Sanctuary
Regulations
Channel Islands National Marine Sanctuary regulations are listed in the Code of Federal Regulations at Title 15, Sections 922.71 through 922.74. A reprint of these regulations appears below, as excerpted from the Final Rule published on January 16, 2009 (Vol. 74, No. 11):
PART
922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
§
922.70 Boundary.
The
Channel Islands National Marine Sanctuary (Sanctuary) consists
of an area of approximately 1,110 square nautical miles (nmi)
of coastal and ocean waters, and the submerged lands thereunder,
off the southern coast of California. The Sanctuary boundary begins
at the Mean High Water Line of and extends seaward to a distance
of
approximately six nmi from the following islands and offshore
rocks: San Miguel Island, Santa Cruz Island, Santa Rosa Island,
Anacapa Island, Santa Barbara Island, Richardson Rock, and Castle
Rock (the Islands). The seaward boundary coordinates are listed
in Appendix A to this subpart.
§
922.71 Definitions.
In
addition to those definitions found at 15 CFR 922.3, the following
definitions apply to this subpart:
Cruise ship means a vessel with 250 or more passenger berths for
hire.
Graywater means galley, bath, or shower water.
Introduced species means any species (including but not limited
to any of its biological matter capable of propagation) that is
non-native to the ecosystems of the Sanctuary; or any organism
into which altered genetic matter, or genetic matter from another
species, has been transferred in order that the host organism
acquires the genetic traits of the transferred genes.
Motorized personal watercraft means a vessel, usually less than
16 feet in length, which uses an inboard, internal combustion
engine powering a water jet pump as its primary source of propulsion.
The vessel is intended to be operated by a person or persons sitting,
standing or kneeling on the vessel, rather than within the confines
of the hull. The length is measured from end to end over the deck
excluding sheer, meaning a straight line measurement of the overall
length from the foremost part of the vessel to the aftermost part
of the vessel, measured parallel to the centerline. Bow sprits,
bumpkins, rudders, outboard motor brackets, and similar fittings
or attachments, are not included in the measurement. Length is
stated in feet and inches.
Oceangoing ship means a private, commercial, government,
or military vessel of 300 gross registered tons or more, not including
cruise ships.
Pelagic
finfish are defined as: Northern anchovy (Engraulis mordax),
barracudas (Sphyraena spp.), billfishes (family Istiophoridae),
dolphinfish (Coryphaena hippurus), Pacific herring (Clupea
pallasi), jack mackerel (Trachurus symmetricus),
Pacific
mackerel (Scomber japonicus), salmon (Oncorhynchus
spp.), Pacific sardine (Sardinops sagax), blue shark
(Prionace glauca), salmon shark (Lamna ditropis),
shortfin mako shark (Isurus oxyrinchus), thresher sharks
(Alopias spp.), swordfish (Xiphias gladius),
tunas (family Scombridae), and yellowtail (Seriola
lalandi).
Stowed and not available for immediate use means
not readily accessible for immediate use, e.g., by being securely
covered and lashed to a deck or bulkhead, tied down, unbaited,
unloaded, or partially disassembled (such as spear shafts being
kept separate from spear guns)
§
922.72 Prohibited or otherwise regulated activities—Sanctuary-wide.
(a)
Except as specified in paragraphs (b) through (e) of this section,
the following activities are prohibited and thus unlawful for
any person to conduct or cause to be conducted:
(1) Exploring for, developing, or producing hydrocarbons within
the Sanctuary, except pursuant to leases executed prior to March
30, 1981, and except the laying of pipeline pursuant to exploring
for, developing, or producing hydrocarbons.
(2) Exploring for, developing, or producing minerals within the
Sanctuary, except producing byproducts incidental to hydrocarbon
production allowed by paragraph (a)(1) of this section.
