[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: 15CFR922.82]



[Page 131-132]

 

                  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 132]]



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]