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Coast Pilot 7 - Chapter 2 - Edition 49, 2017


Navigation Regulations

(1) This chapter contains extracts from Code of Federal Regulations (CFR) that are of importance to mariners in the area covered by this Coast Pilot. Sections of little value to the mariner are sometimes omitted. Omitted sections are signified by the following [...]

(2) Extracts from the following titles are contained in this chapter.

(3) 
 Title 15 (15 CFR): Commerce and Foreign Trade
(4) Part 922–National Marine Sanctuary Program Regulations

(5) 
 Title 33 (33 CFR): Navigation and Navigable Waters
(6) Part 26–Vessel Bridge-to-Bridge Radiotelephone Regulations

(7) Part 80–COLREGS Demarcation Lines

(8) Part 110–Anchorage Regulations

(9) Part 117–Drawbridge Operation Regulations

(10) Part 147–Safety Zones

(11) Part 157–Rules for the Protection of the Marine Environment Relating to Tank Vessels Carrying Oil in Bulk

(12) Part 160–Ports and Waterways Safety-General

(13) Part 161–Vessel Traffic Management

(14) Part 162–Inland Waterways Navigation Regulations

(15) Part 164–Navigation Safety Regulations (in part)

(16) Part 165–Regulated Navigation Areas and Limited Access Areas

(17) Part 166–Shipping Safety Fairways

(18) Part 167–Offshore Traffic Separation Schemes

(19) Part 168–Escort Requirements for Certain Tankers

(20) Part 169–Ship Reporting Systems

(21) Part 207–Navigation Regulations

(22) Part 334–Danger Zones and Restricted Area Regulations

(23) 
 Title 40 (40 CFR): Protection of Environment
(24) Part 140–Marine Sanitation Device Standard

(25) 
 Title 46 (46 CFR): Shipping
(26) Part 15–Manning Requirements

(27) 
 Title 50 (50 CFR): Wildlife and Fisheries
(28) Part 224–Endangered Marine and Anadromous Species

(29) Part 404–Papahānaumokuākea Marine National Monument

(30) 
 Note
(31) These regulations can only be amended by the enforcing agency or other authority cited in the regulations. Accordingly, requests for changes to these regulations should be directed to the appropriate agency for action. In those regulations where the enforcing agency is not cited or is unclear, recommendations for changes should be directed to the following Federal agencies for action:

(32) National Oceanic and Atmospheric Administration: (15 CFR 922);

(33) U.S. Coast Guard: (33 CFR 26, 80, 110, 117, 147, 157, 160, 161, 162, 164, 165, 166, 167, and 168; 46 CFR 15);

(34) U.S. Army Corps of Engineers: (33 CFR 207 and 334).

(35) Environmental Protection Agency: (40 CFR 140).

(36) 
 TITLE 15 – COMMERCE AND FOREIGN TRADE

(37) 
 Part 922 – National Marine Sanctuary Program Regulations

(38) 
 Subpart A – General

(39) 
 § 922.1 Applicability of regulations.
(40) Unless noted otherwise, the regulations in subparts A, D and E apply to all thirteen National Marine Sanctuaries for which site-specific regulations appear in Subparts F through R, respectively. Subparts B and C apply to the site evaluation list and to the designation of future Sanctuaries.

(41) 
 § 922.2 Mission, goals, and special policies.
(42) (a) In accordance with the standards set forth in title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, also known as the National Marine Sanctuaries Act (Act) the mission of the National Marine Sanctuary program (Program) is to identify, designate and manage areas of the marine environment of special national, and in some cases international, significance due to their conservation, recreational, ecological, historical, research, educational, or aesthetic qualities.

(43) (b) The goals of the Program are to carry out the mission to:

(44) (1) Identify and designate as National Marine Sanctuaries areas of the marine environment which are of special national significance;

(45) (2) Provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities;

(46) (3) Support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas;

(47) (4) Enhance public awareness, understanding, appreciation, and wise use of the marine environment;

(48) (5) Facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities;

(49) (6) Develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas;

(50) (7) Create models of, and incentives for, ways to conserve and manage these areas;

(51) (8) Cooperate with global programs encouraging conservation of marine resources; and

(52) (9) Maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.

(53) (c) To the extent consistent with the policies set forth in the Act, in carrying out the Program’s mission and goals:

(54) (1) Particular attention will be given to the establishment and management of marine areas as National Marine Sanctuaries for the protection of the area’s natural resource and ecosystem values; particularly for ecologically or economically important or threatened species or species assemblages, and for offshore areas where there are no existing special area protection mechanisms;

(55) (2) The size of a National Marine Sanctuary, while highly dependent on the nature of the site’s resources, will be no larger than necessary to ensure effective management;

(56) (d) Management efforts will be coordinated to the extent practicable with other countries managing marine protected areas;

(57) (e) Program regulations, policies, standards, guidelines, and procedures under the Act concerning the identification, evaluation, registration, and treatment of historical resources shall be consistent, to the extent practicable, with the declared national policy for the protection and preservation of these resources as stated in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., the Archeological and Historical Preservation Act of 1974, 16 U.S.C. 469 et seq., and the Archeological Resources Protection Act of 1979 (ARPA), 16 U.S.C. 470aa et seq. The same degree of regulatory protection and preservation planning policy extended to historical resources on land shall be extended, to the extent practicable, to historical resources in the marine environment within the boundaries of designated National Marine Sanctuaries. The management of historical resources under the authority of the Act shall be consistent, to the extent practicable, with the Federal archeological program by consulting the Uniform Regulations, ARPA (43 CFR part 7) and other relevant Federal regulations. The Secretary of the Interior’s Standards and Guidelines for Archeology may also be consulted for guidance. These guidelines are available from the Office of Ocean and Coastal Management at (301) 713–3125.

(58) 
 § 922.3 Definitions.
(59) Act means title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. 1431 et seq., also known as the National Marine Sanctuaries Act.

(60) Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration (NOAA), or designee.

(61) Benthic community means the assemblage of organisms, substrate, and structural formations found at or near the bottom that is periodically or permanently covered by water.

(62) Commercial fishing means any activity that results in the sale or trade for intended profit of fish, shellfish, algae, or corals.

(63) Conventional hook and line gear means any fishing apparatus operated aboard a vessel and composed of a single line terminated by a combination of sinkers and hooks or lures and spooled upon a reel that may be hand or electrically operated, hand-held or mounted. This term does not include bottom longlines.

(64) Cultural resources means any historical or cultural feature, including archaeological sites, historic structures, shipwrecks, and artifacts.

(65) Director means, except where otherwise specified, the Director of the Office of Ocean and Coastal Resource Management, NOAA, or designee.

(66) Exclusive economic zone means the exclusive economic zone as defined in the Magnuson Fishery Conservation and Management Act, 16 U.S. 1801 et seq.

(67) Fish wastes means waste materials resulting from commercial fish processing operations.

(68) Historical resource means any resource possessing historical, cultural, archaeological or paleontological significance, including sites, contextual information, structures, districts, and objects significantly associated with or representative of earlier people, cultures, maritime heritage, and human activities and events. Historical resources include “submerged cultural resources” and also include “historical properties” as defined in the National Historic Preservation Act, as amended, and its implementing regulations, as amended.

(69) Indian tribe means any American Indian tribe, band, group, or community recognized as such by the Secretary of the Interior.

(70) Injure means to change adversely, either in the long or short term, a chemical, biological or physical attribute of, or the viability of. This includes, but is not limited to, to cause the loss of or destroy.

(71) Inventory means a list of nominated areas selected by the Director as qualifying for future consideration of designation as a national marine sanctuary.

(72) Lightering means at-sea transfer of petroleum-based products, materials or other matter from vessel to vessel.

(73) Marine means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law.

(74) Mineral means clay, stone, sand, gravel, metalliferous ore, non-metalliferous ore, or any other solid material or other matter of commercial value.

(75) National historic landmark means a district, site, building, structure or object designated as such by the Secretary of the Interior under the National Historic Landmarks Program (36 CFR part 65).

(76) National Marine Sanctuary means an area of the marine environment of special national significance due to its resource or human-use values, which is designated as such to ensure its conservation and management.

(77) Person means any private individual, partnership, corporation or other entity; or any officer, employee, agent, department, agency or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.

(78) Regional Fishery Management Council means any fishery council established under section 302 of the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.

(79) Sanctuary quality means any particular and essential characteristic of a Sanctuary, including, but not limited to, water, sediment, and air quality.

(80) Sanctuary resource means any living or non-living resource of a National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources.

(81) Secretary means the Secretary of the United States Department of Commerce, or designee.

(82) Shunt means to discharge expended drilling cuttings and fluids near the ocean seafloor.

(83) State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the United States Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States.

(84) Subsistence use means the customary and traditional use by rural residents of areas near or in the marine environment for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles; and for barter, if for food or non-edible items other than money, if the exchange is of a limited and non-commercial nature.

(85) Take or taking means:

(86) (1) For any marine mammal, sea turtle, or seabird listed as either endangered or threatened pursuant to the Endangered Species Act, to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure, or to attempt to engage in any such conduct;

(87) (2) For any other marine mammal, sea turtle, or seabird, to harass, hunt, capture, kill, collect or injure, or to attempt to engage in any such conduct.

(88) For the purpose of both (1) and (2) of this definition, this includes, but is not limited to, to collect any dead or injured marine mammal, sea turtle or seabird, or any part thereof; to restrain or detain any marine mammal, sea turtle or seabird, or any part thereof, no matter how temporarily; to tag any sea turtle, marine mammal or seabird; to operate a vessel or aircraft or to do any other act that results in the disturbance or molestation of any marine mammal, sea turtle or seabird.

(89) Tropical fish means fish or minimal sport and food value, usually brightly colored, often used for aquaria purposes and which lives in a direct relationship with live bottom communities.

(90) Vessel means a watercraft of any description capable of being used as a means of transportation in/on the waters of the Sanctuary.

(91) 
 § 922.4 Effect of National Marine Sanctuary designation.
(92) The designation of a National Marine Sanctuary, and the regulations implementing it, are binding on any person subject to the jurisdiction of the United States. Designation does not constitute any claim to territorial jurisdiction on the part of the United States for designated sites beyond the U.S. territorial sea, and the regulations implementing the designation shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance with:

(93) (a) Generally recognized principles of international law;

(94) (b) An agreement between the United States and the foreign state of which the person is a citizen; or

(95) (c) An agreement between the United States and the flag state of the foreign vessel, if the person is a crew member of the vessel.

(96) 
 Subpart D – Management Plan Development and Implementation

(97) 
 § 922.30 General.
(98) (a) The Secretary shall implement each management plan, and applicable regulations, including carrying out surveillance and enforcement activities and conducting such research, monitoring, evaluation, and education programs as are necessary and reasonable to carry out the purposes and policies of the Act.

(99) (b) Consistent with Sanctuary management plans, the Secretary shall develop and implement site-specific contingency and emergency-response plans designed to protect Sanctuary resources. The plans shall contain alert procedures and actions to be taken in the event of an emergency such as a shipwreck or an oil spill.

(100) 
 § 922.31 Promotion and coordination of Sanctuary use.
(101) The Secretary shall take such action as is necessary and reasonable to promote and coordinate the use of National Marine Sanctuaries for research, monitoring, and education purposes. Such action may include consulting with Federal agencies, or other persons to promote use of one or more Sanctuaries for research, monitoring and education, including coordination with the National Estuarine Research Reserve System.

(102) 
 Subpart E – Regulations of General Applicability

(103) 
 § 922.40 Purpose.
(104) The purpose of the regulations in this Subpart and in Subparts F through R is to implement the designations of the thirteen National Marine Sanctuaries for which site specific regulations appear in Subparts F through R, respectively, by regulating activities affecting them, consistent with their respective terms of designation in order to protect, preserve and manage and thereby ensure the health, integrity and continued availability of the conservation, ecological, recreational, research, educational, historical and aesthetic resources and qualities of these areas. Additional purposes of the regulations implementing the designation of the Florida Keys and Hawai‘ian Islands Humpback Whale National Marine Sanctuaries are found at §§922.160, and 922.180, respectively.

(105) 
 § 922.41 Boundaries.
(106) The boundary for each of the thirteen National Marine Sanctuaries covered by this part is described in Subparts F through R, respectively.

(107) 
 § 922.42 Allowed Activities.
(108) All activities (e.g. fishing, boating, diving, research, education) may be conducted unless prohibited or otherwise regulated in Subparts F through R, subject to any emergency regulations promulgated pursuant to §§922.44, 922.111(c), 922.165, 922.186, or 922.196, subject to all prohibitions, regulations, restrictions, and conditions validly imposed by any Federal, State, or local authority of competent jurisdiction, including Federal and State fishery management authorities, and subject to the provisions of section 312 of the National Marine Sanctuaries Act (NMSA), (16 U.S.C. 1431 et seq.). The Assistant Administrator may only directly regulate fishing activities pursuant to the procedure set forth in section 304(a)(5) of the NMSA.

(109) 
 § 922.43 Prohibited or otherwise regulated activities.
(110) Subparts F through R set forth site-specific regulations applicable to the activities specified therein.

(111) 
 § 922.44 Emergency Regulations.
(112) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all such activities are subject to immediate temporary regulation, including prohibition. The provisions of this section do not apply to the Cordell Bank, Florida Keys, Hawai‘ian Islands Humpback Whale, and Thunder Bay National Marine Sanctuaries. See §§922.111(c), 922.165, 922.186, and 922.196, respectively, for the authority to issue emergency regulations with respect to those sanctuaries.

(113) 
 § 922.45 Penalties.
(114) (a) Each violation of the NMSA or FKNMSPA, any regulation in this part, or any permit issued pursuant thereto, is subject to a civil penalty of not more than $100,000. Each day of a continuing violation constitutes a separate violation.

(115) (b) Regulations setting forth the procedures governing administrative proceedings for assessment of civil penalties, permit sanctions, and denials for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904.

(116) 
 § 922.46 Response costs and damages.
(117) Under section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is liable to the United States for response costs and damages resulting from such destruction, loss or injury, and any vessel used to destroy, cause the loss of, or injure any Sanctuary resource is liable in rem to the United States for response costs and damages resulting from such destruction, loss or injury.

(118) 
 § 922.47 Pre-existing authorizations or rights and certifications of pre-existing authorizations or rights.
(119) (a) Leases, permits, licenses, or rights of subsistence use or access in existence on the date of designation of any National Marine Sanctuary shall not be terminated by the Director. The Director may, however, regulate the exercise of such leases, permits, licenses, or rights consistent with the purposes for which the Sanctuary was designated.

(120) (b) The prohibitions listed in Subparts F through P, and Subpart R do not apply to any activity authorized by a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, and issued by any Federal, State or local authority of competent jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, provided that the holder of such authorization or right complies with certification procedures and criteria promulgated at the time of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P, and with any terms and conditions on the exercise of such authorization or right imposed by the Director as a condition of certification as the Director deems necessary to achieve the purposes for which the Sanctuary was designated.

(121) 
 § 922.48 National Marine Sanctuary permits – application procedures and issuance criteria.
(122) (a) A person may conduct an activity prohibited by Subparts F through O, if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and Subparts F through O, as appropriate. For the Florida Keys National Marine Sanctuary, a person may conduct an activity prohibited by Subpart P if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under §922.166. For the Thunder Bay National Marine Sanctuary and Underwater Preserve, a person may conduct an activity prohibited by Subpart R in accordance with the scope, purpose, terms and conditions of a permit issued under §922.195.

(123) (b) Applications for permits to conduct activities otherwise prohibited by Subparts F through O should be addressed to the Director and sent to the address specified in Subparts F through O, or Subpart R, as appropriate. An application must include:

(124) (1) A detailed description of the proposed activity including a timetable for completion;

(125) (2) The equipment, personnel and methodology to be employed;

(126) (3) The qualifications and experience of all personnel;

(127) (4) The potential effects of the activity, if any, on Sanctuary resources and qualities; and

(128) (5) Copies of all other required licenses, permits, approvals or other authorizations.

(129) (c) Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems necessary to act on the application and may seek the views of any persons or entity, within or outside the Federal government, and may hold a public hearing, as deemed appropriate.

(130) (d) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct a prohibited activity, in accordance with the criteria found in Subparts F through O, or Subpart R, as appropriate. The Director shall further impose, at a minimum, the conditions set forth in the relevant subpart.

(131) (e) A permit granted pursuant to this section is nontransferable.

(132) (f) The Director may amend, suspend, or revoke a permit issued pursuant to this section for good cause. The Director may deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms and conditions of a permit or of the regulations set forth in this section or Subparts F through O, Subpart R or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in subpart D of 15 CFR part 904.

(133) 
 § 922.49 Notification and review of applications for leases, licenses, permits, approvals or other authorizations to conduct a prohibited activity.
(134) (a) A person may conduct an activity prohibited by Subparts L through P, or Subpart R, if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary after the effective date of the regulations in Subpart P provided that:

(135) (1) The applicant notifies the Director, in writing, of the application for such authorization (and of any application for an amendment, renewal, or extension of such authorization) within fifteen (15) days of the date of filing of the application or the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in Subpart P of this part, whichever is later;

(136) (2) The applicant complies with the other provisions of this §922.49;

(137) (3) The Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization (or amendment, renewal or extension); and

(138) (4) The applicant complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary resources and qualities.

(139) (b) Any potential applicant for an authorization described in Paragraph (a) of this section may request the Director to issue a finding as to whether the activity for which an application is intended to be made is prohibited by Subparts L through P, or Subpart R, as appropriate.

(140) (c) Notification of filings of applications should be sent to the Director, Office of Ocean and Coastal Resource Management at the address specified in Subparts L through P, or Subpart R as appropriate. A copy of the application must accompany the notification.

(141) (d) The Director may request additional information from the applicant as he or she deems reasonably necessary to determine whether to object to issuance of an authorization described in Paragraph (a) of this section, or what terms and conditions are reasonably necessary to protect Sanctuary resources and qualities. The information requested must be received by the Director within 45 days of the postmark date of the request. The Director may seek the views of any persons on the application.

(142) (e) The Director shall notify, in writing, the agency to which application has been made of his or her pending review of the application and possible objection to issuance. Upon completion of review of the application and information received with respect thereto, the Director shall notify both the agency and applicant, in writing, whether he or she has an objection to issuance and what terms and conditions he or she deems reasonably necessary to protect Sanctuary resources and qualities, and reasons therefor.

(143) (f) The director may amend the terms and conditions deemed reasonably necessary to protect Sanctuary resources and qualities whenever additional information becomes available justifying such an amendment.

(144) (g) Any time limit prescribed in or established under this §922.49 may be extended by the Director for good cause.

(145) (h) The applicant may appeal any objection by or terms or conditions imposed by the Director, to the Assistant Administrator in accordance with the procedures set forth in §922.50.

(146) 
 § 922.50 Appeals of administrative action.
(147) (a)(1) Except for permit actions taken for enforcement reasons (see subpart D of 15 CFR part 904 for applicable procedures), an applicant for, or a holder of, a National Marine Sanctuary permit; an applicant for, or a holder of, a Special Use permit pursuant to section 310 of the Act; a person requesting certification of an existing lease, permit, license or right of subsistence use or access under §922.47; or, for those Sanctuaries described in Subparts L through P and Subpart R, an applicant for a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction (hereinafter appellant) may appeal to the Assistant Administrator:

(148) (i) The granting, denial, conditioning, amendment, suspension or revocation by the Director of a National Marine Sanctuary or Special Use permit;

(149) (ii) The conditioning, amendment, suspension or revocation of a certification under §922.47; or

(150) (iii) For those Sanctuaries described in Subparts L through P and Subpart R, the objection to issuance of the imposition of terms and conditions on a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction.

(151) (2) For those National Marine Sanctuaries described in subparts F through K, any interested person may also appeal the same actions described in §922.50(a)(1)(i) and (ii). For appeals arising from actions taken with respect to these National Marine Sanctuaries, the term “appellant” includes any such interested persons.

(152) (b) An appeal under Paragraph (a) of this section must be in writing, state the action(s) by the Director appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice of the action by the Director. Appeals should be addressed to the Assistant Administrator for Ocean Services and Coastal Zone Management, NOAA 1305 East-West Highway, 13th Floor, Silver Spring, MD 20910.

(153) (c)(1) The Assistant Administrator may request the appellant to submit such information as the Assistant Administrator deems necessary in order for him or her to decide the appeal. The information requested must be received by the Assistant Administrator within 45 days of the postmark date of the request. The Assistant Administrator may seek the views of any other persons. For the Monitor National Marine Sanctuary, if the appellant has request a hearing, the Assistant Administrator shall grant an informal hearing. For all other National Marine Sanctuaries, the Assistant Administrator may determine whether to hold an informal hearing on the appeal. If the Assistant Administrator determines that an informal hearing should be held, the Assistant Administrator may designate an officer before whom the hearing shall be held.

(154) (2) The hearing officer shall give notice in the Federal Register of the time, place and subject matter of the hearing. The appellant and the Director may appear personally or by counsel at that hearing and submit such material and present such arguments as deemed appropriate by the hearing officer. Within 60 days after the record for the hearing closes, the hearing officer shall recommend a decision in writing to the Assistant Administrator.

(155) (d) The Assistant Administrator shall decide the appeal using the same regulatory criteria as for the initial decision and shall base the appeal decision on the record before the Director and any information submitted regarding the appeal, and, if a hearing has been held, on the record before the hearing officer and the hearing officer’s recommended decision. The Assistant Administrator shall notify the appellant of the final decision and the reason(s) therefore in writing. The Assistant Administrator’s decision shall constitute final agency action for the purpose of the Administrative Procedure Act.

(156) (e) Any time limit prescribed in or established under this section other than the 30-day limit for filing an appeal may be extended by the Assistant Administrator or hearing office for good cause.

(157) 
 Subpart G – Channel Islands National Marine Sanctuary

(158) 
 § 922.70 Boundary.
(159) 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.

(160) 
 § 922.71 Definitions.
(161) In addition to those definitions found at 15 CFR 922.3, the following definitions apply to this subpart:

(162) Cruise ship means a vessel with 250 or more passenger berths for hire.

(163) Graywater means galley, bath or shower water.

(164) 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.

(165) 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.

(166) Oceangoing ship means a private, commercial, government or military vessel of 300 gross registered tons or more, not including cruise ships.

(167) Pelagic finfish are defined as: Northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes (familyIstiophoridae), 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 oxyrichus) thresher sharks (Alopias spp.) swordfish (Xiphias gladius) tunas (family Scombridae) and yellowtail (Seriola lalandi).

(168) 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).

(169) 
 § 922.72 Prohibited or otherwise regulated activities – Sanctuary-wide.
(170) (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:

(171) (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.

(172) (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.

(173) (3)(i) Discharging or depositing from within or into the Sanctuary any material or other matter except:

(174) (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;

(175) (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;

(176) (C) Biodegradable matter from:

(177) (1) Vessel deck wash down;

(178) (2) Vessel engine cooling water;

(179) (3) Graywater from a vessel less than 300 gross registered tons;

(180) (4) Graywater from an oceangoing ship without sufficient holding tank capacity to hold graywater while within the Sanctuary;

(181) (D) Vessel engine or generator exhaust;

(182) (E) Effluent routinely and necessarily discharged or deposited incidental to hydrocarbon exploration, development, or production allowed by paragraph (a) (1) of this section; or

(183) (F) Discharge allowed under section 312(n) of the FWPCA.

(184) (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 there.

(185) (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:

(186) (i) Anchor a vessel;

(187) (ii) Install an authorized navigational aid;

(188) (iii) Conduct lawful fishing activity;

(189) (iv) Lay pipeline pursuant to exploring for, developing or producing hydrocarbons; or

(190) (v) Explore for, develop, or produce hydrocarbons as allowed by paragraph (a)(1) of this section.

(191) (5) Abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary.

(192) (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.

(193) (7) Disturbing marine mammals or seabirds by flying 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.

(194) (8) Moving, removing, injuring, or possessing, or attempting to move, remove, injure, or possess a Sanctuary historical resource.

(195) (9) Taking any marine mammal, sea turtle, or sea bird 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.

(196) (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.

(197) (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.

(198) (12) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except striped bass (Marone saxatilis) released during catch and release fishing activity.

(199) (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).

(200) (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 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.

(201) (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:

(202) (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;

(203) (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;

(204) (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

(205) (iv) There are new circumstances or information relevant to a Sanctuary resource or quality that was not addressed in the FMP/FEIS.

(206) (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.

(207) (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.

(208) (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.

(209) (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.

(210) (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.

(211) 
 § 922.73 Additional prohibited or otherwise regulated activities – marine reserves and marine conservation area.
(212) (a) Marine reserves. The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within a marine reserve, except as specified in paragraphs (b) through (e) of § 922.72:

(213) (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities.

(214) (2) Possessing fishing gear on board a vessel unless such gear is stowed and not available for immediate use.

(215) (3) Possessing any Sanctuary resource, except legally harvested fish on board a vessel at anchor or in transit.

(216) (b) Marine conservation area. The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the marine conservation area as specified in paragraphs (b) through (e) of §922.72.

(217) (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities, except:

(218) (i) Recreational fishing of pelagic finfish; or

(219) (ii) Commercial and recreational fishing for lobster.

(220) (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.

(221) (3) Possessing any Sanctuary resource except for legally harvested fish.

(222) 
 § 922.74 Permit procedures and issuance criteria.
(223) (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.

(224) (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:

(225) (1) Is appropriate research designed to further understanding of Sanctuary resources and qualities;

(226) (2) Will further the educational value of the Sanctuary;

(227) (3) Will further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty;

(228) (4) Will assist in managing the Sanctuary; or

(229) (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.

(230) (c) The Director may not issue a permit under §922.48 and this section unless the Director also finds that:

(231) (1) The proposed activity will have at most short-term and negligible adverse effects on Sanctuary resources and qualities;

(232) (2) The applicant is professionally qualified to conduct and complete the proposed activity;

(233) (3) The applicant has adequate financial resources available to conduct and complete the proposed activity;

(234) (4) The duration of the proposed activity is no longer than necessary to achieve its stated purpose;

(235) (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;

(236) (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;

(237) (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;

(238) (8) It is necessary to conduct the proposed activity within the Sanctuary;

(239) (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

(240) (10) Any other matters the Director deems appropriate do not make the issuance of a permit for the proposed activity inappropriate.

(241) (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.

(242) (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.

(243) (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.

(244) 
 Appendix A to Subpart G of Part 922 – Channel Islands National Marine Sanctuary Boundary Coordinates
(245)


(246) 
 Subpart H – Greater Farallones National Marine Sanctuary

(247) 
 § 922.80 Boundary.
(248) (a) Greater Farallones National Marine Sanctuary (Sanctuary) encompasses an area of approximately 2,488 square nautical miles (3,295 square miles) of coastal and ocean waters, and submerged lands thereunder, surrounding the Farallon Islands and Noonday Rock along the northern coast of California. The precise boundary coordinates are listed in appendix A to this subpart.

(249) 
 § 922.81 Definitions.
(250) In addition to those definitions found at §922.3, the following definitions apply to this subpart:

(251) Attract or attracting means the conduct of any activity that lure or may lure any animal in the Sanctuary by using food, bait, chum, dyes, decoys (e.g. surfboards or body boards used as decoys), acoustics or any other means, except the mere presence of human beings (e.g. swimmers, divers, boaters, kayakers, surfers).

(252) Clean means not containing detectable levels of harmful matter.

(253) Cruise ship means a vessel with 250 or more passenger berths for hire.

(254) Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going aground or becoming adrift within 12 hours of its discovery and developing and presenting to the Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner.

(255) Harmful matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4.

(256) 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.

(257) Motorized personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.

(258) Routine maintenance means customary and standard procedures for maintaining docks or piers.

(259) Seagrass means any species of marine angiosperms (flowering plants) that inhabit portions of the submerged lands in the Sanctuary. Those species include, but are not limited to: Zostera asiatica and Zostera marina.

(260) Special Wildlife Protection Zones are areas surrounding or adjacent to high abundance of white sharks, breeding pinnipeds (seals and sea lions) or high abundance and high biological diversity of breeding birds that are susceptible to human caused disturbance, including federally listed and specially protected species. Coordinates for Special Wildlife Protection Zones are found in appendix C of this Subpart.

(261) 
 § 922.82 Prohibited or otherwise regulated activities.
(262) (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary:

(263) (1) Exploring for, developing, or producing oil, gas or minerals.

(264) (2) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter except:

(265) (i) 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;

(266) (ii) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device (U.S. Coast Guard classification) that is approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA), 33 U.S.C. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage;

(267) (iii) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash;

(268) (iv) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; or

(269) (v) Vessel engine or generator exhaust.

(270) (3) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash.

(271) (4) 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 for the material or other matter excepted in paragraphs (a)(2)(i) through (v) and (a)(3) of this section.

(272) (5) Constructing any structure other than a navigation aid on or in the submerged lands of the Sanctuary; placing or abandoning any structure on or in the submerged lands of the Sanctuary; or drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary in any way, except:

(273) (i) By anchoring vessels (in a manner not otherwise prohibited by this part (see paragraph (a)(16) of this section);

(274) (ii) While conducting lawful fishing activities;

(275) (iii) Routine maintenance and construction of docks and piers on Tomales Bay; or

(276) (iv) Aquaculture activities conducted pursuant to a valid lease, permit, license or other authorization issued by the State of California.

(277) (6) Operating motorized personal watercraft (MPWC) anywhere in Bodega Bay and anywhere in the Sanctuary south of 38.29800 degrees North Latitude (the southernmost tip of Bodega Head), except for emergency search and rescue missions or law enforcement operations (other than routine training activities) carried out by the National Park Service, U.S. Coast Guard, Fire or Police Departments or other Federal, State or local jurisdictions.

(278) (7) Taking any marine mammal, sea turtle, or bird 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 (ESA), as amended, 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.

(279) (8) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine mammal, sea turtle, or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes.

(280) (9) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a Sanctuary historical resource.

(281) (10) Introducing or otherwise releasing from within or into the Sanctuary an introduced species, except:

(282) (i) Striped bass (Morone saxatilis) released during catch and release fishing activity; or

(283) (ii) Species cultivated by commercial shellfish aquaculture activities in Tomales Bay pursuant to a valid lease, permit, license or other authorization issued by the State of California. Tomales Bay is defined in §922.80. The coordinates for the northern terminus of Tomales Bay are listed in appendix C to this subpart.

(284) (11) Disturbing marine mammals or seabirds by flying motorized aircraft at less than 1,000 feet over the waters within any of the seven designated Special Wildlife Protection Zones described in appendix D to this subpart, except transiting Zone 6 to transport persons or supplies to or from Southeast Farallon Island authorized by the U.S. Fish and Wildlife Service, Farallon National Wildlife Refuge, or for enforcement purposes. Failure to maintain a minimum altitude of 1,000 feet above ground level over such waters is presumed to disturb marine mammals or seabirds.

(285) (12) Operating any vessel engaged in the trade of carrying cargo within any area designated Special Wildlife Protection Zone or within one nautical mile from these zones. The coordinates are listed in appendix E to this subpart. This includes but is not limited to tankers and other bulk carriers and barges, or any vessel engaged in the trade of servicing offshore installations, except to transport persons or supplies to or from the Farallon Islands. In no event shall this section be construed to limit access for fishing, recreational or research vessels.

(286) (13) Attracting a white shark anywhere in the Sanctuary; or approaching within 50 meters of any white shark within Special Wildlife Protection Zone 6 and 7 or within one nautical mile from these zones The coordinates are listed in appendix F to this subpart.

(287) (14) Deserting a vessel aground, at anchor, or adrift in the Sanctuary.

(288) (15) Leaving harmful matter aboard a grounded or deserted vessel in the Sanctuary.

(289) (16) Anchoring a vessel in a designated seagrass protection zone in Tomales Bay, except as necessary for aquaculture operations conducted pursuant to a valid lease, permit or license. The coordinates for the noanchoring seagrass protection zones are listed in Appendix B to this subpart.

(290) (17) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act.

(291) (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 shall be determined in consultation between the Director and the Department of Defense.

(292) (c) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an emergency threatening life, property, or the environment.

(293) (d) The prohibitions in paragraphs (a)(2) through (9) and (a)(11) through (16) of this section do not apply to any activity executed in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit issued pursuant to §§922.48 and 922.83 or a Special Use permit issued pursuant to section 310 of the Act.

(294) 
 § 922.83 Permit procedures and issuance criteria.
(295) (a) A person may conduct an activity prohibited by §922.82(a)(2) through (9) and (a)(11) through (16) 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.

(296) (b) The Director, at his or her discretion, may issue a National Marine Sanctuary permit under this section, subject to terms and conditions as he or she deems appropriate, if the Director finds that the activity will:

(297) (1) Further research or monitoring related to Sanctuary resources and qualities;

(298) (2) Further the educational value of the Sanctuary;

(299) (3) Further salvage or recovery operations; or

(300) (4) Assist in managing the Sanctuary.

(301) (c) In deciding whether to issue a permit, the Director shall consider factors such as:

(302) (1) The applicant is qualified to conduct and complete the proposed activity;

(303) (2) The applicant has adequate financial resources available to conduct and complete the proposed activity;

(304) (3) 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;

(305) (4) 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;

(306) (5) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary, 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;

(307) (6) It is necessary to conduct the proposed activity within the Sanctuary;

(308) (7) The reasonably expected end value of the proposed activity to the furtherance of Sanctuary goals and purposes outweighs any potential adverse effects on Sanctuary resources and qualities from the conduct of the activity; and

(309) (8) Any other factors as the Director deems appropriate.

(310) (d) Applications. (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Greater Farallones National Marine Sanctuary, 991 Marine Dr., The Presidio, San Francisco, CA 94129.

(311) (2) In addition to the information listed in §922.48(b), all applications must include information to be considered by the Director in paragraph (b) and (c) of this section.

(312) (e) The permittee must agree to hold the United States harmless against any claims arising out of the conduct of the permitted activities.

(313) 
 § 922.84 Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity.
(314) (a) A person may conduct an activity prohibited by §922.82(a)(1) through (17) if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence prior to the effective date of sanctuary expansion and within the sanctuary expansion area and complies with §922.47 and provided that the holder of the lease, permit, license, approval, or other authorization complies with the requirements of paragraph (e) of this section.

(315) (b) In considering whether to make the certifications called for in this section, the Director may seek and consider the views of any other person or entity, within or outside the Federal government, and may hold a public hearing as deemed appropriate.

(316) (c) The Director may amend, suspend, or revoke any certification made under this section whenever continued operation would otherwise be inconsistent with any terms or conditions of the certification. Any such action shall be forwarded in writing to both the holder of the certified permit, license, or other authorization and the issuing agency and shall set forth reason(s) for the action taken.

(317) (d) Requests for findings or certifications should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, Greater Farallones National Marine Sanctuary, 991 Marine Drive, The Presidio, San Francisco, CA 94129. A copy of the lease, permit, license, approval, or other authorization must accompany the request.

(318) (e) For an activity described in paragraph (a) of this section, the holder of the authorization or right may conduct the activity prohibited by §922.82 (a)(1) through (17) provided that:

(319) (1) The holder of such authorization or right notifies the Director, in writing, within 90 days of the effective date of Sanctuary designation, of the existence of such authorization or right and requests certification of such authorization or right;

(320) (2) The holder complies with the other provisions of this section; and

(321) (3) The holder complies with any terms and conditions on the exercise of such authorization or right imposed as a condition of certification, by the Director, to achieve the purposes for which the Sanctuary was designated.

(322) (f) The holder of an authorization or right described in paragraph (a) of this section authorizing an activity prohibited by §922.82 may conduct the activity without being in violation of applicable provisions of §922.82, pending final agency action on his or her certification request, provided the holder is otherwise in compliance with this section.

(323) (g) The Director may request additional information from the certification requester as he or she deems reasonably necessary to condition appropriately the exercise of the certified authorization or right to achieve the purposes for which the Sanctuary was designated. The Director must receive the information requested within 45 days of the postmark date of the request. The Director may seek the views of any persons on the certification request.

(324) (h) The Director may amend any certification made under this section whenever additional information becomes available that he determines justifies such an amendment.

(325) (i) Upon completion of review of the authorization or right and information received with respect thereto, the Director shall communicate, in writing, any decision on a certification request or any action taken with respect to any certification made under this section, in writing, to both the holder of the certified lease, permit, license, approval, other authorization, or right, and the issuing agency, and shall set forth the reason(s) for the decision or action taken.

(326) (j) The holder may appeal any action conditioning, amending, suspending, or revoking any certification in accordance with the procedures set forth in §922.50.

(327) (k) Any time limit prescribed in or established under this section may be extended by the Director for good cause.

(328) 
 § 922.85 Review of State permits and leases for certain aquaculture projects.
(329) NOAA has described in a Memorandum of Agreement (MOA) with the State of California how the State will consult and coordinate with NOAA to review any new, amended or expanded lease or permit application for aquaculture projects in Tomales Bay involving introduced species.

(330) 
 Appendix A to Subpart H of Part 922 – Greater Farallones National Marine Sanctuary Boundary Coordinates
(331) Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(332)


(333) 
 Appendix B to Subpart H of Part 922 – No Anchoring Seagrass Protection Zones in Tomales Bay
(334) Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(335) (1) No-Anchoring Seagrass Protection Zone 1 encompasses an area of approximately .11 square nautical miles (.15 square miles) offshore south of Millerton Point. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects points 1 and 2 listed in the coordinate table below. The southern boundary is a straight line arc that connects points 2 and 3, the western boundary is a straight line arc that connects points 3 and 4 and the northern boundary is a straight line arc that connects point 4 to point 5.

(336)


(337) (2) No-Anchoring Seagrass Protection Zone 2 encompasses an area of approximately .15 square nautical miles (.19 square miles) that begins just south of Marconi and extends approximately 1.6 nautical miles (1.9 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 5 towards point 6 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends to point 8.

(338)


(339) (3) No-Anchoring Seagrass Protection Zone 3 encompasses an area of approximately .01 square nautical miles (.02 square miles) that begins just south of Marshall and extends approximately .5 nautical miles (.6 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 2 towards point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 4 to point 5. From this intersection the northern boundary extends westward along the straight line arc that connects point 4 to point 5.

(340)


(341) (4) No-Anchoring Seagrass Protection Zone 4 is an area of approximately .18 square nautical miles (.21 square miles) that begins just north of Nicks Cove and extends approximately 2.7 nautical miles (3.1 miles) south along the eastern shore of Tomales Bay to just south of Cypress Grove. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 8 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 8 towards point 9 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 10 to point 11. From this intersection the northern boundary extends westward along the straight line arc that connects point 10 to point 11.

(342)


(343) (5) No-Anchoring Seagrass Protection Zone 5 encompasses an area of approximately 1.3 square nautical miles (1.6 square miles) that begins east of Lawson’s Landing and extends approximately 2.7 nautical miles (3.1 miles) east and south along the eastern shore of Tomales Bay but excludes areas adjacent (approximately .32 nautical miles or .37 miles) to the mouth of Walker Creek. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 3 listed in the coordinate table below. From point 3 the southern boundary trends eastward along the straight line arc that connects point 3 to point 4 until it intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 5 to point 6. From this intersection the boundary extends westward along the straight line arc that connects point 5 to point 6. From point 6 the boundary follows the straight line arc that connects point 6 to point 7, and then extends along the straight line arc that connects point 7 to point 8 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line until it intersects the straight line arc that connects point 9 to point 10. From this intersection the boundary extends to point 10 along the straight line arc that connects point 9 to point 10.

(344)


(345) (6) No-Anchoring Seagrass Protection Zone 6 encompasses an area of approximately .01 square nautical miles (.02 square miles) in the vicinity of Indian Beach along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary extends westward along the straight line arc that connects point 2 to point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 3 to point 4. From this intersection the northern boundary extends eastward along the straight line arc that connects point 4 to point 5.

(346)


(347) (7) No-Anchoring Seagrass Protection Zone 7 encompasses an area of approximately .09 square nautical miles (.12 square miles) that begins just south of Pebble Beach and extends approximately 1.6 nautical miles (1.9 miles) south along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary extends along the straight line arc that connects point 5 to point 6 until it intersects the Mean High Water Line. From this intersection the western boundary extends north along the Mean High Water Line until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends eastward along the straight line arc that connects point 7 to point 8.

(348)


(349) 
 Appendix C to Subpart H of Part 922 – Northern Extent of Tomales Bay
(350) For the purpose of §922.85(a)(10)(ii), NOAA is codifying the northern geographical extent of Tomales Bay via a line running from Avalis Beach (Point 1) east to Sand Point (Point 2). Coordinates listed in this Appendix are unprojected (geographic) and based on the North American Datum of 1983.

(351)


(352) 
 Appendix D to Subpart H of Part 922 – Special Wildlife Protection Zones Within the Sanctuary
(353) Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(354) (1) Special Wildlife Protection Zone 1 (SWPZ 1) encompasses an area of approximately 7.9 square nautical miles (10.5 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 1 extends south from Point 1, west of Haven’s Neck in Mendocino County, to Point 2, west of Del Mar Point. The boundary then extends east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Mean High Water Line at Del Mar Point. The SWPZ 1 boundary then turns north to follow the Mean High Water Line towards Haven’s Neck and continues until it intersects a straight line arc connecting Point 4 and Point 5. From this intersection the Sanctuary boundary continues west along its northernmost extent to Point 5.

