[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: 15CFR921.40]



[Page 105-106]

 

                  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 budget for necessary facilities, or not undertaking 

necessary construction in a timely manner when funds are available.



[[Page 106]]



    (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.