(3)(i) Discharging or depositing from within or into the Sanctuary
any material or other matter except:
(A) Fish, fish parts, or chumming materials (bait) used in or
resulting from lawful fishing activity within the Sanctuary, provided
that such discharge or deposit is during the conduct of lawful
fishing activity within the Sanctuary;
(B) For a vessel less than 300 gross registered tons (GRT), or
an oceangoing ship without sufficient holding tank capacity to
hold sewage while within the Sanctuary, biodegradable effluent
generated incidental to vessel use by an operable Type I or II
marine sanitation device (U.S. Coast Guard classification) approved
in accordance with section 312 of the Federal Water Pollution
Control Act, as amended, (FWPCA), 33 U.S.C. 1321 et seq. Vessel
operators must lock all marine sanitation devices in a manner
that prevents discharge or deposit of untreated sewage;
(C) Biodegradable matter from:
(1) Vessel deck wash down;
(2) Vessel engine cooling water;
(3) Graywater from a vessel less than 300 gross registered tons;
(4) Graywater from an oceangoing ship without sufficient holding
tank capacity to hold graywater while within the Sanctuary;
(D) Vessel engine or generator exhaust;
(E) Effluent routinely and necessarily discharged or deposited
incidental to hydrocarbon exploration, development, or production
allowed by paragraph (a)(1) of this section; or
(F) Discharge allowed under section 312(n) of the FWPCA.
(ii) Discharging or depositing from beyond the boundary of the
Sanctuary any material or other matter that subsequently enters
the Sanctuary and injures a Sanctuary resource or quality, except
those listed in paragraphs (a)(3)(i)(B) through (F) of this section
and fish, fish parts, or chumming materials (bait) used in or
resulting from lawful fishing activity beyond the boundary of
the Sanctuary, provided that such discharge or deposit is during
the conduct of lawful fishing activity there.
(4) Drilling into, dredging, or otherwise altering the submerged
lands of the Sanctuary; or constructing or placing any structure,
material, or other matter on or in the submerged lands of the
Sanctuary, except as incidental to and necessary to:
(i) Anchor a vessel;
(ii) Install an authorized navigational aid;
(iii) Conduct lawful fishing activity;
(iv) Lay pipeline pursuant to exploring for, developing, or producing
hydrocarbons; or
(v) Explore for, develop, or produce hydrocarbons as allowed by
paragraph (a)(1) of this section.
(5) Abandoning any structure, material, or other matter on or
in the submerged lands of the Sanctuary.
(6) Except to transport persons or supplies to or from any Island,
operating within one nmi of any Island any vessel engaged in the
trade of carrying cargo, including, but not limited to, tankers
and other bulk carriers and barges, any vessel engaged in the
trade of servicing offshore installations, or any vessel of three
hundred gross registered tons or more, except fishing or kelp
harvesting vessels.
(7) Disturbing a seabird or marine mammal by flying a motorized
aircraft at less than 1,000 feet over the waters within one nautical mile
of any Island, except to engage in kelp bed surveys or to transport persons or supplies to or from an Island. Failure to maintain a minimum altitude of 1,000 feet above ground level over such waters is presumed to disturb marine mammals or seabirds.
(8) Moving, removing, injuring, or possessing, or attempting to
move, remove, injure, or possess a Sanctuary historical resource.
(9) Taking any marine mammal, sea turtle, or seabird within or
above the Sanctuary, except as authorized by the Marine Mammal
Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq., Endangered
Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq., Migratory
Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq., or
any regulation, as amended, promulgated under the MMPA, ESA, or
MBTA.
(10) Possessing within the Sanctuary (regardless of where taken
from, moved, or removed from) any marine mammal, sea turtle, or
seabird, except as authorized by the MMPA, ESA, MBTA, or any regulation,
as amended, promulgated under the MMPA, ESA, or MBTA.
(11) Marking, defacing, damaging, moving, removing, or tampering
with any sign, notice, or placard, whether temporary or permanent,
or any monument, stake, post, or other boundary marker related
to the Sanctuary.
(12) Introducing or otherwise releasing from within or into the
Sanctuary an introduced species, except striped bass (Morone
saxatilis) released during catch and release fishing activity.