(355)


(356) (2) Special Wildlife Protection Zone 2 (SWPZ 2) encompasses an area of approximately 16.2 square nautical miles (21.4 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 2 extends south and east from Point 1, south of Windermere Point in Sonoma County, to Point 2 and then to Point 3 in sequence. Point 3 is west of Duncans Point in Sonoma County. The boundary then extends east from Point 3 along a straight line arc connecting Point 3 and Point 4 until it intersects the Mean High Water Line at Duncans Point. The boundary then turns north to follow the Mean High Water Line towards Windermere Point until it intersects a straight line arc connecting Point 5 and Point 6. From this intersection the boundary continues due south along a straight line arc to Point 6.

(357)


(358) (3) Special Wildlife Protection Zone 3 (SWPZ 3) encompasses an area of approximately 7 square nautical miles (9.3 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 3 extends south and east from Point 1, southwest of the Estero de San Antonio in Sonoma County, to Point 2, south of Tomales Point in Marin County. The boundary then extends north and east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the boundary of the Point Reyes National Seashore. From this intersection the SWPZ 3 boundary follows the Point Reyes National Seashore boundary around Tomales Point into Tomales Bay and continues until it again intersects the straight line arc that connects Point 2 and Point 3. From this intersection the SWPZ 3 boundary follows the straight line arc north and east toward Point 3 until it intersects the Mean High Water Line at Toms Point in Tomales Bay. The SWPZ 3 boundary then follows the Mean High Water Line northward towards the Estero de San Antonio until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the Sanctuary boundary continues south and west to Point 5.

(359)


(360) (4) Special Wildlife Protection Zone 4 (SWPZ 4) encompasses an area of approximately 10.2 square nautical miles (13.5 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 4 extends south and west from Point 1, west of Point Reyes in Marin County, to Point 2, south and west of Point Reyes Lighthouse. The boundary then follows a straight line arc east and south from Point 2 to Point 3. From Point 3 the boundary follows a straight line arc north to Point 4. From Point 4 the SWPZ 4 boundary proceeds west along the straight line arc that connects Point 4 and Point 5 until it intersects the Point Reyes National Seashore boundary north of Chimney Rock. The SWPZ 4 boundary then follows the Point Reyes National Seashore boundary around Point Reyes until it again intersects the straight line arc that connects Point 4 and Point 5 north of the Point Reyes Lighthouse. From this intersection the SWPZ 4 boundary turns seaward and continues west to Point 5.

(361)


(362) (5) Special Wildlife Protection Zone 5 (SWPZ 5) encompasses an area of approximately 14.8 square nautical miles (19.6 square miles). The precise boundary coordinates are listed in the table following this description. The western boundary of SWPZ 5 extends south and east from Point 1, near Millers Point in Marin County, to Point 2, which is south and west of Bolinas Point. The SWPZ 5 boundary then follows a straight line arc east from Point 2 towards Point 3 until it intersects the Mean High Water Line at Rocky Point. From this intersection, the SWPZ 5 boundary follows the Sanctuary boundary north to Bolinas Point and Millers Point, respectively including Bolinas Lagoon but not including Seadrift Lagoon, until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the SWPZ 5 boundary turns seaward and continues west and south along the straight line arc to Point 5.

(363)


(364) (6) Special Wildlife Protection Zone 6 (SWPZ 6) encompasses an area of approximately 6.8 square nautical miles (9 square miles) and extends from the Mean High Water Line seaward to the SWPZ 6 boundary. The precise boundary coordinates are listed in the table following this description. The boundary of SWPZ 6 extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(365)


(366) (7) Special Wildlife Protection Zone 7 (SWPZ 7) encompasses an area of approximately 6 square nautical miles (7.9 square miles) and extends from the Mean High Water Line seaward to the SWPZ 7 boundary. The precise boundary coordinates are listed in the table following this description. The boundary of SWPZ 7 extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(367)


(368) 
 Appendix E to Subpart H of Part 922 – Cargo Vessel Prohibition Zones in the Sanctuary
(369) Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(370) (1) Cargo Vessel Prohibition Zone 1 (CVPZ 1) is an area of approximately 20 square nautical miles (26 square miles) immediately offshore of Anchor Bay. The precise boundary coordinates are listed in the table following this description. The western boundary of extends south and east from Point 1, north and west of Haven’s Neck, to Point 2, west and south of Del Mar Point. The CVPZ 1 boundary then extends east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Sanctuary boundary. The CVPZ 1 boundary then turns north to follow the Sanctuary boundary past Haven’s Neck and continues until it intersects the straight line arc connecting Point 4 and Point 5. From this intersection the CVPZ 1 boundary continues west along its northernmost extent to Point 5.

(371)


(372) (2) Cargo Vessel Prohibition Zone 2 (CVPZ 2) encompasses an area of approximately 30 square nautical miles (40 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 2 boundary extends south and east from Point 1, west of Windermere Point in Sonoma County, to Point 2 and then to Point 3 in sequence. Point 3 is west of Duncans Point in Sonoma County. The CVPZ 2 boundary then extends east from Point 3 along a straight line arc connecting Point 3 and Point 4 until it intersects the Sanctuary boundary south of Duncans Point. The CVPZ 2 boundary then turns north to follow the Sanctuary boundary past Windermere Point until it intersects the straight line arc connecting Point 5 and Point 6. From this intersection the CVPZ 2 boundary continues due south along this straight line arc to Point 6.

(373)


(374) (3) Cargo Vessel Prohibition Zone 3 (CVPZ 3) encompasses an area of approximately 17 square nautical miles (22 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 3 boundary extends south and east from Point 1, west of the Estero de San Antonio in Sonoma County, to Point 2, south of Tomales Point in Marin County. The CVPZ 3 boundary then extends north and east from Point 2 along a straight line arc connecting Point 2 and Point 3 until it intersects the Sanctuary boundary. From this intersection the CVPZ 3 boundary follows the Sanctuary boundary around Tomales Point into Tomales Bay and continues until it again intersects the straight line arc that connects Point 2 and Point 3. From this intersection the CVPZ 3 boundary follows the straight line arc north and east across Tomales Bay until it intersects the Sanctuary boundary south of Toms Point in Tomales Bay. The CVPZ 3 boundary then follows the Sanctuary boundary northward past the Estero de San Antonio until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the boundary continues south and west to Point 5.

(375)


(376) (4) Cargo Vessel Prohibition Zone 4 (CVPZ 4) encompasses an area of approximately 28 square nautical miles (37 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 4 boundary extends south and west from Point 1, west and north of Point Reyes in Marin County, to Point 2, south and west of Point Reyes Lighthouse. The CVPZ 4 boundary then follows a straight line arc east and south from Point 2 to Point 3. From Point 3 the CVPZ 4 boundary follows a straight line arc north to Point 4. From Point 4 the CVPZ 4 boundary proceeds west along the straight line arc that connects Point 4 and Point 5 until it intersects the Sanctuary boundary at Drakes Beach. The CVPZ 4 boundary then follows the Sanctuary boundary around Point Reyes until it again intersects the straight line arc that connects Point 4 and Point 5, north of the Point Reyes Lighthouse. From this intersection the CVPZ 4 boundary turns seaward and continues west to Point 5 along this arc.

(377)


(378) (5) Cargo Vessel Prohibition Zone 5 (CVPZ 5) encompasses an area of approximately 29 square nautical miles (39 square miles). The precise boundary coordinates are listed in the table following this description. The western CVPZ 5 boundary extends south and east from Point 1, west of Millers Point in Marin County, to Point 2, south and west of Bolinas Point. The CVPZ 5 boundary then follows a straight line arc east from Point 2 towards Point 3 until it intersects the Sanctuary boundary. From this intersection, the CVPZ 5 boundary follows the Sanctuary boundary north towards Rocky Point and continues along the Sanctuary boundary past Bolinas Point and Millers Point, respectively, including Bolinas Lagoon but not including Seadrift Lagoon, until it intersects the straight line arc that connects Point 4 and Point 5. From this intersection the CVPZ 5 boundary turns seaward and continues west and south along the straight line arc to Point 5.

(379)


(380) (6) Cargo Vessel Prohibition Zone 6 (CVPZ 6) encompasses an area of approximately 21 square nautical miles (28 square miles) surrounding Southeast Farallon Island and extends from the Mean High Water Line to the CVPZ 6 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(381)


(382) (7) Cargo Vessel Prohibition Zone 7 (CVPZ 7) encompasses an area of approximately 20 square nautical miles (26 square miles) surrounding the North Farallon Islands and extends from the Mean High Water Line to the CVPZ 7 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(383)


(384) 
 Appendix F to Subpart H of Part 922 – White Shark Approach Prohibition Zones in the Sanctuary
(385) Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(386) (1) White Shark Approach Prohibition Zone 1 (WSAPZ 1) encompasses an area of approximately 21 square nautical miles (28 square miles) surrounding Southeast Farallon Island and extends from the Mean High Water Line to the WSAPZ 1 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of Southeast Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(387)


(388) (2) White Shark Approach Prohibition Zone 2 (WSAPZ 2) encompasses an area of approximately 20 square nautical miles (26 square miles) surrounding the North Farallon Islands and extends from the Mean High Water Line to the WSAPZ 2 boundary. The precise boundary coordinates are listed in the table following this description. The boundary extends south and west from Point 1, north of North Farallon Island, along a straight line arc to Point 2, then south and east along a straight line arc to Point 3, then north and east along a straight line arc to Point 4, then north and west along a straight line arc to Point 5.

(389)


(390) 
 Subpart J – National Marine Sanctuary of American Samoa

(391) 
 § 922.100 Scope of regulations.
(392) The provisions of this subpart J apply only to the waters of the United States and the Territory of American Samoa that are located within the boundary of the National Marine Sanctuary of American Samoa (Sanctuary). Neither the provisions of this subpart J nor any permit issued under its authority shall be construed to relieve a person from any other requirements imposed by statute or regulation of the Territory of American Samoa or of the United States. In addition, no statute or regulation of the Territory of American Samoa shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this subpart J.

(393) 
 § 922.101 Boundary.
(394) The Sanctuary is comprised of six distinct units, forming a network of marine protected areas around the islands of the Territory of American Samoa. Tables containing the exact coordinates of each point described below can be found in Appendix to Subpart J—National Marine Sanctuary of American Samoa Boundary Coordinates.

(395) (a) Fagatele Bay Unit. The Fagatele Bay Unit is a 163-acre (0.25 sq. mi.) coastal embayment formed by a collapsed volcanic crater on the island of Tutuila, Territory of American Samoa, and includes Fagatele Bay in its entirety. The landward boundary is defined by the mean higher high water line of Fagatele Bay until the point at which it intersects the seaward boundary of the Sanctuary as defined by a straight line between Fagatele Point (–14.36527, –170.76932) and Steps Point (–14.37291, –170.76056) from the point at which it intersects the mean higher high water line seaward.

(396) (b) Fagalua/Fogama’a Unit. The landward boundary of the Fagalua/Fogama’a Unit is defined by the mean higher high water line of Fagalua/Fogama’a until the point at which it intersects the seaward boundary of the Fagalua/Fogama’a Unit as defined by a straight line between Steps Point (–14.37307, –170.75852) and Sail Rock Point (–14.36534, –170.74119) from the point at which it intersects the mean higher high water line seaward.

(397) (c) Aunu’u Unit. The Aunu’u Unit is comprised of two adjacent zones.

(398) (1) Zone A. The Aunu’u Unit boundary for Zone A is defined by the coordinates provided in Table 1 and the following textual description. The Zone A boundary extends from Point 1, the northwest corner of the unit, southward to Point 2 along a straight line following the western boundary of the unit, which is aligned with Taugamalama Point on Tutuila. It then extends northeastward in a multi-part line along the deepest seaward edge of Nafanua Bank from Point 2 to Point 3 and then to Point 4, which lies on the southern boundary of Zone B. The boundary then follows a straight line westward towards Point 5 until it intersects the mean higher high water line at the southern tip of Ma’ama’a Cove. The landward boundary of Zone A is defined by the mean higher high water line from this intersection point at the southern tip of Ma’ama’a Cove to the intersection of the mean higher high water line and the straight line between Point 6 and Point 7 at Salevatia Point. From this intersection point at Salevatia Point, the boundary extends straight west to Point 7, which has the exact same coordinates as Point 1.

(399) (2) Zone B. The Aunu’u Unit boundary for Zone B is defined by the coordinates provided in Table 2 and the following textual description. The Zone B boundary extends from Point 1, the northeast corner of the unit, southward along a straight line following the eastern boundary of the unit to Point 2, which is on the southern boundary of the unit. The southern boundary then follows a line westward towards Point 3 until it intersects the mean higher high water line at the southern tip of Ma’ama’a Cove Point. The landward boundary of Zone B is defined by the mean higher high water line from this intersection point at the southern tip of Ma’ama’a Cove around the volcanic crater to the intersection of the mean higher high water line and the straight line between Point 4 and Point 5. From here, the boundary extends seaward straight north to Point 5. The northern border, the last straight line, is defined by connecting Point 5 and Point 6, along the northern boundary of the unit, which is aligned with Matuli Point on Tutuila. Point 6 has the exact same coordinates at Point 1.

(400) (d) Swains Island Unit. The Swains Island Unit boundary is defined by the coordinates in Table 3 and the following textual description. The seaward boundary of the Swains Island Unit approximates the three nautical mile territorial sea boundary from the mean higher high water line (shoreline) of the island. The seaward boundary begins south of the island at Point 1 and continues initially to the west in sequential order clockwise around the island to Point 33. The landward boundary of the Swains Island Unit is the mean higher high water line and begins on the northern shoreline of the island and follows the shoreline counterclockwise initially to the west until it intersects the line segment between Point 34 and 35. From this intersection the boundary continues offshore to the northwest to Point 35 and then to Point 36 and Point 37. From Point 37 the boundary continues eastnortheast towards Point 38 until it intersects the shoreline. From this intersection the boundary follows the shoreline southeast around the southernmost part of the island and then to the northeast until it intersects the line segment between Point 39 and Point 40. From this intersection the boundary continues offshore to the southeast to Point 40 and then to the northeast to Point 41. From Point 41 the boundary continues to the northwest towards Point 42 until it intersects the shoreline. From this intersection the boundary follows the shoreline initially to the northeast around the island counterclockwise and then to the northwest back to where it began on the northern shoreline.

(401) (e) Muliava Unit. The Muliava Unit boundary is defined by the coordinates provided in Table 4 and the following textual description. The landward boundary of the Muliava Unit is the extreme low water line, which adjoins the boundary of the Rose Atoll National Wildlife Refuge. The Muliava Unit seaward boundary extends from Point 1, the southwest corner of the unit, to Point 2 along a straight line northward following the western boundary of the unit. From Point 2, the line extends in a straight line westward to Point 3. It then extends along a straight line northward to Point 4. From Point 4, the line extends in a straight line eastward to Point 5. From Point 5, the line extends along a straight line northward to Point 6. It then extends along a straight line eastward from Point 6 to Point 7, which is on the eastern boundary of the unit. The boundary then follows a straight line southward until it intersects the line of the southern boundary of the unit at Point 8, the southeastern corner of the unit. The last straight line is defined by connecting Point 8 and Point 9, which has the exact same coordinates as Point 1, along the southern boundary of the unit.

(402) (f) Ta’u Unit. The Ta’u Unit boundary is defined by the coordinates provided in Table 5 and the following textual description. The Ta’u Unit boundary extends from Point 1, Vaita Point, along the mean higher high water line southward along the western coast to Point 2, Si’ufa’alele Point. From Point 2, the boundary extends offshore 0.25 miles to Point 3 to become conterminous with the offshore boundary of the National Park of American Samoa. From Point 3 the boundary continues to follow the coastline 0.25 miles offshore until it reaches Point 4, which is directly south of Si’u Point. From Point 4, the boundary extends due south to Point 5. From Point 5, the boundary extends due west to Point 6, forming the southern border of the unit. From Point 6, the boundary extends due north until it reaches Point 7, directly west and one mile offshore from Point 8, which is Point 1, also known as Vaita Point.

(403) 
 § 922.102 Definitions.
(404) In addition to those definitions found at §922.3, the following definitions apply to this subpart:

(405) Clean means not containing detectable levels of harmful matter.

(406) Fishing means the catching, taking, or harvesting of marine species; the attempted catching, taking, or harvesting of marine species; any other activity which can reasonably be expected to result in the catching, taking, or harvesting of marine species; or any operation at sea in support of, or in preparation for, any activity described in this definition.

(407) Harmful matter means any substance, or combination of substances that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed at 40 CFR 302.4 pursuant to 42 U.S.C. 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act.

(408) Introduced species means any species (including, but not limited to, any of its biological matter capable of propagation) that is nonnative to the ecosystem(s) protected by 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.

(409) Live rock means any Coral, basalt rock, or other natural structure with any living organisms growing in or on the Coral, basalt rock, or structure.

(410) 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).

(411) 
 § 922.103 Prohibited or otherwise regulated activities — Sanctuary-wide.
(412) (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary:

(413) (1) Introducing or releasing introduced species from within or into the sanctuary.

(414) (2) Anchoring a vessel.

(415) (3) Deserting a vessel aground, adrift, or at anchor.

(416) (4) Leaving harmful matter on an abandoned or deserted vessel or structure.

(417) (5) Operating a vessel at a speed exceeding three knots when closer than 200 feet (60.96 meters) of another vessel displaying a dive flag.

(418) (6) Operating a vessel in a manner which causes the vessel to strike or otherwise cause damage to Sanctuary resources.

(419) (7) Diving, snorkeling, or conducting diving or snorkeling operations from a vessel not in compliance with applicable U.S. Coast Guard navigation rules governing the display of lights and signals, and not flying in a conspicuous manner the international code flag alpha “A” or the standard red-and-white U.S. “diver down” flag.

(420) (8) Discharging, or depositing from within or into the Sanctuary, any material or other matter, except clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, anchor wash, or vessel engine or generator exhaust.

(421) (9) 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 paragraph (a)(8) of this section and §922.105(c).

(422) (10) Sand mining, dredging, filling, dynamiting, or otherwise disturbing or altering the seabed.

(423) (11) Removing, damaging, or tampering with any historical or cultural resource.

(424) (12) 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.

(425) (13) Using or discharging explosives or weapons of any description. Distress signaling devices, necessary and proper for safe vessel operation, and knives generally used by fishermen and swimmers shall not be considered weapons for purposes of this section.

(426) (14) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, or other boundary markers related to the Sanctuary.

(427) (15) Abandoning a structure, material, or other matter on or in the submerged lands of the Sanctuary.

(428) (b) The prohibitions in paragraphs (a)(1) through (15) of this section, §922.104, and §922.105 do not apply to any activity necessary for national defense.

(429) (c) The prohibitions in paragraphs (a)(2) through (15) of this section, §922.104, and §922.105 do not apply to any activity necessary to respond to an emergency threatening life, property, or the environment.

(430) (d) The prohibitions in paragraphs (a)(2) through (15) of this section, §922.104, and §922.105 do not apply to any activity necessary for valid law enforcement purposes in the Sanctuary.

(431) (e) The prohibitions in paragraphs (a)(2) through (15) of this section, §922.104, and §922.105 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 922.107.

(432) 
 § 922.104 Prohibited or otherwise regulated activities — Sanctuary-Wide except in the Muliava Unit.
(433) (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within any unit of the Sanctuary except the Muliava Unit:

(434) (1) Gathering, taking, breaking, cutting, damaging, destroying, or possessing any giant clam [Tridacna spp.], live coral, bottom formation including live rock and crustose coralline algae.

(435) (2) Possessing or using poisons, electrical charges, explosives, or similar environmentally destructive methods of fishing or harvesting.

(436) (3) Possessing or using spearguns, including such devices known as Hawaiian slings, pole spears, arbalettes, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar taking device while utilizing SCUBA equipment.

(437) (4) Possessing or using a seine, trammel, drift gill net, or any type of fixed net.

(438) (5) Disturbing the benthic community by bottom trawling.

(439) (b) There shall be a rebuttable presumption that any items listed in paragraph (a) of this section found in the possession of a person within the Sanctuary have been used, collected, or removed within or from the Sanctuary.

(440) 
 § 922.105 Prohibited or otherwise regulated activities — Unit-specific.
(441) In addition to the prohibitions set forth in §922.103 and §922.104, the following regulations apply to activities conducted within specified Sanctuary units described in the appendix to this subpart.

(442) (a) The following activities are prohibited in the Fagatele Bay Unit:

(443) (1) Harvesting, catching, removing, taking, injuring, destroying, collecting, moving, possessing or causing the loss of any Sanctuary resource, including but not limited to fishing, or attempting any of these activities.

(444) (2) Possessing fishing gear unless such gear is stowed and not available for immediate use.

(445) (b) The following activities are prohibited in the Aunu’u Unit:

(446) (1) In Zone A: Fishing from a vessel without providing notification to the Sanctuary Superintendent or his/her designee in the village of Aunu’u prior to each fishing trip.

(447) (2) In Zone B:

(448) (i) Fishing for bottom-dwelling species or otherwise harvesting, catching, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any bottom-dwelling species, or attempting any of these activities. Surface fishing for pelagic species, including trolling, is allowed.

(449) (ii) Disturbing the benthic community.

(450) (iii) Possessing any Sanctuary resource, except legally harvested fish on board a vessel.

(451) (c) In the Muliava Unit:

(452) (1) The prohibitions in paragraphs (a)(2) through (7) and (a)(9) through (15) of §922.103 do not apply to scientific exploration or research activities conducted by or for the Department of Commerce or the Department of the Interior.

(453) (2) Notwithstanding the prohibition in §922.103(a)(8), the following vessels may discharge treated waste from a U.S. Coast Guard approved Type I, II, or III Marine Sanitation device 12 nautical miles seaward of the Rose Atoll National Wildlife Refuge:

(454) (i) Vessels engaged in scientific exploration or research activities conducted by or for the Department of Commerce or the Department of the Interior; or

(455) (ii) All other vessels engaged in scientific exploration or research activities, if authorized under a permit issued in consultation with the U.S. Fish and Wildlife Service and in accordance with §922.48 and §922.107.

(456) 
 § 922.106 Management and enforcement.
(457) The National Oceanic and Atmospheric Administration (NOAA) has primary responsibility for the management of the Sanctuary pursuant to the Act. The American Samoa Department of Commerce (ASDOC) will assist NOAA in the administration of the Sanctuary, and act as the lead territorial agency, in conformance with the terms of designation, these regulations, and the terms and provisions of any grant or cooperative agreement.

(458) 
 § 922.107 Permit procedures and criteria.
(459) (a) Any person in possession of a valid permit issued by the Director, in consultation with the ASDOC, in accordance with this section and §922.48, may conduct an activity otherwise prohibited by §922.103, §922.104, and §922.105 in the Sanctuary if such activity is judged not to cause long-term or irreparable harm to the resources of the Sanctuary, and is:

(460) (1) Related to research involving Sanctuary resources designed to enhance understanding of the Sanctuary environment or to improve resource management decision-making;

(461) (2) Intended to further the educational value of the Sanctuary and thereby enhance understanding of the Sanctuary environmental or improve resource management decision-making;

(462) (3) Intended to further the management of the Sanctuary; or

(463) (4) For salvage or recovery operations.

(464) (b) Permit applications shall be addressed to the Director, Office National Marine Sanctuaries; ATTN: Sanctuary Superintendent, American Samoa National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 96799.

(465) (c) In considering whether to grant a permit, the Director shall evaluate such matters as:

(466) (1) The general professional and financial responsibility of the applicant;

(467) (2) The appropriateness of the methods being proposed for the purpose(s) of the activity;

(468) (3) The extent to which the conduct of any permitted activity may diminish or enhance the value of the Sanctuary as a source of recreation, education, or scientific information; and

(469) (4) The end value of the activity.

(470) (d) In addition to meeting the criteria in this section and §922.48, the applicant also must demonstrate to the Director that:

(471) (1) The activity shall be conducted with adequate safeguards for the environment; and

(472) (2) The environment shall be returned to, or will regenerate to, the condition which existed before the activity occurred.

(473) (e) The Director may, at his or her discretion, grant a permit which has been applied for pursuant to this section, in whole or in part, and subject the permit to such condition(s) as he or she deems necessary.

(474) 
 Appendix to Subpart J of Part 922 — American Samoa National Marine Sanctuary Boundary Coordinates
(475) [Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.]

(476) (a) Fagatele Bay

(477) No coordinates are needed in addition to those described in §922.101(a).

(478) (b) Fagalua/Fogama’a

(479) No coordinates are needed in addition to those described in §922.101(b).

(480) (c) Aunu‘u (Zones A, B)

(481) The Aunu‘u Unit is comprised of two adjacent zones, described in §922.101(c), for which the point coordinates are provided in following tables 1 and 2.

(482)


(483)


(484) (d) Swains Island

(485) The Swains Island Unit boundary is defined by the coordinates provided in Table 3 and the textual description in §922.101(d).

(486)


(487) (e) Muliāva

(488) The Muliāva Unit boundary is defined by the coordinates provided in Table 4 and the textual description in §922.101(e).

(489)


(490) (f) Ta‘ū Unit

(491) The Ta‘ū Unit boundary is defined by the coordinates provided in Table 5 and the textual description in §922.101(f).

(492)


(493) 
 Subpart K – Cordell Bank National Marine Sanctuary

(494) 
 § 922.110 Boundary.
(495) The Cordell Bank National Marine Sanctuary (Sanctuary) boundary encompasses a total area of approximately 971 square nautical miles (1,286 square miles) of offshore ocean waters, and submerged lands thereunder, surrounding the submarine plateau known as Cordell Bank along the northern coast of California, approximately 45 nautical miles west-northwest of San Francisco, California. The precise boundary coordinates are listed in appendix A to this subpart. The northern boundary of the Sanctuary is a rhumb line that begins approximately 6 nautical miles (7 miles) west of Bodega Head in Sonoma County, California at Point 1 and extends west approximately 38 nautical miles (44 miles) to Point 2. This line is part of a shared boundary between the Sanctuary and Greater Farallones National Marine Sanctuary (GFNMS). The western boundary of the Sanctuary extends south from Point 2 approximately 34 nautical miles (39 miles) to Point 3. From Point 3 the Sanctuary boundary continues east 15 nautical miles (17 miles) to Point 4 where it intersects the GFNMS boundary again. The line from Point 3 to Point 4 forms the southernmost boundary of the Sanctuary. The eastern boundary of the Sanctuary is a series of straight lines connecting Points 4 through 20 in numerical sequence. The Sanctuary is coterminous with GFNMS along both its (the Sanctuary’s) eastern and northern boundaries.

(496) 
 § 922.111 Definitions.
(497) In addition to the definitions found in §922.3, the following definitions apply to this subpart:

(498) Clean means not containing detectable levels of harmful matter.

(499) Cruise ship means a vessel with 250 or more passenger berths for hire.

(500) Harmful matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed pursuant to title 42 of the United States Code.

(501) 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.

(502) 
 § 922.112 Prohibited or otherwise regulated activities.
(503) (a) The following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted within the Sanctuary:

(504) (1) Exploring for, developing, or producing oil, gas, or minerals.

(505) (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter except:

(506) (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activity within the Sanctuary;

(507) (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean effluent generated incidental to vessel use and generated 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. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage;

(508) (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash;

(509) (D) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; or

(510) (E) Vessel engine or generator exhaust.

(511) (ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash.

(512) (iii) 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 as listed in paragraphs (a)(2)(i) and (ii) of this section.

(513) (3) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, removing, taking, or injuring or attempting to remove, take, or injure benthic invertebrates or algae located on Cordell Bank. This prohibition does not apply to use of bottom contact gear used during fishing activities, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). The coordinates for the line representing the 50-fathom isobath are listed in appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15. There is a rebuttable presumption that any such resource found in the possession of a person within the Sanctuary was taken or removed by that person.

(514) (4)(i) On or within the line representing the 50-fathom isobath surrounding Cordell Bank, drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material or other matter on or in the submerged lands. This prohibition does not apply to use of bottom contact gear used during fishing activities, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States). The coordinates for the line representing the 50-fathom isobath are listed in appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15.

(515) (ii) In the Sanctuary beyond the line representing the 50-fathom isobath surrounding Cordell Bank, drilling into, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material or matter on the submerged lands except as incidental and necessary for anchoring any vessel or lawful use of any fishing gear during normal fishing activities. The coordinates for the line representing the 50-fathom isobath are listed in Appendix B to this subpart, and the 50-fathom isobath is approximated by connecting these coordinates with straight line arcs in numerical sequence from Point 1 to Point 15.

(516) (5) Taking any marine mammal, sea turtle, or bird 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.

(517) (6) Possessing within the Sanctuary (regardless of where taken, moved or removed from), any marine mammal, sea turtle or bird taken, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes.

(518) (7) Possessing, moving, removing, or injuring, or attempting to possess, move, remove or injure, a Sanctuary historical resource.

(519) (8) 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.

(520) (9) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act.

(521) (b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to an emergency threatening life, property or the environment.

(522) (c) All activities being carried out by the Department of Defense (DOD) within the Sanctuary on the effective date of designation or expansion of the Sanctuary that are necessary for national defense are exempt from the prohibitions contained in the regulations in this subpart. Additional DOD activities initiated after the effective date of designation or expansion that are necessary for national defense will be exempted by the Director after consultation between the Department of Commerce and DOD. DOD activities not necessary for national defense, such as routine exercises and vessel operations, are subject to all prohibitions contained in the regulations in this subpart.

(523) (d) The prohibitions in paragraphs (a)(2) through (7) of this section do not apply to any activity executed in accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit issued pursuant to §§922.48 and 922.113 or a Special Use permit issued pursuant to section 310 of the Act.

(524) (e) Where necessary to prevent immediate, serious, and irreversible damage to a Sanctuary resource, any activity may be regulated within the limits of the Act on an emergency basis for no more than 120 days.

(525) 
 § 922.113 Permit procedures and issuance criteria.
(526) (a) A person may conduct an activity prohibited by §922.112(a)(2) through (7), 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.

(527) (b) The Director, at his or her discretion, may issue a national marine sanctuary permit under this section, subject to terms and conditions, as he or she deems appropriate, if the Director finds that the activity will:

(528) (1) Further research or monitoring related to Sanctuary resources and qualities;

(529) (2) Further the educational value of the Sanctuary;

(530) (3) Further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; or

(531) (4) Assist in managing the Sanctuary.

(532) (c) In deciding whether to issue a permit, the Director shall consider such factors as:

(533) (1) The applicant is qualified to conduct and complete the proposed activity;

(534) (2) The applicant has adequate financial resources available to conduct and complete the proposed activity;

(535) (3) 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;

(536) (4) 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;

(537) (5) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary, 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;

(538) (6) It is necessary to conduct the proposed activity within the Sanctuary;

(539) (7) The reasonably expected end value of the proposed activity to the furtherance of Sanctuary goals and purposes outweighs any potential adverse effects on Sanctuary resources and qualities from the conduct of the activity; and

(540) (8) The Director may consider additional factors as he or she deems appropriate.

(541) (d) Applications. (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Cordell Bank National Marine Sanctuary, P.O. Box 159, Olema, CA 94950.

(542) (2) In addition to the information listed in §922.48(b), all applications must include information to be considered by the Director in paragraph (b) and (c) of this section.

(543) (e) The permittee must agree to hold the United States harmless against any claims arising out of the conduct of the permitted activities.

(544) 
 Appendix A to Subpart K of Part 922 – Cordell Bank National Marine Sanctuary Boundary Coordinates
(545) Coordinates listed in this Appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83).

(546)


(547) 
 Appendix B to Subpart K of Part 922 – Line Representing the 50-Fathom Isobath Surrounding Cordell Bank
(548) Coordinates listed in this Appendix are unprojected (Geographic Coordinate System)and based on the North American Datum of 1983 (NAD83).

(549)


(550) 
 Subpart M – Monterey Bay National Marine Sanctuary

(551) 
 § 922.130 Boundary.
(552) The Monterey Bay National Marine Sanctuary (Sanctuary) consists of two separate areas.

(553) (a) The first area consists of an area of approximately 4,016 square nautical miles (nmi) of coastal and ocean waters, and submerged lands thereunder, in and surrounding Monterey Bay off the central coast of California. The northern terminus of the Sanctuary boundary is located along the southern boundary of the Greater Farallones National Marine Sanctuary (GFNMS) beginning at Rocky Point just south of Stinson Beach in Marin County. The Sanctuary boundary follows the GFNMS boundary westward to a point approximately 29 nmi offshore from Moss Beach in San Mateo County. The Sanctuary boundary then extends southward in a series of arcs, which generally follow the 500 fathom isobath, to a point approximately 27 nmi offshore of Cambria, in San Luis Obispo County. The Sanctuary boundary then extends eastward towards shore until it intersects the Mean High Water Line (MHWL) along the coast near Cambria. The Sanctuary boundary then follows the MHWL northward to the northern terminus at Rocky Point. The shoreward Sanctuary boundary excludes a small area between Point Bonita and Point San Pedro. Pillar Point Harbor, Santa Cruz Harbor, Monterey Harbor, and Moss Landing Harbor are all excluded from the Sanctuary shoreward from the points listed in appendix A except for Moss Landing Harbor, where all of Elkhorn Slough east of the Highway One bridge, and west of the tide gate at Elkhorn Road and toward the center channel from the MHWL is included within the Sanctuary, excluding areas within the Elkhorn Slough National Estuarine Research Reserve. Exact coordinates for the seaward boundary and harbor exclusions are provided in appendix A to this subpart.

(554) (b) The Davidson Seamount Management Zone is also part of the Sanctuary. This area, bounded by geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, consists of approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are provided in Appendix F to this subpart.

(555) 
 § 922.131 Definitions.
(556) In addition to those definitions found at 15 CFR 922.3, the following definitions apply to this subpart:

(557) Attract or attracting means the conduct of any activity that lures or may lure any animal by using food, bait, chum, dyes, decoys, acoustics, or any other means, except the mere presence of human beings (e.g. swimmers, divers, boaters, kayakers, surfers).

(558) Clean means not containing detectable levels of harmful matter.

(559) Cruise ship means a vessel with 250 or more passenger berths for hire.

(560) Davidson Seamount Management Zone means the area bounded by geodetic lines connecting a rectangle centered on the top of the Davidson Seamount, and consists of approximately 585 square nmi of ocean waters and the submerged lands thereunder. The shoreward boundary of this portion of the Sanctuary is located approximately 65 nmi off the coast of San Simeon in San Luis Obispo County. Exact coordinates for the Davidson Seamount Management Zone boundary are provided in Appendix F to this subpart.

(561) Deserting means leaving a vessel aground or adrift without notification to the Director of the vessel going aground or becoming adrift within 12 hours of its discovery and developing and presenting to the Director a preliminary salvage plan within 24 hours of such notification, after expressing or otherwise manifesting intention not to undertake or to cease salvage efforts, or when the owner/operator cannot after reasonable efforts by the Director be reached within 12 hours of the vessel's condition being reported to authorities; or leaving a vessel at anchor when its condition creates potential for a grounding, discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner.

(562) Federal Project means any water resources development project conducted by the U.S. Army Corps of Engineers or operating under a permit or other authorization issued by the U.S. Army Corps of Engineers and authorized by Federal law.

(563) Hand tool means a hand-held implement, utilized for the collection of jade pursuant to 15 CFR 922.132(a)(1), that is no greater than 36 inches in length and has no moving parts (e.g. dive knife, pry bar, or abalone iron). Pneumatic, mechanical, electrical, hydraulic, or explosive tools are, therefore, examples of what does not meet this definition.

(564) Harmful matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: Fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4.

(565) 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.

(566) Motorized personal watercraft (MPWC) means any vessel, propelled by machinery, that is designed to be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in length overall as manufactured and propelled by machinery and that has been exempted from compliance with the U.S. Coast Guard's Maximum Capacities Marking for Load Capacity regulation found at 33 CFR Parts 181 and 183, except submarines; or any other vessel that is less than 20 feet in length overall as manufactured, and is propelled by a water jet pump or drive.

(567) 
 § 922.132 Prohibited or otherwise regulated activities.
(568) (a) Except as specified in paragraphs (b) through (e) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted:

(569) (1) Exploring for, developing, or producing oil, gas, or minerals within the Sanctuary, except: Jade may be collected (meaning removed) from the area bounded by the 35.92222 N latitude parallel (coastal reference point: Beach access stairway at south Sand Dollar Beach), the 35.88889 N latitude parallel (coastal reference point: Westernmost tip of Cape San Martin), and from the mean high tide line seaward to the 90-foot isobath (depth line) (the “authorized area”) provided that:

(570) (i) Only jade already loose from the submerged lands of the Sanctuary may be collected;

(571) (ii) No tool may be used to collect jade except:

(572) (A) A hand tool (as defined at 15 CFR 922.131) to maneuver or lift the jade or scratch the surface of a stone as necessary to determine if it is jade;

(573) (B) A lift bag or multiple lift bags with a combined lift capacity of no more than two hundred pounds; or

(574) (C) A vessel (except for motorized personal watercraft) (see paragraph (a)(7) of this section) to provide access to the authorized area;

(575) (iii) Each person may collect only what that person individually carries; and

(576) (iv) For any loose piece of jade that cannot be collected under paragraphs (a)(1) (ii) and (iii) of this section, any person may apply for a permit to collect such a loose piece by following the procedures in 15 CFR 922.133.

(577) (2)(i) Discharging or depositing from within or into the Sanctuary, other than from a cruise ship, any material or other matter, except:

(578) (A) Fish, fish parts, chumming materials, or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities within the Sanctuary;

(579) (B) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary, clean 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. 1322. Vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage;

(580) (C) Clean vessel deck wash down, clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, or anchor wash;

(581) (D) For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA;

(582) (E) Vessel engine or generator exhaust; or

(583) (F) Dredged material deposited at disposal sites authorized by the U.S. Environmental Protection Agency (EPA) (in consultation with the U.S. Army Corps of Engineers (COE)) prior to the effective date of Sanctuary designation (January 1, 1993), provided that the activity is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval existing on January 1, 1993. Authorized disposal sites within the Sanctuary are described in Appendix C to this subpart.

(584) (ii) Discharging or depositing from within or into the Sanctuary any material or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, vessel engine or generator exhaust, clean bilge water, or anchor wash.

(585) (iii) 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)(2)(i)(A) through (E) and (a)(2)(ii) of this section and dredged material deposited at the authorized disposal sites, described in Appendix D to this subpart, provided that the dredged material disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval.

(586) (3) Possessing, moving, removing, or injuring, or attempting to possess, move, remove, or injure, a Sanctuary historical resource. This prohibition does not apply to, moving, removing, or injury resulting incidentally from kelp harvesting, aquaculture, or lawful fishing activities.

(587) (4) Drilling into, dredging, or otherwise altering the submerged lands of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, except as incidental and necessary to:

(588) (i) Conduct lawful fishing activities;

(589) (ii) Anchor a vessel;

(590) (iii) Conduct aquaculture or kelp harvesting;

(591) (iv) Install an authorized navigational aid;

(592) (v) Conduct harbor maintenance in an area necessarily associated with a Federal Project in existence on January 1, 1993, including dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters and jetties;

(593) (vi) Construct, repair, replace, or rehabilitate a dock or pier; or

(594) (vii) Collect jade pursuant to paragraph (a)(1) of this section, provided that there is no constructing, placing, or abandoning any structure, material, or other matter on or in the submerged lands of the Sanctuary, other than temporary placement of an authorized hand tool as provided in paragraph (a)(1) of this section. The exceptions listed in paragraphs (a)(4)(ii) through (a)(4)(vii) of this section do not apply within the Davidson Seamount Management Zone.

(595) (5) Taking any marine mammal, sea turtle, or bird 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.

(596) (6) Disturbing marine mammals or seabirds by flying motorized aircraft, except as necessary for valid law enforcement purposes, at less than 1,000 feet above any of the four zones within the Sanctuary described in Appendix B to this subpart. Failure to maintain a minimum altitude of 1,000 feet above ground level above any such zone is presumed to disturb marine mammals or seabirds.

(597) (7) Operating motorized personal watercraft within the Sanctuary except within the five designated zones and access routes within the Sanctuary described in Appendix E to this subpart. Zone Five (at Pillar Point) exists only when a High Surf Warning has been issued by the National Weather Service and is in effect for San Mateo County, and only during December, January, and February.

(598) (8) Possessing within the Sanctuary (regardless of where taken, moved, or removed from), any marine mammal, sea turtle, or bird, except as authorized by the MMPA, ESA, MBTA, by any regulation, as amended, promulgated under the MMPA, ESA, or MBTA, or as necessary for valid law enforcement purposes.

(599) (9) Deserting a vessel aground, at anchor, or adrift in the Sanctuary.

(600) (10) Leaving harmful matter aboard a grounded or deserted vessel in the Sanctuary.

(601) (11)(i) Moving, removing, taking, collecting, catching, harvesting, disturbing, breaking, cutting, or otherwise injuring, or attempting to move, remove, take, collect, catch, harvest, disturb, break, cut, or otherwise injure, any Sanctuary resource located more than 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to fishing below 3,000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States).

(602) (ii) Possessing any Sanctuary resource the source of which is more than 3,000 feet below the sea surface within the Davidson Seamount Management Zone. This prohibition does not apply to possession of fish resulting from fishing below 3,000 feet within the Davidson Seamount Management Zone, which is prohibited pursuant to 50 CFR part 660 (Fisheries off West Coast States).

(603) (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.

(604) (13) Attracting any white shark within the Sanctuary.

(605) (14) Interfering with, obstructing, delaying, or preventing an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act.

