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  Regulations and Restrictions

Within the Sanctuary...Who Prohibits What?

The Channel Islands National Marine Sanctuary (CINMS) was designated on September 22, 1980 in part to protect "significant cultural, natural resources." Administered by the National Oceanic and Atmospheric Administration (NOAA) the 1,252.5 square nautical mile sanctuary encompasses the waters surrounding the northern channel islands and Santa Barbara Island from high tide to six nautical miles offshore. The CINMS completely surrounds the Channel Islands National Park. The sanctuary includes the entire three miles of California state waters plus an equal distance of Federal waters. The sanctuary is an area of multiple use and the harvesting within the CINMS of kelp, fish and invertebrates is permitted in most areas. Within the boundaries of the sanctuary there are several regulatory agencies (federal, state and local) that have overlapping jurisdictions and management responsibilities. The National Marine Sanctuary Program emphasizes the protection of special marine areas for the long-term benefit and enjoyment of the public. Sanctuary management includes research and educational programs as well as resource protection to improve our understanding of the site's resources and promote their wise use. To provide comprehensive protection for this specially protected marine area NOAA has developed cooperative agreements, interagency agreements and memorandums of understanding with several regulatory agencies.

Click here to see a map of the Channel Islands National Marine Sanctuary

Below the sanctuary regulations are reprinted in their entirety and information of jurisdiction for other agencies is outlined as well.

Protecting your Channel Islands adobe logopdf (3MB)


CHANNEL ISLANDS NATIONAL MARINE SANCTUARY REGULATIONS:

(CFR 15 - section 922.71 Prohibited Activities)
Except by permit from NOAA the following activities are prohibited within the boundaries of the CINMS:

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 to respond to an emergency threatening life, property, or the environment, or except as may be permitted by the Director in
accordance with Secs. 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:

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:

    1500 feet of open ocean containment boom and a boat capable of deploying the boom;

    One oil skimming device capable of open ocean use; and

    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.

    • Discharge of Substances

      No person shall deposit or discharge any materials or substances except:

      • Fish or parts and chumming materials (bait)
      • Water (including cooling water ) and other biodegradable effluents incidental to vessel use of the sanctuary generated by:
        • marine sanitation devices;
        • routine vessel maintenance, e.g. deck wash down:
        • engine exhaust; or
        • meals aboard vessels;
      • Effluents incidental to hydrocarbon exploration and exploitation activities as allowed by these regulations.

      Alteration of, or Construction on, the Seabed

      Except in connection with the laying of any pipeline as allowed by these regulations, within two nautical miles of any island, no person shall:

      • Construct any structure other than a navigation aid, or
      • Drill through the seabed, or
      • Dredge or otherwise alter the seabed in any way, other than
        • to anchor vessels, or
        • to bottom trawl from a commercial fishing vessel.

      Commercial Vessel Operations

      Except to transport persons or supplies to or from an island, no person shall operate within one nautical mile 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 instillations. In no event shall this section be construed to limit access for fishing (including kelp harvesting) , recreational or research vessels.

      Disturbing Marine Mammals and Birds

      No person shall disturb seabirds or marine mammals by flying motorized aircraft at less than 1,000 feet over the waters within one nautical mile of any island except

      • for enforcement purposes;
      • to engage in kelp bed surveys; or
      • to transport persons or supplies to or from an island.

      Removing or Damaging Historical or Cultural Resources

      No person shall remove or damage any historical or cultural resource.
      Penalties for commission of acts (section 935.8) Section 303 of the Marine Protection, Research, and Sanctuaries Act authorizes the assessment of a civil penalty of not more than $100,000 against any person subject to the jurisdiction of the United States for each violation of any regulation issued pursuant to the Act, and further authorizes a proceeding in rem against any vessel used in violation of any such regulation.

      For a complete statement of CINMS regulations, see the National Marine Sanctuary Act and the National Marine Sanctuary Program Regulations.


      Other agencies that have management responsibility and regulations:

      CHANNEL ISLANDS NATIONAL PARK

      The National Park Service (NPS) is responsible for managing the Channel Islands National Park which includes the northern Channel Islands (San Miguel, Santa Rosa, Santa Cruz and Anacapa) and Santa Barbara Island. The NPS has administrative jurisdiction includes a one nautical mile boundary around the islands. Through a cooperative agreement with the sanctuary the NPS has assumed additional responsibilities in the CINMS relating to research and resource protection.

      Channel Islands National Park, 1901 Spinnaker Drive, Ventura CA 93001 (805) 658-5700.

      THE NATURE CONSERVANCY

      The Nature Conservancy, which owns nine-tenths of Santa Cruz Island, is a national, private, nonprofit conservation organization dedicated to the preservation of the island. Landing on the island is by permit only.
      The Nature Conservancy, 213 Stearn's Wharf, Santa Barbara, CA, 93101 (805) 962-9111.

      CALIFORNIA DEPARTMENT OF FISH AND GAME

      The California Department of Fish & Game is responsible for the management of living marine resources in the sanctuary from mean high tide to three nautical miles offshore. State management is aimed at the conservation, maintenance, and utilization of living marine resources. The primary management vehicle is the dissemination and enforcement of California commercial and sport fishing regulations which are updated periodically by the Fish & Game Commission. Fishing in the sanctuary requires a state license.
      California Department of Fish & Game, Marine Resources Division, 1416 Ninth Street, Sacramento, CA 95814 (916) 653-6281.

      UNITED STATES COAST GUARD

      The United States Coast Guard enforces regulations related to vessel safety, foreign fishing, entry of foreign aliens, drug trafficking, and ocean dumping. They also conduct search and rescue operations, and respond to complaints of improper conduct and vessel operation within the sanctuary
      United States Coast Guard, 111 Harbor Way, Santa Barbara, CA 93109 (805) 962-7430. .

      NATIONAL MARINE FISHERIES SERVICE

      All marine mammals in the sanctuary are protected by the Marine Mammal Protection Act of 1972, which stipulates that they may not be harassed, hunted, captured or killed. According to the Act, harassment may be interpreted as any activity that alters the behavior of the animals. The National Marine Fisheries Service also assists in the enforcement of the Pacific Fishery Management Council's Fishery Management Plans for anchovies, ground fish and salmon in federal waters (beyond 3 nautical miles from mean high tide).
      NOAA National Marine Fisheries Service, Southwest Region, 501 W. Ocean Blvd, Suite 4200, Long Beach, California 90802. Our main telephone number is (562)980-4000.

      ENDANGERED SPECIES ACT AND THE FISH AND WILDLIFE COORDINATION ACT

      The Endangered Species Act (ESA) and the Fish and Wildlife Coordination Act (FWCA) are major federal statutes designed to protect plant and animal resources from adverse effects due to development projects. Both acts require consultation with wildlife authorities before commiting resources to certain types of projects.

      NOAA Channel Islands National Marine Sanctuary,
      113 Harbor Way, Santa Barbara, CA 93109 (805) 966-7107., Contact the CINMS Manager

     

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Revised September 05, 2006 by The CINMS webmaster
National Ocean Service | National Oceanic and Atmospheric Administration | U.S. Department of Commerce
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