 
rescue mission or law enforcement operations (other than routine 
training activities) carried out by National Park Service, U.S. Coast 
Guard, Fire or Police Departments or other Federal, State or local 
jurisdictions.
    (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 impacts shall be 
determined in consultation between the Director and the Department of 
Defense.

[60 FR 66877, Dec. 27, 1995, as amended at 66 FR 46951, Sept. 10, 2001]