(606) (b) The prohibitions in paragraphs (a)(2) through (11) of this section do not apply to an activity necessary to respond to an emergency threatening life, property, or the environment.

(607) (c)(1) All Department of Defense activities must be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities. The prohibitions in paragraphs (a)(2) through (12) of this section do not apply to existing military activities carried out by the Department of Defense, as specifically identified in the Final Environmental Impact Statement and Management Plan for the Proposed Monterey Bay National Marine Sanctuary (NOAA, 1992). (Copies of the FEIS/MP are available from the Monterey Bay National Marine Sanctuary, 299 Foam Street, Monterey, CA 93940.) For purposes of the Davidson Seamount Management Zone, these activities are listed in the 2008 Final Environmental Impact Statement. New activities may be exempted from the prohibitions in paragraphs (a)(2) through (12) of this section by the Director after consultation between the Director and the Department of Defense.

(608) (2) 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 Department of Defense activity, the Department of Defense, 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.

(609) (d) The prohibitions in paragraph (a)(1) of this section as it pertains to jade collection in the Sanctuary, and paragraphs (a)(2) through (11) and (a)(13) of this section, 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 922.133 or a Special Use permit issued pursuant to section 310 of the Act.

(610) (e) The prohibitions in paragraphs (a)(2) through (a)(8) of this section, and (a)(12) of this section regarding any introduced species of shellfish that NOAA and the State of California have determined is non-invasive and will not cause significant adverse effects to sanctuary resources or qualities, and that is cultivated in state waters as part of commercial shellfish aquaculture activities, do not apply to any activity authorized by any lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation (January 1, 1993) and issued by any Federal, State, or local authority of competent jurisdiction, provided that the applicant complies with 15 CFR 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals, and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date of Sanctuary designation.

(611) (f) Notwithstanding paragraphs (d) and (e) of this section, in no event may the Director issue a National Marine Sanctuary permit under 15 CFR 922.48 and 922.133 or a Special Use permit under section 310 of the Act authorizing, or otherwise approve: the exploration for, development, or production of oil, gas, or minerals within the Sanctuary, except for the collection of jade pursuant to paragraph (a)(1) of this section; the discharge of primary-treated sewage within the Sanctuary (except by certification, pursuant to 15 CFR 922.47, of valid authorizations in existence on January 1, 1993 and issued by other authorities of competent jurisdiction); or the disposal of dredged material within the Sanctuary other than at sites authorized by EPA (in consultation with COE) prior to January 1, 1993. Any purported authorizations issued by other authorities within the Sanctuary shall be invalid.

(612) 
 § 922.133 Permit procedures and criteria.
(613) (a) A person may conduct an activity prohibited by §922.132(a)(1) as it pertains to jade collection in the Sanctuary, §922.132(a)(2) through (11), and §922.132(a)(13), if such activity is specifically authorized by, and conducted in accordance with the scope, purpose, terms, and conditions of, a permit issued under this section and 15 CFR 922.48.

(614) (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 §922.132(a)(1) as it pertains to jade collection in the Sanctuary, §922.132(a)(2) through (11), and §922.132(a)(13), if the Director finds that the activity will have at most short-term and negligible adverse effects on Sanctuary resources and qualities and:

(615) (1) Is research designed to further understanding of Sanctuary resources and qualities;

(616) (2) Will further the educational, natural, or historical value of the Sanctuary;

(617) (3) Will further salvage or recovery operations within or near the Sanctuary in connection with a recent air or marine casualty;

(618) (4) Will assist in managing the Sanctuary;

(619) (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; or

(620) (6) Will allow the removal, without the use of pneumatic, mechanical, electrical, hydraulic or explosive tools, of loose jade from the Jade Cove area under §922.132(a)(1)(iv).

(621) (c) In deciding whether to issue a permit, the Director shall consider such factors as:

(622) (1) Will the activity be conducted by an applicant that is professionally qualified to conduct and complete the activity;

(623) (2) Will the activity be conducted by an applicant with adequate financial resources available to conduct and complete the activity;

(624) (3) Is the activity proposed for no longer than necessary to achieve its stated purpose;

(625) (4) Must the activity be conducted within the Sanctuary;

(626) (5) Will the activity be conducted using methods and procedures that 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;

(627) (6) Will the activity 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;

(628) (7) Will the activity 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; and

(629) (8) Does the reasonably expected end value of the activity to the furtherance of the Sanctuary goals and objectives outweigh any potential adverse effects on Sanctuary resources and qualities from the conduct of the activity.

(630) (d) For jade collection, preference will be given for applications proposing to collect loose pieces of jade for research or educational purposes.

(631) (e) The Director may consider such other factors as he or she deems appropriate.

(632) (f) Applications.

(633) (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Monterey Bay National Marine Sanctuary, 299 Foam Street, Monterey, CA 93940.

(634) (2) In addition to the information listed in 15 CFR 922.48(b), all applications must include information the Director needs to make the findings in paragraph (b) of this section and information to be considered by the Director pursuant to paragraph (c) of this section.

(635) (g) 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.

(636) 
 § 922.134 Review of certain State permits and leases.
(637) (a)(1) NOAA has described in a Memorandum of Agreement (MOA) with the State of California how NOAA will coordinate review of any introduction of non-invasive introduced species from a proposed shellfish aquaculture project when considering an authorization under §922.132(e).

(638) (2) The MOA specifies how the process of 15 CFR 922.49 will be administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission.

(639) (b)(1) NOAA has entered into a Memorandum of Agreement (MOA) with the State of California, EPA, and the Association of Monterey Bay Area Governments regarding the Sanctuary regulations relating to water quality within State waters within the Sanctuary.

(640) With regard to permits, the MOA encompasses:

(641) (i) National Pollutant Discharge Elimination System (NPDES) permits issued by the State of California under section 13377 of the California Water Code; and

(642) (ii) Waste Discharge Requirements issued by the State of California under section 13263 of the California Water Code.

(643) (2) The MOA specifies how the process of 15 CFR 922.49 will be administered within State waters within the Sanctuary in coordination with the State permit program.

(644) 
 Appendix A to Subpart M of Part 922 – Monterey Bay National Marine Sanctuary Boundary Coordinates
(645) Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.

(646)


(647) 
 Appendix B to Subpart M of Part 922 – Zones Within the Sanctuary Where Overflights Below 1,000 Feet are Prohibited
(648) The four zones are:

(649) (1) From mean high water to 3 nautical miles (nmi) between a line extending from Point Santa Cruz on a southwesterly bearing of 220° true and a line extending from 2.0 nmi north of Pescadero Point on a southwesterly bearing of 240° true;

(650) (2) From mean high water to 3 nmi offshore between a line extending from the Carmel River mouth on a westerly bearing of 270° true and a line extending due west along latitude parallel 35°33'17.6"N off of Cambria;

(651) (3) From mean high water and within a 5 nmi seaward arc drawn from a center point of 36°48'04.6"N., 121°47'25.2"W. (the end of the Moss Landing ocean pier as it appeared on the most current NOAA nautical charts as of January 1, 1993); and

(652) (4) Over the Sanctuary's jurisdictional waters of Elkhorn Slough east of the Highway One bridge to Elkhorn Road.

(653) 
 Appendix C to Subpart M of Part 922 – Dredged Material Disposal Sites within the Sanctuary
(654) [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]

(655)


(656) 
 Appendix D to Subpart M of Part 922 – Dredged Material Disposal Sites Adjacent to the Monterey Bay National Marine Sanctuary
(657) [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]

(658) As of January 1, 1993, the U.S. Army Corps of Engineers operates the following dredged material disposal site adjacent to the Sanctuary off of the Golden Gate:

(659)


(660) 
 Appendix E to Subpart M of Part 922 – Motorized Personal Watercraft Zones and Access Routes within the Sanctuary
(661) [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]

(662) The five zones and access routes are:

(663) (1) The approximately one [1.0] nmi2 area off Pillar Point Harbor from harbor launch ramps, through the harbor entrance to the northern boundary of Zone One:

(664)


(665) (2) The approximately five [5.0] nmi2 area off of Santa Cruz Small Craft Harbor from harbor launch ramps, through the harbor entrance, and then along a 100-yard wide access route southwest along a bearing of approximately 196° true (180° magnetic) to the red and white whistle buoy at 36°56'17.9"N., 122°00'36.0"W. Zone Two is bounded by:

(666)


(667) (3) The approximately six [6.0] nmi2 area off of Moss Landing Harbor from harbor launch ramps, through harbor entrance, and then along a 100-yard wide access route southwest along a bearing of approximately 230° true (215° magnetic) to the red and white bell buoy at the eastern boundary of Zone Three bounded by:

(668)


(669) (4) The approximately five [5.0] nmi2 area off of Monterey Harbor from harbor launch ramps to the seaward end of the U.S. Coast Guard Pier, and then along a 100-yard wide access route northeast along a bearing of approximately 15° true (0° magnetic) to the southern boundary of Zone Four bounded by:

(670)


(671) (5) The approximately one-tenth [0.10] nmi2 area near Pillar Point from the Pillar Point Harbor entrance along a 100-yard wide access route southeast along a bearing of approximately 174° true (159° magnetic) to the green bell buoy (identified as “Buoy 3”) at 37°28'53.5"N., 122°28'53.6"W. and then along a 100-yard wide access route northwest along a bearing of approximately 284° true (269° magnetic) to the green gong buoy (identified as “Buoy 1”) at 37°29'10.5"N., 122°30'21.7"W., the southwest boundary of Zone Five. Zone Five exists only when a High Surf Warning has been issued by the National Weather Service and is in effect for San Mateo County and only during December, January, and February. Zone Five is bounded by:

(672)


(673) 
 Appendix F to Subpart M of Part 922 – Davidson Seamount Management Zone
(674) [Coordinates in this appendix are unprojected (Geographic Coordinate System) and are calculated using the North American Datum of 1983]

(675)


(676) 
 Subpart O – Olympic Coast National Marine Sanctuary

(677) 
 § 922.150 Boundary.
(678) (a) The Olympic Coast National Marine Sanctuary (Sanctuary) consists of an area of approximately 2,408 square nautical miles (nmi) of coastal and ocean waters, and the submerged lands thereunder, off the central and northern coast of the State of Washington.

(679) (b) The Sanctuary boundary extends from Koitlah Point due north to the United States/Canada international boundary. The Sanctuary boundary then follows the U.S./Canada international boundary seaward to the 100 fathom isobath. The seaward boundary of the Sanctuary approximates the 100 fathom isobath in a southerly direction from the U.S./Canada international boundary to a point due west of the mouth of the Copalis River cutting across the heads of Nitnat, Juan de Fuca and Quinault Canyons. The coastal boundary of the Sanctuary is the mean higher high water line when adjacent to Federally managed lands cutting across the mouths of all rivers and streams, except where adjacent to Indian reservations, State and county owned lands; in such case, the coastal boundary is the mean lower low water line. La Push harbor is excluded from the Sanctuary boundary shoreward of the International Collision at Sea regulation (Colreg.) demarcation lines. The boundary coordinates are listed in appendix A to this subpart.

(680) 
 § 922.151 Definitions.
(681) In addition to those definitions found at §922.3, the following definitions apply to this subpart:

(682) Clean means not containing detectable levels of harmful matter.

(683) Cruise ship means a vessel with 250 or more passenger berths for hire.

(684) Harmful matter means any substance, or combination of substances, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a present or potential threat to Sanctuary resources or qualities, including but not limited to: Fishing nets, fishing line, hooks, fuel, oil, and those contaminants (regardless of quantity) listed pursuant to 42 U.S.C. 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act at 40 CFR 302.4.

(685) Indian reservation means a tract of land set aside by the Federal Government for use by a federally recognized American Indian tribe and includes, but is not limited to, the Makah, Quileute, Hoh, and Quinault Reservations.

(686) Lawful fishing means fishing authorized by a tribal, State or Federal entity with jurisdiction over the activity.

(687) Treaty means a formal agreement between the United States Government and an Indian tribe.

(688) 
 § 922.152 Prohibited or otherwise regulated activities.
(689) (a) Except as specified in paragraphs (b) through (g) of this section, the following activities are prohibited and thus are unlawful for any person to conduct or to cause to be conducted:

(690) (1) Exploring for, developing or producing oil, gas or minerals within the Sanctuary.

(691) (2)(i) Discharging or depositing, from within or into the Sanctuary, other than from a cruise ship, any material or other matter except:

(692) (A) Fish, fish parts, chumming materials or bait used in or resulting from lawful fishing operations in the Sanctuary;

(693) (B) Biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 U.S.C. 1322 et seq.;

(694) (C) Water generated by routine vessel operations (e.g., cooling water, deck wash down, and graywater as defined by section 312 of the FWPCA) excluding oily wastes from bilge pumping;

(695) (D) Engine exhaust; or

(696) (E) Dredge spoil in connection with beach nourishment projects related to the Quillayute River Navigation Project.

(697) (ii) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, except those listed in paragraphs (a)(2)(i)(A) through (E) of this section, that subsequently enters the Sanctuary and injures a Sanctuary resource or quality.

(698) (3) Discharging or depositing, from within or into the Sanctuary, any materials or other matter from a cruise ship except clean vessel engine cooling water, clean vessel generator cooling water, clean bilge water, engine exhaust, or anchor wash.

(699) (4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from lawful fishing operations.

(700) (5) Drilling into, dredging or otherwise altering the submerged lands of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the submerged lands of the Sanctuary, except as an incidental result of:

(701) (i) Anchoring vessels;

(702) (ii) Lawful fishing operations;

(703) (iii) Installation of navigation aids;

(704) (iv) Harbor maintenance in the areas necessarily associated with the Quillayute River Navigation Project, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties, and related beach nourishment;

(705) (v) Construction, repair, replacement or rehabilitation of boat launches, docks or piers, and associated breakwaters and jetties; or

(706) (vi) Beach nourishment projects related to harbor maintenance activities.

(707) (6) Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except as authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 U.S.C. 1361 et seq. the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et seq. and the Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 et seq. or pursuant to any Indian treaty with an Indian tribe to which the United States is a party, provided that the Indian treaty right is exercised in accordance with the MMPA, ESA, and MBTA, to the extent that they apply.

(708) (7) Disturbing marine mammals or seabirds by flying motorized aircraft at less than 2,000 feet over the waters within one nautical mile of the Flattery Rocks, Quillayute Needles, or Copalis National Wildlife Refuges or within one nautical mile seaward from the coastal boundary of the Sanctuary, except for activities related to tribal timber operations conducted on reservation lands, or to transport persons or supplies to or from reservation lands as authorized by a governing body of an Indian tribe. Failure to maintain a minimum altitude of 2,000 feet above ground level over any such waters is presumed to disturb marine mammals or seabirds.

(709) (8) Possessing within the Sanctuary (regardless of where taken, moved or removed from) any historical resource, or any marine mammal, sea turtle, or seabird taken in violation of the MMPA, ESA, or MBTA, to the extent that they apply.

(710) (9) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation or permit issued under the Act.

(711) (b) The prohibitions in paragraph (a)(2) through (5), (7), and (8) of this section do not apply to activities necessary to respond to emergencies threatening life, property, or the environment.

(712) (c) The prohibitions in paragraphs (a)(2) through (5), (7), and (8) of this section do not apply to activities necessary for valid law enforcement purposes.

(713) (d)(1) All Department of Defense military activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources and qualities.

(714) (i) Except as provided in paragraph (d)(2) of this section, the prohibitions in paragraphs (a)(2) through (8) of this section do not apply to the following military activities performed by the Department of Defense in W–237A, W–237B, and Military Operating Areas Olympic A and B in the Sanctuary:

(715) (A) Hull integrity tests and other deep water tests;

(716) (B) Live firing of guns, missiles, torpedoes, and chaff;

(717) (C) Activities associated with the Quinault Range including the in-water testing of non-explosive torpedoes; and

(718) (D) Anti-submarine warfare operations.

(719) (ii) New activities may be exempted from the prohibitions in paragraphs (a)(2) through (8) of this section by the Director after consultation between the Director and the Department of Defense. If it is determined that an activity may be carried out such activity shall be carried out in a manner that avoids to the maximum extent practicable any adverse impact on Sanctuary resources and qualities. Civil engineering and other civil works projects conducted by the U.S. Army Corps of Engineers are excluded from the scope of this paragraph (d).

(720) (2) The Department of Defense is prohibited from conducting bombing activities within the Sanctuary.

(721) (3) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuary resource or quality resulting from an untoward incident, including but not limited to spills and groundings caused by the Department of Defense, the Department of Defense shall promptly coordinate with the Director for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality.

(722) (e) The prohibitions in paragraphs (a)(2) through (8) of this section do not apply to any activity executed in accordance with the scope, purpose, terms and conditions of a National Marine Sanctuary permit issued pursuant to §§922.48 and 922.153 or a Special Use permit issued pursuant to section 310 of the Act.

(723) (f) Members of a federally recognized Indian tribe may exercise aboriginal and treaty-secured rights, subject to the requirements of other applicable law, without regard to the requirements of this part. The Director may consult with the governing body of a tribe regarding ways the tribe may exercise such rights consistent with the purposes of the Sanctuary.

(724) (g) The prohibitions in paragraphs (a)(2) through (8) of this section do not apply to any activity authorized by any lease, permit, license, or other authorization issued after July 22, 1994, and issued by any Federal, State or local authority of competent jurisdiction, provided that the applicant complies with § 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals and extensions of authorizations in existence on the effective date of designation constitute authorizations issued after the effective date.

(725) (h) Notwithstanding paragraphs (e) and (g) of this section, in no event may the Director issue a National Marine Sanctuary permit under §§922.48 and 922.153 or a Special Use permit under section 310 of the Act authorizing, or otherwise approve: The exploration for, development or production of oil, gas or minerals within the Sanctuary; the discharge of primary-treated sewage within the Sanctuary; the disposal of dredged material within the Sanctuary other than in connection with beach nourishment projects related to the Quillayute River Navigation Project; or bombing activities within the Sanctuary. Any purported authorizations issued by other authorities after July 22, 1994 for any of these activities within the Sanctuary shall be invalid.

(726) 
 § 922.153 Permit procedures and criteria.
(727) (a) A person may conduct an activity prohibited by paragraphs (a)(2) through (8) of §922.152 if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and §922.48.

(728) (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Olympic Coast National Marine Sanctuary, 115 East Railroad Avenue, Suite 301, Port Angeles, WA 98362–2925.

(729) (c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct an activity prohibited by paragraphs (a)(2) through (8) of §922.152, if the Director finds that the activity will not substantially injure Sanctuary resources and qualities and will: Further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; assist in managing the Sanctuary; further salvage or recovery operations in connections with an abandoned shipwreck in the Sanctuary title to which is held by the State of Washington; or be issued to an American Indian tribe adjacent to the Sanctuary, and/or its designee as certified by the governing body of the tribe, to promote or enhance tribal self-determination, tribal government functions, the exercise of treaty rights, the economic development of the tribe, subsistence, ceremonial and spiritual activities, or the education or training of tribal members. For the purpose of this part, American Indian tribes adjacent to the sanctuary mean the Hoh, Makah, and Quileute Indian Tribes and the Quinault Indian Nation. In deciding whether to issue a permit, the Director may consider such factors as: The professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; the end value of the activity; and the impacts of the activity on adjacent American Indian tribes. Where the issuance or denial of a permit is requested by the governing body of an American Indian tribe, the Director shall consider and protect the interests of the tribe to the fullest extent practicable in keeping with the purposes of the Sanctuary and his or her fiduciary duties to the tribe. The Director may also deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms or conditions of a permit or of these regulations. In addition, the Director may consider such other factors as he or she deems appropriate.

(730) (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity.

(731) (e) The Director may, inter alia make it a condition of any permit issued that any data or information obtained under the permit be made available to the public.

(732) (f) The Director may, inter alia make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit.

(733) (g) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance to the tribe.

(734) (h) Removal, or attempted removal of any Indian cultural resource or artifact may only occur with the express written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certification by the Director that such activities occur in a manner that minimizes damage to the biological and archeological resources. Prior to permitting entry onto a significant cultural site designated by a tribal governing body, the Director shall require the express written consent of the governing body of the tribe or tribes to which such cultural site pertains.

(735) 
 § 922.154 Consultation with the State of Washington, affected Indian tribes, and adjacent county governments.
(736) (a) The Director shall regularly consult with the State of Washington, the governing bodies of tribes with reservations adjacent to the Sanctuary, and adjacent county governments regarding areas of mutual concern, including Sanctuary programs, permitting, activities, development, and threats to Sanctuary resources.

(737) (b) The Director shall, when requested by such governments, enter into a memorandum of understanding regarding such consultations.

(738) 
 Appendix A to Subpart O of Part 922 – Olympic Coast National Marine Sanctuary Boundary Coordinates
(739) [Based on North American Datum of 1983]

(740)


(741) 
 Subpart Q – Hawai ‘ ian Islands Humpback Whale National Marine Sanctuary

(742) 
 § 922.180 Purpose.
(743) (a) The purpose of the regulations in this subpart is to implement the designation of the Hawai‘ian Islands Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes for which the Sanctuary was designated, in order to protect, preserve, and manage the conservation, ecological, recreational, research, educational, historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to supplement and complement existing regulatory authorities; to facilitate to the extent compatible with the primary objective of protecting the humpback whale and its habitat, all public and private uses of the Sanctuary, including uses of Hawai‘ian natives customarily and traditionally exercised for subsistence, cultural, and religious purposes, as well as education, research, recreation, commercial and military activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback whale and its habitat; to contribute to the maintenance of natural assemblages of humpback whales for future generations; to provide a place for humpback whales that are dependent on their Hawai‘ian Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and NMSA.

(744) (b) These regulations may be modified to fulfill the Secretary’s responsibilities for the Sanctuary, including the provision of additional protections for humpback whales and their habitat, if reasonably necessary, and the conservation and management of other marine resources, qualities and ecosystems of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor of the State of Hawaii on any modification to the regulations contained in this part. For any modification of the regulations contained in this part that would constitute a change in a term of the designation, as contained in the Designation Document for the Sanctuary, the Secretary shall follow the applicable requirements of section 303 and 304 of the NMSA, and sections 2305 and 2306 of the HINMSA.

(745) (c) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will re-propose the Sanctuary management plan and regulations in their entirety with any proposed changes thereto. The Governor of the State of Hawaii will have the opportunity to review the re-proposed management plan and regulations before they take effect and if the Governor certifies any term or terms of such management plan or regulations as unacceptable, the unacceptable term or terms will not take effect in State waters of the Sanctuary.

(746) 
 § 922.181 Boundary.
(747) (a) Except for excluded areas described in Paragraph (b) of this section, the Hawai‘ian Islands Humpback Whale National Marine Sanctuary consists of the submerged lands and waters off the coast of the Hawai‘ian Islands seaward from the shoreline, cutting across the mouths of rivers and streams:

(748) (1) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai;

(749) (2) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu;

(750) (3) To the 100-fathom (183 meter) isobath from Cape Halawa, Moloka‘i, south and westward to Ilio Point, Moloka‘i; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui;

(751) (4) To the deep water area of Pailolo Channel from Cape Halawa, Moloka‘i, to Lipoa Point, Maui, and southward;

(752) (5) To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii.

(753) (b) Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors:

(754)


(755) (c) The coordinates of the lateral extents of each boundary area within the Sanctuary boundary appear in Appendix A of this subpart Q.

(756) 
 § 922.182 Definitions.
(757) (a) Acts means the Hawai‘ian Islands National Marine Sanctuary Act (HINMSA; sections 2301-2307 of Public Law 102-587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431 et seq.).

(758) Adverse impact means an impact that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms.

(759) Alteration of the seabed means drilling into, dredging, or otherwise altering a natural physical characteristic of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary.

(760) Habitat means those areas that provide space for individual and population growth and normal behavior of humpback whales, and include sites used for reproductive activities, including breeding, calving and nursing.

(761) Military activities means those military activities conducted by or under the auspices of the Department of Defense and any combined military activities carried out by the Department of Defense and the military forces of a foreign nation.

(762) Sanctuary means the Hawai‘ian Islands Humpback Whale National Marine Sanctuary.

(763) Sanctuary resource means any humpback whale, or the humpback whale’s habitat within the Sanctuary.

(764) Shoreline means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.

(765) Take or taking a humpback whale means to harass, harm, pursue, hunt, shoot, wound, kill, capture, collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes, but is not limited to, any of the following activities: collecting any dead or injured humpback whale, or any part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how temporarily; tagging any humpback whale; operating a vessel or aircraft or doing any other act that results in the disturbing or molesting of any humpback whale.

(766) (b) Other terms appearing in the regulations in this subpart are defined at 15 CFR 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401 et seq., and 16 U.S.C. 1431 et seq.

(767) 
 § 922.183 Allowed activities.
(768) (a) All activities except those prohibited by §922.184 may be undertaken in the Sanctuary subject to any emergency regulations promulgated pursuant to §922.185, subject to the interagency cooperation provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and §922.187 of this subpart, and subject to the liability established by section 312 of the NMSA and §922.46. All activities are also subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or county authority of competent jurisdiction.

(769) (b) Included as activities allowed under the first sentence of paragraph (a) of this §922.183 are all classes of military activities, internal or external to the Sanctuary, that are being or have been conducted before the effective date of these regulations, as identified in the Final Environmental Impact Statement/Management Plan. Paragraphs (a)(1) through (a)(5) of §922.184 do not apply to these classes of activities, nor are these activities subject to further consultation under section 304(d) of the NMSA.

(770) (c) Military activities proposed after the effective date of the regulations in this subpart, are also included as allowed activities under the first sentence of Paragraph (a) of this section. Paragraphs (a) (1) through (5) of §922.184 apply to these classes of activities unless–

(771) (1) They are not subject to consultation under section 304(d) of the NMSA and §922.187 of this subpart, or

(772) (2) Upon consultation under section 304(d) of the NMSA and §922.187 of this subpart, NOAA’s findings and recommendations include a statement that paragraphs (a)(1) through (5) of §922.184 do not apply to the military activity.

(773) (d) If a military activity described in paragraphs (b) or (c)(2) of this section is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this subpart, or if the modified activity is likely to destroy, cause the loss of, or injure any Sanctuary resource not considered in a previous consultation under section 304(d) of the NMSA and §922.187 of this subpart, the modified activity will be treated as a new military activity under Paragraph (c) of this section.

(774) (e) If a proposed military activity subject to section 304(d) of the NMSA and §922.187 of this subpart is necessary to respond to an emergency situation and the Secretary of Defense determines in writing that failure to undertake the proposed activity during the period of consultation would impair the national defense, the Secretary of the military department concerned may request the Director that the activity proceed during consultation. If the Director denies such a request, the Secretary of the military department concerned may decide to proceed with the activity. In such case, the Secretary of the military department concerned shall provide the Director with a written statement describing the effects of the activity on Sanctuary resources once the activity is completed.

(775) 
 § 922.184 Prohibited activities.
(776) (a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted.

(777) (1) Approaching, or causing a vessel or other object to approach, within the Sanctuary, by any means, within 100 yards of any humpback whale except as authorized under the Marine Mammal Protection Act, as amended (MMPA), 16 U.S.C. 1361 et seq. and the Endangered Species Act, as amended (ESA), 16 U.S.C. 1531 et seq.;

(778) (2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as necessary for takeoff or landing from an airport or runaway, or as authorized under the MMPA and the ESA;

(779) (3) Taking any humpback whale in the Sanctuary except as authorized under the MMPA and the ESA;

(780) (4) Possessing within the Sanctuary (regardless of where taken) any living or dead humpback whale or part thereof taken in violation of the MMPA or the ESA;

(781) (5) Discharging or depositing any material or other matter in the Sanctuary; altering the seabed of the Sanctuary; or discharging or depositing any material or other matter outside the Sanctuary if the discharge or deposit subsequently enters and injures a humpback whale or humpback whale habitat, provided that such activity:

(782) (i) Requires a Federal or State permit, license, lease, or other authorization; and

(783) (ii) Is conducted:

(784) (A) Without such permit, license, lease, or other authorization, or

(785) (B) Not in compliance with the terms or conditions of such permit, license, lease, or other authorization.

(786) (6) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of either of the Acts or any regulations issued under either of the Acts.

(787) (b) The prohibitions in paragraphs (a)(1) through (5) of this section do not apply to activities necessary to respond to emergencies threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. However, while such activities are not subject to paragraphs (a)(1) through (5) of this section, this Paragraph (b) does not exempt the activity from the underlying prohibition or restriction under other applicable laws and regulations (e.g. MMPA, ESA, and CWA).

(788) (c) Any Sanctuary fishery regulations shall not take effect in Hawaii State waters until established by the State Board of Land and Natural Resources.

(789) 
 § 922.185 Emergency Regulations.
(790) Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Before issuance of such regulations the Director shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of Hawaii. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by the Governor of Hawaii.

(791) 
 § 922.186 Penalties; appeals.
(792) (a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or regulation in this subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a continuing violation constitutes a separate violation.

(793) (b) Regulations setting forth the procedures governing the administrative proceedings for assessment of civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904.

(794) (c) A person subject to an action taken for enforcement reasons for violation of the regulations in the subpart or either of the Acts may appeal pursuant to the applicable procedures in 15 CFR part 904.

(795) 
 § 922.187 Interagency Cooperation.
(796) Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all environmental requirements.

(797) 
 Appendix A to Subpart Q – Hawai ‘ ian Islands Humpback Whale, National Marine Sanctuary Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas.
(798) Appendix A provides a text and pictorial (see Figures 1-3) description of the Sanctuary boundary with specific lateral closure points and exclusion areas. The lateral extends (bounds) of each boundary area are closed by straight lines defined by at least two points. It may be necessary to extend these lines beyond the defining points to intersect the actual 100 fathom contour or the shoreline. Each point corresponds to a bounds number indicated in Figure 2. Digital files of the Sanctuary boundary (available in three common formats, ESRI Shape File, MapInfo Table and an ASCII Exchange format) are available from the Sanctuary office in Kihei, Maui, at the address listed above or by calling 808–879–2818. These digital geographies are the best available representation of the verbal legal delineation and were derived from: the Hawai‘ian shoreline as supplied by State of Hawaii through the Office of Planning GIS Office, the NOAA and State of Hawaii agreed upon lateral boundary and exclusion areas, and the 100 fathom isobath digitized from the following 1:80,000 scale NOAA nautical charts:

(799) 19327–West Coast of Hawaii (9th ED, 4/29/89)

(800) 19347–Channels between Moloka‘i, Maui, Lanai, and Kahoolawe (17th ED, 12/13/97)

(801) 19351–Channels between Oahu, Moloka‘i, and Lanai (8th ED, 7/01/89)

(802) 19357–Island of Oahu (20th ED, 9/21/96), and

(803) 19381–Island of Kauai (8th ED, 7/17/1993).

(804) For the portion of the Lanai region of the HIHWNMS west of Chart 19351, [157°42.8'W.] the 100 fathom contour was derived from the 1:250,999 chart 19340–Hawaii to Oahu (24th ED, 1/09/1993).

(805) All digital geography data have been referenced to WGS84 (NAD83) and have been converted to geographic (latitude and longitude) coordinates.

(806) 
 Sanctuary Boundary
(807) A. As defined by the specific lateral boundaries in B, and except for excluded areas described in Paragraph C of this section, the Hawai‘ian Islands Humpback Whale National Marine Sanctuary consists of the submerged lands and waters off the coast of the Hawai‘ian Islands seaward from the shoreline, cutting across the mouths of rivers and streams (see Figure 1):


(809) 1. To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Mokolea Point, Kauai;

(810) 2. To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Kapahulu Groin in Waikiki eastward to Makapuu Point, Oahu;

(811) 3. To the 100-fathom (183 meter) isobath from Cape Halawa, Moloka‘i, south and westward to Ilio Point, Moloka‘i; southwestward to include Penguin Banks; eastward along the east side of Lanai; to the waters seaward of the three nautical mile limit north of Kahoolawe, to the Hanamanoia Lighthouse on Maui, and northward along the shoreline to Lipoa Point, Maui;

(812) 4. To the deep water area of Pailolo Channel from Cape Halawa, Moloka‘i, to Lipoa Point, Maui, and southward;

(813) 5. To the 100-fathom (183 meter) isobath from Upolu Point southward to Keahole Point, Hawaii.

(814) B. Lateral Closure Bounds for the Hawai‘ian Islands Humpback Whale National Marine Sanctuary Boundary (see Figure 2).

(815) C. Excluded Ports and Harbors Bounds (See Figure 3).




(819) 
 TITLE 33 – NAVIGATION AND NAVIGABLE WATERS

(820) 
 Part 26 – Vessel Bridge-to-Bridge Radiotelephone Regulations

(821) 
 § 26.01 Purpose
(822) (a) The purpose of this part is to implement the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act. This part–

(823) (1) Requires the use of the vessel bridge-to-bridge radiotelephone;

(824) (2) Provides the Coast Guard’s interpretation of the meaning of important terms in the Act;

(825) (3) Prescribes the procedures for applying for an exemption from the Act and the regulations issued under the Act and a listing of exemptions.

(826) (b) Nothing in this part relieves any person from the obligation of complying with the rules of the road and the applicable pilot rules.

(827) 
 § 26.02 Definitions.
(828) For the purpose of this part and interpreting the Act–

(829) <Deleted Paragraph>

(830) Act means the “Vessel Bridge-to-Bridge Radiotelephone Act” 33 U.S.C. sections 1201–1208;

(831) Length is measured from end to end over the deck excluding sheer;

(832) Power-driven vessel means any vessel propelled by machinery; and

(832.01) Secretary means the Secretary of the Department in which the Coast Guard is operating;

(833) Towing vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.

(834) Vessel Traffic Services (VTS) means a service implemented under Part 161 of this chapter by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area.

(835) Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service as described in Part 161 of this chapter. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements.

(836) Note: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry to report beyond this area to facilitate traffic management within the VTS area.

(837) 
 § 26.03 Radiotelephone required.
(838) (a) Unless an exemption is granted under §26.09 and except as provided in Paragraph (a)(4) of this section, this part applies to:

(839) (1) Every power-driven vessel of 20 meters or over in length while navigating;

(840) (2) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating;

(841) (3) Every towing vessels of 26 feet or over in length while navigating; and

(842) (4) Every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels except for an unmanned or intermittently manned floating plant under the control of a dredge.

(843) (b) Every vessel, dredge, or floating plant described in Paragraph (a) of this section must have a radiotelephone on board capable of operation from its navigational bridge, or in the case of a dredge, from its main control station, and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission for the exchange of navigational information.

(844) (c) The radiotelephone required by Paragraph (b) of this section must be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States.

(845) (d) The radiotelephone required by Paragraph (b) of this section must be capable of transmitting and receiving on VHF FM channel 22A (157.1 MHz).

(846) (e) While transiting any of the following waters, each vessel described in Paragraph (a) of this section also must have on board a radiotelephone capable of transmitting and receiving on VHF FM channel 67 (156.375 MHz):

(847) (1) The lower Mississippi River from the territorial sea boundary, and within either the Southwest Pass safety fairway or the South Pass safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near Baton Rouge;

(848) (2) The Mississippi River-Gulf Outlet from the territorial sea boundary, and within the Mississippi River-Gulf outlet Safety Fairway specified in 33 CFR 166.200, to that channel’s junction with the Inner Harbor Navigation Canal; and

(849) (3) The full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to that canal’s entry to Lake Pontchartrain at the New Seabrook vehicular bridge.

(850) (f) In addition to the radiotelephone required by Paragraph (b) of this section each vessel described in Paragraph (a) of this section while transiting any waters within a Vessel Traffic Service Area, must have on board a radiotelephone capable of transmitting and receiving on the VTS designated frequency in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

(851) Note: A single VHF-FM radio capable of scanning or sequential monitoring (often referred to as “dual watch” capability) will not meet the requirements for two radios.

(852) 
 § 26.04 Use of the designated frequency.
(853) (a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207 (a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests.

(854) (b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels.

(855) (c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels.

(856) (d) On the navigable waters of the United States, channel 13 (156.65 MHz) is the designated frequency required to be monitored in accordance with §26.05(a) except that in the area prescribed in §26.03(e), channel 67 (156.375 MHz) is the designated frequency.

(857) (e) On those navigable waters of the United States within a VTS area, the designated VTS frequency is an additional designated frequency required to be monitored in accordance with §26.05.

(858) 
 § 26.05 Use of radiotelephone.
(859) Section 5 of the Act states that the radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this act.

(860) 
 § 26.06 Maintenance of radiotelephone; failure of radiotelephone.
(861) Section 6 of the Act states – (a) Whenever radiotelephone capability is required by this Act, a vessel’s radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel’s radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel.

(862) 
 § 26.07 Communications.
(863) No person may use the service of, and no person may serve as, a person required to maintain a listening watch under section 5 of the Act, 33 U.S.C. 1204, unless the person can communicate in the English language.

(864) 
 § 26.08 Exemption procedures.
(865) (a) The Commandant has redelegated to the Assistant Commandant for Marine Safety, Security and Environmental Protection, U.S. Coast Guard Headquarters, with the reservation that this authority shall not be further redelegated, the authority to grant exemptions from provisions of the Vessel Bridge-to-Bridge Radiotelephone Act and this part.

(866) (b) Any person may petition for an exemption from any provision of the Act or this part;

(867) (c) Each petition must be submitted in writing to Commandant (CG–DCO–D), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593–7318, and must state:

(868) (1) The provisions of the Act or this part from which an exemption is requested; and

(869) (2) The reasons why marine navigation will not be adversely affected if the exemption is granted and if the exemption relates to a local communication system how that system would fully comply with the intent of the concept of the Act but would not conform in detail if the exemption is granted.

(870) 
 § 26.09 List of exemptions.
(871) (a) All vessels navigating on those waters governed by the navigation rules for Great Lakes and their connecting and tributary waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the Vessel Bridge- to-Bridge Radiotelephone Act and this part until May 6, 1975.

(872) (b) Each vessel navigating on the Great Lakes as defined in the Inland Navigation Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to which the Vessel Bridge- to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, and 1205 and the regulations under §§26.03, 26.04, 26.05, 26.06, and 26.07. Each of these vessels and each person to whom 33 U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, XV, and XVI and Technical Regulations 1–9 of “The Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by Means of Radio, 1973.”

(873) 
 Part 80 – COLREGS Demarcation Lines

(874) 
 § 80.01 General basis and purpose of demarcation lines.
(875) (a) The regulations in this part establish the lines of demarcation delineating those waters upon which mariners shall comply with the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) and those waters upon which mariners shall comply with the Inland Navigation Rules.

(876) (b) The waters inside of the lines are Inland Rules waters. The waters outside the lines are COLREGS waters.

(877) (c) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

(878) 
 § 80.1102 Santa Catalina Island, CA.
(879) The 72 COLREGS shall apply to the harbors on Santa Catalina Island.

(880) 
 § 80.1104 San Diego Harbor, CA.
(881) A line drawn from Zuniga Jetty Light “V” to Zuniga Jetty Light “Z”; thence to Point Loma Light.

(882) 
 § 80.1106 Mission Bay, CA.
(883) A line drawn from Mission Bay South Jetty Light 2 to Mission Bay North Jetty Light 1.

(884) 
 § 80.1108 Oceanside Harbor, CA.
(885) A line drawn from Oceanside South Jetty Light 4 to Oceanside Breakwater Light 3.

(886) 
 § 80.1110 Dana Point Harbor, CA.
(887) A line drawn from Dana Point Jetty Light 4 to Dana Point Breakwater Light 3.

(888) 
 § 80.1112 Newport Bay, CA.
(889) A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West Jetty Light 3.

(890) 
 § 80.1114 San Pedro Bay-Anaheim Bay, CA.
(891) (a) A line drawn across the seaward extremities of the Anaheim Bay Entrance Jetties; thence to Long Beach Breakwater East End Light 1.

(892) (b) A line drawn from Long Beach Channel Entrance Light 2 to Long Beach Light.

(893) (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to Los Angeles Light.

(894) 
 § 80.1116 Redondo Harbor, CA.
(895) A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach West Jetty Light 3.

(896) 
 § 80.1118 Marina Del Rey, CA.
(897) (a) A line drawn from Marina Del Rey Breakwater South Light 1 to Marina Del Rey Light 4.

(898) (b) A line drawn from Marina Del Rey Breakwater North Light 2 to Marina Del Rey Light 3.

(899) (c) A line drawn from Marina Del Rey Light 4 to the seaward extremity of the Ballona Creek South Jetty.

(900) 
 § 80.1120 Port Hueneme, CA.
(901) A line drawn from Port Hueneme East Jetty Light 4 to Port Hueneme West Jetty Light 3.

(902) 
 § 80.1122 Channel Islands Harbor, CA.
(903) (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to Channel Islands Harbor Breakwater South Light 1.

(904) (b) A line drawn from Channel Islands Harbor Breakwater North Light to Channel Islands Harbor North Jetty Light 5.

(905) 
 § 80.1124 Ventura Marina, CA.
(906) A line drawn from Ventura Marina South Jetty Light 6 to Ventura Marina Breakwater South Light 3; thence to Ventura Marina North Jetty Light 7.

(907) 
 § 80.1126 Santa Barbara Harbor, CA.
(908) A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara Harbor Breakwater Light.

(909) 
 § 80.1130 San Luis Obispo Bay, CA.
(910) A line drawn from the southernmost extremity of Fossil Point to the seaward extremity of Whaler Island Breakwater.

(911) 
 § 80.1132 Estero-Morro Bay, CA.
(912) A line drawn from the seaward extremity of the Morro Bay East Breakwater to the Morro Bay West Breakwater Light.

