[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: 15CFR922.71]



[Page 128-129]

 

                  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 129]]



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.