[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR921.4]



[Page 95-96]

 

                  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 A_General

 

Sec. 921.4  Relationship to other provisions of the Coastal Zone 

Management Act, and to the Marine Protection, Research and 

Sanctuaries Act.



    (a) The National Estuarine Research Reserve System is intended to 

provide information to state agencies and other entities involved in 

addressing coastal management issues. Any coastal state, including those 

that do not have approved coastal management programs under section 306 

of the Act, is eligible for an award under the National Estuarine 

Research Reserve Program (see Sec. 921.2(c)).

    (b) For purposes of consistency review by states with a federally 

approved coastal management program, the designation of a National 

Estuarine Research Reserve is deemed to be a Federal activity, which, if 

directly affecting the state's coastal zone, must be undertaken in a 

manner consistent to the maximum extent practicable with the approved 

state coastal management program as provided by section 1456(c)(1) of 

the Act, and implementing regulations at 15 CFR part 930, subpart C. In 

accordance with section 1456(c)(1) of the Act and the applicable 

regulations NOAA will be responsible for certifying that designation of 

the Reserve is consistent with the state's approved coastal management 

program. The state must concur with or object to the certification. It 

is recommended that the lead state agency for Reserve designation 

consult, at the



[[Page 96]]



earliest practicable time, with the appropriate state officials 

concerning the consistency of a proposed National Estuarine Research 

Reserve.

    (c) The National Estuarine Research Reserve Program will be 

administered in close coordination with the National Marine Sanctuary 

Program (Title III of the Marine Protection, Research and Sanctuaries 

Act, as amended, 16 U.S.C. 1431-1445), also administered by NOAA. Title 

III authorizes the Secretary of Commerce to designate discrete areas of 

the marine environment as National Marine Sanctuaries to protect or 

restore such areas for their conservation, recreational, ecological, 

historical, research, educational or esthetic values. National Marine 

Sanctuaries and Estuarine Research Reserves may not overlap, but may be 

adjacent.