(913) 
 § 80.1134 Monterey Harbor, CA.
(914) A line drawn from Monterey Harbor Light 6 to the northern extremity of Monterey Municipal Wharf 2.

(915) 
 § 80.1136 Moss Landing Harbor, CA.
(916) A line drawn from the seaward extremity of the pier located 0.3 mile south of Moss Landing Harbor Entrance to the seaward extremity of the Moss Landing Harbor North Breakwater.

(917) 
 § 80.1138 Santa Cruz Harbor, CA.
(918) A line drawn from the seaward extremity of the Santa Cruz Harbor East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to Santa Cruz Light.

(919) 
 § 80.1140 Pillar Point Harbor, CA.
(920) A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor Entrance Light.

(921) 
 § 80.1142 San Francisco Harbor, CA.
(922) A straight line drawn from Point Bonita Light through Mile Rocks Light to the shore.

(923) 
 § 80.1144 Bodega and Tomales Bay, CA.
(924) (a) An east-west line drawn from Sand Point to Avalis Beach.

(925) (b) A line drawn from the seaward extremity of Bodega Harbor North Breakwater to Bodega Harbor Entrance Light 1.

(926) 
 § 80.1146 Albion River, CA.
(927) A line drawn on an axis of 030° true through Albion River Light 1 across Albion Cove.

(928) 
 § 80.1148 Noyo River, CA.
(929) A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River Entrance Light 5.

(930) 
 § 80.1150 Arcata-Humboldt Bay, CA.
(931) A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay Entrance Light 3.

(932) 
 § 80.1152 Crescent City Harbor, CA.
(933) A line drawn from Crescent City Entrance Light to the southeasternmost extremity of Whaler Island.

(934) 
 § 80.1305 Chetco River, OR.
(935) A line drawn across the seaward extremities of the Chetco River Entrance Jetties.

(936) 
 § 80.1310 Rogue River, OR.
(937) A line drawn across the seaward extremities of the Rogue River Entrance Jetties.

(938) 
 § 80.1315 Coquille River, OR.
(939) A line drawn across the seaward extremities of the Coquille River Entrance Jetties.

(940) 
 § 80.1320 Coos Bay, OR.
(941) A line drawn across the seaward extremities of the Coos Bay Entrance Jetties.

(942) 
 § 80.1325 Umpqua River, OR.
(943) A line drawn across the seaward extremities of the Umpqua River Entrance Jetties.

(944) 
 § 80.1330 Siuslaw River, OR.
(945) A line drawn across the seaward extremities of the Siuslaw River Entrance Jetties.

(946) 
 § 80.1335 Alsea Bay, OR.
(947) A line drawn from the seaward shoreline on the north of the Alsea Bay Entrance 165° true across the channel entrance.

(948) 
 § 80.1340 Yaquina Bay, OR.
(949) A line drawn across the seaward extremities of the Yaquina Bay Entrance Jetties.

(950) 
 § 80.1345 Depoe Bay, OR.
(951) A line drawn across the Depoe Bay Channel entrance parallel with the general trend of the highwater shoreline.

(952) 
 § 80.1350 Netarts Bay, OR.
(953) A line drawn from the northernmost extremity of the shore on the south side of Netarts Bay north to the opposite shoreline.

(954) 
 § 80.1355 Tillamook Bay, OR.
(955) A line drawn across the seaward extremities of the Tillamook Bay Entrance Jetties.

(956) 
 § 80.1360 Nehalem River, OR.
(957) A line drawn approximately parallel with the general trend of the highwater shoreline across the Nehalem River Entrance.

(958) 
 § 80.1365 Columbia River Entrance, OR./WA.
(959) A line drawn from the seaward extremity of the Columbia River North Jetty (above water) 155° true to the seaward extremity of the Columbia River South Jetty (above water).

(960) 
 § 80.1370 Willapa Bay, WA.
(961) A line drawn from Willapa Bay Light 169.8° true to the westernmost tripod charted 1.6 miles south of Leadbetter Point.

(962) 
 § 80.1375 Grays Harbor, WA.
(963) A line drawn from across the seaward extremities (above water) of the Grays Harbor Entrance Jetties.

(964) 
 § 80.1380 Quillayute River, WA.
(965) A line drawn from the seaward extremity of the Quillayute River Entrance East Jetty to the overhead power cable tower charted on James Island; thence a straight line through Quillayute River Entrance Light 3 to the shoreline.

(966) 
 § 80.1385 Strait of Juan de Fuca.
(967) The 72 COLREGS shall apply on all waters of the Strait of Juan de Fuca.

(968) 
 § 80.1390 Haro Strait and Strait of Georgia.
(969) The 72 COLREGS shall apply on all waters of the Haro Strait and the Strait of Georgia.

(970) 
 § 80.1395 Puget Sound and Adjacent Waters.
(971) The 72 COLREGS shall apply on all waters of Puget Sound and adjacent waters, including Lake Union, Lake Washington, Hood Canal, and all tributaries.

(972) 
 § 80.1410 Hawai ‘ ian Island Exemption from General Rule.
(973) Except as provided elsewhere in this part for Mamala Bay and Kaneohe Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall apply on all other bays, harbors, and lagoons of the Hawai‘ian Island (including Midway).

(974) 
 § 80.1420 Mamala Bay, Oahu, HI.
(975) A line drawn from 21°17′46.9″N., 158°06′22.2′W. (Barbers Point Light) to 21°15′20.5″N., 157°48′34.3″W. (Diamond Head Light).

(976) 
 § 80.1430 Kaneohe Bay, Oahu, HI.
(977) A line drawn from 21°27′44.1″N., 157°45′48.6″W. (Pyramid Rock Light), across Kaneohe Bay through the center of Mokolii Island to the shoreline.

(978) 
 § 80.1440 Port Allen, Kauai, HI.
(979) A line drawn from 21°53′34.3″N., 159°36′15.6″W. (Puolo Point Light) to 21°53′49.0″N., 159°35′27.2″W. (Hanapepe Breakwater Light 2).

(980) 
 § 80.1450 Nawiliwili Harbor, Kauai, HI.
(981) A line drawn from the seaward extremity of Nawiliwili Harbor Breakwater Light to 21°57′23.8″N., 159°20′52.7″W. (Kukii Point Light).

(982) 
 § 80.1460 Kahului Harbor, Maui, HI.
(983) A line drawn from 20°54′04.1″N., 156°28′26.8″W. (Kahului Entrance Breakwater Light 4), to 20°54′02.3″N., 156°28′17.4″W. (Kahului Entrance Breakwater Light 3).

(984) 
 § 80.1470 Kawaihae Harbor, HI.
(985) A line drawn from 20°02′29.1″N., 155°49′58.2″W. (Kawaihae Light), to the seaward extremity of the Kawaihae South Breakwater.

(986) 
 § 80.1480 Hilo Harbor, HI.
(987) A line drawn from the seaward extremity of the Hilo Breakwater 265° true (as an extension of the seaward side of the breakwater) to the shoreline 0.2 nautical mile north of Alealea Point.

(988) 
 § 80.1490 Apra Harbor, U.S. Territory of Guam.
(989) A line drawn from the westernmost extremity of Orote Island to the westernmost extremity of Glass Breakwater

(990) 
 § 80.1495 U.S. Pacific Island Possessions.
(991) The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters surrounding the U.S. Pacific Island of American Samoa, Baker, Howland, Jarvis, Johnson, Palmyra, Swains and Wake Islands.

(992) 
 Part 110 – Anchorage Regulations

(993) 
 § 110.1 General.
(994) (a) The areas described in subpart A of this part are designated as special anchorage areas for the purposes of rule 30 (33 CFR 83.30) and rule 35 (33 CFR 83.35) of the Inland Navigation Rules, 33 CFR Chapter I, Subchapter E. Vessels of less than 20 meters in length; and barges, canal boats, scows, or other nondescript craft, are not required to sound signals required by rule 35 of the Inland Navigation Rules. Vessels of less than 20 meters are not required to exhibit anchor lights or shapes required by rule 30 of the Inland Navigation Rules.

(995) (b) The anchorage grounds for vessels described in Subpart B of this part are established, and the rules and regulations in relation thereto adopted, pursuant to the authority contained in section 7 of the act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471).

(996) (c) All bearings in the part are referred to true meridian.

(997) (d) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

(998) 
 Subpart A – Special Anchorage Areas

(999) 
 § 110.90 San Diego Harbor, CA.
(1000) (a) Area A–1. In North San Diego Bay, the Shelter Island Yacht Basin Anchorage, the water area enclosed by a line beginning at 32°42'56.7"N., 117°13'47.1"W.; thence southwesterly to 32°42'53.6"N., 117°13'51.3"W.; thence northwesterly to 32°43'01.3"N., 117°13'59.1"W.; thence northeasterly to 32°43'02.6"N., 117°13'55.5"W.; thence southeasterly to 32°42'59.8"N., 117°13'50.4"W.; thence southeasterly to the point of beginning.

(1001) (b) Area A–1a. In North San Diego Bay, the Shelter Island Roadstead Anchorage east of Shelter Island, the water area 55 feet either side of a line beginning at 32°42'33.6"N., 117°13'48.3"W.; thence northeasterly to 32°42'36.0"N., 117°13'45.1"W.

(1002) (c) Area A–1b. The water area off Shelter Island’s eastern shore, 210 feet shoreward of a line beginning at 32°42'43.9"N., 117°13'34.3"W.; thence northeasterly to 32°42'52.8"N., 117°13'22.4"W.

(1003) (d) Area A–1c. The water area off Shelter Island’s eastern shore, 210 feet shoreward of a line beginning at 32°42'55.0"N., 117°13'19.4"W.; thence northeasterly to 32°43'03.5"N., 117°13'07.6"W.

(1004) (e) Area A–2. In North San Diego Bay, the America’s Cup Harbor Anchorage, the water area enclosed by a line beginning at 32°43'13.7"N., 117°13'23.8"W; thence northeasterly to 32°43'16.7"N., 117°13'16.4"W.; thence northeasterly to 32°43'22.6"N., 117°13'25.8"W.; thence westerly to 32°43'22.5"N., 117°13'29.6"W.; thence southwesterly to 32°43'19.0"N., 117°13'32.6"W.; thence southeasterly to the point of beginning.

(1005) (f) Area A–3. In North San Diego Bay, the Laurel Street Roadstead Anchorage, the water area enclosed by a line beginning at 32°43'30.5"N., 117°10'28.5"W.; thence southwesterly to 32°43'29.8"N., 117°10'34.2"W.; thence southwesterly to 32°43'25.8"N., 117°10'36.1"W.; thence southerly to 32°43'20.2"N., 117°10'36.1"W.; thence westerly to 32°43'20.2"N., 117°10'52.9"W.; thence northeasterly to 32°43'29.8"N., 117°10'48.0"W., thence northeasterly following a line parallel to, and 200 feet bayward of, the shoreline of San Diego Bay adjoining Harbor Drive to the point of beginning.

(1006) (g) Area A–4. In Central San Diego Bay, the Bay Bridge Roadstead Anchorage, the water area enclosed by a line beginning at 32°41'32.1"N., 117°09'43.1"W.; thence southwesterly to 32°41'19.1"N., 117°09'46.1"W.; thence southeasterly to 32°41'17.8"N., 117°09'44.3"W.; thence southeasterly to 32°41'14.9"N., 117°09'37.9"W.; thence northeasterly to 32°41'26.9"N., 117°09'35.1"W., thence southwesterly to the point of beginning.

(1007) (h) Area A–5. In Central San Diego Bay, the Glorietta Bay Anchorage, the water area enclosed by a line beginning at 32°40'42.2"N., 117°10'03.1"W.; thence southwesterly to 32°40'41.2"N., 117°10'06.6"W.; thence northwesterly to 32°40'46.2"N., 117°10'15.6"W.; thence northeasterly to 32°40'46.7"N., 117°10'14.1"W.; thence southeasterly the point of beginning.

(1008) (i) Area A–6. In Fiddler's Cove, the water enclosed by a line beginning at 32°39'10.4"N., 117°08'49.4"W.; thence northwesterly to 32°39'14.9"N., 117°08'51.8"W.; thence northeasterly to 32°39'17.6"N., 117°08'47.5"W.; thence northwesterly to 32°39'19.8"N., 117°08'48.8"W.; thence northeasterly to 32°39'24.4"N., 117°08'41.4"W.; thence southeasterly to 32°39'15.7"N., 117°08'36.0"W.; thence southwesterly to the point of beginning.

(1009) Note: This area is located on Federal property owned by the United States Navy, and it is reserved for active duty military, their dependents, retirees and DOD employees only.

(1010) (j) Area A–8. In South San Diego Bay, the Sweetwater Anchorage, the water enclosed by a line beginning at 32°39'12.2"N., 117°07'45.1"W.; thence easterly to 32°39'12.2"N., 117°07'30.1"W.; thence southerly to 32°38'45.2"N., 117°07'30.1"W.; thence westerly to 32°38'45.2"N., 117°07'45.1"W.; thence northerly to the point of beginning.

(1011) (k) Area A–9. In North San Diego Bay, the Cruiser Anchorage, the water enclosed by a line beginning at 32°43'35.9"N., 117°11'06.2"W.; thence southwesterly to 32°43'31.5"N., 117°11'13.2"W.; thence southeasterly to 32°43'28.9"N., 117°11'11.0"W.; thence southeasterly to 32°43'25.9"N., 117°11'07.7"W.; thence northeasterly to 32°43'34.8"N., 117°11'03.2"W.; thence northwesterly to the point of beginning. All coordinates in this section use Datum: NAD 83.

(1012) Note: Mariners anchoring in these anchorages, excluding Anchorage A–6, should consult applicable local ordinances of the San Diego Unified Port District. Temporary floats or buoys for marking anchors are allowed. Fixed moorings, piles or stakes are prohibited. All moorings shall be positioned so that no vessel, when anchored, shall at any time extend beyond the limits of the area. See Captain of the Port Notice 6–97, a copy of which can be obtained by calling (619) 683–6495.

(1013) 
 § 110.91 Mission Bay, CA.
(1014) (a) Area M–1. In San Juan Cove, the entire water area west of a line drawn from 32°46'53.6"N., 117°14'52.5"W.; to El Carmel Point North Light; 32°46'48.0"N., 117°14'50.1"W.

(1015) NOTE: Control over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances.

(1016) (b) Area M–2. In Santa Barbara Cove, the entire water area west of a line drawn from 32°46'40.0"N., 117°14'47.0"W.; to 32°46'33.5"N., 117°14'45.5"W.

(1017) NOTE: Control over the anchoring of vessels and the placing of temporary mooring in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances.

(1018) (c) Area M–3. In Mariners Basin, the entire water area west of a line drawn from latitude 32°45'49.2"N., longitude 117°14'42.9"W.; to Mission Point Light; latitude 32°45'43.7"N., longitude 117°14'41.9"W.

(1019) NOTE: Control over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances.

(1020) (d) Area M–4. In Quivira Basin, the water area enclosed by that portion of a circle of 45 yard radius from 32°45'42.8"N., 117°14'25.6"W.; through the arc from 354°T to 088°T.

(1021) NOTE: Control over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances.

(1022) 
 § 110.93 Dana Point Harbor, CA.
(1023) The area in Dana Point Harbor, CA commencing at a point at

(1024) 33°27'36.2"N., 117°42'20.4"W.; thence 016°20' True for 612 feet to a point at

(1025) 33°27'42.1"N., 117°42'18.4"W.; thence 106°20' True for 85 feet to a point at

(1026) 33°27'41.8"N., 117°42'17.7"W.; thence 196°20' True for 222 feet to a point at

(1027) 33°27'39.7"N., 117°42'18.2"W.; thence 182°20' True 234 feet to a point at

(1028) 33°27'37.4"N., 117°42'18.2"W.; thence 166°20' True for 499 feet to a point at

(1029) 33°27'32.6"N., 117°42'16.8"W.; thence 320° True for 470 feet to the point of origin.

(1030) 
 § 110.95 Newport Bay Harbor, CA.
(1031) (a) Area A–1. The entire water area within beginning at

(1032) 33°36'09.3"N., 117°53'52.6"W.; thence to

(1033) 33°36'11.4"N., 117°53'51.2"W.; thence to

(1034) 33°36'04.0"N., 117°53'33.4"W.; thence to

(1035) 33°36'03.9"N., 117°53'20.4"W.; thence to

(1036) 33°36'01.1"N., 117°53'09.9"W.; thence to

(1037) 33°36'01.1"N., 117°53'32.7"W.; thence to

(1038) 33°36'03.9"N., 117°53'41.9"W.; returning to

(1039) 33°36'09.3"N., 117°53'52.6"W.

(1040) (b) Area A–2. The entire water area within beginning at

(1041) 33°36'12.9"N., 117°53'44.2"W; thence to

(1042) 33°36'14.2"N., 117°53'44.3"W.; thence to

(1043) 33°36'14.2"N., 117°53'20.6"W.; thence to

(1044) 33°36'10.8"N., 117°53'20.5"W.; thence to

(1045) 33°36'12.7"N., 117°53'29.9"W.; thence to

(1046) 33°36'12.7"N., 117°53'35.4"W.; thence to

(1047) 33°36'12.9"N., 117°53'37.0"W.; returning to

(1048) 33°36'12.9"N., 117°53'44.2"W.

(1049) (c) Area A–3. The entire water area within beginning at

(1050) 33°36'22.7"N., 117 54'12.6"W.; thence to

(1051) 33°36'24.9"N., 117°54'12.6"W.; thence to

(1052) 33°36'26.2"N., 117°54'11.3"W.; thence to

(1053) 33°36'18.7"N., 117°54'00.5"W.; thence to

(1054) 33°36'16.2"N., 117°54'02.9"W.; returning to

(1055) 33°36'22.7"N., 117°54'12.6"W.

(1056) (d) Area A–4. The entire water area within beginning at

(1057) 33°36' 32.7"N., 117°53'56.6"W.; thence to

(1058) 33°36'33.6"N., 117°53'56.6"W.; thence to

(1059) 33°36'33.5"N., 117°53'26.2"W.; thence to

(1060) 33°36'32.9"N., 117°53'26.2"W.; thence to

(1061) 33°36'32.6"N., 117°53'33.8"W.; thence to

(1062) 33°36'32.4"N., 117°53'36.7"W.; thence to

(1063) 33°36'31.7"N., 117°53'40.9"W.; thence to

(1064) 33°36'31.7"N., 117°53'46.3"W.; thence to

(1065) 33°36'32.6"N., 117°53'50.9"W.; returning to

(1066) 33°36' 32.7"N., 117°53'56.6"W.

(1067) (e) Area A–5. The entire water area within beginning at

(1068) 33°36'29.1"N., 117°54'55.3"W.; thence to

(1069) 33°36'27.8"N., 117°54'55.8"W.; thence to

(1070) 33°36'24.1"N., 117°54'41.8"W.; thence to

(1071) 33°36'26.7"N., 117°54'40.8"W.; thence to

(1072) 33°36'26.7"N., 117°54'46.3"W.; returning to

(1073) 33°36'29.1"N., 117°54'55.3" W.

(1074) (f) Area A–6. The entire water area within beginning at

(1075) 33°36'43.3"N., 117°54'26.4"W.; thence to

(1076) 33°36'51.7"N., 117°54'22.8"W.; thence to

(1077) 33°36'51.4"N., 117°54'21.5"W.; thence to

(1078) 33°36'42.9"N., 117°54'25.2"W.; returning to

(1079) 33°36'43.3"N., 117°54'26.4"W.

(1080) (g) Area A–7. The entire water area within beginning at

(1081) 33°36'32.1"N., 117°55'12.5"W.; thence to

(1082) 33°36'37.7"N., 117°55'11.0"W.; thence to

(1083) 33°36'35.1"N., 117°55'01.3"W.; thence to

(1084) 33°36'30.4"N., 117°55'02.6"W.; thence to

(1085) 33°36'31.2"N., 117°55'06.7"W.; returning to

(1086) 33°36'32.1"N., 117°55'12.5" W.

(1087) (h) Area A–8. The entire water area within beginning at

(1088) 33°36'34.2"N., 117°55'27.3"W.; thence to

(1089) 33°36'36.2"N., 117°55'26.7"W.; thence to

(1090) 33°36'39.5"N., 117°55'20.9" W.; thence to

(1091) 33°36'38.9"N., 117°55'15.4"W.; thence to

(1092) 33°36'37.9"N., 117°55'11.7"W.; thence to

(1093) 33°36'32.1"N., 117°55'13.3"W.; returning to

(1094) 33°36'34.2"N., 117°55'27.3"W.

(1095) (i) Area A–9. The entire water area within beginning at

(1096) 33°36'53.5"N., 117°55'28.2"W.; thence to

(1097) 33°36'54.0"N., 117°55'27.0"W.; thence to

(1098) 33°36'43.4"N., 117°55'20.4"W.; thence to

(1099) 33°36'42.9"N., 117°55'21.6"W.; returning to

(1100) 33°36'53.5"N., 117°55'28.2"W.

(1101) (j) Area A–10. The entire water area within beginning at

(1102) 33°36'07.4"N., 117°53'19.2"W.; thence to

(1103) 33°36'14.2"N., 117°53'19.4"W.; thence to

(1104) 33°36'14.2"N., 117°53'06.9"W.; thence to

(1105) 33°36'08.1"N., 117°53'04.9"W.; thence to

(1106) 33°36'06.5"N., 117°53'08.9"W.; thence to

(1107) 33°36'06.5"N., 117°53'16.3"W.; returning to

(1108) 33°36'07.4"N., 117°53'19.2"W.

(1109) (k) Area A–11. The entire water area within beginning at

(1110) 33°36'04.7"N., 117°53'01.9"W.; thence to

(1111) 33°36'06.1"N., 117°53'00.5"W.; thence to

(1112) 33°36'06.2"N., 117°52'59.0"W.; thence to

(1113) 33°35'59.4"N., 117°52'51.1"W.; thence to

(1114) 33°35'57.5"N., 117°52'50.9"W.; thence to

(1115) 33°36'01.9"N., 117°52'57.3"W.; thence to

(1116) 33°36'03.0"N., 117°53'00.4"W.; returning to

(1117) 33°36'04.7"N., 117°53'01.9"W.

(1118) (l) Area A–12. The entire water area within beginning at

(1119) 33°36'27.9"N., 117°54'40.4"W.; thence to

(1120) 33°36'23.9"N., 117°54'41.8"W.; thence to

(1121) 33°36'20.8"N., 117°54'29.9"W.; thence to

(1122) 33°36'28.5"N., 117°54'20.2"W.; returning to

(1123) 33°36'27.9"N., 117°54'40.4"W.

(1124) (m) Area B–1. The entire water area within beginning at

(1125) 33°36'35.1"N., 117°54'28.8"W.; thence to

(1126) 33°36'32.1"N., 117°54'22.1"W.; thence to

(1127) 33°36'30.6"N., 117°54'22.8"W; thence to

(1128) 33°36'30.5"N., 117°54'30.9"W.; returning to

(1129) 33°36'35.1"N., 117°54'28.8"W.

(1130) Note to § 110.95: These anchorage areas are reserved for recreational and other small craft. Local law, including the City of Newport Beach Municipal Code 17.25.020, may provide for fore and aft moorings for recreational and small craft of such size and alignment as permitted by the harbor master.

(1131) 
 § 110.100 Los Angeles and Long Beach Harbors, CA.
(1132) (a) (Reserved)

(1133) (b) Area A–2. Consisting of two parts in the outer basin of Fish Harbor on the east and west sides of Fish Harbor Entrance Channel described as follows:

(1134) (1) Part 1. Beginning at a point at the intersection of westerly side of Fish Harbor Entrance Channel and the outer jetty; thence southwesterly along the jetty about 900 feet to the shore; thence northerly about 500 feet; thence northeasterly about 650 feet, on a line parallel to jetty; thence southeasterly about 500 feet, along the westerly side of Fish Harbor Entrance Channel to the point of beginning.

(1135) (2) Part 2. Beginning at a point at the intersection of the east side of Fish Harbor Entrance Channel and Fish Harbor mole (outer Fish Harbor); thence northwesterly along the channel line about 850 feet to the southerly side of the Fairway; thence northeasterly and easterly along the southerly side of the Fairway, about 478 and 565 feet respectively to its intersection with Fish Harbor mole; thence southerly and southwesterly along the mole to the point of beginning.

(1136) (c) Area B–1. Long Beach outer harbor along east side of Pier 400 beginning at 33°44'22.8"N., 118°13'51.0"W.; thence south to 33°43'54.5"N., 118°13'50.0"W.; thence southwesterly to 33°43'46.0"N., 118°14'13.6"W.; thence northwesterly to 33°44'15.3"N., 118°14'26.6"W.; thence northeasterly to 33°44'25.1"N., 118°14'15.6"W.; thence easterly to the beginning point.

(1137) (d) Area C–1. Long Beach outer harbor between Island Freeman and Island Chaffee beginning at 33°44'20.0"N., 118°08'26.2"W.; thence west to 33°44'23.5"N., 118°09'32.6"W.; thence north to 33°44'52.8"N., 118°09'33.2"W.; thence southeast to 33°44'25.5"N., 118°08'26.2"W.; thence south to the beginning point.

(1138) (e) Area E–1. Long Beach outer harbor northwest of Island Freeman beginning at 33°44'55.0"N., 118°09'40.0"W.; thence southwesterly to 33°44'37.0"N., 118°09'48.5"W.; thence northwesterly to 33°44'52.0"N., 118°10'32.0"W.; thence north to 33°45'11.0"N., 118°10'32.0"W.

(1139) (f) Restrictions. Special anchorage areas B–1, C–1, and E–1 are reserved for barges on mooring balls, unless otherwise authorized by the Captain of the Port Los Angeles-Long Beach

(1140) 
 § 110.111 Marina del Rey Harbor, CA.
(1141) An area in the main channel encompassed within the following described boundaries:

(1142) Beginning at the northeasterly corner in position

(1143) 33°58'41.6"N., 118°26'50.8"W.; thence southerly to

(1144) 33°58'30.2"N., 118°26'50.8"W.; thence westerly to

(1145) 33°58'30.2"N., 118°26'55.1"W.; thence northerly to

(1146) 33°58'41.6"N., 118°26'55.1"W.; thence easterly to the point of origin.

(1147) All coordinates referenced North American Datum 1983.

(1148) Note to 110.111: The Marina del Rey Harbor Master, Los Angeles County, prescribes local regulations for mooring and boating activities in this area.

(1149) <Deleted Paragraph>

(1150) 
 § 110.115 Santa Barbara Harbor, CA.
(1151) North of the Santa Barbara breakwater; seaward of the line of mean high water; and southwest of a line bearing 46°30' from the north corner of Bath Street and Cabrillo Boulevard to the end of the Santa Barbara breakwater; excluding a fairway 225 feet wide, 100 feet from each side of and parallel to the Navy pier.

(1152) NOTE: Fore and aft moorings will be allowed in this area conforming to the City of Santa Barbara Harbor Ordinance No. 2106 for yachts and small craft of such size and alignment as permitted by the harbor master.

(1153) 
 § 110.120 San Luis Obispo Bay, CA.
(1154) (a) Area A–1. Area A–1 is the water area bounded by the San Luis Obispo County wharf, the shoreline, a line drawn from the southernmost point of Fossil Point to latitude 35°10'18.5"N., longitude 120°43'38.5"W.; thence to the southeast corner of the San Luis Obispo County wharf.

(1155) (b) Area A–2. Area A–2 is the water area enclosed by a line drawn from the outer end of Whaler Island breakwater at latitude 35°09'22"N., longitude 120°44'56"W., to the Marre Chimney at latitude 35°10'56"N., longitude 120°44'31"W.

(1156) NOTE: The Port San Luis Harbor District prescribes local regulations for mooring and boating activities in these areas.

(1157) 
 § 110.125 Morro Bay Harbor, CA.
(1158) (a) Area A–1. Opposite the City of Morro Bay, beginning 50 feet west of the intersection of the west channel line and the prolongation of the center line of Seventh Street; thence in a generally southeasterly direction and parallel to the channel line for a distance of 450 yards; thence 166° and parallel to the revetment for a distance of 1,025 yards; thence 270° for a distance of 200 yards; thence 346° for a distance of about 1,425 yards to meet the prolongation of the center line of Seventh Street; and thence to the point of beginning.

(1159) (b) Area A–2. Beginning at a point 322° and 150 feet from the high water line on the most westerly part of Fairbanks Point; thence continuing on this bearing for a distance of 1,346 feet; thence 052° for a distance of 450 feet and thence generally southeasterly parallel to and 150 feet from the mean high water line to the point of beginning.

(1160) NOTE: Moorings and boating activities will be allowed in these areas conforming to applicable City of Morro Bay ordinances and regulations adopted pursuant thereto.

(1161) 
 § 110.126 Monterey Harbor, CA.
(1162) The waters of Monterey Harbor between the shoreline and the following coordinates: Beginning at a point on the shoreline at 36°36'27.5"N., 121°53'35.0"W.; thence to 36°36'32.4"N., 121°53'31.0"W., in an easterly direction to 36°36'28.8"N., 121°53'19.0"W.; thence south to 36°36'23.1"N., 121°53'19.0"W.; thence to the north end of Municipal Wharf No. 1 at 36°36'20.0"N., 121°53'28.0"W.

(1163) 
 § 110.126a San Francisco Bay, CA.
(1164) Richardson Bay Anchorage. That portion of Richardson Bay, north of a line bearing 257° from Peninsula Point to the shore at Sausalito, except for federally-maintained channels, and all channels approved for private use therein.

(1165) NOTE: Mariners anchoring in the special anchorage area should consult applicable ordinances of the Richardson Bay Regional Agency and the County of Marin. These ordinances establish requirements on matters including the anchoring of vessels, placement of moorings, and use of anchored and moored vessels within the special anchorage area. Information on these local agency requirements may be obtained from the Richardson Bay Harbor Administrator.

(1166) 
 § 110.127 Lake Mohave and Lake Mead, Nevada and Arizona.
(1167) (a) Willow Beach, Ariz. That portion of Lake Mohave enclosed by the shore and a line connecting the following points, excluding a 100-foot-wide fairway, extending westerly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1168) “a” 35°52'30"N., 114°39'35"W.

(1169) “b” 35°52'10"N., 114°39'35"W.

(1170) (b) Katherine, Ariz. That portion of Lake Mohave enclosed by the shore and a line connecting the following points, excluding a 100-foot-wide fairway, extending westerly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1171) “a” 35°13'33"N., 114°34'38"W.

(1172) “b” 35°13'05"N., 114°34'40"W.

(1173) (c) El Dorado Canyon, Nev. That portion of Lake Mohave enclosed by the shore and a line connecting the following points, excluding a 50-foot-wide fairway, extending easterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1174) “a” 35°42'37"N., 114°42'21"W.

(1175) “b” 35°42'08"N., 114°42'10"W.

(1176) (d) Cottonwood Cove, Nev. That portion of Lake Mohave enclosed by the shore and a line connecting the following points, excluding a 200-foot-wide fairway extending northeasterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1177) “a” 35°29'46"N., 114°40'55"W.

(1178) “b” 35°29'33"N., 114°40'45"W.

(1179) (e) Overton Beach, Nev.–(1) Area “A”. That portion of Lake Mead enclosed by the shore and lines connecting the following points, excluding two 300-foot-wide fairways, extending northwesterly and southwesterly from the launching ramps, as established by the Superintendent, Lake Mead Recreation Area:

(1180) “a” 36°27'05"N., 114°21'48"W.

(1181) “b” 36°27'15"N., 114°21'20"W.

(1182) “c” 36°26'32"N., 114°20'45"W.

(1183) “d” 36°25'49"N., 114°20'50"W.

(1184) “e” 36°25'00"N., 114°21'27"W.

(1185) “f” 36°25'19"N., 114°22'10"W.

(1186) (f) Echo Bay, Nev. That portion of Lake Mead enclosed by the shore and lines connecting the following points, excluding a 100-foot-wide fairway, extending southwesterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1187) “a” 36°18'30"N., 114°25'10"W.

(1188) “b” 36°18'20"N., 114°24'00"W.

(1189) “c” 36°17'35"N., 114°24'05"W.

(1190) “d” 36°17'40"N., 114°24'27"W.

(1191) (g) Callville Bay, Nev. That portion of Lake Mead enclosed by the shore and lines connecting the following points, excluding a 200-foot-wide fairway, extending southeasterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1192) “a” 36°09'00"N., 114°42'40"W.

(1193) “b” 36°08'10"N., 114°42'03"W.

(1194) “c” 36°08'06"N., 114°42'40"W.

(1195) (h) Las Vegas Wash, Nev. That portion of Lake Mead enclosed by the shore and a line connecting the following points, excluding a 200-foot-wide fairway, extending easterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1196) “a” 36°07'23"N., 114°49'45"W.

(1197) “b” 36°06'29"N., 114°49'45"W.

(1198) (i) Hemenway Harbor, Nev. That portion of Lake Mead enclosed by the shore and lines connecting the following points, excluding a 100-foot-wide fairway, extending easterly from the launching ramp at Boulder Beach and a 600-foot-wide fairway, extending northeasterly from the launching ramp at Hemenway Harbor, both as established by the Superintendent, Lake Mead Recreation Area:

(1199) “a” 36°04'05"N., 114°48'15"W.

(1200) “b” 36°03'25"N., 114°48'10"W.

(1201) “c” 36°01'20"N., 114°45'15"W.

(1202) (j) Kingman Wash, Ariz. That portion of Lake Mead enclosed by the shore and a line connecting the following points, excluding a 100-foot-wide fairway, extending westerly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1203) “a” 36°02'34"N., 114°42'50"W.

(1204) “b” 36°02'05"N., 114°43'05"W.

(1205) (k) Temple Bar, Ariz. That portion of Lake Mead enclosed by the shore and lines connecting the following points, excluding a 200-foot-wide fairway, extending southwesterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1206) “a” 36°02'21"N., 114°19'29"W.

(1207) “b” 36°02'34"N., 114°18'46"W.

(1208) “c” 36°02'03"N., 114°18'13"W.

(1209) (l) Greggs, Ariz. That portion of Lake Mead enclosed by the shore and a line connecting the following points, excluding a 100-foot-wide fairway, extending northerly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1210) “a” 36°00'35"N., 114°13'49"W.

(1211) “b” 36°00'35"N., 114°14'10"W.

(1212) (m) Pierce Ferry, Ariz. That portion of Lake Mead enclosed by the shore and a line connecting the following points, excluding a 100-foot-wide fairway, extending easterly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1213) “a” 36°08'42"N., 113°59'24"W.

(1214) “b” 36°07'18"N., 113°58'32"W.

(1215) (n) South Bay, Ariz. That portion of Lake Mead enclosed by the shore and a line connecting the following points, excluding one 100-foot wide fairway, extending westerly from the launching ramp, as established by the Superintendent, Lake Mead Recreation Area:

(1216) “a” 36°06'26"N., 114°06'13"W.

(1217) “b” 36°05'00"N., 114°06'50"W.

(1218) “c” 36°05'00"N., 114°06'13"W.

(1219) NOTE: Fixed moorings, piles, or stakes are prohibited. Single and fore and aft temporary moorings will be allowed. The anchoring of vessels and the placing of temporary moorings will be under the jurisdiction and at the discretion of the Superintendent, Lake Mead Recreation Area, National Park Service.

(1220) 
 § 110.127c Trinidad Bay, CA.
(1221) The waters of Trinidad Bay beginning at the southernmost point of Trinidad Head at 41°03'04"N., 124°08'56"W.; thence east to Prisoner Rock at 41°03'09"N., 124°08'37"W.; thence east to 41°03'09"N., 124°08'19"W.; thence north to 41°03'26"N., 124°08'21"W.; thence following the shoreline to Trinidad Bay in a westerly and southerly direction to the point of beginning.

(1222) NOTE: The area will be principally for use by sport and commercial fishing vessels. Temporary floats and buoys for anchoring will be allowed in the area. Fixed moorings, piles or stakes are prohibited. All moorings shall be placed so that no vessel when anchored or moored shall at any time extend beyond the limits of the area. The anchoring of all vessels and placing of all moorings will be under the supervision of the City of Trinidad or such other authority as may be designated by the City Council of the City of Trinidad, California.

(1223) 
 § 110.128 Columbia River at Portland, OR.
(1224) The waters of the Columbia River between Sand Island and Government Island, bounded on the west by pile dike U.S. 5.75 and a line extending true north from the northerly end of the dike to the south shore of Sand Island and bounded on the east by a line bearing 339°15' true, from a point on Government Island at latitude 45°35'10", longitude 122°32'41", to the southerly shore of Sand Island.

(1225) 
 § 110.128b Island of Hawaii, Hawaii.
(1226) (a) Hilo Bay. The waters of Hilo Bay enclosed by a line beginning at 19°43'55.5"N., 155°03'30"W. thence to 19°44'08.0"N., 155°04'19"W. thence to 19°43'51.0"N., 155°04'30"W. thence to 19°44'10.0"N., 155°05'29"W. thence along the shoreline to the beginning point. (Datum: OHD)

(1227)


(1228) (b) Kuhio Bay. The waters of Kuhio Bay enclosed by a line beginning at 19°44'13.0"N., 155°03'25"W. thence to 19°44'15.0"N., 155°03'25"W. thence along the shoreline to the beginning point. (Datum: OHD)

(1229)


(1230) 
 § 110.128c Island of Kauai, Hawaii
(1231) (a) Nawiliwili Bay. The waters of Nawiliwili Bay enclosed by a line beginning at 21°57'12.5"N., 159°21'38"W. thence to 21°57'26"N., 159°21'39.5"W. thence along the shoreline to the beginning point. (Datum: OHD)

(1232)


(1233) (b) [Reserved]

(1234) 
 § 110.128d Island of Oahu, HI. (Datum: OHD)
(1235) (a) Kaneohe Bay (1). The waters of Kaneohe Bay enclosed by a line beginning at 21°26'28"N., 157°46'00"W. thence to 21°26'00"N., 157°46'14"W. thence to 21°26'20"N., 157°47'24"W. thence to 21°27'00"N., 157°48'25"W. thence to 21°26'46"N., 157°48'37"W. thence along the shoreline to the beginning point.

(1236)


(1237) (b) Kaneohe Bay (2). The waters of Kaneohe Bay enclosed by a line beginning at 21°27'28"N., 157°49'08"W.; thence to 21°28'10"N., 157°50'03"W.; thence to 21°29'10"N., 157°50'40"W.; thence to 21°30'46"N., 157°50'14"W.; thence along the shoreline to the beginning point.

(1238)


(1239) (c) Keehi Lagoon. The waters of Keehi Lagoon bounded by a line connecting the following points:

(1240) 21°19'35.0"N., 157°54'06.0"W.

(1241) 21°19'37.7"N., 157°53'58.0"W.

(1242) 21°19'06.4"N., 157°53'41.9"W.

(1243) 21°19'00.8"N., 157°53'44.1"W.

(1244) 21°18'59.9"N., 157°53'49.7"W.

(1245) 21°19'04.9"N., 157°53'50.0"W. and thence to the point of beginning.

(1246)


(1247) (d) Sans Souci Beach. The waters of Sans Souci Beach enclosed by a line beginning at 21°15'49"N., 157°49'31"W.; thence to 21°15'49.2"N., 157°49'29"W.; thence to 21°15'56.2"N., 157°49'31"W.; thence to 21°15'56"N., 157°49'33"W.; thence to the beginning point.

(1248)


(1249) (e) Iroquois Point Lagoon. The waters of Iroquois Point Lagoon enclosed by a line beginning at 21°19'53"N., 157°58'30"W.; thence to 21°19'56"N., 157°58'31"W.; thence along the shoreline to the beginning point.

(1250)


(1251) (f) Hickam AFB Marina (1) a. The waters of Hickam AFB Marina enclosed by a line beginning at 21°19'13"N., 157°57'40"W.; thence to 21°18'45"N., 157°57'40"W.; thence to 21°18'45"N., 157°57'28.5"W.; thence to 21°19'10"N., 157°57'28.5"W.; thence along the shoreline to the beginning point.

(1252)


(1253) (g) Hickam AFB Marina (2). The waters of Hickam AFB Marina enclosed by a line beginning at 21°19'11"N., 157°57'10"W.; thence to 21°18'46.2"N., 157°57'20"W; thence to 21°18'46.2"N., 157°57'05.2"W.; thence along the shoreline to the beginning point.

(1254)


(1255) (h) Aiea Bay. The waters of Aiea Bay enclosed by a line beginning at 21°22'20"N., 157°56'30"W.; thence to 21°22'27"N., 157°56'40.5"W; thence to 21°22'30"N., 157°56'40.5"W.; thence to 21°22'37"N., 157°56'22.5"W.; thence to 21°22'37"N., 157°56'19"W.; thence along the shoreline to the beginning point.

(1256)


(1257) 
 § 110.129a Apra Harbor, Guam. (Datum: WGS 84)
(1258) (a) The waters bounded by a line connecting the following points:

(1259) 13°27'45.5"N., 144°39'34.8"E.

(1260) 13°27'32.0"N., 144°39'36.3"E.; and thence along the shoreline to the point of beginning.

(1261) (b) The waters bounded by a line connecting the following points:

(1262) 13°26'53.6"N., 144°40'03.8"E.

(1263) 13°27'04.0"N., 144°40'04.8"E.

(1264) 13°27'04.0"N., 144°40'09.8"E.

(1265) 13°27'10.0"N., 144°40'09.8"E.

(1266) 13°27'10.0"N., 144°40'23.8"E.