(13) Operating a motorized personal watercraft within waters of
the Sanctuary that are coextensive with the Channel Islands National
Park, established by 16 U.S.C. 410(ff).
(b) (1) The prohibitions in paragraphs (a)(3) through (13) of
this section and in § 922.73 do not apply to military activities
carried out by DOD as of the effective date of these regulations
and specifically identified in section 3.5.9 (Department of Defense
Activities) of the Final Channel Islands National Marine Sanctuary
Management Plan/Final Environmental Impact Statement (FMP/FEIS),
Volume II: Environmental Impact Statement, 2008, authored and
published by NOAA (‘‘pre-existing activities’’).
Copies of the document are available from the Channel Islands
National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109.
Other military activities carried out by DOD may be exempted by
the Director after consultation between the Director and DOD.
(2) A military activity carried out by DOD as of the effective
date of these regulations and specifically identified in the section
entitled ‘‘Department of Defense Activities’’
of the FMP/FEIS is not considered a pre-existing activity if:
(i) It is modified in such a way that requires the preparation
of an environmental assessment or environmental impact statement
under the National Environmental Policy Act, 42 U.S.C. 4321 et
seq., relevant to a Sanctuary resource or quality;
(ii) It is modified, including but not limited to changes in location
or frequency, in such a way that its possible adverse effects
on Sanctuary resources or qualities are significantly greater
than previously considered for the unmodified activity;
(iii) It is modified, including but not limited to changes in
location or frequency, in such a way that its possible adverse
effects on Sanctuary resources or qualities are significantly
different in manner than previously considered for the unmodified
activity; or
(iv) There are new circumstances or information relevant to a
Sanctuary resource or quality that were not addressed in the FMP/FEIS.
(3) In the event of destruction of, loss of, or injury to a Sanctuary
resource or quality resulting from an incident, including, but
not limited to, discharges, deposits, and groundings, caused by
a DOD activity, DOD, in coordination with the Director, must promptly
prevent and mitigate further damage and must restore or replace
the Sanctuary resource or quality in a manner approved by the
Director.
(4) All DOD activities must be carried out in a manner that avoids
to the maximum extent practicable any adverse impacts on Sanctuary
resources and qualities.
(c) The prohibitions in paragraphs (a)(3) through (10), (a)(12),
and (a)(13) of this section and in § 922.73 do not apply
to any activity conducted under and in accordance with the scope,
purpose, terms, and conditions of a National Marine Sanctuary
permit issued pursuant to 15 CFR 922.48 and 922.74.
(d) The prohibitions in paragraphs (a)(3) through (11) and (a)(13)
of this section and in § 922.73 do not apply to any activity
necessary to respond to an emergency threatening life, property,
or the environment.
(e) The prohibitions in paragraphs (a)(3) through (11) and (a)(13)
of this section and in § 922.73 do not apply to any activity
necessary for valid law enforcement purposes in the Sanctuary.
§ 922.73 Additional prohibited or otherwise regulated activities—marine
reserves and marine conservation area.
(a)
Marine reserves. Unless prohibited by 50 CFR part 660 (Fisheries
off West Coast States), the following activities are prohibited
and thus unlawful for any person to conduct or cause to be conducted
within a marine reserve described in Appendix B to this subpart,
except as specified in paragraphs (b) through (e) of § 922.72:
(1) Harvesting, removing, taking, injuring, destroying, collecting,
moving, or causing the loss of any Sanctuary resource, or attempting
any of these activities.
(2) Possessing fishing gear on board a vessel unless such gear
is stowed and not available for immediate use.
(3) Possessing any Sanctuary resource, except legally harvested
fish on board a vessel at anchor or in transit.
(b) Marine conservation area. Unless prohibited by 50 CFR part
660 (Fisheries off West Coast States), the following activities
are prohibited and thus unlawful for any person to conduct or
cause to be conducted within the marine conservation area described
in Appendix C to this subpart, except as specified in paragraphs
(b) through (e) of § 922.72:
(1) Harvesting, removing, taking, injuring, destroying, collecting,
moving, or causing the loss of any Sanctuary resource, or attempting
any of these activities, except:
(i) Recreational fishing for pelagic finfish; or
(ii) Commercial and recreational fishing for lobster.