(1267) 13°26'51.0"N., 144°40'23.8"E.

(1268) 13°26'51.0"N., 144°40'06.0"E.; and thence to the point of beginning.

(1269) 
 Subpart B – Anchorage Grounds

(1270) 
 § 110.210 San Diego Harbor, CA.
(1271) (a) The anchorage grounds. (1) Special anchorage for U.S. Government vessels (NAD 83). The waters bounded by a line connecting the following points:

(1272) 32°42'13.2"N., 117°14'11.0"W.

(1273) 32°41'12.0"N., 117°14'00.3"W. and thence along the shoreline to the point of beginning.

(1274) (2) Special anchorage for U.S. Government vessels (NAD 83). The waters bounded by a line connecting the following points:

(1275) 32°43'25.6"N., 117°12'46.1"W.

(1276) 32°43'25.3"N., 117°12'52.0"W.

(1277) 32°43'08.2"N., 117°12'58.0"W.

(1278) 32°42'57.9"N., 117°12'54.0"W. and thence easterly along the northern boundary of the channel to:

(1279) 32°43'05.0"N., 117°11'30.5"W.

(1280) 32°43'27.2"N., 117°11'14.0"W. and thence along the shoreline of Harbor Island to the point of beginning.

(1281) (3) “B” Street Merchant Vessel Anchorage (NAD 83). The waters bounded by a line connecting the following points:

(1282) 32°43'00.8"N., 117°10'36.3"W.

(1283) 32°43'00.8"N., 117°11'23.0"W.

(1284) 32°43'05.0"N., 117°11'30.5"W.

(1285) 32°43'27.2"N., 117°11'14.0"W.

(1286) 32°43'20.2"N., 117°10'53.0"W. and thence due east to the shoreline, and thence along the shoreline and pier to the point of beginning.

(1287) (b) The regulations. (1) The anchorages described in paragraphs (a)(1) and (a)(2) of this section are reserved exclusively for the anchorage of vessels of the United States Government and of authorized harbor pilot boats. No other vessels shall anchor in this area except by special permission obtained in advance from the Commander, Naval Base, San Diego, CA. The administration of these anchorages is exercised by the Commander, Naval Base, San Diego, CA.

(1288) (2) The area described in Paragraph (a)(3) of this section is reserved for the use of merchant vessels calling at the Port of San Diego while awaiting a berth. The administration of this anchorage is exercised by the Port Director, San Diego Unified Port District.

(1289) (3) Vessels anchoring in San Diego Harbor shall leave a free passage for other craft and shall not obstruct the approaches to the wharves in the harbor.

(1290) 
 § 110.214 Los Angeles and Long Beach harbors, CA.
(1291) (a) General Regulations.

(1292) (1) Anchorage Assignment. (i) Unless otherwise directed by the Captain of the Port Los Angeles-Long Beach, the pilot stations for the Port of Long Beach and the Port of Los Angeles will assign the use of commercial anchorages within their jurisdictions (Long Beach and Los Angeles Harbors respectively). All anchorages outside (seaward) of the federal breakwater will be assigned by the Los Angeles-Long Beach Vessel Traffic Information Service (VTIS). The master, pilot, or person in charge of a vessel must notify the appropriate pilot station (for anchorages inside the federal breakwater) or the VTIS (for anchorages outside the federal breakwater) of their intention to anchor, upon anchoring, and at least fifteen minutes prior to departing an anchorage. All anchorage assignments will be made as described in this part unless modified by the Captain of the Port.

(1293) (ii) Radio communications for port entities governing anchorages are as follows: Los Angeles-Long Beach Vessel Traffic Information Service, call sign “LA-Long Beach Traffic” Channel 14 VHF–FM; Los Angeles Port Pilots, Channel 73 VHF–FM; Long Beach Port Pilots, Channel 74 VHF-FM.

(1294) (iii) The exact boundary separating the Port of Long Beach from the Port of Los Angeles is published in local Port Tariffs. For purposes of this rule, Long Beach waters are those east, and Los Angeles waters are those west, of the following locations:

(1295) (A) Inner Harbor: The Henry Ford (Badger Avenue) Bridge.

(1296) (B) Middle Harbor: The Pier 400 Transportation Corridor.

(1297) (C) Outer Harbor: The western boundary of Commercial Anchorage B.

(1298) (2) Required approvals, permits and notifications.

(1299) (i)(A) No vessel may anchor in deep draft sub-anchorages B–7, B–9, B–11, D–5, D–6 or D–7 within Los Angeles or Long Beach harbors for more than 48 consecutive hours unless extended anchorage permission is obtained from the Captain of the Port. These sub-anchorages are defined by the following coordinates and dimensions:

(1300)


(1301) (B) No vessel may anchor anywhere else within Los Angeles or Long Beach harbors for more than 10 consecutive days unless extended anchorage permission is obtained from the Captain of the Port. In determining whether extended anchorage permission will be granted, consideration will be given, but not necessarily limited to: The current and anticipated demands for anchorage space within the harbor, the requested duration, the condition of the vessel, and the reason for the request.

(1302) (ii) No vessel while carrying, loading, or unloading division 1.1 or 1.2 materials as defined in 49 CFR 173.50, or Cargoes of Particular Hazard (COPH) as defined in 33 CFR 126.10, or Certain Dangerous Cargoes (CDC) as defined in 33 CFR 160.202, may anchor without first obtaining a permit issued by the Captain of the Port.

(1303) (iii) Vessels requiring use of an explosives anchorage should contact the Captain of the Port at least 24 hours prior to the anticipated need for the explosives anchorage to allow for proper activation of that anchorage.

(1304) (iv) Except with the prior approval of the Captain of the Port, or, in the case of an emergency, with approval of the Captain of the Port immediately subsequent to anchoring, no commercial vessel greater than 1600 gross tons may anchor in Los Angeles-Long Beach Harbor unless it maintains the capability to get underway within 30 minutes. Any vessel unable to meet this requirement must immediately notify the Captain of the Port and make arrangements for an adequate number of tugs to respond to the vessel within 30 minutes notice.

(1305) (v) In anchorages where lightering is authorized, the Captain of the Port must be notified at least 4 hours in advance of a vessel conducting lightering operations (see 33 CFR 156.118).

(1306) (3) Other General Requirements.

(1307) (i) When at anchor, all commercial vessels greater than 1600 gross tons shall, at all times, have a licensed or credentialed deck officer on watch and maintain a continuous radio listening watch unless subject to one of the exemptions in this Paragraph. The radio watch must be on CH–13 VHF-FM when anchored inside the federal breakwater, and on CH–14 VHF–FM or on CH–16 VHF–FM when anchored outside the federal breakwater, except for unmanned barges; vessels which have less than 100 gallons of oil or fuel onboard regardless of how the fuel is carried; and other vessels receiving advance approval from the Captain of the Port.

(1308) (ii) When sustained wind speeds exceed 40 knots, all anchored commercial vessels greater than 1600 gross tons shall ensure their propulsion plant is placed in immediate standby and a second anchor is made ready to let go. Vessels unable to comply with this requirement must immediately notify the Captain of the Port. In such case, the Captain of the Port may require the vessel to have one or more tugs standing by to render immediate assistance.

(1309) (4) Prohibitions. Within Los Angeles Harbor, Long Beach Harbor, and the Los Angeles-Long Beach Precautionary Area, except for emergency reasons, or with the prior approval of the Captain of the Port, vessels are prohibited from anchoring outside of designated anchorage areas. In the event a vessel anchors outside a designated anchorage area for emergency reasons, the master, pilot, or person in charge of the vessel shall:

(1310) (i) Position the vessel so as to minimize the danger to other vessels and facilities;

(1311) (ii) Immediately notify the Captain of the Port by the most expeditious means of the vessel’s location and the reason(s) for the emergency anchoring; and

(1312) (iii) Move the vessel as soon as the emergency condition prompting anchoring outside a designated area abates, or as soon as ordered to move by the Captain of the Port, whichever occurs sooner.

(1313) (5) Exemption from rules. The Captain of the Port may, upon request, or whenever he/she deems appropriate, authorize a deviation from any rule in this section.

(1314) (b) The anchorage grounds. Locations of anchorage grounds are as described in this section. Specific requirements for individual anchorages are contained paragraphs (c) and (d) of this section. All coordinates referenced use datum: NAD 83.

(1315) [Reserved]

(1316) (2) Commercial Anchorage B (Long Beach Harbor). An area enclosed by a line joining the following coordinates: 33°44'37.0"N., 118°13'00.0"W.; thence south/southeast to 33°44'12.0"N., 118°12'36.2"W.; thence southeast to 33°43'38.2"N., 118°11'36.9"W.; thence southwest to 33°43'26.1"N., 118°11'47.2"W.; thence west to 33°43'26.1"N., 118°12'22.7"W.; thence west/southwest to 33°42'58.9"N., 118°13'53.0"W.; thence north/northwest to 33°43'46.0"N., 118°14'13.6"W.; thence east/northeast to 33°43'54.5"N., 118°13'50.0"W.; thence north to 33°44'22.8"N., 118°13'51.0"W.; thence east/northeast to the beginning point.

(1317) (3) Commercial Anchorage C (Long Beach Harbor). An area enclosed by a line joining the following coordinates: 33°44'20.0"N., 118°08'26.2"W.; thence west to 33°44'23.5"N., 118°09'32.6"W.; thence north to 33°44'52.8"N., 118°09'32.2"W.; thence southeast to 33°44'25.2"N., 118°08'26.2"W.; thence south to the beginning point.

(1318) (4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by a line beginning near the east end of the Long Beach Breakwater and joining the following coordinates: 33°43'27.2"N.; 118°08'12.6"W.; thence west to 33°43'27.2"N.; 118°10'46.5"W.; thence north to 33°43'51.0"N.; 118°10'46.5"W.; thence northeast to 33°44'18.5"N.; 118°10'27.2"W.; thence east to 33°44'18.5"N.; 118°08'12.6"W.; thence south to the beginning point.

(1319) (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by a line joining the following coordinates: 33°44'37.0"N., 118°09'48.5"W.; thence southwest to 33°44'18.5"N., 118°09'56.8"W.; thence west to 33°44'18.5"N., 118°10'27.2"W.; thence northwest to 33°44'27.6"N., 118°10'41.0"W.; thence west/northwest to 33°44'29.0"N., 118°10'57.4"W.; thence north/northwest to 33°45'06.4"N., 118°11'09.5"W.; thence northeast to 33°45'15.2"N., 118°10'46.1"W.; thence southeast to 33°45'11.0"N., 118°10'32.0"W.; thence south to 33°44'52.0"N., 118°10'32.0"W.; thence southeast to the beginning point.

(1320) (6) Commercial Anchorage F (outside of Long Beach Breakwater). The waters southeast of the Long Beach Breakwater bounded by a line connecting the following coordinates: 33°43'05.1"N., 118°07'59.0"W.; thence west to 33°43'05.1"N., 118°10'36.5"W.; thence south/southeast to 33°38'17.5"N., 118°07'00.0"W.; thence north/northeast to 33°40'23.0"N., 118°06'03.0"W.; and thence north/ northwest to the beginning point.

(1321) (7) Commercial Anchorage G (outside of the Middle Breakwater). The waters south of the Middle Breakwater bounded by a line connecting the following coordinates: 33°43'05.4"N., 118°11'18.0"W.; thence west to 33°43'05.4"N., 118°12'18.7"W.; thence west/southwest to 33°42'25.9"N., 118°14'19.2"W.; thence southeast to 33°41'40.3"N., 118°13'05.2"W.; thence east/northeast to 33°42'08.8"N., 118°11'36.8"W.; and thence north/northeast to the beginning point.

(1322) (8) General Anchorage N (Los Angeles Harbor). The waters near Cabrillo Beach shoreward of a line connecting the following coordinates:

(1323) 33°42'55.9"N., 118°16'44.4"W.

(1324) 33°42'26.8"N., 118°16'33.9"W.

(1325) (9) General Anchorage P (Long Beach Harbor). The waters within an area beginning at Alamitos Bay West Jetty Light “1” and connecting the following coordinates 33°44'14.5"N., 118°07'19.2"W.; thence northwest to 33°44'20.6"N., 118°07'31.7"W.; thence northwest 33°45'06.5"N., 118°09'34.0"W.; thence along the eastern shoreline of Island White to the lighted marker at 33°45'13.5"N., 118°09'34.0"W.; thence northwest to 33°45'37.1"N., 118°10'38.5"W.; thence north/northwest to 33°45'49.4"N., 118°10'38.8"W.; and thence east/ southeast along the Long Beach shoreline and the Alamitos Bay West Jetty to the beginning point.

(1326) (10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim Bay). The waters within an area described as follows: 33°44'36.0"N., 118°08'13.0"W.; thence east/southeast to 33°44'20.6"N., 118°07'31.7"W.; thence along a line described as an arc, radius of 460 meters (approximately 1509 feet) centered on 33°44'12.5"N., 118°07'16.5"W.; to 33°44'04.8"N., 118°07'01.0"W.; thence northwest to 33°44'11.1"N., 118°07'13.0"W.; thence north/northeast to 33°44'24.0"N., 118°07'04.1"W.; thence east/southeast to 33°44'22.5"N., 118°06'57.0"W.; thence along the shoreline of Seal Beach and Anaheim Bay W. Jetty to 33°43'39.1"N., 118°06'06.8"W.; thence west/southwest to 33°43'27.8"N., 118°07'39.9"W.; thence northwest to 33°43'38.4"N., 118°07'48.2"W.; thence west to 33°43'38.4"N., 118°08'12.9"W.; and thence north to the beginning point.

(1327) (11) Explosives Anchorage (Long Beach Harbor). A circular area with a radius of 1,909 yards (1,745 meters), centered in position 33°43'37.0"N., 118°09' 05.3"W.

(1328) (c) Individual anchorage requirements:

(1329) (1) Table 110.214(c) lists anchorage grounds, identifies the purpose of each anchorage, and contains specific regulations applicable to certain anchorages. Requirements for the explosives anchorage are contained in Paragraph (d) of this section.

(1330)


(1331) (2) The geographic boundaries of each anchorage are contained in Paragraph (b) of this section.

(1332) (d) Explosives Anchorage (Long Beach Harbor).

(1333) (1) Priority for use of this anchorage shall be given to vessels carrying, loading, or unloading division 1.1, 1.2, 1.3 or 1.4 (explosive) materials as defined in 49 CFR 173.50, or Cargoes of Particular Hazard (COPH) as defined in 33 CFR 126.10, or Certain Dangerous Cargoes (CDC) as defined in 33 CFR 160.202.

(1334) (2) Vessels requiring the use of this anchorage shall notify the Captain of the Port at least 24 hours in advance of their intentions including the estimated times of arrival, departure, net explosive weight, and whether the vessel will be loading or unloading. Vessels may not use this anchorage without first obtaining a permit issued by the Captain of the Port.

(1335) (3) No vessel containing more than 680 metric tons (approximately 749 tons) of net explosive weight (NEW) may anchor in this anchorage;

(1336) (4) Bunkering and lightering operations are permitted in the explosives anchorage, except that vessels engaged in the loading or unloading of explosives shall not simultaneously conduct bunkering or lightering operations.

(1337) (5) Each anchored vessels loading, unloading or laden with explosives, must display a red flag of a least 1.2 square meters (approximately 16 square feet) in size by day, and at night the flag must be illuminated by spotlight;

(1338) (6) When a vessel displaying the red flag occupies the explosive anchorage, no other vessel may anchor within the Explosives Anchorage.

(1339) Note: When the explosives anchorage is activated, portions of Anchorage “C” “D” “F” and “Q” are encompassed by the explosives anchorage.

(1340) 
 § 110.215 Anaheim Bay Harbor, CA; U.S. Naval Weapons Station, Seal Beach, CA; Naval Explosives Anchorage.
(1341) (a) The anchorage ground. The waters of Anaheim Bay Harbor between the east side of the Entrance Channel and the East Jetty, and the West side of the Entrance Channel and the West Jetty as outlined in the following two sections:

(1342) (1) East Side:

(1343) 33°44'03.0"N., 118°05'35.0"W.

(1344) 33°43'53.0"N., 118°05'15.0"W.

(1345) 33°43'49.0"N., 118°05'18.0"W.

(1346) 33°43'36.5"N., 118°05'56.0"W.

(1347) 33°43'37.0"N., 118°05'57.0"W.

(1348) 33°44'03.0"N., 118°05'35.0"W.

(1349) (2) West Side:

(1350) 33°44'05.0"N., 118°05'40.0"W.

(1351) 33°44'06.0"N., 118°05'56.5"W.

(1352) 33°44'01.0"N., 118°06'01.0"W.

(1353) 33°43'40.5"N., 118°06'03.0"W.

(1354) 33°43'39.5"N., 118°06'02.0"W.

(1355) 33°44'05.0"N., 118°05'40.0"W.

(1356) (b) The regulations. (1) This area is reserved for use of naval vessels carrying or transferring ammunition or explosives under standard military restrictions as established by the Safety Manual, Armed Service Explosives Board.

(1357) (2) No pleasure or commercial craft shall navigate or anchor within this area at any time without first obtaining permission from the Commanding officer, Naval Weapons Station, Seal Beach, California. This officer will extend full cooperation relating to public use of the area and will fully consider every reasonable request for the passage of small craft in light of requirements for national security and safety of persons and property.

(1358) (3) Nothing in this section shall be construed as relieving the owner or operator of any vessel from the regulations contained in Part 334.930 of Title 33, covering navigation in Anaheim Bay Harbor.

(1359) (4) The regulations in this section shall be administered by the Commanding Officer U.S. Naval Weapons Station, Seal Beach, California and by such agencies as he may designate, and enforced by the Captain of the Port, Los Angeles-Long Beach, California.

(1360) 
 § 110.216 Pacific Ocean at Santa Catalina Island, CA.
(1361) (a) The anchorage grounds–(1) Descanso Bay. Shoreward of a line connecting the promontories known as White Rock and Casino Point.

(1362) (2) Isthmus Cove. All the waters bounded by a line connecting the following coordinates, beginning at 33°27'12"N., 118°30'05"W. (the promontory known as Lion Head); thence southeast to 33°26'55.5"N., 118°28'44"W.; thence west-southwest to 33°26'50"N., 118°29'08"W.; thence southwest to 33°26'39"N., 118°29'19"W.; thence along the shoreline returning to the point of origin, excluding the following-described non-anchorage area: an area 300 feet wide (170 feet west and 130 feet east of the centerline of the Catalina Island Steamship Line pier), extending 1600 feet from the foot of the pier, and an area 150 feet seaward of the shoreline extending approximately 1500 feet east and 1500 feet northwest of the centerline of said pier.

(1363) (3) Avalon Bay. (i) Anchorage A. The waters within an area described as follows: A circle of 1350 feet radius centered at 33°20'59.0"N., 118°18'56.2"W.

(1364) (ii) Anchorage B. The waters within an area described as follows: A circle of 1350 feet radius centered at 33°20'38.3"N., 118°18'35.8"W.

(1365) (iii) Anchorage C. The waters within an area described as follows: A circle of 1350 feet radius centered at 33°21'21.0"N., 118°19'16.7"W. Datum: NAD 83

(1366) (b) The regulations. (1) The Descanso Bay anchorage is reserved for yachts and other small craft. Floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes are prohibited.

(1367) (2) The Isthmus Cove anchorage shall be available for anchorage of all types of craft. Temporary floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes are prohibited.

(1368) (3) The non-anchorage area described in Paragraph (a)(2) of this section shall be used only by commercial vessels. Commercial vessels of 15 feet draft or over may anchor in this area seaward of the Catalina Island Steamship Line pier during hours between sunrise and sunset. The use of this area for anchorage is forbidden to all other craft at all times. Fixed mooring piles or stakes and floats or buoys for marking anchors or moorings in place are prohibited.

(1369) (4) The instructions of the Captain of the Port requiring vessels to anchor bow and stern, or with two bow anchors, or requiring shifting the anchorage of any vessel within the anchorage grounds for the common safety or convenience, or for otherwise enforcing the regulations in this section, shall be promptly complied with by owners, masters, and persons in charge of vessels.

(1370) (5) Nothing in this section shall be construed as relieving the owner or person in charge of any vessels or plant from the penalties of law for obstructing navigation or for obstructing or interfering with range lights, or for not complying with the navigation laws in regard to lights, fog signals, or for otherwise violating law.

(1371) (6) The Avalon Bay anchorage is reserved for large passenger vessels of over 1600 gross tons, unless otherwise authorized by the Captain of the Port Los Angeles-Long Beach.

(1372) 
 § 110.218 Pacific Ocean at San Clemente Island, CA; in vicinity of Wilson Cove.
(1373) (a) The anchorage grounds. Shoreward of a line beginning at a point on the beach bearing 153° true, 1,400 yards, from Wilson Cove Light; thence 062° true, 0.67 nautical mile, thence 332° true, 1.63 nautical miles; thence 241°31' true to the shore line.

(1374) (b) The regulations. (1) This area is reserved exclusively for anchorage of United State Government vessels or vessels temporarily operating under Government direction, and no vessel, except in an emergency, shall anchor in the area without first obtaining permission from the Commandant, Eleventh Naval District, or the Senior Naval Officer present who shall in turn notify the Commandant promptly.

(1375) (2) No vessel shall anchor in such a manner as to unreasonably obstruct the approach to the wharf.

(1376) 
 § 110.220 Pacific Ocean at San Nicolas Island, CA; restricted anchorage areas.
(1377) (a) The restricted area. All waters within one-quarter nautical mile from the shoreline or manmade structures including mooring buoys, piers and jetties on the easterly end of San Nicolas Island between a point on the northeast shore at latitude 33°14'36"N, longitude 119°26'41"W and a point on the southeast shore at latitude 33°13'08"N, longitude 119°27'06"W.

(1378) (b) The regulations. (1) Except in an emergency, no vessel shall enter into or anchor in this restricted area without permission from the Commanding Officer, Naval Base Ventura County. Cargo and supply vessels or barges destined for San Nicolas Island may anchor in the area for unloading or loading. (2) Each person in a restricted anchorage shall obey the order or direction of the Commanding Officer, Naval Base Ventura County, Coast Guard Eleventh District Commander, or Coast Guard Captain of the Port, Los Angeles-Long Beach, when issued to carry out this section.

(1379) (c) Enforcement. The Coast Guard may be assisted in enforcing this rule by other Federal, state, or local agencies.

(1380) 
 § 110.222 Pacific Ocean at Santa Barbara Island, CA.
(1381) (a) The anchorage grounds. Shoreward of a line beginning at the Santa Barbara Island Light on the northeast end of the island and bearing 23° true a distance of 1.515 nautical miles seaward from the beach; thence 140°30' true, 2.54 nautical miles; thence 212°30' true, 2.30 nautical miles; thence 296°30' true, 0.96 nautical mile; and thence 325° true to the beach.

(1382) (b) The regulations. The anchorage shall be available for anchorage of all types of craft. Temporary floats or buoys for marking anchors in place will be permitted in this area.

(1383) 
 § 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and connecting waters, CA.
(1384) (a) General Regulations.

(1385) (1) Within the navigable waters of San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, New York Slough, San Joaquin River Deep Water Channel, the Stockton Turning Basin, the Sacramento River Deep Water Ship Channel between Suisun Bay and the east end of the West Sacramento Turning Basin, and connecting waters, anchoring is prohibited outside of designated anchorages except when required for safety or with the written permission of the Captain of the Port. Each vessel anchoring outside an established anchorage area shall immediately notify the Captain of the Port of her position and reason for anchoring.

(1386) (2) No vessel may permanently moor in areas adjacent to the San Joaquin River Deep Water Channel except with the written permission of the Captain of the Port.

(1387) (3) Each vessel anchoring for safety reasons in the San Joaquin River Deep Water Channel, the Sacramento River Deep Water Ship Channel, or the Stockton or West Sacramento Turning Basins shall be positioned as near to the edge of the channel or turning basin as possible so as not to interfere with navigation, or obstruct the approach to any pier, wharf, slip, or boat harbor and shall move as soon as the reason for anchoring no longer exists or when notified to move by the Captain of the Port.

(1388) (4) No vessel may anchor within a tunnel, cable, or pipeline area shown on a Government chart.

(1389) (5) No vessel may moor, anchor, or tie up to any pier, wharf, or other vessel in such a manner as to extend into an adjacent channel or fairway.

(1390) (6) No vessel in such a condition that it is likely to sink or otherwise become a menace or obstruction to navigation or anchorage of other vessels may occupy an anchorage, except when unforeseen circumstances create conditions of imminent peril to personnel and then only for such period as may be authorized by the Captain of the Port.

(1391) (7) Each vessel carrying explosives shall only anchor in an explosives anchorage except as authorized by Paragraph (a)(1) or (a)(17) of this section.

(1392) (8) No vessel other than a vessel under Federal supervision may go alongside or in any manner moor to any Government-owned vessel, mooring buoy, or pontoon boom, their anchor cables, or any of their appendages. No vessel other than a vessel under Federal supervision may obstruct or interfere in any manner with the mooring, unmooring, or servicing of vessels owned by the United States.

(1393) (9) The Captain of the Port may require any vessel in a designated anchorage area to moor with two or more anchors.

(1394) (10) Each vessel that will not have sufficient personnel on board to weigh anchor at any time shall anchor with two anchors with mooring swivel, unless otherwise authorized by the Captain of the Port.

(1395) (11) Deep-draft vessels shall take precedence over vessels of lighter draft in the deeper portions of all anchorages. Light-draft barges and vessels shall anchor away from the deeper portions of the anchorage so as not to interfere with the anchoring of deep-draft vessels. Should circumstances warrant, the Captain of the Port may require lighter draft vessels to move to provide safe anchorage, particularly in Anchorages 7 and 9, for deep-draft vessels.

(1396) (12) Barges towed in tandem to any anchorage shall nest together when anchoring.

(1397) (13) Each vessel that is notified by the Captain of the Port or his authorized representative to shift her position shall promptly shift her position.

(1398) (14) No person may use these anchorages for any purpose other than the purpose stated in these anchorage regulations.

(1399) (15) Where these regulations require that a vessel notify the Captain of the Port, the operator of the vessel shall transmit such report to the San Francisco Vessel Traffic Service.

(1400) NOTE: Vessel Traffic Service guards VHF-FM Channel 13 (156.65 MHz) and Channel 14 (156.70 MHz).

(1401) (16) Nothing in this section may be construed as relieving any vessel or the owner or person in charge of any vessel from the penalties of law for obstructing or interfering with range lights or for not complying with the laws relating to lights, day signals, and fog signals and other navigation laws and regulations.

(1402) (17) The District Engineer, Corps of Engineers, may issue written permission for anchoring a single barge carrying explosives in quantities considered by the District Engineer as safe and necessary in the vicinity of work being done directly under the District Engineer supervision or under a Department of the Army permit. When issuing such a permit, the District Engineer shall prescribe the conditions under which the explosives must be stored and handled and shall furnish a copy of the permit and a copy of the rules and regulations for storing and handling to the Captain of the Port.

(1403) (18) No vessel may anchor in a “dead ship” status (propulsion or control unavailable for normal operations) at any anchorage other than in Anchorage 9 as specified in Table 110.224(d)(1) without prior approval of the Captain of the Port.

(1404) (b) Naval Anchorages. In addition to the General Regulations in Paragraph (a) of this section, the following regulations apply to each naval anchorage described in this section.

(1405) (1) Naval anchorages are intended for public vessels of the United States, but may be used by other vessels when not required for use by public vessels.

(1406) (2) Other vessels using a naval anchorage shall promptly notify the Captain of the Port upon anchoring and upon departure and shall be prepared to move within one hour upon notice should the anchorage be required for public vessels.

(1407) (c) Explosive Anchorages. In addition to the General Regulations in Paragraph (a) of this section, the following regulations apply to each explosives anchorage described in this section.

(1408) (1) Explosives anchorages and, where established, surrounding forbidden anchorage zones, are temporarily activated as needed by the Captain of the Port. When not activated, explosives anchorages and surrounding forbidden anchorage zones become part of the general anchorage which encompasses them or, if not located within the boundaries of a general anchorage, become available for general navigation.

(1409) (2) Notice of activation and deactivation of explosives anchorages will be disseminated by Coast Guard Broadcast Notice to Mariners.

(1410) (3) Each vessel which anchors in an explosives anchorage or surrounding forbidden anchorage zone while such anchorage is not activated shall be prepared to move within one hour if the anchorage is activated.

(1411) (4) Unless otherwise authorized by the Captain of the Port:

(1412) (i) No vessel may anchor in an activated explosives anchorage except vessels loaded with, loading, or unloading explosives.

(1413) (ii) No vessel may enter or remain in an activated explosives anchorage except (A) vessels loaded with, loading or unloading explosives, (B) lighters or barges delivering cargo to or from such vessels, or (c) a tug authorized by Paragraph (c)(7)(iii) of this section.

(1414) (iii) No vessel carrying explosives or on which explosives are to be loaded may enter or remain in an activated explosives anchorage without written permission from the Captain of the Port. Such a permit must be obtained before entering the anchorage and may be revoked at any time.

(1415) (iv) No vessel may anchor in the forbidden anchorage zone surrounding an activated explosives anchorage.

(1416) (5) Each vessel loaded with, loading, or unloading explosives, while within an explosives anchorage, shall display by day at her masthead, or at least 10 feet above the upper deck if the vessel has no mast, a red flag at least 16 square feet in area.

(1417) (6) Each passing vessel shall reduce speed as necessary so as to insure that its wake does not interfere with cargo transfer operations aboard any vessel displaying a red flag in an explosives anchorage.

(1418) (7) The Captain of the Port may:

(1419) (i) Issue permission to any vessel carrying flammable solids, oxidizing materials, corrosive liquids, flammable liquids, compressed gases, or poisonous substances to occupy a berth in an activated explosives anchorage. Such a permit must be obtained before entering the anchorage and may be revoked at any time.

(1420) (ii) Require any person having business on board a vessel which is loaded with, loading, or unloading explosives to have a document that is acceptable to the Coast Guard for identification purposes and to show that document to the Captain of the Port.

(1421) (iii) Require a non-self-propelled vessel, or a self-propelled vessel that is unable to maneuver under its own power, that occupies an activated explosives anchorage to be attended by a tug.

(1422) (d) Anchorage Grounds.

(1423) (1) Table 110.224(d)(1) lists anchorage grounds, identifies the purpose of each anchorage, and contains specific regulations applicable to certain anchorages.

(1424)


(1425) (2) The geographic boundaries of each anchorage are contained in Paragraph (e) of this section.

(1426) (e) Boundaries—(1) Anchorage No. 4. Bounded by the west shore of San Francisco Bay and the following lines: Beginning on the shore southwest of Point San Quentin at 37°56'28"N., 122°28'54"W.; thence east-southeasterly to 37°55'55"N., 122°26'49"W.; thence southwesterly to 37°54'13"N., 122°27'24"W.; thence southeasterly to the shore of Tiburon Peninsula at Point Chauncey at 37°53'40.5"N., 122°26'55"W. When Explosives Anchorage No. 13 is activated by the Captain of the Port, it and the forbidden anchorage zone surrounding it are excluded from Anchorage No. 4.

(1427) (2) Anchorage No. 5, Southampton Shoal. In San Francisco Bay at Southampton Shoal bounded by a line connecting the following coordinates:

(1428) 37°55'48"N., 122°25'52"W; to

(1429) 37°55'50"N., 122°26'32"W; to

(1430) 37°54'49"N., 122°26'39"W; to

(1431) 37°54'03"N., 122°26'06"W; to

(1432) 37°53'25"N., 122°25'30"W; to

(1433) 37°53'23"N., 122°25'09"W; to

(1434) 37°55'19"N., 122°25'33"W; to

(1435) 37°55'42"N., 122°25'45"W; thence back to

(1436) 37°55'48"N., 122°25'52"W.

(1437) (3) Anchorage No. 6. Bounded by the east shore of San Francisco Bay and the following lines: Beginning at the shore of the southernmost extremity of Point Isabel at 37°53'46"N., 122°19'19"W.; thence westerly along the north shore of Brooks Island to the jetty extending westerly therefrom; thence westerly along the jetty to its bayward end at 37°54'13"N., 122°23'27"W.; thence south-southeasterly to 37°49'53"N., 122°21'39"W.; thence southeasterly to 37°49'32.5"N., 122°21'20.5"W.; thence easterly to 37°49.34"N., 122°20'13"W.; thence east-southeasterly to 37°49'30"N., 122°19'45.5"W.; thence east-northeasterly to the shore at Emeryville at 37°50'04"N., 122°17'41"W.; excluding from this area, however, the channel to Berkeley Marina delineated by lines joining the following points:

(1438) 37°52'08"N., 122°19'07"W.

(1439) 37°52'03"N., 122°19'17.5"W.

(1440) 37°52'00"N., 122°19'15.5"W.

(1441) 37°51'01"N., 122°22'07"W.

(1442) 37°50'43"N., 122°22'00"W.

(1443) 37°50'53"N., 122°21'32"W.

(1444) 37°51'47"N., 122°18'59"W.

(1445) (4) Anchorage No. 7Treasure Island. In San Francisco Bay at Treasure Island bounded a line connecting the following coordinates:

(1446) 37°49'36"N., 122°22'40"W; to

(1447) 37°50'00"N., 122°22'57"W; to

(1448) 37°50'00"N., 122°23'44"W; to

(1449) 37°49'22.5"N., 122°23'44"W; to

(1450) 37°48'40.5"N., 122°22'38"W; to

(1451) 37°49'00.0"N., 122°22'16"W; thence along the shore to

(1452) 37°49'36"N., 122°22'40"W.

(1453) (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore of Alameda Island and the following lines: Beginning at 37°47'52.0"N., 122°19'58.0"W.; thence west-northwesterly to 37°48'02.5"N., 122°21'01.5"W.; thence west-southwesterly to 37°47'51.5"N., 122°21'40.0"W.; thence south-southwesterly to 37°47'35.5"N., 122°21'50.0"W.; thence south-southeasterly to 37°46'40.0"N., 122°21'23.0"W.; thence easterly to 37°46'36.5"N., 122°19'52.0"W.; thence northerly to shore at 37°46'53.0"N., 122°19'53.5"W. (NAD 83).

(1454) (6) Anchorage No. 8A. In San Francisco Bay bounded by the following lines: Beginning at 37°47'35"N., 122°21'50"W.; thence south-southwesterly to 37°47'07"N., 122°22'09"W.; thence south-southeasterly to 37°46'30"N., 122°21'57"W.; thence easterly along the northern border of Anchorage 9 to 37°46'26"N., 122°20'42"W.; thence northerly to 37°46'38"N., 122°20'42"W.; thence westerly along the southern border of Anchorage 8 to 37°46'41"N., 122°21'23"W.; thence northwesterly along the southwestern border of Anchorage 8 back to the beginning point (NAD 83).

(1455) (7) Anchorage No. 9. In San Francisco Bay bounded on the east by the eastern shore of San Francisco Bay and on the north by the southern shore of Alameda Island and a line beginning at 37°46'21.5"N., 122°19'07.0"W.; thence westerly to 37°46'30.0"N., 122°21'56.0"W.; thence south-south easterly to 37°41'45.0"N., 122°20'22.0"W. (San Bruno Channel Light 1); thence south-southeasterly to 37°38'38.5"N., 122°18'48.5 "W. (San Bruno Channel Light 5); thence southeasterly to 37°36'05.0"N., 122°14'18.0"W.; thence northeasterly to shore at 37°37'38.5"N., 122°09'06.5"W. (NAD 83).

(1456) (8) Anchorage No. 10. In San Francisco Bay bounded by the east shore of Sausalito and the following lines: Beginning on the shore of Sausalito at 37°51'20"N., 122°28'38"W.; thence southeasterly to 37°50'57.5"N., 122°27'57"W.; thence southwesterly to the shore of Sausalito at 37°50'36"N., 122°28'34"W.

(1457) (9) Anchorage No. 12. In San Francisco Bay east of the city of San Francisco Bay east of the city of San Francisco a circular area having a radius of 500 yards centered at 37°44'32.5"N., 122°20'27.5"W. A 667-yard-wide forbidden anchorage zone surrounds this anchorage.

(1458) (10) Anchorage No. 13. In San Francisco Bay east of the Tiburon Peninsula a circular area having a radius of 333 yards centered at 37°55'26"N., 122°27'27"W. A 667-yard-wide forbidden anchorage zone surrounds this anchorage except where such zone would extend beyond the limits of Anchorage No. 4.

(1459) NOTE: see §110.224(e)(2) for a description of Anchorage No. 4.

(1460) (11) Anchorage No. 14. In San Francisco Bay east of Hunters Point an area 1,000 yards wide and 2,760 yards long, the end boundaries of which are semicircles, with a radii of 500 yards and center, respectively at 37°42'37"N., 122°19'48"W. and 37°43'29"N., 122°19'48"W. (NAD 83); and the side boundaries of which are parallel tangents joining the semicircles. A forbidden anchorage zone extends 667 yards out from the perimeter on each side.

(1461) (12) Anchorage No. 18. In San Pablo Bay bounded by the west shore of San Pablo Bay and the following lines: Beginning at the shore at Point San Pedro at 37°59'16"N., 122°26'47"W.; thence easterly to 37°59'16"N., 122°26'26"W.; thence northerly to 38°03'46"N., 122°25'52.5"W.; thence northwesterly to the shore south of the entrance to Novato Creek at 38°05'13.5"N., 122°29'04"W.; excluding from this area, however, the channel to Hamilton Field and the extension of this channel easterly to the boundary of the anchorage, and the pipeline area therein.

(1462) (13) Anchorage No. 19. In San Pablo Bay bounded by the northeast shore of San Pablo Bay and the following lines: Beginning at the shore of Tubbs Island at 38°07'39"N., 122°25'18"W.; thence southerly to 38°00'36"N., 122°25'20"W.; thence northeasterly to 38°03'13"N., 122°19'46"W.; thence east-northeasterly to 38°03'37"N., 122°17'13"W.; thence northerly to the long dike extending southwesterly from Mare Island at 38°03'52.5"N., 122°17'10"W.; thence along the long dike to the shore at Mare Island.

(1463) (14) Anchorage No. 20. In San Pablo Bay bounded by the southeast shore of San Pablo Bay and the following lines: Beginning at the northeast corner of Parr Terminal No. 4 at Point San Pablo at 37°57'59"N., 122°25'35"W.; thence northeasterly to 38°01'27.5"W., 122°21'33"W.; thence east-northeasterly to the Union Oil Co. pier at Oleum at 38°03'18"N., 122°15'37"W.; and thence along this pier to the shore.

(1464) (15) Anchorage No. 21. In San Pablo Bay south of Mare Island a rectangular area beginning at 38°03'56"N., 122°15'56"W.; thence easterly to 38°04'02"N., 122°15'20"W.; thence southerly to 38°03'48"N., 122°15'16"W.; thence westerly to 38°03'42"N., 122°15'52"W.; thence northerly to the point of beginning.

(1465) (16) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an area bounded by a line connecting the following coordinates:

(1466) 38°02'36.8"N., 122°09'59"W.; to

(1467) 38°02'06.6"N., 122°09'46.7"W.; to

(1468) 38°01'53.8"N., 122°09'00"W.; to

(1469) 38°02'33.9"N., 122°09'00"W.; thence back to

(1470) 38°02'36.8"N., 122°09'59"W.

(1471) (17) Anchorage No. 23 Benicia. In Carquinez Strait an area bounded by a line connecting the following coordinates:

(1472) 38°02'33.9"N., 122°09'00"W.; to

(1473) 38°01'53.8"N., 122°09'00"W.; to

(1474) 38°01'57.4"N., 122°08'19.3"W.; to

(1475) 38°02'33.0"N., 122°08'18.6"W.; thence back to

(1476) 38°02'33.9"N., 122°09'00"W.

(1477) (18) Anchorage No. 24. Bounded by the north shore of Carquinez Strait and the following points:

(1478) Beginning on the shore at Dillon Point at

(1479) 38°03'44"N., 122°11'34"W.; thence southeasterly to

(1480) 38°03'21"N., 122°10'43"W.; thence southeasterly to

(1481) 38°02'36"N., 122°10'03"W. (Carquinez Strait Light 23); thence to the shore at the Benicia City Wharf at

(1482) 38°02'40"N., 122°09'55"W. (NAD 83).

(1483) (19) Anchorage No. 26. On the west side of Suisun Bay, adjacent to and northeast of the city of Benicia within the following boundaries: Beginning on the shore northeast of Army Point at 38°02'54"N., 122°07'37"W.; thence south-southeasterly along the Southern Pacific bridge to 38°02'38"N., 122°07'24"W.; thence easterly to 38°02'42"N., 122°07'07.5"W.; thence northeasterly to 38°05'42"N., 122°04'06"W.; thence northwesterly to the shore at 38°05'58"N., 122°04'28"W.; thence along the shore to the point of beginning.

(1484) (20) Anchorage No. 27. In the northeast portion of Suisun Bay bounded by the north shore and the following lines: Beginning on the shore of Grizzly Island at 38°08'13"N., 122°02'42.5"W.; thence southerly to tripod at Preston Point on Roe Island at 38°04'16"N., 122°02'42"W.; thence along the south shore of Roe Island to 38°04'05"N., 122°01'35"W; thence east-southeasterly to 38°03'42.5"N., 121°58'54"W.; thence easterly to the shore of Chipps Island at 38°03'42.5"N., 121°55'05"W.