(2) Possessing fishing gear on board a vessel, except legal fishing
gear used to fish for lobster or pelagic finfish, unless such
gear is stowed and not available for immediate use.
(3) Possessing any Sanctuary resource, except legally harvested
fish.
§
922.74 Permit procedures and issuance criteria.
(a) A person may conduct an activity prohibited by § 922.72(a)(3)
through (10), (a)(12), and (a)(13), and § 922.73, if such
activity is specifically authorized by, and conducted in accordance
with the scope, purpose, terms, and conditions of, a permit issued
under § 922.48 and this section.
(b) The Director, at his or her sole discretion, may issue a permit,
subject to terms and conditions as he or she deems appropriate,
to conduct an activity prohibited by § 922.72(a)(3) through
(10), (a)(12), and (a)(13), and § 922.73, if the Director
finds that the activity:
(1) Is appropriate research designed to further understanding
of Sanctuary resources and qualities;
(2) Will further the educational value of the Sanctuary;
(3) Will further salvage or recovery operations in or near the
Sanctuary in connection with a recent air or marine casualty;
(4) Will assist in managing the Sanctuary; or
(5) Will further salvage or recovery operations in connection
with an abandoned shipwreck in the Sanctuary title to which is
held by the State of California.
(c) The Director may not issue a permit under § 922.48 and
this section unless the Director also finds that:
(1) The proposed activity will have at most short-term and negligible
adverse effects on Sanctuary resources and qualities;
(2) The applicant is professionally qualified to conduct and complete
the proposed activity;
(3) The applicant has adequate financial resources available to
conduct and complete the proposed activity;
(4) The duration of the proposed activity is no longer than necessary
to achieve its stated purpose;
(5) The methods and procedures proposed by the applicant are appropriate
to achieve the goals of the proposed activity, especially in relation
to the potential effects of the proposed activity on Sanctuary
resources and qualities;
(6) The proposed activity will be conducted in a manner compatible
with the primary objective of protection of Sanctuary resources
and qualities, considering the extent to which the conduct of
the activity may diminish or enhance Sanctuary resources and qualities,
any potential indirect, secondary, or cumulative effects of the
activity, and the duration of such effects;
(7) The proposed activity will be conducted in a manner compatible
with the value of the Sanctuary as a source of recreation and
as a source of educational and scientific information, considering
the extent to which the conduct of the activity may result in
conflicts between different users of the Sanctuary and the duration
of such effects;
(8) It is necessary to conduct the proposed activity within the
Sanctuary;
(9) The reasonably expected end value of the proposed activity
furthers Sanctuary goals and purposes and outweighs any potential
adverse effects on Sanctuary resources and qualities from the
conduct of the activity; and
(10) Any other matters the Director deems appropriate do not make
the issuance of a permit for the proposed activity inappropriate.
(d) Applications.
(1) Applications for permits should be addressed to the Director,
Office of National Marine Sanctuaries; ATTN: Manager, Channel
Islands National Marine Sanctuary, 113 Harbor Way, Santa Barbara,
CA 93109.
(2) In addition to the information listed in § 922.48(b),
all applications must include information the Director needs to
make the findings in paragraphs (b) and (c) of this section.
(e) In addition to any other terms and conditions that the Director
deems appropriate, a permit issued pursuant to this section must
require that the permittee agree to hold the United States harmless
against any claims arising out of the conduct of the permitted
activities.
Within
the Sanctuary...Who Regulates What?
The
Channel Islands National Marine Sanctuary (CINMS) was designated
on September 22, 1980 to protect the area’s nationally significant
cultural and natural resources. Administered by the National Oceanic
and Atmospheric Administration (NOAA)
the sanctuary encompasses the waters surrounding the northern
Channel Islands and Santa Barbara Island from high tide to six
nautical miles offshore. The sanctuary includes approximately
1,470 square miles (or 1,110 square nautical miles). The sanctuary
includes the entire three miles (0 to 3 nautical miles from island
shores) of California state waters plus an approximate equal distance
of Federal waters (3 to 6 nautical miles from island shores).