(1485) (21) Anchorage No. 28. The area bounded on the east by the shore of Lower Sherman Island and the following lines: Beginning at Point Sacramento on Lower Sherman Island at 38°03'45"N., 121°50'17.5"W.; thence southwesterly to 38°03'37.5"N., 121°50'31"W.; thence south-southeasterly to 38°02'11"N., 121°49'58"W.; thence to the shore of Lower Sherman Island at 38°02'23"N., 121°49'49"W.

(1486) (22) Anchorage No. 30. The portion of the Old San Joaquin River Channel bounded on the west by the shore of Mandeville Point and the following lines: Beginning on the shore of Mandeville Point at 38°04'01"N., 121°32'05"W.; thence northeasterly to 38°04'07.5"N., 121°31'58"W.; thence southeasterly to 38°03'47"N., 121°31'42.5"W.; thence westerly to the shore of Mandeville Point at 38°03'47.5"N., 121°31'56"W.

(1487) 
 § 110.228 Columbia River, Oregon and Washington.
(1488) (a) Anchorage grounds—(1) Astoria North Anchorage. An area enclosed by a line beginning northeast of Astoria, Oregon, at 46°12'00.79"N., 123°49'55.40"W.; thence continuing easterly to 46°12'02.00"N., 123°49'40.09"W.; thence continuing east-northeasterly to 46°13'14.85"N., 123°46'27.89"W.; thence continuing south-southeasterly to 46°13'00.56"N., 123°46'16.65"W.; thence continuing southwesterly to 46°11'51.79"N., 123°49'18.08"W.; thence continuing west-southwesterly to 46°11'46.27"N, 123°49'43.48"W.; thence continuing west-southwesterly to 46°11'44.98"N, 123°49'49.44"W.; thence continuing westerly to 46°11'44.32"N., 123°49'58.88"W.; thence continuing northeasterly to the point of the beginning.

(1489) (2) Astoria South Anchorage. An area enclosed by a point beginning east-northeast of Astoria, Oregon, at 46°11'46.95"N., 123°49'13.04"W.; thence continuing northeasterly to 46°13'02.18"N., 123°45'54.55"W.; thence continuing easterly to 46°13'05.90"N., 123°45'41.55"W; thence continuing southeasterly to 46°12'55.16"N., 123°45'34.31"W; thence continuing southwesterly to 46°12'24.32"N., 123°46'34.70"W.; thence continuing west-southwesterly 46°11'37.32"N., 123°49'03.46"W.; thence continuing north-northwesterly to the point of the beginning.

(1490) (3) Longview Anchorage. An area enclosed by a line beginning southeast of Longview, Washington, at 46°06'28.69"N., 122°57'38.33"W.; thence continuing northwesterly to 46°06'41.71"N., 122°58'01.25"W.; thence continuing westerly to 46°07'22.55"N., 122°59'00.81"W; thence continuing westerly to 46°07'36.21"N., 122°59'19.29"W.; thence continuing southwesterly to 46°07'28.44"N., 122°59'31.18"W.; thence continuing easterly to 46°07'14.77"N., 122°59'12.70"W.; thence continuing easterly to 46°06'42.01"N., 122°58'28.41"W.; thence continuing northeasterly to 46°06'34.27"N., 122°58'14.21"W.; thence continuing northeasterly to 46°06'32.19"N., 122°58'08.77"W.; thence continuing northeasterly to 46°06'22.44"N., 122°57'43.27"W.; thence continuing northeasterly to the point of the beginning.

(1491) (4) Kalama Anchorage. An area to be enclosed by a line beginning north-northwesterly of Sandy Island at 46°01'20.48"N., 122°52'04.32"W.; thence continuing east-southeasterly to 46°00'57.73"N., 122°51'35.14"W.; thence continuing east-southeasterly to 46°00'53.95"N., 122°51'30.29"W.; thence continuing southeasterly to 46°00'35.10"N., 122°51'15.37"W.; thence continuing south-southeasterly to 45°59'41.48"N., 122°50'52.40"W; thence continuing southwesterly to 45°59'38.65"N., 122°51'05.97"W.; thence continuing north-northwesterly to 46°00'36.82"N., 122°51'30.90"W.; thence continuing west-northwesterly to 46°00'51.32"N., 122°51'45.44"W.; thence continuing west-northwesterly to 46°01'24.38"N., 122°52'21.20"W.; thence continuing northeasterly to the beginning.

(1492) (5) Woodland Anchorage. An area enclosed by a line beginning northeast of Columbia City, Oregon, at 45°53'55.31"N., 122°48'17.35"W.; thence continuing easterly to 45°53'57.11"N., 122°48'02.16"W.; thence continuing south-southeasterly to 45°53'27.16"N., 122°47'44.28"W.; thence continuing westerly to 45°53'20.16"N., 122°48'02.37"W.; thence continuing northwesterly to 45°53'41.50"N., 122°48'13.53"W.; thence continuing northerly to the point of beginning.

(1493) (6) Henrici Bar Anchorage. An area enclosed by a line beginning west-southwesterly of Bachelor Slough, Washington, at 45°47'24.68"N., 122°46'49.14"W.; thence continuing east-southeasterly to 45°46'44.95"N., 122°46'13.23W., thence continuing southeasterly to 45°46'25.67"N., 122°46'00.54"W.; thence continuing south-southeasterly to 45°46'02.69"N., 122°45'50.32"W; thence continuing southerly to 45°45'43.66"N., 122°45'45.33"W; thence continuing southerly to 45°45'37.52"N., 122°45'44.99"W; thence continuing westerly to 45°45'37.29"N., 122°45'53.06"W.; thence continuing north-northwesterly to 45°46'15.94"N., 122°46'10.25"W.; thence continuing west-northwesterly to 45°47'20.20"N., 122°46'59.28"W; thence continuing easterly to the point of beginning.

(1494) (7) Lower Vancouver Anchorage. An area enclosed by a line beginning north-northeast of Reeder Point at 45°43'39.18"N, 122°45'27.54"W; thence continuing south-southwesterly to 45°41'26.95"N., 122°46'13.83"W.; thence continuing southerly to 45°40'35.72"N, 122°46'09.98"W; thence continuing south-southeasterly to 45°40'23.95"N, 122°46'04.26"W; thence continuing west-southwesterly to 45°40'20.68"N., 122°46'16.07"W.; thence continuing northwesterly to 45°40'32.85"N., 122°46'21.98"W.; thence continuing north-northwesterly to 45°41'01.03"N, 122°46'26.85"W; thence continuing northerly to 45°41'29.07"N., 122°46'26.15"W; thence continuing north-northeasterly to 45°43'41.27"N., 122°45'39.87"W.; thence continuing easterly to the point of the beginning. The Vancouver lower anchorage will then resume slightly further upstream at an area north of Kelly point and will be enclosed by a line starting at 45°40'10.09"N., 122°45'57.53"W.; thence continuing southeasterly to 45°39'42.94"N., 122°45'44.34"W.; thence continuing west-southwesterly to 45°39'40.07"N., 122°45'56.34"W.; thence continuing northwesterly to 45°40'06.75"N., 122°46'09.30"W.; thence continuing east-northeasterly to the point of the beginning.

(1495) (8) Kelly Point Anchorage. An area enclosed by a line beginning northeast of Kelly Point, Oregon, at 45°39'10.32"N., 122°45'36.45"W.; thence continuing east-southeasterly to 45°39'02.10"N., 122°45'21.67"W.; thence continuing east-southeasterly to 45°38'59.15"N., 122°45'16.38"W.; thence continuing southwesterly to 45°38'51.03"N., 122°45'25.57"W; thence continuing westerly to 45°38'51.54"N., 122°45'26.35"W.; thence continuing northwesterly to 45°39'06.27"N., 122°45'40.50"W.; thence continuing north-northeasterly to the beginning point.

(1496) (9) Upper Vancouver Anchorage. An area enclosed by a line beginning north-northeast of Hayden Island at 45°38'43.44"N., 122°44'39.50"W.; thence continuing northeasterly to 45°38'26.98"N, 122°43'25.87"W.; thence continuing east-northeasterly to 45°38'17.31"N., 122°42'54.69"W.; thence continuing easterly to 45°38'12.40"N., 122°42'43.93"W.; thence continuing east-southeasterly to 45°37'40.53"N., 122°41'44.08"W.; thence south-southeasterly to 45°37'36.11"N., 122°41'48.86"W.; thence continuing west-southwesterly to 45°37'52.20"N., 122°42'19.50"W.; thence continuing west-southwesterly to 45°38'10.75"N, 122°43'08.89"W.; thence continuing southwesterly to 45°38'18.79"N., 122°43'44.83"W.; thence continuing westerly to 45°38'41.37"N, 122°44'40.44"W.; thence continuing northeasterly to the point of beginning.

(1497) (10) Cottonwood Island Anchorage. The waters of the Columbia River bounded by a line connecting the following points:

(1498) 46°05'56.88"N., 122°56'53.19"W.

(1499) 46°05'14.06"N., 122°54'45.71"W.

(1500) 46°04'57.12"N., 122°54'12.41"W.

(1501) 46°04'37.55"N, 122°53'45.80"W.

(1502) 46°04'13.72"N., 122°53'23.66"W.

(1503) 46°03'54.94"N., 122°53'11.81"W.

(1504) 46°03'34.96"N., 122°53'03.17"W.

(1505) 46°03′11.61″N., 122°52′56.29″W.

(1506) 46°03′10.94″N., 122°53′10.55″W.

(1507) 46°03'32.06"N., 122°53'19.69"W.

(1508) 46°03'50.84"N., 122°53'27.81"W.

(1509) 46°04'08.10"N., 122°53'38.70"W.

(1510) 46°04'29.41"N., 122°53'58.17"W.

(1511) 46°04'49.89"N., 122°54'21.57"W.

(1512) 46°05'06.95"N., 122°54'50.65"W.

(1513) 46°05'49.77"N., 122°56' 58.12"W.

(1514) (11) Prescott Anchorage. The waters of the Columbia River bounded by a line connecting the following points:

(1515) 46°02′47.01″N., 122°52′53.90″W.

(1516) 46°02′26.32″N., 122°52′51.89″W.

(1517) 46°02′25.92″N., 122°53′00.38″W.

(1518) 46°02′46.54″N., 122°53′03.87″W.

(1519) (b) Regulations.

(1520) (1) All designated anchorages are intended for the primary use of deep-draft vessels over 200 feet in length.

(1521) (2) If a vessel under 200 feet in length is anchored in a designated anchorage, the master or person in charge of the vessel shall:

(1522) (i) Ensure that the vessel is anchored so as to minimize conflict with large, deep-draft vessels utilizing or seeking to utilize the anchorage; and

(1523) (ii) Move the vessel out of the area if requested by the master of a large, deep-draft vessel seeking to enter or depart the area or if directed by the Captain of the Port.

(1524) (3) Vessels desiring to anchor in designated anchorages shall contact the pilot office that manages that anchorage to request an appropriate position to anchor. Columbia River Bar Pilots manage Astoria North Anchorage and Astoria South Anchorage. Columbia River Pilots manage all designated anchorages upriver from Astoria.

(1525) (4) No vessel may occupy a designated anchorage for more than 30 consecutive days without permission from the Captain of the Port.

(1526) (5) No vessel being laid-up or dismantled or undergoing major alterations or repairs may occupy a designated anchorage without permission from the Captain of the Port.

(1527) (6) No vessel carrying a Cargo of Particular Hazard listed in § 126.10 of this chapter may occupy a designated anchorage without permission from the Captain of the Port.

(1528) (7) No vessel in a condition such that it is likely to sink or otherwise become a hazard to the operation of other vessels shall occupy a designated anchorage except in an emergency and then only for such periods as may be authorized by the Captain of the Port.

(1529) (8) Vessels anchoring in Astoria North Anchorage should avoid placing their anchor in the charted cable area.

(1530) 
 § 110.230 Anchorages, Captain of the Port Puget Sound Zone, WA.
(1531) (a) Anchorage grounds. All coordinates are expressed in North American Datum 1983.

(1532) (1) Freshwater Bay Emergency Anchorage. All waters of Freshwater Bay and adjacent waters shoreward of a line beginning at Observatory Point

(1533) 48°09′03″N, 123°38′12″W; thence 000°T to

(1534) 48°09′36″N, 123°38′12″W; thence 090°T to

(1535) 48°09′36″N, 123°33′27″W; thence 180°T ending at Angeles Point, 48°09′00″N, 123°33′27″W.

(1536) (i) This anchorage may only be assigned to vessels experiencing an emergency that requires anchoring. Vessel emergencies include equipment failures, cargo securing, etc. Vessels requiring a customs inspection will not be allowed to anchor in this area.

(1537) (ii) [Reserved.]

(1538) (2) Bellingham Bay Anchorages—(i) General Anchorage. The waters of Bellingham Bay within a circular area with a radius of 2,000 yards, having its center at 48°44′14.39″N, 122°32′26.62″W.

(1539) (ii) Explosives Anchorage. The waters of Bellingham Bay within a circular area with a radius of 1,000 yards, having its center at 48°42′47.39″N, 122°33′41.62″W.

(1540) (3) Port Townsend Anchorages. (i) Fair weather explosives anchorage area. A circular area having a radius of 300 yards, whose center is at 48°06′25.30″N, 122°43′50.60″W.

(1541) (ii) Foul weather explosives anchorage area. A circular area having a radius of 300 yards, whose center is at 48°04′04.33″N, 122°44′56.60″W.

(1542) (4) Holmes Harbor General Anchorage. All waters of Holmes Harbor lying south of a line between 48°05′50″N, 122°31′24″W; thence 311°T to 48°07′03″N, 122°33′31″W.

(1543) (5) Port Gardner General Anchorage. All waters in a quadrilateral area bounded as follows: Beginning at

(1544) 47°58′57″N, 122°14′05″W; thence 302°T to

(1545) 47°59′21.5″N, 122°15′02″W; thence 229°T to

(1546) 47°58′57″N, 122°15′44″W; thence 122°T to

(1547) 47°58′32.5″N, 122°14′47″W; thence 048°T to point of origin.

(1548) (6) Thorndike Bay Emergency Explosives Anchorage. All waters in a quadrilateral area bounded as follows: Beginning at

(1549) 47°47′59″N, 122°43′30″W; thence 270°T to

(1550) 47°47′59″N, 122°44′30″W; thence 180°T to

(1551) 47°47′30″N, 122°44′30″W; thence 090°T to

(1552) 47°47′30″N, 122°43′30″W, thence 000°T to point of origin.

(1553) (7) Elliott Bay Anchorages—(i) Smith Cove West General Anchorage. All waters inside the area beginning at

(1554) 47°38′20.44″N, 122°24′48.56″W; thence 207T to

(1555) 47°37′51.6″N, 122°25′10.5″W; thence 124°T to

(1556) 47°36′56.2″N, 122°23′07″W; thence 000°T to

(1557) 47°37′59.5″N, 122°23′07″W; thence northwest along the shoreline to the point of origin.

(1558) (ii) Smith Cove East General Anchorage. All waters inside the area beginning at

(1559) 47°37′36.2″N, 122°22′43″W; thence 180°T to

(1560) 47°36′56.2″N, 122°22′43″W; thence 090°T to

(1561) 47°36′56.2″N, 122°21′22.5″W, thence northwest along the shoreline to the point of origin.

(1562) (iii) Elliott Bay East General Anchorage. All waters inside the area beginning at

(1563) 47°35′25.8″N, 122°20′45.5″W; thence 000°T to

(1564) 47°35′55.85″N, 122°20′45.5″W; thence 270°T to

(1565) 47°35′55.85″N, 122°21′30″W; thence 180°T to

(1566) 47°35′19.2″N, 122°21′30″W; thence east along the shoreline to the point of origin.

(1567) (iv) Elliott Bay West General Anchorage. All waters inside the area beginning at

(1568) 47°35′30″N, 122°21′41″W, thence 000°T to

(1569) 47°35′45.5″N, 122°21′41″W; thence 336°T to

(1570) 47°35′55.85″N, 122°21′48.5″W; thence 270°T to

(1571) 47°35′55.85″N, 122°23′16.46″W, thence 180°T to Duwamish Head thence southeast following the shoreline to 47°35′30″N, 122°22′54.5″W; thence 090°T to the point of origin.

(1572) (8) Yukon Harbor General Anchorage. All waters inside the area beginning at

(1573) 47°33′54.66″N, 122°31′54.68″W; thence 106°T to

(1574) 47°33′23″N, 122°29′05″W; thence 180°T to

(1575) 47°32′39.5″N, 122°29′05″W; thence south along the eastern shoreline of Blake Island to

(1576) 47°31′48″N, 122°29′21″W; thence 250°T to

(1577) 47°31′20.5″N, 122°31′10″W; thence west and north along the Kitsap Peninsula shoreline to the point of origin.

(1578) (9) Cherry Point General Anchorage. The waters within a circular area with a radius of 1600 yards, having its center at 48°48′29.39″N, 122°46’04.66″W.

(1579) (10) Anacortes General Anchorages. (i) Anacortes East (ANE) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°31′27″N., 122°33′45″W.

(1580) (ii) Anacortes Center (ANC) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°30′54″N, 122°34′06″W.

(1581) (iii) Anacortes West (ANW) Anchorage. The waters within a circular area with a radius of 600 yards, having its center at 48°31′09″N, 122°34′55″W.

(1582) (11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug and Barge General Anchorage includes all waters enclosed by a line connecting the following points:

(1583) 48°31′16″N, 122°36′00″W, which is approximately the northeast tip of Cap Sante; then southeast to

(1584) 48°30′53″N, 122°35′28″W; then west southwest to

(1585) 48°30′45″N, 122°35′52″W, approximately the south tip of Cap Sante; then north along the shoreline to the point of origin.

(1586) (12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug and Barge General Anchorage includes all waters enclosed by a line connecting the following points:

(1587) 48°31′19″N, 122°33′04″W, near the west side of Hat Island; then southwest to

(1588) 48°30′37″N, 122°33′38″W; then east to

(1589) 48°30′37″N, 122°32′00″W; then northwest to the point of origin.

(1590) (13) Commencement Bay General Anchorage. A quadrilateral area bounded as follows: Beginning at 47°17′36.36″N, 122°26′04.45″W; thence due south to 47°17′18.36″N, 122°26′04.45″W; thence due east to 47°17′18.36″N, 122°25′04.45″W; thence due north to 47°17′32.36″N, 122°25′04.45″W; thence west northwest to the point of origin.

(1591) (14) Non-anchorage area Port Angeles Harbor. Beginning at a point on the shore at

(1592) 48°07′03.83″N, 123°24′20.67″W; thence to

(1593) 48°07′38.43″N, 123°24′04.67″W; thence to

(1594) 48°07′36.03″N, 123°23′50.67″W; thence to a point on the shoreline at 48°06′56.73″N, 123°24′08.67″W.

(1595) (i) No vessel may anchor in this nonanchorage area at any time.

(1596) (ii) Dragging, seining, fishing, or other activities which may foul underwater installations within this non-anchorage area are prohibited.

(1597) (iii) Vessels may transit this nonanchorage area, but must proceed by the most direct route and without unnecessary delay.

(1598) Note to paragraph (a)(14): The city of Port Angeles will mark this area with signs on the shoreline visible (during normal daylight) 1 mile to seaward reading, ‘‘Do not Anchor in This Area.’’

(1599) (b) Regulations. (1) No vessel shall anchor in any general anchorage described in paragraph (a) of this section without prior permission from the Captain of the Port (COTP), or his authorized representative. Vessel Traffic Service Puget Sound is designated as the COTP’s authorized representative. All vessels should seek permission at least 48 hours prior to arrival at the anchorage area in order to avoid unnecessary delays.

(1600) (i) Except for the Anacortes General Anchorages, a berth in a general anchorage, if available, may be assigned to any vessel by the Captain of the Port or his authorized representative upon application and he may grant revocable permits for the continuous use of the same berth. For the Anacortes General Anchorages, the following hierarchy will be applied for assignment of a berth; tankers conducting lightering operations, then loaded tankers, and then all other vessels.

(1601) (ii) Tugs and oil barges using the Cap Sante and Hat Island General Anchorages are exempt from the requirement to obtain the COTP’s permission.

(1602) (2) Except for the Anacortes General Anchorages, no vessel shall occupy any general anchorage for a period longer than 30 days unless a permit is obtained from the Captain of the Port for that purpose. There is a 10 days maximum stay at the Anacortes East and Anacortes Center general anchorages, and 6 day maximum stay at the Anacortes West general anchorage.

(1603) (3) The COTP or his authorized representative may require vessels to depart from the Anacortes General Anchorage before the expiration of the authorized or maximum stay. The COTP or his authorized representative will provide at least 24-hour notice to a vessel required to depart the Anacortes General Anchorage.

(1604) (4) No vessel in a condition such that it is likely to sink or otherwise become a menace or obstruction to the navigation or anchorage of other vessels shall occupy any general anchorage except in an emergency and then only for such period as may be permitted by the Captain of the Port.

(1605) (5) Within the Anacortes General Anchorages, lightering operations shall only be conducted in the Anacortes West and Anacortes Center anchorages.

(1606) (6) Tugs and barges using the Cap Sante and Hat Island Barge General Anchorages are required to ensure their vessels and barges do not project beyond the holding area’s boundaries. The tug must be manned, remain in attendance with the barge and maintain a communications guard with VTS on an appropriate VTS VHF radio working frequency, which is currently channel 5A.

(1607) (7) No vessel shall anchor in any general anchorage described in paragraph (a) of this section without prior permission from the Captain of the Port, or his authorized representative. No vessel shall occupy any general anchorage for a period longer than 30 days unless a permit is obtained from the Captain of the Port for that purpose. No vessel in a condition such that it is likely to sink or otherwise become a menace or obstruction to the navigation or anchorage of other vessels shall occupy a general anchorage except in an emergency and then only for such period as may be permitted by the Captain of the Port. A berth in a general anchorage, if available, may be assigned to any vessel by the Captain of the Port upon application and he may grant revocable permits for the continuous use of the same berth.

(1608) (8) Explosive anchorages are reserved for vessels carrying explosives. All vessels carrying explosives shall be within these areas when anchored.

(1609) (9) Whenever any vessel not fitted with mechanical power, anchors in an explosive anchorage, the Captain of the Port may require the attendance of a tug upon such vessel, when, in his judgment, such action is necessary.

(1610) (10) Vessels carrying explosives shall comply with the general regulations in paragraph (b)(1) of this section, when applicable.

(1611) (11) Every vessel at anchor in an explosives anchorage shall display by day a red flag at least 16 square feet in area at its mast head or at least 10 feet above the upper deck if the vessel has no mast, and by night a red light in the same position specified for the flag. These signals shall be in addition to day signals and lights required to be shown by all vessels when at anchor.

(1612) (12) Every vessel constructed of wood shall, unless there are steel bulwarks or metallic cases or cargo on board, be fitted with radar reflector screens of metal of sufficient size to permit target indication on the radar screen of commercial type radars.

(1613) (13) Fishing and navigation by pleasure and commercial craft are prohibited within the area at all times when vessels which are anchored in the area for the purpose of loading or unloading explosives display a red flag by day and a red light by night, unless special permission is granted by the Captain of the Port.

(1614) (14) No explosives handling in any explosive anchorage will be undertaken by any vessel unless personnel from the Captain of the Port are on board to supervise the handling of explosives.

(1615) (15) No vessel shall remain at anchor in any explosive anchorage unless there is on board such vessel a competent watchman or a tug in attendance.

(1616) 
 § 110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 83).
(1617) (a) The anchorage grounds–(1) Anchorage A. The waters bounded by the arc of a circle with a radius of 350 yards with the center located at 21°16'57"N., 157°53'12"W.

(1618) (2) Anchorage B. The waters bounded by a line connecting the following coordinates:

(1619) 21°17'06"N., 157°54'40"W.; to

(1620) 21°17'22"N., 157°54'40"W.; to

(1621) 21°17'22"N., 157°54'19"W., to

(1622) 21°17'06"N., 157°54'19"W., and thence to

(1623) 21°17'06"N., 157°54'40"W.

(1624) (3) Anchorage C. The waters bounded by the arc of a circle with a radius of 450 yards with the center located at 21°17'09"N., 157°54'55"W.

(1625) (4) Anchorage D. The waters bounded by the arc of a circle with a radius of 450 yards with the center located at 21°17'21"N., 157°55'20"W.

(1626) (b) The regulations. (1) Anchors must be placed inside the anchorage areas.

(1627) (2) The anchorages are general anchorages for commercial vessels. Anchorage A should be used only if Anchorages B, C, and D are full.

(1628) (3) No bunkering operations or vessel to vessel transfer of oil in bulk of any kind is permitted within Anchorage A.

(1629) (4) Nothing in this section shall be construed as relieving the owner or person in charge of any vessel from complying with the rules of navigation and with safe navigation practice.

(1630) (c) Before entering into the anchorage grounds in this section you must first obtain permission from the Captain of the Port Honolulu.

(1631) 
 § 110.236 Pacific Ocean Off Barbers Point, Island of Oahu, Hawaii: Offshore pipeline terminal anchorages.
(1632) (a) The anchorage ground–(1) Anchorage A. The waters within an area described as follows: A circle of 1,000 feet radius centered at 21°17'43.6"N., 158°07'36.1"W. (Datum NAD 83)

(1633) (2) Nonanchorage area A. The waters extending 300 feet on either side of a line bearing 059° from anchorage A to the shoreline at 21°18'10.6"N., 158°06'47.1"W. (Datum NAD 83)

(1634) (3) Anchorage B. The waters enclosed by a line beginning at

(1635) 21°16'20.1"N., 158°04'59.1"W.; thence to

(1636) 21°15'52.5"N., 158°05'07.0"W.; thence to

(1637) 21°15'59.7"N., 158°05'35.9"W.; thence to

(1638) 21°16'27.4"N., 158°05'28.0"W.; thence to the point of beginning. (Datum NAD 83)

(1639) (4) Nonanchorage area B. The waters extending 300 feet on either side of a line bearing 334.5° from anchorage B to the shoreline at 21°17'39.1"N., 158°06'03.2"W. (Datum NAD 83)

(1640) (5) Anchorage C. The waters enclosed by a line beginning at

(1641) 21°16'46.6"N., 158°04'29.1"W.; thence to

(1642) 21°16'46.6"N., 158°04'02.1"W.; thence to

(1643) 21°16'32.6"N., 158°04'02.1"W.; thence to

(1644) 21°16'32.6"N., 158°04'29.1"W.; thence to the point of beginning. (Datum NAD 83)

(1645) (6) Nonanchorage area C. The waters extending 300 feet on either side of a line bearing 306° from anchorage C to the shoreline at 21°17'42.6"N., 158°05'57.9"W. (Datum NAD 83)

(1646) (7) Anchorage D. The waters enclosed by a line beginning at

(1647) 21°17'48.6"N., 158°07'10.1"W.; thence to

(1648) 21°17'44.6"N., 158°07'06.1"W.; thence to

(1649) 21°17'37.6"N., 158°07'14.1"W.; thence to

(1650) 21°17'41.6"N., 158°07'18.1"W.; thence to the point of beginning. (Datum NAD 83)

(1651) (b) The regulations.–(1) No vessels may anchor, moor, or navigate in anchorages A, B, C, or D except–

(1652) (i) Vessels using the anchorages and their related pipelines for loading or unloading;

(1653) (ii) Commercial tugs, lighters, barges, launches, or other vessels engaged in servicing the anchorage facilities or vessels using them.

(1654) (iii) Public vessels of the United States.

(1655) (2) When vessels are conducting loading or unloading operations as indicated by the display of a red flag (international code flag B) at the masthead, passing vessels of over 100 gross tons shall not approach within 1,000 yards at a speed in excess of 6 knots.

(1656) (3) The owner of any vessel wanting to use an anchorage ground and use of the related pipeline facilities shall notify the captain of the port, Honolulu, Hawaii, and the Commanding Officer, U.S. Naval Air Station, Barbers Point, Hawaii, at least 24 hours in advance of desired occupancy of the anchorage ground by the vessel. Such notification must include the maximum height above the waterline of the uppermost portion of the vessel’s mast and a description of the masts’ lighting including height of the highest anchor light and any aircraft warning lights to be displayed by the vessel at night.

(1657) (4) When, in the opinion of the Captain of the Port, or his authorized representative, oil transfer operations within these anchorages could jeopardize the safety of vessels or facilities in the area, or cause an undue risk of oil pollution, such oil transfer operations shall be immediately terminated until such time as the cognizant Coast Guard officer determines that the danger has subsided.

(1658) (5) Nonanchorage areas A, B, and C are established for the protection of submerged pipelines. Except for vessels servicing pipeline facilities, no anchoring, dragging, seining or other potential pipeline fouling activities are permitted within these areas.

(1659) (6) Nothing in this section shall be construed as relieving the owner or person in charge of any vessel from complying with the rules of the road and safe navigation practice.

(1660) (7) The regulations of this section are enforced by the captain of the port or his duly authorized representative.

(1661) 
 § 110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
(1662) (a) The anchorage grounds. All the waters within a circle having a radius of 300 yards centered at 21°56'50.7"N., 159°41'22.9"W. (Datum NAD 83).

(1663) (b) The regulation. Except in an emergency, no vessel except a Naval vessel may anchor or moor in this anchorage without permission of the Captain of the Port, Honolulu, HI.

(1664) 
 § 110.238 Apra Harbor, Guam.
(1665) (a) The anchorage grounds (Datum WGS 84). (1) General Anchorage. The waters bounded by a line connecting the following points:

(1666) 13°27'32.0"N., 144°39'36.8"E.

(1667) 13°27'21.0"N., 144°39'22.8"E.

(1668) 13°27'12.5"N., 144°37'25.4"E.

(1669) and thence along the shoreline to

(1670) 13°27'45.5"N., 144°39'34.8"E.

(1671) and thence to the point of beginning.

(1672) (2) Explosives Anchorage 701. The water in Naval Anchorage A bounded by the arc of a circle with a radius of 350 yards and located at 13°26'54.0"N., 144°37'53.5"E.

(1673) (3) Naval Explosives Anchorage 702. The waters in the General Anchorage bounded by the arc of a circle with a radius of 350 yards and with the center located at 13°27'29.9"N., 144°38'13.0"E.

(1674) (4) Naval Anchorage A. The waters bounded by a line connecting the following points:

(1675) 13°26'47.3"N., 144°37'42.6"E.

(1676) 13°27'02.0"N., 144°37'42.6"E.

(1677) 13°27'10.6"N., 144°39'00.8"E.

(1678) 13°26'59.6"N., 144°39'00.8"E.

(1679) 13°26'59.6"N., 144°39'08.6"E.

(1680) 13°26'54.3"N., 144°39'08.6"E.

(1681) 13°26'54.3"N., 144°39'24.2"E.

(1682) 13°26'42.2"N., 144°39'24.2"E.

(1683) 13°26'40.4"N., 144°38'01.8"E.

(1684) and thence to the point of beginning.

(1685) (5) Naval Anchorage B. The waters bounded by a line connecting the following points:

(1686) 13°26'43.7"N., 144°39'53.3"E.

(1687) 13°26'53.6"N., 144°40'03.8"E.

(1688) 13°26'51.0"N., 144°40'06.0"E.

(1689) 13°26'41.0"N., 144°39'56.0"E.

(1690) and thence along the shoreline to the point of beginning.

(1691) (b) The regulations–(1) General Anchorage. Any vessel may anchor in the General Anchorage except vessels carrying more than 25 tons of high explosives.

(1692) (2) Explosives Anchorage 701. Vessels carrying more than 25 tons of high explosives must use Anchorage 701, unless otherwise directed by the Captain of the Port.

(1693) (3) Explosives Anchorage 702. Except Naval vessels using the anchorage as directed by local Naval authorities, no vessel may anchor so that any part of the hull or rigging, or the anchor tackle may extend into Anchorage 702 at any time.

(1694) (4) Naval Anchorages A and B. (i) Except as provided in paragraph (b)(3)(ii) of this section, non-naval vessels may not anchor within these anchorages or use the mooring buoys therein without permission of the local Naval authorities obtained through the Captain of the Port. (There is a user charge for the use of these mooring buoys.)

(1695) (ii) Small craft that are continuously manned and capable of getting underway may anchor within these anchorages during daylight hours without prior approval of the Captain of the Port.

(1696) (5) General regulations. (i) Vessels may use the Naval mooring buoys in the General Anchorage without charge for a period up to 72 hours if authorized by the Captain of the Port. Vessels so moored shall promptly move at their own expense upon notification from the Captain of the Port.

(1697) (ii) Except for vessels not more than 65 feet in length, all vessels shall anchor in an anchorage ground.

(1698) (iii) Vessels anchored in an anchorage ground shall place their anchors within the anchorage ground so that no portion of the hull or rigging at any time extends outside the anchorage ground.

(1699) (iv) No vessel may anchor in the harbor for more than 30 consecutive days without permission of the Captain of the Port.

(1700) 
 § 110.239 Island of Tinian, CNMI.
(1701) (a) The anchorage grounds (based on 1944 Saipan Datum):

(1702) (1) Explosives Anchorage A. A circular area intersecting the shoreline having a radius of 1,900 yards centered at 14°58'57.0"N., 145°35'40.8"E.

(1703) (2) Explosives Anchorage B. A circular area intersecting the shoreline having radius of 1,900 yards centered at 14°58'15.9"N., 145°35'54.8"E.

(1704) (b) The regulations: Explosives Anchorages A and B; with the exception of explosives laden naval vessels at explosives anchorage A and B, no vessel may anchor within these areas without permission of the Captain of the Port. No vessel of more than 500 gross tons displacement may enter these areas except for the purpose of anchoring in accordance with this section.

(1705) 
 Part 117 – Drawbridge Operation Regulations

(1706) 
 Subpart A – General Requirements

(1707) 
 § 117.1 Purpose.
(1708) (a) This part prescribes the general and special drawbridge operating regulations that apply to the drawbridges across the navigable waters of the United States and its territories. The authority to regulate drawbridges across the navigable waters of the United States is vested in the Secretary of Homeland Security.

(1709) (b) Subpart A contains the general operation requirements that apply to all drawbridges.

(1710) (c) Subpart B contains specific requirements for operation of individual drawbridges. These requirements are in addition to or vary from the general requirements in Subpart A. Specific sections in subpart B that vary from a general requirement in Subpart A supersede the general requirement. All other general requirements in Subpart A, that are not at variance, apply to the drawbridges and removable span bridges listed in Subpart B.

(1711) 
 § 117.4 Definitions.
(1712) The following definitions apply to this part:

(1713) Appurtenance means an attachment or accessory extending beyond the hull or superstructure that is not an integral part of the vessel and is not needed for a vessel's piloting, propelling, controlling, or collision avoidance capabilities.

(1714) Automated drawbridge means a drawbridge that is operated by an automated mechanism, not a drawtender. An automated drawbridge is normally kept in the open to navigation position and closes when the mechanism is activated.

(1715) Deviation means a District Commander's action authorizing a drawbridge owner to temporarily not comply with the drawbridge opening requirements in this part.

(1716) Drawbridge means a bridge with an operational span that is intended to be opened for the passage of waterway traffic.

(1717) Drawspan means the operational span of a drawbridge.

(1718) Lowerable means a non-structural vessel appurtenance that is or can be made flexible, hinged, collapsible, or telescopic so that it can be mechanically or manually lowered.

(1719) Nonstructural means that the item is not rigidly fixed to the vessel and can be relocated or altered.

(1720) Not essential to navigation means that a nonstructural vessel appurtenance, when in the lowered position, would not adversely affect the vessel's piloting, propulsion, control, or collision-avoidance capabilities.

(1721) Public vessel means a vessel that is owned and operated by the United States Government and is not engaged in commercial service, as defined in 46 U.S.C. 2101.

(1722) Remotely operated drawbridge means a drawbridge that is operated by remote control from a location away from the drawbridge.

(1723) Removable span bridge means a bridge that requires the complete removal of a span by means other than machinery installed on the bridge to open the bridge to navigation.

(1724) Untended means that there is no drawtender at the drawbridge.

(1725) 
 § 117.5 When the drawbridge must open.
(1726) Except as otherwise authorized or required by this part, drawbridges must open promptly and fully for the passage of vessels when a request or signal to open is given in accordance with this subpart.

(1727) 
 § 117.7 General requirements of drawbridge owners.
(1728) Except for drawbridges that have been authorized, before January 3, 2007, to remain closed to navigation or as otherwise specified in subpart B, drawbridge owners must:

(1729) (a) Provide the necessary drawtender(s) for the safe and prompt opening of the drawbridge.

(1730) (b) Maintain the working machinery of the drawbridge in good operating condition.

(1731) (c) Cycle the drawspan(s) periodically to ensure operation of the drawbridge.

(1732) (d) Ensure that the drawbridge operates in accordance with the requirements of this part.

(1733) (e) Any drawbridge allowed to remain closed to navigation prior to January 3, 2007, when necessary, must be returned to operable condition within the designated time set forth by the District Commander and will become subject to the requirements of this part.

(1734) 
 § 117.8 Permanent changes to drawbridge operation.
(1735) (a) Anyone may submit a written request to the District Commander for a permanent change to a drawbridge operating requirement. The request must include documentation supporting or justifying the requested change.

(1736) (b) If after evaluating the request, the District Commander determines that the requested change is not needed, he or she will respond to the request in writing and provide the reasons for denial of the requested change.

(1737) (c) If the District Commander decides that a change may be needed, he or she will begin a rulemaking to implement the change.

(1738) 
 § 117.9 Delaying opening of a draw.
(1739) No person shall unreasonably delay the opening of a draw after the signals required by §117.15 have been given.

(1740) NOTE: Trains are usually controlled by the block method. That is, the track is divided into blocks or segments of a mile or more in length. When a train is in a block with a drawbridge, the draw may not be able to open until the train has passed out of the block and the yardmaster or other manager has “unlocked” the drawbridge controls. The maximum time permitted for delay is defined in Subpart B for each affected bridge. Land and water traffic should pass over or through the draw as soon as possible in order to prevent unnecessary delays in the opening and closure of the draw.

(1741) 
 § 117.11 Unnecessary opening of the draw.
(1742) No vessel owner or operator shall –

(1743) (a) Signal a drawbridge to open if the vertical clearance is sufficient to allow the vessel, after all lowerable nonstructural vessel appurtenances that are not essential to navigation have been lowered, to safely pass under the drawbridge in the closed position; or

(1744) (b) Signal a drawbridge to open for any purpose other than to pass through the drawbridge opening.

(1745) 
 § 117.15 Signals.
(1746) (a) General. (1) The operator of each vessel requesting a drawbridge to open shall signal the drawtender and the drawtender shall acknowledge that signal. The signal shall be repeated until acknowledged in some manner by the drawtender before proceeding.

(1747) (2) The signals used to request the opening of the draw and to acknowledge that request shall be sound signals, visual signals, or radiotelephone communications described in this subpart.

(1748) (3) Any of the means of signaling described in this subpart sufficient to alert the party being signaled may be used.

(1749) (b) Sound signals. (1) Sound signals shall be made by whistle, horn, megaphone, hailer, or other device capable of producing the described signals loud enough to be heard by the drawtender.

(1750) (2) As used in this section, “prolonged blast” means a blast of four to six seconds duration and “short blast” means a blast of approximately one second duration.

(1751) (3) The sound signal to request the opening of a draw is one prolonged blast followed by one short blast sounded not more than three seconds after the prolonged blast. For vessels authorized to be passed through a draw during a scheduled closure period, the sound signal to request the opening of the draw during that period is five short blasts sounded in rapid succession.

(1752) (4) When the draw can be opened immediately, the sound signal to acknowledge a request to open the draw is one prolonged blast followed by one short blast sounded not more than 30 seconds after the requesting signal.

(1753) (5) When the draw cannot be opened immediately, or is open and shall be closed promptly, the sound signal to acknowledge a request to open the draw is five short blasts sounded in rapid succession not more than 30 seconds after the vessel’s opening signal. The signal shall be repeated until acknowledged in some manner by the requesting vessel.

(1754) (c) Visual signals. (1) The visual signal to request the opening of a draw is–

(1755) (i) A white flag raised and lowered vertically; or

(1756) (ii) A white, amber, or green light raised and lowered vertically.

(1757) (2) When the draw can be opened immediately, the visual signal to acknowledge a request to open the draw, given not more than 30 seconds after the vessel’s opening signal, is–

(1758) (i) A white flag raised and lowered vertically;

(1759) (ii) A white, amber, or green light raised and lowered vertically, or

(1760) (iii) A fixed or flashing white, amber, or green light or lights.

(1761) (3) When the draw cannot be opened immediately, or is open and must be closed promptly, the visual signal to acknowledge a request to open the draw is–

(1762) (i) A red flag or red light swung back and forth horizontally in full sight of the vessel given not more than 30 seconds after the vessel’s opening signal; or

(1763) (ii) A fixed or flashing red light or lights given not more than 30 seconds after the vessel’s opening signal.

(1764) (4) The acknowledging signal when the draw cannot open immediately or is open and must be closed promptly shall be repeated until acknowledged in some manner by the requesting vessel.

(1765) (d) Radiotelephone communications. (1) Radiotelephones may be used to communicate the same information provided by sound and visual signals.

(1766) (2) The vessel and the drawtender shall monitor the frequency used until the vessel has cleared the draw.

(1767) (3) When radiotelephone contact cannot be initiated or maintained, sound or visual signals under this section shall be used.

(1768) 
 § 117.17 Signaling for contiguous drawbridges.
(1769) When a vessel must pass two or more drawbridges close together, the opening signal is given for the first bridge. After acknowledgment from the first bridge that it will promptly open, the opening signal is given for the second bridge, and so on until all bridges that the vessel must pass have been given the opening signal and have acknowledged that they will open promptly.

(1770) 
 § 117.19 Signaling when two or more vessels are approaching a drawbridge.
(1771) When two or more vessels are approaching the same drawbridge at the same time, or nearly the same time, whether from the same or opposite directions, each vessel shall signal independently for the opening of the draw and the drawtender shall reply in turn to the signal of each vessel. The drawtender need not reply to signals by vessels accumulated at the bridge for passage during a scheduled open period.

(1772) 
 § 117.21 Signaling for an opened drawbridge.
(1773) When a vessel approaches a drawbridge with the draw in the open position, the vessel shall give the opening signal. If no acknowledgment is received within 30 seconds, the vessel may proceed, with caution, through the open draw.

(1774) 
 § 117.23 Installation of radiotelephones.
(1775) (a) When the District Commander deems it necessary for reasons of safety of navigation, the District Commander may require the installation and operation of a radiotelephone on or near a drawbridge.

(1776) (b) The District Commander gives written notice of the proposed requirement to the bridge owner.

(1777) (c) All comments the owner wishes to submit shall be submitted to the District Commander within 30 days of receipt of the notice under Paragraph (b) of this section.

(1778) (d) If, upon consideration of the comments received, the District Commander determines that a radiotelephone is necessary, the District Commander notifies the bridge owner that a radiotelephone shall be installed and gives a reasonable time, not to exceed six months, to install the radiotelephone and commence operation.

(1779) 
 § 117.24 Radiotelephone installation identification.
(1780) (a) The Coast Guard authorizes, and the District Commander may require the installation of a sign on drawbridges, on the upstream and downstream sides, indicating that the bridge is equipped with and operates a VHF radiotelephone in accordance with §117.23.

(1781) (b) The sign shall give notice of the radiotelephone and its calling and working channels–

(1782) (1) In plain language; or

(1783) (2) By a sign consisting of the outline of a telephone handset with the long axis placed horizontally and a vertical three-legged lightning slash superimposed over the handset. The slash shall be as long vertically as the handset is wide horizontally and normally not less than 27 inches and no more than 36 inches long. The preferred calling channel should be shown in the lower left quadrant and the preferred working channel should be shown in the lower right quadrant.

(1784) 
 § 117.31 Drawbridge operations for emergency vehicles and emergency vessels.
(1785) (a) Upon receiving notification that an emergency vehicle is responding to an emergency situation, a drawtender must make all reasonable efforts to have the drawspan closed at the time the emergency vehicle arrives.

(1786) (b) When a drawtender receives notice, or a proper signal as provided in §117.15 of this part, the drawtender shall take all reasonable measures to have the draw opened, regardless of the operating schedule of the draw, for passage of the following, provided this opening does not conflict with local emergency management procedures which have been approved by the cognizant Coast Guard Captain of the Port:

(1787) (1) Federal, State, and local government vessels used for public safety;

(1788) (2) vessels in distress where a delay would endanger life or property;

(1789) (3) commercial vessels engaged in rescue or emergency salvage operations; and

(1790) (4) vessels seeking shelter from severe weather.

(1791) 
 § 117.33 Closure of draw for natural disasters or civil disorders.
(1792) Drawbridges need not open for the passage of vessels during periods of natural disasters or civil disorders declared by the appropriate authorities unless otherwise provided for in Subpart B or directed to do so by the District Commander.

(1793) 
 § 117.35 Temporary change to a drawbridge operating schedule.
(1794) (a) For any temporary change to the operating schedule of a drawbridge, lasting less than or equal to 180 days, the District Commander may issue a deviation approval letter to the bridge owner and publish a “Notice of temporary deviation from regulations” in the Federal Register.

(1795) (b) If the time period for a temporary change to the operating schedule of a drawbridge will be greater then 180 days, the District Commander will follow appropriate rulemaking procedures and publish a temporary rule in the Federal Register prior to the start of the action.

(1796) (c) Request for change. (1) To temporarily change the drawbridge-operating requirements the bridge owner must submit a written request to the District Commander for approval of the change.

(1797) (2) The request must describe the reason for the deviation and the dates and times scheduled for the start and end of the change.

(1798) (3) Requests should be submitted as early as possible, preferably 90 days before the start of the action. District Commanders have discretion to accept requests submitted less than 90 days before a needed change if those requests can be processed before the date of the needed change.

(1799) (d) Determination. The District Commander's determination to allow the schedule change is normally forwarded to the bridge owner within ten working days after receipt of the request. If the request is denied, the reasons for the denial will be set out in the District Commander's decision letter.

(1800) (e) The drawbridge must return to its regular operating schedule immediately at the end of the designated time period.

(1801) (f) If the authorized deviation period for an event is broken into separate time periods on the same day or on consecutive days, the drawbridge must provide openings for navigation between authorized schedule changes.

(1802) (g) The District Commander will also announce the change to the operating schedule in the Local Notice to Mariners and other appropriate local media.

(1803) 
 § 117.36 Closure of drawbridge for emergency repair.
(1804) (a) When a drawbridge unexpectedly becomes inoperable, or should be immediately rendered inoperable because of mechanical failure or structural defect, the drawbridge owner must notify the District Commander of the closure without delay and give the reason for the emergency closure of the drawbridge and an estimated time when the drawbridge will be returned to operating condition.

(1805) (b) The District Commander will notify mariners about the drawbridge status through Broadcast Notices to Mariners, Local Notice to Mariners and any other appropriate local media.

(1806) (c) Repair work under this section must be performed with all due speed in order to return the drawbridge to operation as soon as possible.

(1807) 
 § 117.39 Authorized closure of drawbridge due to infrequent requests for openings.
(1808) (a) When there have been no requests for drawbridge openings for at least two years, a bridge owner may request in writing that the District Commander authorize the drawbridge to remain closed to navigation and to be untended.

(1809) (b) The District Commander may:

(1810) (1) Authorize the closure of the drawbridge;

(1811) (2) Set out any conditions in addition to the requirement in paragraph (d): and

(1812) (3) Revoke an authorization and order the drawbridge returned to operation when necessary.

(1813) (c) All drawbridges authorized to remain closed to navigation, under this section, must be maintained in operable condition.

(1814) (d) Authorization under this section does not:

(1815) (1) Authorize physical changes to the drawbridge structure, or

(1816) (2) Authorize removal of the operating machinery.

(1817) (e) Drawbridges authorized under this section to remain closed to navigation and to be untended are identified in subpart B of this part.

(1818) 
 § 117.40 Advance notice for drawbridge opening.
(1819) (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an advance notice for opening. The drawbridge tender, after receiving the advance notice, must open the drawbridge at the requested time and allow for a reasonable delay in arrival of the vessel giving the advance notice.

(1820) (b) If the request is approved, a description of the advanced notice for the drawbridge will be added to subpart B of this part.

(1821) 
 § 117.41 Maintaining drawbridges in the fully open position.
(1822) (a) Drawbridges permanently maintained in the fully open to navigation position may discontinue drawtender service as long as the drawbridge remains fully open to navigation. The drawbridge must remain in the fully open position until drawtender service is restored.

(1823) (b) If a drawbridge is normally maintained in the fully open to navigation position, but closes to navigation for the passage of pedestrian, vehicular, rail, or other traffic, the drawbridge must be tended unless:

(1824) (1) Special operating requirements are established in subpart B of this part for that drawbridge; or

(1825) (2) The drawbridge is remotely operated or automated.

(1826) 
 § 117.42 Remotely operated and automated drawbridges.
(1827) (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an automated system or from a remote location.

(1828) (b) If the request is approved, a description of the full operation of the remotely operated or automated drawbridge will be added to subpart B of this part.

(1829) 
 § 117.47 Clearance gauges.
(1830) (a) Clearance gauges are required for drawbridges across navigable waters of the United States discharging into the Atlantic Ocean south of Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the Gulf of Mexico (including coastal waterways contiguous thereto and tributaries to such waterways and the Lower Atchafalaya River, LA), except the Mississippi River and its tributaries and outlets.

(1831) (b) Except for provisions in this part which specify otherwise for particular drawbridges, clearance gauges shall be designed, installed, and maintained according to the provisions of 33 CFR 118.160 (not carried in this Coast Pilot).

(1832) NOTE: Clearance gauge requirements, if any, for drawbridges other than those referred to in this section are listed in Subpart B under the appropriate bridge.

(1833) 
 § 117.49 Process of violations.
(1834) (a) Complaints of alleged violations under this part are submitted to the District Commander of the Coast Guard District in which the drawbridge is located.

(1835) (b) Penalties for violations under this part are assessed and collected under Subpart 1.07 of Part 1 of this chapter (not published in this Coast Pilot; see 33 CFR 1.07).

(1836) 
 Subpart B – Specific Requirements

(1837) 
 § 117.51 General.
(1838) The drawbridges in this subpart are listed by the state in which they are located and by the waterway they cross. Waterways are arranged alphabetically by state. The drawbridges listed under a waterway are generally arranged in order from the mouth of the waterway moving upstream. The drawbridges on the Atlantic Intracoastal Waterway are listed from north to south and on the Gulf Intracoastal Waterway from east to west.

(1839) 
 § 117.55 Posting of requirements.
(1840) (a) The owner of each drawbridge under this subpart, other than removable span bridges, must ensure that a sign summarizing the requirements in this subpart applicable to the drawbridge is posted both upstream and downstream of the drawbridge. The requirements to be posted need not include those in Subpart A or §§117.51 through 117.59 of this part.

(1841) (b) The signs shall be of sufficient size and so located as to be easily read at any time from an approaching vessel.

(1842) (c) If advance notice is required to open the draw, the signs shall also state the name, address, and telephone number of the person to be notified.

(1843) 
 § 117.59 Special requirements due to hazards.
(1844) For the duration of occurrences hazardous to safety or navigation, such as floods, freshets, and damage to the bridge or fender system, the District Commander may require the owner of an operational drawbridge listed in this subpart to have the bridge attended full time and open on signal.

(1845) 
 California
(1846) 
 § 117.140 General.
(1847) In California, when fog prevails by day or night, the drawtender, after sounding the opening signal, shall toll a bell continuously during the approach and passage of a vessel.

(1848) 
 § 117.143 Bishop Cut.
(1849) The draw of the San Joaquin County (Eight Mile Road) Highway Bridge, mile 1.0 between King Island and Bishop Tract, must open on signal if at least 12 hours notice is given to the San Joaquin County Department of Public Works at Stockton.

(1850) 
 § 117.147 Cerritos Channel.
(1851) <Deleted Paragraph>

(1852) The draw of the Henry Ford Avenue railroad bridge, mile 4.8 at Long Beach, shall be maintained in the fully open position except when a train is crossing or for maintenance. If the draw is in the closed position, the opening signal is two short blasts followed by one prolonged blast. The acknowledging signal is two prolonged blasts followed by one short blast when the draw will open immediately and five short blasts when the draw will not open immediately. Channel 13 (156.65 MHz) or other assigned frequencies may be used.

(1853) 
 § 117.149 China Basin, Mission Creek.
(1854) The draws of the 3rd Street bridge, mile 0.0, and the 4th Street bridge, mile 0.2, both at San Francisco, shall open on signal if at least one hour notice is given.

(1855) 
 § 117.150 Connection Slough.
(1856) The draw of the Reclamation District No. 2027 bridge between Mandeville and Bacon Islands, mile 2.5 near Stockton, from May 15 through September 15, shall open on signal between the hours of 9 a.m. and 5 p.m., and it shall open upon 12 hours advance notice between the hours of 5 p.m. and 9 a.m.; and from September 16 through May 14 the draw shall open upon 12 hours advance notice between the hours of 9 a.m. and 5 p.m., and it shall open upon 24 hours advance notice between the hours of 5 p.m. and 9 a.m. Advance notice shall be given to the drawbridge operator by telephone at (209) 464–2959 or (209) 464–7928 weekdays between 8 a.m. and 5 p.m., and (209) 993-8878 all other times.

(1857) 
 § 117.151 Cordelia Slough (a tributary of Suisun Bay).
(1858) The draw of the Union Pacific railroad bridge, mile 1.5 at Suisun, shall open on signal if at least 24 hours notice is given.

(1859) 
 § 117.153 Corte Madera Creek.
(1860) The draw of the Golden Gate Bridge, Highway and Transportation District bridge, mile 0.5 near Greenbrae, shall be maintained in the fully open position, except for the crossing of trains or for maintenance.

(1861) 
 § 117.157 Georgiana Slough.
(1862) The draws of the Sacramento County highway bridges, mile 4.5 near Isleton, and mile 12.4 near Walnut Grove, shall open on signal from 6 a.m. to 10 p.m. from May 1 through October 31. The draws shall open on signal from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, the draws of these bridges shall open on signal if at least four hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1863) 
 § 117.159 Grant Line Canal.
(1864) The draw of the San Joaquin County highway bridge, mile 5.5 at Tracy, shall open on signal if at least 12 hours notice is given to the San Joaquin County Department of Public Works at Stockton.

(1865) 
 § 117.161 Honker Cut.
(1866) The draw of the San Joaquin County (Eightmile Road) bridge, mile 0.3 between Empire Tract and King Island at Stockton, shall open on signal if at least 12 hours notice is given to the San Joaquin County Department of Public Works at Stockton.

(1867) 
 § 117.163 Islais Creek (Channel).
(1868) (a) The draw of the Illinois Street drawbridge, mile 0.3 at San Francisco, shall open on signal if least 72 hours advance notice is given to the Port of San Francisco.

(1869) (b) The draw of the 3rd Street drawbridge, mile 0.4 at San Francisco, shall open on signal if at least 72 hours advance notice is given to the San Francisco Department of Public Works.

(1870) 
 § 117.165 Lindsey Slough.
(1871) The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 between Egbert and Lower Hastings Tracts, must be removed for the passage of vessels if at least 72 hours notice is given to the Hastings Island Land Company office at Rio Vista.

(1872) 
 § 117.167 Little Potato Slough.
(1873) The draw of the California Department of Transportation highway bridge, mile 0.1 at Terminus, shall open on signal if at least 4 hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1874) 
 § 117.169 Mare Island Strait and the Napa River.
(1875) (a) The draw of the Mare Island Drawbridge, mile 2.8, at Vallejo shall open on signal between the hours of 9 a.m. and 7 p.m. daily, and upon two hours advance notice all other times. When the drawbridge operator is present, mariners may contact the drawbridge via marine radio or telephone at 707–648–4313 for drawspan operation. When the drawbridge operator is not present, mariners may contact the City of Vallejo via the same telephone number to schedule drawspan operation.

(1876) (b) The draw of the Northwestern Pacific railroad bridge, mile 10.6 at Brazos, shall be maintained in the fully open position, except for the crossing of trains or for maintenance. When the draw is closed and visibility at the drawtender’s station is less than one mile, up or down the channel, the drawtender shall sound two prolonged blasts every minute. When the draw is opened, the drawtender shall sound three short blasts.

(1877) 
 § 117.171 Middle River.
(1878) (a) The draw of the San Joaquin County (Bacon Island Road) highway bridge, mile 8.6 between Bacon Island and Lower Jones Tract, shall open on signal from May 15 through September 15 from 9 a.m. to 5 p.m. From September 16 through May 14, the draw shall open on signal from 9 a.m. to 5 p.m. from Thursday through Monday. At all other times, the draw shall open on signal if at least 12 hours notice is given to the San Joaquin County Department of Public Works at Stockton.

(1879) (b) The draw of the Burlington Northern Santa Fe railroad bridge, mile 9.8 near Middle River Station, shall open on signal if at least 12 hours notice is given to the Atchison, Topeka and Santa Fe Railway Manager of Structures at San Bernardino.

(1880) (c) The California Route 4 Bridge, mile 15.1, between Victoria Island and Drexler Tract need not open for the passage of vessels.

(1881) 
 § 117.173 Miner Slough.
(1882) The draw of the California Department of Transportation highway bridge, mile 5.5 between the northerly end of Ryer Island and Holland Tract, shall open on signal if at least 12 hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1883) 
 § 117.175 Mokelumne River.
(1884) (a) The draw of the California Department of Transportation highway bridge, the Mokelumne River Bridge, mile 3.0, at East Isleton shall open upon signal as follows:

(1885) (1) From November 1 through April 30 from 9 a.m. to 5 p.m.

(1886) (2) From May 1 through October 31 from 6 a.m. to 10 p.m., except that during the following periods the draw need only open for recreational vessels on the hour, 20 minutes past the hour, and 40 minutes past the hour:

(1887) Saturdays 10 a.m. until 2 p.m.

(1888) Sundays 11 a.m. until 6 p.m.

(1889) Memorial Day; 4th of July and

(1890) Labor Day 11 a.m. until 6 p.m.

(1891) (3) At all other times the draw shall open on signal if at least 4 hours notice is given to the drawtender at Rio Vista bridge over the Sacramento River, mile 12.8.

(1892) (4) Emergency vessels of the United States, state or commercial vessels engaged in rescue or emergency salvage operations, and vessels in distress shall be passed as soon as possible but no later than one hour after notice is given.

(1893) (b) The draw of the Sacramento and San Joaquin Counties (Millers Ferry) highway bridge, mile 12.1 over the North Fork of the Mokelumne River near Walnut Grove, shall open on signal from May 1 through October 31 from 9 a.m. to 5 p.m. At all other times, the draw shall open on signal if at least 12 hours notice is given to the San Joaquin County Department of Public Works at Stockton.

(1894) (c) The removable span of the San Joaquin County highway bridge over the South Fork of the Mokelumne River, mile 18.0 at New Hope Landing, shall be removed as soon as possible upon notification by the District Commander that an emergency exists which requires the removal.

(1895) (d) The draws of the bridges above New Hope Landing need not be opened for the passage of vessels.

(1896) 
 § 117.177 Mud Slough.
(1897) The draw of the Union Pacific railroad bridge, mile 0.7 near Alviso, shall open on signal if at least 24 hours notice is given.

(1898) 
 § 117.179 Newark Slough.
(1899) The draw of the San Mateo County Transportation Department railroad bridge, mile 0.5 near Newark, shall open on signal if at least 24 hours notice is given to the San Mateo Transportation Department, at San Carlos.

(1900) 
 § 117.181 Oakland Inner Harbor Tidal Canal.
(1901) The draws of the Alameda County highway drawbridges at Park Street, mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile 6.0; and the U.S. Army Corps of Engineers railroad drawbridge, mile 5.6 at Fruitvale Avenue, shall open on signal; except that, from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through Friday except Federal holidays, the draws need not be opened for the passage of vessels. However, the draws shall open during the above closed periods for vessels which must, for reasons of safety, move on a tide or slack water, if at least two hours notice is given.

(1902) 
 § 117.183 Old River.
(1903) The draw of the California Department of Transportation (Route 4) highway bridge, mile 14.8 between Victoria Island and Byron Tract, shall open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, the draw shall open on signal if at least four hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1904) 
 § 117.185 Pacheco Creek.
(1905) The draw of the Contra Costa County highway bridge, mile 1.0, and Union Pacific railroad bridge, mile 1.1, both near Martinez, shall open on signal if at least 24 hours notice is given.

(1906) 
 § 117.187 Petaluma River.
(1907) (a) The draws of the Northwestern Pacific railroad bridges, mile 0.8 at Blackpoint and mile 12.4 at Haystack Landing, shall be maintained in the fully open position, except for the crossing of trains or for maintenance. When the draw is closed and visibility from the drawtender’s station is less than one mile up or down the channel, the drawtender shall sound two long blasts every minute. When the draw is reopened, the drawtender shall sound three short blasts.

(1908) (b) The draw of the Petaluma highway bridge at “D” Street, mile 13.7 at Petaluma, shall open on signal if at least four hours notice is given for openings from 6 a.m. to 6 p.m., and if at least 24 hours notice is given for openings from 6 p.m. to 6 a.m.

(1909) 
 § 117.189 Sacramento River.
(1910) (a) The draws of each bridge from Isleton to the American River junction except for the Sacramento County highway bridge across the Sacramento River, mile 46.0 at Freeport, shall open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open on signal if at least four hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1911) (b) The draw of the Sacramento County highway bridge, mile 46.0 at Freeport, shall open on signal from May 1 through September 30 from 9 a.m. to 5 p.m. At all other times, the draw shall open on signal if at least four hours notice is given to the drawtender at the Rio Vista Bridge across the Sacramento River, mile 12.8.

(1912) (c) The draws of the California Department of Transportation bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian, shall open on signal if at least 12 hours notice is given to the California Department of Transportation at Marysville.

(1913) (d) The draws of the bridges above Meridian need not be opened for the passage of vessels.

(1914) 
 § 117.191 San Joaquin River.
(1915) (a) The draw of the Port of Stockton railroad bridge, mile 39.7 at Stockton, shall open on signal if at least 12 hours notice is given to the Port Director.

(1916) (b) The draws of the U.S. Navy drawbridge, mile 39.8, Burlington Northern Santa Fe railroad bridge, mile 40.6, and California Highway 4 bridge (Garwood Bridge), mile 41.6, need not be opened for the passage of vessels. The owners or agencies controlling the bridges shall restore the draws to full operation within six months of notification to take such action from the District Commander.

(1917) (c) Drawbridges above the Old River junction need not open for the passage of vessels.

(1918) 
 § 117.193 San Leandro Bay.
(1919) The drawspans of the California Department of Transportation Highway and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda and Bay Farm Island, must open on signal; except that, from 5 a.m. to 8 a.m. and 5 p.m. to 9 p.m, the drawspans must open on signal if at least 12 hours notice is given. Notice must be given to the drawtender of the Bay Farm Island drawbridges from 8 a.m. to 5 p.m. and to the drawtender of the Park Street Drawbridge at Alameda at all other times. The drawspans need not be opened for the passage of vessels from 9 p.m. to 5 a.m.

(1920) 
 § 117.195 Snodgrass Slough.
(1921) The draw of the Sacramento County bridge, mile 4.4 at Walnut Grove, shall open on signal if at least 72 hours notice is given to Sacramento County Transportation Operations and Maintenance office at Sacramento.

(1922) 
 § 117.197 Sonoma Creek.
(1923) The draw of the Northwestern Pacific railroad bridge, mile 5.4 at Wingo, shall open on signal if at least 24 hours notice is given.

(1924) 
 § 117.199 Steamboat Slough.
(1925) The draw of the California Department of Transportation highway bridge, mile 11.2 at the head of Grand Island, shall open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. At all other times, the draw shall open on signal if at least four hours notice is given to the drawtender at the Rio Vista bridge across the Sacramento River, mile 12.8.

(1926) 
 § 117.201 Sutter Slough.
(1927) The draw of the Sacramento County highway bridge, mile 6.4 near Courtland, need not be opened for the passage of vessels. However, the draw shall be returned to operable condition within six months after notification by the District Commander to do so.

(1928) 
 Idaho
(1929) 
 § 117.381 Clearwater River.
(1930) The draws of the Camas Prairie railroad bridge, mile 0.6 at Lewiston, shall open on signal if at least three hours notice is given to the Camas Prairie Railroad in Lewiston.

(1931) 
 § 117.383 Pend Oreille River.
(1932) The draw of the Burlington Northern railroad bridge, mile 111.3 near Sandpoint, need not be opened for the passage of vessels.

(1933) 
 § 117.385 Snake River.
(1934) The drawspan of the U.S. 12 bridge, mile 140.0, between Lewiston, Idaho, and Clarkston, Washington, operates as follows:

(1935) (a) The draw need not open for the passage of vessels except at these hours:

(1936) (1) From March 15 through November 15 at 6 a.m., 10 a.m., 3 p.m., 7 p.m., and 9 p.m.

(1937) (2) From November 16 through March 14 at 9 a.m., 10 a.m., 2 p.m., and 3 p.m.

(1938) (b) Requests for openings shall be given to the Washington State Department of Transportation.

(1939) (1) Monday through Thursday of every week, except holidays, the draw shall open if at least two hours notice is given.

(1940) (2) Friday through Sunday of every week, except holidays, the draw shall open if notice is given by 5 p.m. of the preceding Wednesday.

(1941) (3) The draw shall open on holidays if notice is given by 5 p.m. two workdays, excluding Friday, preceding the holiday.

(1942) (4) The draw shall open at any time for the passage of vessels engaged in an emergency.

(1943) 
 Oregon
(1944) 
 § 117.861 Blind Slough.
(1945) The draws of the Portland and Western railroad bridge, mile 1.1 at Knappa, shall open on signal if at least one hour notice is given. However, the draw shall open promptly on signal from four hours before to four hours after each day’s authorized commercial fishing period established by the Columbia River Compact (Washington State Department of Fisheries and the Fish Commission of Oregon) for the Columbia River Fishery below Bonneville Dam.

(1946) 
 § 117.865 Clatskanie River.
(1947) The draw of the Portland and Western railroad bridge, mile 0.7 at Clatskanie, shall open on signal if at least one hours notice is given. However, the draw shall open promptly on signal from four hours before to four hours after each day’s authorized commercial fishing period established by the Columbia River Compact (Washington State Department of Fisheries and the Fish Commission of Oregon) for the Columbia River Fishery below Bonneville Dam.

(1948) 
 § 117.869 Columbia River.
(1949) (a) The draws of the Interstate 5 Bridges, mile 106.5, between Portland, OR, and Vancouver, WA, shall open on signal except that the draws need not be opened for the passage of vessels from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday except federal holidays.

(1950) (b) The draw of the Port of Hood River bridge, mile 169.8 at Hood River, shall open on signal if at least 12 hours notice is given.

(1951) (c) The draw of the Burlington Northern Santa Fe railroad bridge, mile 201.2, between Celilo, Oregon, and Wishram, Washington, is automated and is normally maintained in the fully open-to-navigation position.

(1952) (1) Lights. All lights required for automated operation shall be visible to marine traffic for a distance of at least 2 miles and shall be displayed at all times, day and night.

(1953) (i) When the draw is fully open, a steady green light shall be displayed at the center of the drawspan on both upstream and downstream sides.

(1954) (ii) When the draw is not fully open, a steady red light shall be displayed at the center of the drawspan on both upstream and downstream sides.

(1955) (iii) When the draw is about to close, flashing yellow lights in the form of a down-pointing arrow shall be displayed at the center of the drawspan on both upstream and downstream sides.

(1956) (2) Operation. When a train approaches the bridge, the yellow lights shall start flashing. After an 8-minute delay, the green lights shall change to red, the drawspan shall lower and lock, and the yellow lights shall be extinguished. Red lights shall continue to be displayed until the train has crossed and the drawspan is again in the fully open position. At that time, the red lights shall change to green.

(1957) (3) Vessels equipped with radiotelephones may contact Burlington Northern Santa Fe to obtain information on the status of the bridge. Bridge status information also may be obtained by calling the commercial telephone number posted at the drawspan of the bridge.

(1958) 
 § 117.871 Coos Bay.
(1959) The draw of the Port of Coos Bay railroad bridge, mile 9.0 at North Bend, shall be maintained in the fully open position, except for the crossing of trains or maintenance.

(1960) 
 § 117.873 Coos River.
(1961) The draw of the Oregon State secondary highway bridge, mile 2.2 near Eastside, shall open on signal if at least 12 hours notice is given.

(1962) 
 § 117.875 Coquille River.
(1963) The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, need not be opened for the passage of vessels; however, the draws shall be restored to operable condition within 6 months after notification by the District Commander to do so.

(1964) 
 § 117.879 Isthmus Slough.
(1965) The draw of the Oregon State secondary highway bridge, mile 1.0 at Coos Bay, shall open on signal if at least 24 hours notice is given.

(1966) 
 § 117.881 John Day River.
(1967) The draw of the Portland and Western railroad bridge, mile 0.0 near Astoria, shall open on signal if at least one hour notice is given. However, the draw shall open promptly on signal from four hours before to four hours after each day’s authorized commercial fishing period established by the Columbia River Compact (Washington State Department of Fisheries and the Fish Commission of Oregon) for the Columbia River Fishery below Bonneville Dam.

(1968) 
 § 117.887 North Portland Harbor (Oregon Slough).
(1969) The draw of the Burlington Northern Santa Fe railroad bridge, mile 3.2 at Portland, shall open on signal if at least one half hours notice is given.

(1970) 
 § 117.889 Siuslaw River.
(1971) (a) The draw of the US 101 bridge, mile 5.0 at Florence, shall open on signal if at least two hours notice is given.

(1972) (b) The draw of the Central Oregon and Pacific railroad bridge, mile 8.0 near Cushman, shall open on signal if at least 24 hours notice is given.

(1973) 
 § 117.892 South Slough.
(1974) The drawspan for the Oregon State Highway Drawbridge across South Slough at Charleston must open on signal for the passage of vessels, except that between the hours of 7 a.m. and 7 p.m., from June 1 through September 30, the drawspan need be opened only on the hour and half-hour. This exception does not apply to commercial tugs and/or tows or public vessels of the United States.

(1975) 
 § 117.893 Umpqua River.
(1976) (a) Suspended.

(1977) (b) The draw of the Central Oregon and Pacific railroad bridge, mile 11.5 at Reedsport, shall be maintained in the fully open position, except for the crossing of trains or other railroad equipment or for maintenance. During foggy weather when the draw is closed and the channel is not clear for the passage of vessels, a fog horn with an audible range of one-half mile from the draw shall be sounded. Two clear signals of approximately six seconds duration each, repeated at intervals of 60 seconds from completion of the second signal to commencement of the next signal, shall be sounded and repeated from commencement of closure to full opening of the draw. When the draw is again in the open position, the fog horn shall be stopped, indicating that the channel is clear for the passage of vessels.

(1978) (c) The draw of the US 101 bridge across the side channel of the Umpqua River, mile 11.1 near Reedsport, need not be opened for the passage of vessels.

(1979) (d) From 7 a.m. on December 1, 2013 to 11:59 p.m. on September 30, 2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, shall open at 7 a.m. and 6 p.m. when at least 6 hours of advance notice is given.

(1980) 
 § 117.895 Wallooskee River.
(1981) The draw of the Oregon State secondary highway bridge, mile 1.0 near Astoria, shall open on signal if at least 48 hours notice is given.

(1982) 
 § 117.897 Willamette River.
(1983) (a) The draws of the Union Pacific railroad bridge, mile 119.6 at Albany; and mile 164.3 near Harrisburg, need not open for the passage of vessels. However the draws shall be returned to operable condition within six months after notification by the District Commander to do so.

(1984) (b) The draw of the Oregon State highway bridge, mile 132.1 at Corvallis, shall open on signal if at least seven days notice is given. However, the draw need not be opened on Saturdays, Sundays, and Federal Holidays.

(1985) (c) The draws of the bridges listed in paragraph (c)(3) of this section shall open on signal if appropriate advance notice is given to the drawtender of the Hawthorne Bridge subject to the following requirements and exceptions:

(1986) (1) The draws need not open for the passage of vessels from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. every Monday through Friday; except that on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, the draws shall open in accordance with the notice requirements of paragraph (c)(3) below.

(1987) (2) During Rose Festival Week or when the water elevation reaches and remains above +12 feet, no advance notice is required to request opening, except during the normal closed periods in (c)(1) above.

(1988) (3)(i) Broadway Bridge, mile 11.7, from 8 a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given for draw openings. At all other times, notice of at least two hours in advance is required.

(1989) (ii) Steel Bridge (upper deck only), Portland, mile 12.1. From 8 a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given for draw openings. At all other times, two hours notice is required.

(1990) (iii) Burnside Bridge, 12.4, from 8 a.m to 5 p.m. Monday through Friday, one hour's notice shall be given for draw openings. At the times, two hours notice is required.

(1991) (iv) Morrison Bridge, Portland, mile 12.8, from 8 a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given for draw openings. At all other times, two hours notice is required.

(1992) (v) Hawthorne Bridge, Portland, mile 13.1, no advance notice required.

(1993) 
 § 117.899 Youngs Bay and Lewis and Clark River.
(1994) (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, across Youngs Bay at Smith Point, shall open on signal for the passage of vessels if at least one half-hour notice is given to the drawtender at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other times, including all Federal holidays but Columbus Day, at least a two-hour notice by telephone is required. The opening signal shall be two prolonged blasts followed by one short blast.

(1995) (b) [Suspended]

(1996) (c) The draw of the Oregon State (Lewis and Clark River) highway bridge, mile 1.0, across the Lewis and Clark River, shall open on signal for the passage of vessels if at least one half-hour notice is given by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other times, including all Federal holidays but Columbus Day, at least a two-hour notice by telephone is required. The opening signal is one prolonged blast followed by four short blasts.

(1997) (d) The draw of the Oregon State (Old Youngs Bay) Highway Bridge, mile 2.4, across Youngs Bay foot of Fifth Street, shall open the south half of the double bascule span on signal for the passage of vessels, if at least one half-hour notice is given to the drawtender, at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. Saturday and Sunday from March 1, 2017 to October 31, 2017. At all other times, including all Federal holidays, but Columbus Day, at least a two-hour notice by telephone is required. The opening signal is two prolonged blasts followed by one short blast.

(1998) 
 Washington
(1999) 
 § 117.1031 Chehalis River.
(2000) The draw of the U.S. 101 highway bridge, mile 0.1, at Aberdeen shall open on signal if at least one-hour notice is given at all times by telephone to the Washington State Department of Transportation.

(2001) 
 § 117.1035 Columbia River.
(2002) (a) The term drawtender, as used in this section means the operator of the drawspan, whether that person may be a train crew member, maintenance person, or an officially designated drawtender.

(2003) (b) The draw of the semi-automated Union Pacific railroad bridge (Kalan Bridge), mile 323.4, near Kennewick, Washington, is normally maintained in the fully open position with no drawtender in attendance. A radar beacon (RACON) is located at the center of the drawspan. The RACON operates only when the drawspan is fully open, by responding with the Morse letter “K” to X-band radar signals. When necessary to close the drawspan for the passage of a train or for maintenance, a drawtender shall be dispatched to operate the draw from either of the remote control stations located at the ends of the bridge. Operation of the bridge shall be as follows:

(2004) (1) The drawtender shall broadcast a radio message over Channel 16-VHF to all vessels in the vicinity that the Kalan Bridge will be closing in two minutes. If after two minutes no response is received, the drawtender shall broadcast a message over Channel 13-VHF that the Kalan Bridge is closing. Both messages shall be broadcast twice.

(2005) (2) Prior to activating the closing sequence the drawtender shall visually inspect the waterway for marine traffic approaching the bridge. The closing sequence shall not be activated until after marine traffic has cleared the bridge.

(2006) (3) When the closing sequence is activated, the following functions occur automatically: The RACON is deactivated, red strobe lights on the lift towers and on the channel piers start flashing, a downward pointing arrow consisting of amber colored lights is displayed from the center of the drawspan and a recorded message is broadcast over Channel 13-VHF advising that the Kalan Bridge is closed to river traffic. The radio message is repeated every five minutes, the red lights continue to flash and the downward pointing arrow is displayed, until the lift span returns to the up and locked position. At the end of the ten minutes, a horn sounds for 30 seconds, the span begins closing and the centerspan navigation lights turn from green to red. The horn sounds for 30 seconds at 10 minute intervals, until the lift span returns to the up and locked position.

(2007) (4) If for any reason during the closing sequence a danger is posed to marine traffic, the closing sequence shall be stopped and the bridge reopened until the threat of danger has passed.

(2008) (5) If the bridge is to be temporarily closed for maintenance or for purposes other than the passage of a train, the drawtender shall continually monitor Channels 13 and 16 for calls from approaching vessels, and respond to inquiries from vessels about the closure.

(2009) (6) After a train has cleared the bridge, the following functions occur automatically: The drawspan returns to the fully open and locked position, the RACON is reactivated, the arrow display and the red strobe lights are extinguished, the red centerspan navigation lights return to green and a recorded message is broadcast over Channel 13-VHF that the Kalan Bridge is open for marine traffic.

(2010) (7) Bridge status information may be obtained by calling the commercial telephone number posted at the drawspan of the bridge.

(2011) (c) The draw of the Burlington Northern Santa Fe railroad bridge at mile 328.0, between Pasco and Kennewick, shall open on signal from 8 a.m. to 4 p.m. At all other times the draw shall open on signal if at least 2 hour’s notice is given through the General Yardmaster, Pasco, Washington.

(2012) 
 § 117.1037 Cowlitz River.
(2013) (a) The draw of the Burlington Northern Santa Fe railroad bridge, mile 1.5, shall operate as follows:

(2014) (1) The draw shall open on signal if at least 24 hours notice is given.

(2015) (2) In the event of an emergency declared by the Cowlitz County Department of Emergency Services, the bridge shall be capable of opening upon two hours notice. Notification of emergencies and requests for openings during emergencies are initiated through the Cowlitz County Department of Emergency Services.

(2016) (3) The operating machinery of the draw shall be maintained in a serviceable condition and the draw shall be opened and closed at intervals frequent enough to make certain that the machinery is in proper order for satisfactory operation.

(2017) (4) During periods of fog or similar periods of reduced visibility, the drawtender, after acknowledging the signal to open, shall toll a bell continuously during the approach and passage of the vessel.

(2018) (b) The draw of the Allen Street Bridge, mile 5.5, need not open for the passage of vessels.

(2019) 
 § 117.1041 Duwamish Waterway.
(2020) (a) The draws of each bridge across the Duwamish Waterway shall open on signal, except as follows:

(2021) (1) From Monday through Friday, except all Federal holidays but Columbus Day, the draws of the First Avenue South Bridges, mile 2.5, need not be opened for the passage of vessels from 6 a.m. to 9 p.m. and 3 p.m. to 6 p.m., except: The draws shall be open at any time for a vessel of 5,000 gross tons and over, a vessel towing a vessel of 5,000 gross tons and over, and a vessel proceeding to pick up for towing a vessel of 5,000 gross tons and over.

(2022) (2) The draw of the South Park Bridge, mile 3.8, need not be opened for the passage of vessels from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., Monday through Friday except, Federal holidays, other than Columbus Day.

(2023) (b) The following bridges shall open on the specified signals:

(2024) (1) Burlington Northern Santa Fe railroad bridge, mile 0.4, and Southwest Spokane Street bridge, mile 0.3, one prolonged blast followed quickly by three short blasts.

(2025) (2) Burlington Northern Santa Fe railroad bridge, mile 0.4, one prolonged blast followed quickly by one short blast.

(2026) (3) First Avenue South bridge, mile 2.5, three prolonged blasts.

(2027) (4) South Park highway bridge, mile 3.8, one prolonged blast followed quickly by one short blast and one prolonged blast.

(2028) (c) When fog prevails by day or by night, the drawtender of bridges listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2029) 
 § 117.1045 Hood Canal.
(2030) The draw of the Washington State pontoon highway bridge near Port Gamble operates as follows:

(2031) (a) The draw shall open on signal if at least one hour’s notice is given. The draw shall be opened horizontally for 300 feet unless the maximum opening of 600 feet is requested.

(2032) (b) The draw of the Hood Canal Bridge, mile 5.0, need not open for vessel traffic from 3 p.m. to 6:15 p.m. daily from 3 p.m. May 22 to 6:16 p.m. September 30, except for commercial tug and tow vessels and vessels of the U.S. Navy or vessels attending the missions of the U.S. Navy and other public vessels of the United States. At all other times the bridge will operate in accordance with paragraph (a) of this section.

(2033) (c) Telephone requests for bridge openings may be directed as collect calls to the Toll Office at the bridge site. The call may also be made by direct telephone communication through the Seattle Marine Operator, Station KOH, or through other marine wire or radio telephone service.

(2034) (d) During unusual or emergency periods, the authorized representative of the owner of or agency controlling the bridge shall open the draw on a demand basis for specified periods of time, normally not exceeding 48 hours, when requested by the Department of the Navy. While on a demand basis, a drawtender shall be in attendance on the bridge with radio communication equipment in operation.

(2035) 
 § 117.1047 Hoquiam River.
(2036) (a) When fog prevails by day or night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2037) (b) The draw of the Puget Sound and Pacific railroad bridge, mile 0.3 at Hoquiam, shall be maintained in the fully open position except for the passage of trains or for maintenance. When the draw of the bridge is closed and the visibility at the drawtender’s station is less than one mile up or down the channel, the drawtender shall sound two long blasts every minute. When the draw is reopened, the drawtender shall sound one long blast followed by one short blast.

(2038) (c) The draw of the Simpson Avenue bridge, mile 0.5 at Hoquiam, shall open on signal if at least a one hour notice is given by telephone to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by one short blast.

(2039) (d) The draw of the Riverside Avenue Bridge, mile 0.9, Hoquiam, shall open on signal if at least one hour notice is given by telephone to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by two short blasts.

(2040) 
 § 117.1049 Lake Washington.
(2041) The draw of the Evergreen Point Floating Bridge between Seattle and Bellevue shall operate as follows:

(2042) (a) The draw shall open on signal if at least two hours notice is given.

(2043) (b) Telephone requests for bridge opening may be directed as collect calls to the Highway Radio or made by direct telephone communication through the Seattle Marine Operator, Station KOH, or through other marine wire or radiotelephone service.

(2044) (c) The draw need not be opened from 5 a.m. to 9 p.m. Monday through Friday, except for all Federal holidays other than Columbus Day.

(2045) 
 § 117.1051 Lake Washington Ship Canal.
(2046) (a) When fog prevails by day or by night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2047) (b) All non-self-propelled vessels, craft, or rafts navigating this waterway for which the opening of any draw is necessary shall be towed by a suitable self-propelled vessel while passing the draw.

(2048) (c) The draw of the Burlington Northern Santa Fe railroad bridge, mile 0.1, shall open on signal.