The CINMS completely surrounds the Channel
Islands National Park. Click
here to see a map of the sanctuary. The sanctuary is an area
of multiple uses. The harvesting of kelp, fish and invertebrates
is permitted in most areas within the sanctuary outside of marine
reserves and conservation areas. NOAA’s Office
of National Marine Sanctuaries emphasizes the protection of
special marine areas for the long-term benefit and enjoyment of
the public. Sanctuary management focuses on coordination and implementation
of research, monitoring, education, outreach, volunteer, and enforcement
programs that enhance cultural and natural resource protection.
To further promote comprehensive protection of sanctuary resources,
NOAA has also developed cooperative agreements, interagency agreements
and memorandums of understanding with several regulatory agencies.
Sanctuary
regulations are listed above, and are authorized pursuant to the
National Marine Sanctuaries Act. A summary of rules and regulations
affecting the Channel Islands can be found in the brochure Protecting
your Channel Islands 
pdf
(3MB).
Other
agencies that have management responsibility and regulations:
CHANNEL ISLANDS NATIONAL PARK
TThe 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 that includes
a one nautical mile marine boundary area around the islands. Through
a cooperative agreement with the sanctuary the NPS has assumed
additional responsibilities in the CINMS relating to research,
resource protection, and enforcement.
Contact: Channel Islands National Park, 1901 Spinnaker Drive,
Ventura CA 93001 (805) 658-5700.
THE
NATURE CONSERVANCY
The Nature Conservancy, which owns 76% 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.
Contact: The Nature Conservancy
Ventura Field Office
3639 Harbor Blvd., Ste. 201
Ventura, CA 93001
(805) 642-0345
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, and includes management responsibility
(implemented jointly with CINMS) for the network of state marine
protected areas within the sanctuary. A 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.
Contact: California Department of Fish & Game, Marine Resources
Division, 1416 Ninth Street, Sacramento, CA 95814 (916) 653-6281.
UNITED STATES COAST GUARD
The U.S. Coast Guard’s diverse missions include homeland
security, search and rescue, law enforcement, marine safety, environmental
protection, spill response, migrant interdiction, fisheries enforcement,
drug interdiction, national defense, aids to navigation, and more.
As the nation’s primary maritime law enforcement agency,
the Coast Guard has broad responsibility for enforcing all federal
laws and regulations throughout the Sanctuary, and assists NOAA
in the enforcement of CINMS regulations.
Contact: United States Coast Guard, 111 Harbor Way,
Santa Barbara, CA 93109 (805) 962-7430. .
NATIONAL
MARINE FISHERIES SERVICE
NOAA’s National Marine Fisheries Service (NMFS), in conjunction
with state resource agencies (such as the California Department
of Fish and Game) approves and enforces Fishery Management Plans
prepared by regional fishery management councils under the Magnuson-Stevens
Fishery Conservation and Management Act (MSA). NMFS also shares
responsibility with the U.S. Fish and Wildlife Service for the
implementation of the Marine Mammal Protection Act and the Endangered
Species Act, both of which prevent the taking of any endangered,
threatened, or otherwise depleted species.
Contact: NOAA National Marine Fisheries Service, Southwest Region,
501 W. Ocean Blvd, Suite 4200, Long Beach, California 90802.
(562)980-4000.
U.S.
FISH AND WILDLIFE SERVICE
US Fish and Wildlife Service (USFWS) works to conserve, protect,
and enhance fish (freshwater species), wildlife, and plants and
their habitats. USFWS shares responsibility with NOAA Fisheries
for implementing the Marine Mammal Protection Act and the Endangered
Species Act (USFWS is responsible for managing sea otters, walruses
and brown pelicans; NOAA Fisheries is responsible for all other
marine mammals).
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