(2049) (d) The draws of the Ballard Bridge, mile 1.1, Fremont Bridge, mile 2.6, and University Bridge, mile 4.3, shall open on signal, except that:

(2050) (1) The draws need not be opened for a period of up to 10 minutes after receiving an opening request, if needed to pass accumulated vehicular traffic. However, the draws shall open without delay, when requested by vessels engaged in towing operations.

(2051) (2) The draws need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday, except all Federal holidays but Columbus Day for any vessel of less than 1000 tons, unless the vessel has in tow a vessel of 1000 gross tons or over.

(2052) (3) Between the hours of 11 p.m. and 7 a.m. the draws shall open if at least one hour notice is given by telephone, radiotelephone, or otherwise to the drawtender at the Fremont Avenue Bridge.

(2053) (4) The draws of the Ballard and Fremont Bridges need not open from 7 a.m. to 10 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Friday, except on all Federal holidays, but Columbus Day, Martin Luther King Day, President's Day, and Veteran's Day. The draw of the University Bridge need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through Friday, except Federal holidays. A vessel of any size towing another vessel of 1000 gross tons or more shall receive an opening on signal at any of these draws at any time.

(2054) (e) The draw of the Montlake Bridge, mile 5.2 shall open on signal, except that:

(2055) (1) The draw need not open for a period of up to 10 minutes after receiving an opening request, if needed to pass accumulated vehicular traffic. However, the draw shall open without delay, when requested by vessels engaged in towing operations.

(2056) (2) For any vessel or watercraft of less than 1,000 gross tons, unless the vessel has in tow a vessel of 1,000 gross tons or over, from Monday through Friday, except Federal Holidays:

(2057) (i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m. from April 30 to September 1 and from 7 a.m. to 10 a.m. and from 3:30 p.m. to 7 p.m. from September 1 to April 30.

(2058) (ii) The draw need open only on the hour and half hour from 12:30 to 3:30 p.m. and from 6 p.m. to 6:30 p.m.

(2059) 
 § 117.1053 Lewis River.
(2060) The draw of the Burlington Northern Santa Fe railroad bridge, 2.0 at Woodland, need not be opened for the passage of vessels.

(2061) 
 § 117.1055 Skagit River.
(2062) The draws of all bridges across the Skagit river need not be opened for the passage of vessels. However, the draws shall be returned to operable condition within one year after notification by the District Commander to do so.

(2063) 
 § 117.1057 Skamokawa Creek.
(2064) The draw of the Washington State highway bridge at Skamokawa need not be opened for the passage of vessels.

(2065) 
 § 117.1058 Snake River.
(2066) (a) The draw of the Burlington Northern Santa Fe railroad bridge across the Snake River at mile 1.5 between Pasco and Burbank is automated and is normally maintained in the fully open to navigation position.

(2067) (b) Lights. All lights required for automated operation shall be visible for a distance of at least 2 miles and shall be displayed at all times, day and night.

(2068) (1) When the draw is fully open, a steady green light shall be displayed at the center of the drawspan on both upstream and downstream sides.

(2069) (2) When the draw is not fully open, a steady red light shall be displayed at the center of the drawspan on both upstream and downstream sides.

(2070) (3) When the draw is about to close, flashing yellow lights in the form of a down-pointing arrow shall be displayed at the center of the drawspan on both upstream and downstream sides.

(2071) (4) A similar set of red, green, and yellow lights shall be displayed on a remote lighting panel located near the north end, upstream side, of the Washington State highway bridge at mile 2.2. These lights shall be synchronized with the lights on the railroad bridge and shall be visible to vessels traveling downstream throughout the passage of the channel adjacent to Strawberry Island.

(2072) (c) Operation. When a train approaches the bridge, the yellow lights shall start flashing. After an eight-minute delay, the green lights shall change to red, the drawspan shall lower and lock, and the yellow lights shall be extinguished. Red lights shall continue to be displayed until the train has crossed and the drawspan is again in the fully open position. At that time, the red lights shall change green.

(2073) (d) Vessels equipped with radiotelephones may contact Burlington Northern Santa Fe to obtain information on the status of the bridge. Bridge status information also may be obtained by calling the commercial telephone number posted at the drawspan of the bridge.

(2074) 
 § 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.
(2075) (a) Drawtenders of bridges listed in this section shall acknowledge sound signals as follows:

(2076) (1) When draw can be opened immediately, two prolonged blasts followed by one short blast or three loud and distinct strokes of a bell.

(2077) (2) When draw cannot be opened immediately, or when it is open and must be closed promptly, two prolonged blasts or two loud and distinct strokes of a bell. This signal may also be used by a vessel to countermand its call signal.

(2078) (b) When fog prevails by day or by night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2079) (c) The draws of the twin, SR529, highway bridges across the Snohomish River, mile 3.6, at Everett, shall open on signal if at least one hour notice is given. On weekdays Monday through Friday, notice for openings shall be given by marine radio, telephone, or other means to the drawtender at the SR529 highway bridge across Ebey Slough, at Marysville, and at all other times to the drawtender at the twin SR529 bridges at Everett. One signal opens both draws. During freshets, a drawtender shall be in constant attendance and the draws shall open on signal when so ordered by the District Commander.

(2080) (d) The draw of the SR2 highway bridge across the Snohomish River, mile 6.9, at Everett, shall open on signal if at least four hours notice is given. During freshets, a drawtender shall be in constant attendance and the draw shall open on signal when so ordered by the District Commander.

(2081) (e) The draw of the Burlington Northern Santa Fe railroad bridge across the Snohomish River, mile 15.5, at Snohomish, need not be opened for the passage of vessels.

(2082) (f) The draw of the Burlington Northern Santa Fe railroad bridge across Steamboat Slough, mile 1.0, near Marysville, shall open on signal if at least four hours notice is given. The opening signal is one prolonged blast followed by one short blast and one prolonged blast.

(2083) (g) The draws of the twin, SR529, highway bridges across Steamboat Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if at least four-hours notice is given. On weekdays, Monday through Friday, notice for openings shall be given by marine radio, telephone, or other means to the drawtender at the SR529 highway bridge across Ebey Slough, at Marysville, and at all other times to the drawtender at the twin SR529 bridges at Everett. One signal opens both draws. During freshets, a drawtender shall be in constant attendance and the draws shall open on signal when so ordered by the District Commander.

(2084) (h) The draws of the SR529 highway bridge across Ebey Slough, mile 1.6, at Marysville, shall open on signal if at least one-hour notice is given. On weekdays, Monday through Friday, notice for openings shall be given by marine radio, telephone, or other means to the drawtender at this bridge, and at all other times to the drawtender at the SR529 bridges across the Snohomish River at Everett. During freshets, a drawtender shall be in constant attendance and the draws shall open on signal when so ordered by the District Commander.

(2085) 
 § 117.1061 Tacoma Harbor.
(2086) (a) When fog prevails by day or night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2087) (b) The draw of the Murray Morgan Bridge, also known as the South 11th Street Bridge, across Thea Foss Waterway, previously known as City Waterway, mile 0.6, at Tacoma, shall open on signal if at least two hours notice is given. However, to obtain a bridge opening between 10 p.m. and 8 a.m. notification must be made to the City of Tacoma by 8 p.m. In emergencies, openings shall be made as soon as possible upon notification to the City of Tacoma.

(2088) 
 § 117.1063 Willapa River South Fork.
(2089) The draw of the Washington State Parks and Recreation Commission bridge across the South Fork Willapa River, mile 0.3, at Raymond, shall open on signal if at least 24 hours notice is given.

(2090) 
 § 117.1065 Wishkah River.
(2091) (a) When fog prevails by day or by night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.

(2092) (b) The draw of the Puget Sound and Pacific railroad bridge, mile 0.1 at Aberdeen, shall be maintained in the fully open position, except for the passage of trains or for maintenance. When the draw of the bridge is closed and the visibility at the drawtender’s station is less than one mile up or down the channel, the drawtender shall sound two prolonged blasts every minute. When the draw is reopened, the drawtender shall sound one prolonged blast followed by one short blast.

(2093) (c) The draws of the Heron Street Bridge, mile 0.2, and the Wishkah Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least one hour notice is given by telephone to the Washington State Department of Transportation. The opening signal for both bridges is one prolonged blast followed by two short blasts.

(2094) 
 Part 147 – Safety Zones

(2095) 
 § 147.1 Purpose of safety zones.
(2096) Safety zones may be established around OCS facilities being constructed, maintained, or operated on the Outer Continental Shelf to promote the safety of life and property on the facilities, their appurtenances and attending vessels, and on the adjacent waters within the safety zones. Regulations adopted for safety zones may extend to the prevention or control of specific activities and access by vessels or persons, and include measures to protect the living resources of the sea from harmful agents. The regulations do not encompass the operating equipment or procedures used in the drilling for and production of oil, gas, or other minerals, or the transportation of oil, gas, or other minerals by pipeline except as they relate to the safety of life and property on OCS facilities and on the waters adjacent to OCS facilities or to the protection of the living resources of the sea within a safety zone from harmful agents.

(2097) 
 § 147.5 Delegation of authority.
(2098) The authority to establish safety zones and to issue and enforce safety zone regulations in accordance with the provisions of this part is delegated to District Commanders

(2099) 
 § 147.10 Establishment of safety zones.
(2100) (a) Whenever it comes to the attention of the District Commander that a safety zone and regulations may be required concerning any OCS facility being constructed, maintained, or operated on the Outer Continental Shelf or its appurtenances and attending vessels, or the adjacent waters, the District Commander may initiate appropriate inquiry to determine whether a safety zone and regulations should be established. In making this determination, the District Commander considers all relevant safety factors, including existing or reasonably foreseeable congestion of vessels, the presence of unusually harmful or hazardous substances, and any obstructions within 500 meters of the OCS facility. If the District Commander determines that the circumstances warrant the establishment of a safety zone and regulations the District Commander takes action as necessary consistent with the provisions of this part.

(2101) (b) Except as provided in Paragraph (c) of this section, a safety zone and necessary regulations may be established concerning any OCS facility being constructed, maintained or operated on the Outer Continental Shelf, following publication of a notice of proposed rule making in the FEDERAL REGISTER and after interested parties have been given the opportunity to submit comments. A zone and necessary regulations may be in effect during any period when construction equipment and materials are within 500 meters of the construction site until the removal of all portions of the facility.

(2102) (c) A safety zone and necessary regulations may be established without public rule making procedures when the District Commander determined that imminent danger exists with respect to the safety of life and property of an OCS facility constructed, maintained, or operated on the Outer Continental Shelf, its appurtenances and attending vessels or adjacent waters. A safety zone and regulations may be made effective on the date the rule is published in the FEDERAL REGISTER. However, if circumstances require, they may be placed into effect immediately, followed promptly by publication in the FEDERAL REGISTER. The District Commander may utilize, in addition to broadcast Notices to Mariners, Local Notices to Mariners, and Notices to Mariners, newspapers, and broadcasting stations to disseminate information concerning a safety zone and regulations pertaining thereto. The public may comment concerning the establishment of a safety zone or regulations under this Paragraph. A safety zone or regulations may be modified or withdrawn, as appropriate, based on the comments received.

(2103) (d) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts reference to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

(2104) 
 § 147.15 Extent of safety zones.
(2105) A safety zone establishment under this part may extend to a maximum distance of 500 meters around the OCS facility measured from each point on its outer edge or from its construction site, but may not interfere with the use of recognized sea lanes essential to navigation.

(2106) 
 § 147.20 Definitions.
(2107) Unless otherwise stated, the term “attending vessel” refers to any vessel which is operated by the owner or operator of an OCS facility located in the safety zone, which is used for the purpose of carrying supplies, equipment or personnel to or from the facility, which is engaged in construction, maintenance, alteration, or repair of the facility, or which is used for further exploration, production, transfer or storage of natural resources from the seabed beneath the safety zone.

(2108) 
 § 147.1102 Platform GRACE safety zone.
(2109) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°10'47"N., 119°28'05"W.

(2110) (b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2111) 
 § 147.1103 Platform GINA safety zone.
(2112) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°07'02"N., 119°16'35"W.

(2113) (b) Regulations:No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2114) 
 § 147.1104 Platform ELLEN and ELLY safety zone.
(2115) (a) Description: The areas within a line 500 meters from each point on the outer edge of each structure. The structures are approximately 120 meters apart. The position of the center of each structure is: Platform Ellen, 33°34'57"N., 118°07'42"W.; and Platform Elly, 33°35'00"N., 118°07'40"W.

(2116) (b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel serving either structure, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2117) 
 § 147.1105 Platform HONDO safety zone.
(2118) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°23'27"N., 120°07'14"W.

(2119) (b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2120) 
 § 147.1106 Exxon Santa Ynez offshore storage and treatment vessel mooring safety zone.
(2121) (a) Description: The area within a line 1108 meters from the center of the mooring. The position of the center of the mooring is 34°24'19"N., 120°06'00"W.

(2122) (b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2123) 
 § 147.1107 Platform GILDA safety zone.
(2124) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°10'56"N., 119°25'07"W.

(2125) (b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2126) 
 § 147.1108 Platform EDITH safety zone.
(2127) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 33°35'45"N., 118°08'27"W.

(2128) (b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2129) 
 § 147.1109 Platform HERMOSA Safety Zone.
(2130) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°27'19"N., 120°38'47"W.

(2131) (b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2132) 
 § 147.1110 Platform HARVEST Safety Zone.
(2133) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°28'09.5"N., 120°40'46.1"W.

(2134) (b) Regulations: No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2135) 
 § 147.1111 Platform EUREKA Safety Zone.
(2136) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 33°33'50"N., 118°07'00"W.

(2137) (b) Regulations: No vessel may enter or remain in this safety zone except the following: remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2138) 
 § 147.1112 Platform HIDALGO Safety Zone.
(2139) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°29'42"N, 120°42'08"W.

(2140) (b) Regulations: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2141) 
 § 147.1113 Platform GAIL Safety Zone.
(2142) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°07'30"N., 119°24'01"W.

(2143) (b) Regulations: No vessel may enter or remain in this safety zone except the following (1) An attending vessel, (2) a vessel under 100 feet in length overall not engaged in towing, or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2144) 
 § 147.1114 Platform HARMONY Safety Zone.
(2145) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°22'36"N., 120°10'03"W.

(2146) (b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) an attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2147) 
 § 147.1115 Platform HERITAGE Safety Zone.
(2148) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°21'01"N., 120°16'45"W.

(2149) (b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2150) 
 § 147.1116 Platform IRENE Safety Zone.
(2151) (a) Description: The area within a line 500 meters from each point on the structure’s outer edge. The position of the center of the structure is 34°36'37.5"N., 120°43'46"W.

(2152) (b) Regulation: No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) a vessel under 100 feet in length overall not engaged in towing; or (3) a vessel authorized by the Commander, Eleventh Coast Guard District.

(2153) 
 Part 157 – Rules for the Protection of the Marine Environment relating to Tank Vessels Carrying Oil in Bulk

(2154) 
 Subpart A – General

(2155) 
 § 157.01 Applicability.
(2156) (a) Unless otherwise indicated, this part applies to each vessel that carries oil in bulk as cargo and that is:

(2157) (1) Documented under the laws of the United States (a U.S. vessel); or

(2158) (2) Any other vessel that enters or operates in the navigable waters of the United States, or that operates, conducts lightering under 46 U.S.C. 3715, or receives cargo from or transfers cargo to a deepwater port under 33 U.S.C. 1501 et seq., in the United States Exclusive Economic Zone, as defined in 33 U.S.C. 2701(8).

(2159) (b) This part does not apply to a vessel exempted under 46 U.S.C. 2109 or 46 U.S.C. 3702.

(2160) 
 § 157.02 Incorporation by reference: Where can I get a copy of the publications mentioned in this part
(2161) (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection at the Coast Guard Headquarters. Contact Commandant (CG–ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593–7509; telephone 202–372–1375. The material is also available from the sources indicated in this section.

(2162) (b) International Maritime Organization (IMO)—4 Albert Embankment, London SE1 7SR, United Kingdom.

(2163) (1) IMCO Assembly Resolution A.393(X), adopted on 14 November 1977, Recommendation on International Performance and Test Specifications For Oily Water Separating Equipment and Oil Content Meters (“A.393(x)”), incorporation by reference approved for §157.12.

(2164) (2) IMO Assembly Resolution A.496(XII), Adopted on 19 November 1981, Agenda Item 11, Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers (“A.496(XII)”), incorporation by reference approved for §157.12.

(2165) (3) IMO Assembly Resolution A.586(14), Adopted on 20 November 1985, Agenda item 12, Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers (“A.586(14)”), incorporation by reference approved for §157.12.

(2166) (4) IMO Marine Environment Protection Committee Resolution MEPC.13 (19), adopted on 9 December 1983, Guidelines for Plan Approval and Installation Survey of Oil Discharge Monitoring and Control Systems for Oil Tankers and Environmental Testing of Control Sections Thereof (“MEPC.13(19)”), incorporation by reference approved for §157.12.

(2167) (5) IMO Marine Environment Protection Committee Resolution MEPC.108(49), Adopted on 18 July 2003, Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers (“MEPC.108(49)”), incorporation by reference approved for §157.12.

(2168) (6) IMO Assembly Resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3, 3.1, and 3.2 with appendices, adopted on 19 November 1987 (“A.601(15)”), incorporation by reference approved for §157.450.

(2169) (7) IMO Assembly Resolution A.744(18), Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, Annex B sections 1.1.3-1.1.4, 1.2-1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with appendices, adopted 4 November 1993 (“A.744(18)”), incorporation by reference approved for §157.430.

(2170) (8) IMO Assembly Resolution A.751(18), Interim Standards for Ship Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2, and 5, adopted 4 November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 June 1994 (“A.751(18)”), incorporation by reference approved for §157.445.

(2171) (9) MARPOL Consolidated Edition 2011, Annex I, Regulations for the prevention of pollution by oil, Chapter 4—Requirements for the cargo area of oil tankers, Part A—Construction, Regulation 22, “Pump-room bottom protection” (Annex I, Regulation 22) incorporation by reference approved for §157.14.

(2172) (10) MARPOL Consolidated Edition 2011, Annex I, Regulations for the prevention of pollution by oil, Chapter 4—Requirements for the cargo area of oil tankers, Part A—Construction, Regulation 23, “Accidental oil outflow performance” (Annex I, Regulation 23) incorporation by reference approved for §157.20.

(2173) (c) Oil Companies International Marine Forum (OCIMF) 27 Queen Anne's Gate, London, SW1H 9BU, England].

(2174) (1) International Safety Guide for Oil Tankers and Terminals, Fourth Edition, Chapters 6, 7, and 10, 1996, incorporation by reference approved for §157.435.

(2175) (2) [Reserved]

(2176) 
 § 157.03 Definitions.
(2177) Except as otherwise stated in a subpart:

(2178) Amidships means the middle of the length.

(2179) Animal fat means a non-petroleum oil, fat, or grease derived from animals and not specifically identified elsewhere in this part.

(2180) Ballast voyage means the voyage that a tank vessel engages in after it leaves the port of final cargo discharge.

(2181) Breadth or B means the maximum molded breadth of a vessel in meters.

(2182) Cargo tank length means the length from the forward bulkhead of the forwardmost cargo tanks, to the after bulkhead of the aftermost cargo tanks.

(2183) Center tank means any tank inboard of a longitudinal bulkhead.

(2184) Clean ballast means ballast which:

(2185) (1) If discharged from a vessel that is stationary into clean, calm water on a clear day, would not–

(2186) (i) Produce visible traces of oil on the surface of the water or on adjoining shore lines; or

(2187) (ii) Cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shore lines; or

(2188) (2) If verified by an approved oil discharge monitoring and control system, has an oil content that does not exceed 15 p.m.

(2189) Combination carrier means a vessel designed to carry oil or solid cargoes in bulk.

(2190) Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.

(2191) Deadweight or DWT means the difference in metric tons between the lightweight displacement and the total displacement of a vessel measured in water of specific gravity 1.025 at the load waterline corresponding to the assigned summer freeboard.

(2192) Dedicated clean ballast tank means a cargo tank that is allocated solely for the carriage of clean ballast.

(2193) Domestic trade means trade between ports or places within the United States, its territories and possessions, either directly or via a foreign port including trade on the navigable rivers, lakes, and inland waters.

(2194) Double bottom means watertight protective spaces that do not carry any oil and which separate the bottom of tanks that hold any oil within the cargo tank length from the outer skin of the vessel.

(2195) Double hull means watertight protective spaces that do not carry any oil and which separate the sides, bottom, forward end, and aft end of tanks that hold any oil within the cargo tank length from the outer skin of the vessel as prescribed in §157.10d.

(2196) Doubles sides means watertight protective spaces that do not carry any oil and which separate the sides of tanks that hold any oil within the cargo tank length from the outer skin of the vessel.

(2197) Existing vessel means any vessel that is not a new vessel.

(2198) Fleeting or assist towing vessel means any commercial vessel engaged in towing astern, alongside, or pushing ahead, used solely within a limited geographic area, such as a particular barge fleeting area or commercial facility, and used solely for restricted service, such as making up or breaking up larger tows.

(2199) Foreign trade means any trade that is not domestic trade.

(2200) From the nearest land means from the baseline from which the territorial sea of the United States is established in accordance with international law.

(2201) Fuel oil means any oil used as fuel for machinery in the vessel in which it is carried.

(2202) Inland vessel means a vessel that is not oceangoing and that does not operate on the Great Lakes.

(2203) Instantaneous rate of discharge of oil content means the rate of discharge of oil in liters per hour at any instant, divided by the speed of the vessel in knots at the same instant.

(2204) Integrated tug barge means a tug and a tank barge with a mechanical system that allows the connection of the propulsion unit (the tug) to the stern of the cargo carrying unit (the tank barge) so that the two vessels function as a single self-propelled vessel.

(2205) Large primary structural member includes any of the following:

(2206) (1) Web frames.

(2207) (2) Girders.

(2208) (3) Webs.

(2209) (4) Main brackets.

(2210) (5) Transverses.

(2211) (6) Stringers.

(2212) (7) Struts in transverse web frames when there are 3 or more struts and the depth of each is more than 1/15 of the total depth of the tank.

(2213) Length or L means the distance in meters from the fore side of the stem to the axis of the rudder stock on a waterline at 85 percent of the least molded depth measured from the molded baseline, or 96 percent of the total length on that waterline, whichever is greater. In vessels designed with drag, the waterline is measured parallel to the designed waterline.

(2214) Lightweight means the displacement of a vessel in metric tons without cargo, fuel oil, lubricating oil, ballast water, fresh water, and feedwater in tanks, consumable stores, and any persons and their effects.

(2215) Major conversion means a conversion of an existing vessel that:

(2216) (1) Substantially alters the dimensions or carrying capacity of the vessel, except a conversion that includes only the installation of segregated ballast tanks, dedicated clean ballast tanks, a crude oil washing system, double sides, a double bottom, or a double hull;

(2217) (2) Changes the type of vessel;

(2218) (3) Substantially prolongs the vessel’s service life; or

(2219) (4) Otherwise so changes the vessel that it is essentially a new vessel, as determined by the Commandant (CG–CVC).

(2220) MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention. A copy of MARPOL 73/78 is available from the International Maritime Organization, 4 Albert Embankment, London, SE1, 7SR, England.

(2221) New vessel means:

(2222) (1) A U.S. vessel in domestic trade that:

(2223) (i) Is constructed under a contract awarded after December 31, 1974;

(2224) (ii) In the absence of a building contract, has the keel laid or is at a similar stage of construction after June 30, 1975;

(2225) (iii) Is delivered after December 31, 1977; or

(2226) (iv) Has undergone a major conversion for which:

(2227) (A) The contract is awarded after December 31, 1974;

(2228) (B) In the absence of a contract, conversion is begun after June 30, 1975; or

(2229) (C) Conversion is completed after December 31, 1977; and

(2230) (2) A foreign vessel or a U.S. vessel in foreign trade that;

(2231) (i) Is constructed under a contract awarded after December 31, 1975;

(2232) (ii) In the absence of a building contract, has the keel laid or is at a similar stage of construction after June 30, 1976;

(2233) (iii) Is delivered after December 31, 1979; or

(2234) (iv) Has undergone a major conversion for which:

(2235) (A) The contract is awarded after December 31, 1975;

(2236) (B) In the absence of a contract, conversion is begun after June 30, 1976; or

(2237) (C) Conversion is completed after December 31, 1979.

(2238) Non-petroleum oil means oil of any kind that is not petroleum-based. It includes, but is not limited to, animal fat and vegetable oil.

(2239) Oceangoing has the same meaning as defined in §151.05 of this chapter.

(2240) Officer in charge of a navigational watch means any officer employed or engaged to be responsible for navigating or maneuvering the vessel and for maintaining a continuous vigilant watch during his or her periods of duty and following guidance set out by the master, international or national regulations, and company policies.

(2241) Oil means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. This includes liquid hydrocarbons as well as animal and vegetable oils.

(2242) Oil cargo residue means any residue of oil cargo whether in solid, semi-solid, emulsified, or liquid form from cargo tanks and cargo pump room bilges, including but not limited to, drainages, leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any constituent component of oil. The term “oil cargo residue” is also known as “cargo oil residue.”

(2243) Oil residue means—

(2244) (1) Oil cargo residue; and

(2245) (2) Other residue of oil whether in solid, semi-solid, emulsified, or liquid form, resulting from drainages, leakages, exhausted oil, and other similar occurrences from machinery spaces.

(2246) Oil spill response vessel means a vessel that is exclusively dedicated to operations to prevent or mitigate environmental damage due to an actual or impending accidental oil spill. This includes a vessel that performs routine service as an escort for a tank vessel, but excludes a vessel that engages in any other commercial activity, such as the carriage of any type of cargo.

(2247) Oil tanker means a vessel that is constructed or adapted primarily to carry crude oil or products in bulk as cargo. This includes a tank barge, a tankship, and a combination carrier, as well as a vessel that is constructed or adapted primarily to carry noxious liquid substances in bulk as cargo and which also carries crude oil or products in bulk as cargo.

(2248) Oily mixture means a mixture, in any form, with any oil content. “Oily mixture” includes, but is not limited to–

(2249) (1) Slops from bilges;

(2250) (2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse);

(2251) (3) Oil residue; and

(2252) (4) Oily ballast water from cargo or fuel oil tanks, including any oil cargo residue.

(2253) Oil residue means–

(2254) (1) Oil cargo residue; and

(2255) (2) Other residue of oil whether in solid, semi-solid, emulsified, or liquid form resulting from drainages, leakages, exhausted oil and other similar occurrences from machinery spaces.

(2256) Other non-petroleum oil means an oil of any kind that is not petroleum oil, an animal fat, or a vegetable oil.

(2257) Permeability of a space means the ratio of volume within a space that is assumed to be occupied by water to the total volume of that space.

(2258) Petroleum oil means petroleum in any form, including but not limited to, crude oil, fuel oil, sludge, oil residue, and refined products.

(2259) Primary towing vessel means any vessel engaged in towing astern, alongside, or pushing ahead and includes the tug in an integrated tug barge. It does not include fleeting or assist towing vessels.

(2260) Product means any liquid hydrocarbon mixture in any form, except crude oil, petrochemicals, and liquefied gases.

(2261) Segregated ballast means the ballast water introduced into a tank that is completely separated from the cargo oil and fuel oil system and that is permanently allocated to the carriage of ballast.

(2262) Slop tank means a tank specifically designated for the collection of cargo drainings, washings, and other oily mixtures.

(2263) Tank means an enclosed space that is formed by the permanent structure of a vessel, and designed for the carriage of liquid in bulk.

(2264) Tank barge means a tank vessel not equipped with a means of self-propulsion.

(2265) Tank vessel means a vessel that is constructed or adapted primarily to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that–

(2266) (1) Is a vessel of the United States;

(2267) (2) Operates on the navigable waters of the United States; or

(2268) (3) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. This does not include an offshore supply vessel, or a fishing vessel or fish tender vessel of not more than 750 gross tons when engaged only in the fishing industry.

(2269) Tankship means a tank vessel propelled by mechanical power or sail.

(2270) Vegetable oil means a non-petroleum oil or fat not specifically identified elsewhere in this part that is derived from plant seeds, nuts, kernels, or fruits.

(2271) Wing tank means a tank that is located adjacent to the side shell plating.

(2272) 
 § 157.04 Authorization of classification societies.
(2273) (a) The Coast Guard may authorize any classification society (CS) to perform certain plan reviews, certifications, and inspections required by this part on vessels classed by that CS except that only U.S. classification societies may be authorized to perform those plan reviews, inspections, and certifications for U.S. vessels.

(2274) (b) If a CS desires authorization to perform the plan reviews, certifications, and inspections required under this part, it must submit to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501, evidence from the governments concerned showing that they have authorized the CS to inspect and certify vessels on their behalf under the MARPOL 73/78.

(2275) (c) The Coast Guard notifies the CS in writing whether or not it is accepted as an authorized CS. If authorization is refused, reasons for the refusal are included.

(2276) (d) Acceptance as an authorized CS terminates unless the following are met:

(2277) (1) The authorized CS must have each Coast Guard regulation that is applicable to foreign vessels on the navigable waters of the United States.

(2278) (2) Each issue concerning equivalents to the regulations in this part must be referred to the Coast Guard for determination.

(2279) (3) Copies of any plans, calculations, records of inspections, or other documents relating to any plan review, inspection, or certification performed to meet this part must be made available to the Coast Guard.

(2280) (4) Each document certified under §§157.116(a)(2), 157.118(b)(1)(ii), and 157.216(b)(1)(11) must be marked with the name or seal of the authorized CS.

(2281) (5) A copy of the final documentation that is issued to each vessel that is certified under this part must be referred to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.

(2282) 
 Subpart B – Design, Equipment, and Installation

(2283) 
 § 157.08 Applicability of Subpart B.
(2284) NOTE: An “oil tanker” as defined in §157.03 includes barges as well as self-propelled vessels.

(2285) (a) Sections 157.10d and 157.11(g) apply to each vessel to which this part applies.

(2286) (b) Sections 157.11 (a) through (f), 157.12, 157.15, 157.19(b)(3), 157.33, and 157.37 apply to each vessel to which this part applies that carries 200 cubic meters or more of crude oil or products in bulk as cargo, as well as to each oceangoing oil tanker to which this part applies of 150 gross tons or more. These sections do not apply to a foreign vessel which remains beyond the navigable waters of the United States and does not transfer oil cargo at a port or place subject to the jurisdiction of the United States.

(2287) (c) Section 157.21 applies to each oil tanker to which this part applies of 150 gross tons or more that is oceangoing or that operates on the Great Lakes. This section does not apply to a foreign vessel which remains beyond the navigable waters of the United States and does not transfer oil cargo at a port or place subject to the jurisdiction of the United States.

(2288) (d) Sections in subpart B of 33 CFR part 157 that are not specified in paragraphs (a) through (c) of this section apply to each oceangoing oil tanker to which this part applies of 150 gross tons or more, unless otherwise indicated in paragraphs (e) through (m) of this section. These sections do not apply to a foreign vessel which remains beyond the navigable waters of the United States and does not transfer oil cargo at a port or place subject to the jurisdiction of the United States.

(2289) (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not apply to a vessel, except an oil tanker, that carries less than 1,000 cubic meters of crude oil or products in bulk as cargo and which retains oil mixtures on board and discharges them to a reception facility.

(2290) (f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do not apply to a tank vessel that carries only asphalt, carbon black feedstock, or other products with similar physical properties, such as specific gravity and cohesive and adhesive characteristics, that inhibit effective product/water separation and monitoring.

(2291) (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, and 157.23 do not apply to a tank barge that cannot ballast cargo tanks or wash cargo tanks while underway.

(2292) (h) Sections 157.19 and 157.21 do not apply to a tank barge that is certificated by the Coast Guard for limited short protected coastwise routes if the barge is otherwise constructed and certificated for service exclusively on inland routes.

(2293) (i) Section 157.09(d) does not apply to any:

(2294) (1) U.S. vessel in domestic trade that is constructed under a contract awarded before January 8, 1976;

(2295) (2) U.S. vessel in foreign trade that is constructed under a contract awarded before April 1, 1977; or

(2296) (3) Foreign vessel that is constructed under a contract awarded before April 1, 1977.

(2297) (j) Sections 157.09 and 157.10a do not apply to a new vessel that:

(2298) (1) Is constructed under a building contract awarded after June 1, 1979;

(2299) (2) In the absence of a building contract, has the keel laid or is at a similar stage of construction after January 1, 1980;

(2300) (3) Is delivered after June 1, 1982; or

(2301) (4) Has undergone a major conversion for which:

(2302) (i) The contract is awarded after June 1, 1979;

(2303) (ii) In the absence of a contract, conversion is begun after January 1, 1980; or

(2304) (iii) Conversion is completed after June 1, 1982.

(2305) (k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and 157.10b(b)(3) do not apply to tank barges.

(2306) (1) Section 157.10b does not apply to tank barges if they do not carry ballast while they are engaged in trade involving the transfer of crude oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States.

(2307) (m) Section 157.12 does not apply to a U.S. vessel that:

(2308) (1) Is granted an exemption under Subpart F of this part; or

(2309) (2) Is engaged solely in voyages that are:

(2310) (i) Between ports or places within the United States, its territories or possessions;

(2311) (ii) Of less than 72 hours in length; and

(2312) (iii) At all times within 50 nautical miles of the nearest land.

(2313) (n) Section 157.10d does not apply to:

(2314) (1) A vessel that operates exclusively beyond the navigable waters of the United States and the United States Exclusive Economic Zone, as defined in 33 U.S.C. 2701(8);

(2315) (2) An oil spill response vessel;

(2316) (3) Before January 1, 2015–

(2317) (i) A vessel unloading oil in bulk as cargo at a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or

(2318) (ii) A delivering vessel that is offloading oil in bulk as cargo in lightering activities–

(2319) (A) Within a lightering zone established under 46 U.S.C. 3715(b)(5); and

(2320) (B) More than 60 miles from the territorial sea base line, as defined in 33 CFR 2.20.

(2321) (4) A vessel documented under 46 U.S.C., Chapter 121, that was equipped with a double hull before August 12, 1992;

(2322) (5) A barge of less than 1,500 gross tons as measured under 46 U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto and in the waters of the Aleutian Islands and the Alaskan Peninsula west of 155 degrees west longitude; or

(2323) (6) A vessel in the National Defense Reserve Fleet pursuant to 50 App. U.S.C. 1744.

(2324) 
 § 157.10d Double hulls on tank vessels.
(2325) (a) With the exceptions stated in §157.08(n), this section applies to a tank vessel–

(2326) (1) For which the building contract is awarded after June 30, 1990; or

(2327) (2) That is delivered after December 31, 1993;

(2328) (3) That undergoes a major conversion for which;

(2329) (i) The contract is awarded after June 30, 1990; or

(2330) (ii) Conversion is completed after December 31, 1993; or

(2331) (4) That is otherwise required to have a double hull by 46 U.S.C. 3703a(c).

(2332) NOTE: 46 U.S.C. 3703a(c) is shown in appendix G to this part.

(2333) (b) Each vessel to which this section applies must be fitted with:

(2334) (1) A double hull in accordance with this section; and

(2335) (2) If §157.10 applies, segregated ballast tanks and a crude oil washing system in accordance with that section.

(2336) (c) Except on a vessel to which §157.10d(d) applies, tanks within the cargo tank length that carry any oil must be protected by double sides and a double bottom as follows:

(2337) (1) Double sides must extend for the full depth of the vessel’s side or from the uppermost deck, disregarding a rounded gunwale where fitted, to the top of the double bottom. At any cross section, the molded width of the double side, measured at right angles to the side shell plating, from the side of tanks containing oil to the side shell plating, must not be less than the distance w as shown in Figure 157.10d(c) and specified as follows:

(2338) (i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)] meters; or, w=2.0 meters (79 in.), whichever is less, but in no case less than 1.0 meter (39 in.).

(2339) (ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)] meters, but in no case less than 0.76 meter (30 in.).

(2340) (iii) For a vessel to which Paragraph (a)(4) of this section applies: w=0.76 meter (30 in.), provided that the double side was fitted under a construction or conversion contract awarded prior to June 30, 1990.

(2341) (2) At any cross section, the molded depth of the double bottom, measured at right angles to the bottom shell plating, from the bottom of tanks containing oil to the bottom shell plating, must not be less than the distance h as shown in Figure 157.10d(c) and specified as follows:


(2343) (i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters (79 in.), whichever is less, but in no case less than 1.0 meter (39 in.).

(2344) (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case less than 0.76 meter (30 in.).

(2345) (iii) For a vessel to which Paragraph (a)(4) of this section applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but in no case less than 0.76 meter (30 in.), provided that the double bottom was fitted under a construction or conversion contract awarded prior to June 30, 1990.

(2346) (3) For a vessel built under a contract awarded after September 11, 1992, within the turn of the bilge or at cross sections where the turn of the bilge is not clearly defined, tanks containing oil must be located inboard of the outer shell–

(2347) (i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above the base line, not less than the distance h, as shown in Figure 157.10d(c) and specified in Paragraph (c)(2) of this section. At levels greater than 1.5h above the base line, not less than the distance w, as shown in Figure 157.10d(c) and specified in Paragraph (c)(1) of this section.

(2348) (ii) For a vessel of less than 5,000 DWT: Not less the distance h above the line of the mid-ship flat bottom, as shown in Figure 157.10d(c)(3)(ii) and specified in Paragraph (c)(2) of this section. At levels greater than h above the line of the mid-ship flat bottom, not less than the distance w, as shown in Figure 157.10d(c)(3)(ii) and specified in Paragraph (c)(1) of this section.


(2350) (4) For a vessel to which §157.10(b) applies that is built under a contract awarded after September 11, 1992.

(2351) (i) The aggregate volume of the double sides, double bottom, forepeak tanks, and afterpeak tanks must not be less than the capacity of segregated ballast tanks required under §157.10(b). Segregated ballast tanks that may be provided in addition to those required under §157.10(b) may be located anywhere within the vessel.

(2352) (ii) Double side and double bottom tanks used to meet the requirements of §157.10(b) must be located as uniformly as practicable along the cargo tank length. Large inboard extensions of individual double side and double bottom tanks, which result in a reduction of overall side or bottom protection, must be avoided.

(2353) (d) A vessel of less than 10,000 DWT that is constructed and certificated for service exclusively on inland or limited short protected coastwise routes must be fitted with double sides and a double bottom as follows:

(2354) (1) A minimum of 61 cm. (2 ft.) from the inboard side of the side shell plate, extending the full depth of the side or from the main deck to the top of the double bottom, measured at right angles to the side shell; and

(2355) (2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell plating, along the full breadth of the vessel’s bottom, measured at right angles to the bottom shell.

(2356) (3) For a vessel to which Paragraph (a)(4) of this section applies, the width of the double sides and the depth of the double bottom may be 38 cm. (15 in.), in lieu of the dimensions specified in paragraphs (d)(1) and (d)(2) of this section, provided that the double side and double bottom tanks were fitted under a construction or conversion contract awarded prior to June 30, 1990.

(2357) (4) For a vessel built under a contract awarded after September 11, 1992, a minimum 46 cm. (18 in.) clearance for passage between framing must be maintained throughout the double sides and double bottom.

(2358) (e) Except as provided in Paragraph (e)(3) of this section, a vessel must not carry any oil in any tank extending forward of:

(2359) (1) The collision bulkhead; or

(2360) (2) In the absence of a collision bulkhead, the transverse plane perpendicular to the centerline through a point located:

(2361) (i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel length, but in no case less than 1 meter (39 in.), aft of the forwarded perpendicular;

(2362) (ii) On a vessel of less than 10,000 DWT tons that is constructed and certificated for service exclusively on inland or limited short protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 percent of the vessel length, but in no case less than 61 cm. (2 ft.), aft of the headlog or stem at the freeboard deck; or

(2363) (iii) On each vessel which operates exclusively as a box or trail barge, 61 cm. (2 ft.) aft of the headlog.

(2364) (3) This Paragraph does not apply to independent fuel oil tanks that must be located on or above the main deck within the areas described in paragraphs (e)(1) and (e)(2) of this section to serve adjacent deck equipment that cannot be located further aft. Such tanks must be as small and as far aft as is practicable.

(2365) (f) On each vessel, the cargo tank length must not extend aft to any point closer to the stern than the distance equal to the required width of the double side, as prescribed in §157.10d(c)(1) or §157.10d(d)(1).

(2366) 
 Subpart G – Interim Measures for Certain Tank Vessels Without Double Hulls Carrying Petroleum Oils
(2367) 
 § 157.400 Purpose and applicability.
(2368) (a) The purpose of this subpart is to establish mandatory safety and operational requirements to reduce environmental damage resulting from petroleum oil spills.

(2369) (b) This subpart applies to each tank vessels specified in §157.01 of this part that–

(2370) (1) Is 5,000 gross tons or more;

(2371) (2) Carries petroleum oil in bulk as cargo or oil cargo residue; and

(2372) (3) Is not equipped with a double hull meeting §157.10d of this part, or an equivalent to the requirements of §157.10d, but required to be equipped with a double hull at a date set forth in 46 U.S.C. 3703a (b)(3) and (c)(3).

(2373) 
 § 157.445 Maneuvering performance capability.
(2374) (a) A tankship owner or operator shall ensure that maneuvering tests in accordance with IMO Resolution A.751(18), sections 1.2, 2.3-2.4, 3-4.2, and 5 (with Explanatory Notes in MSC/Circ. 644) have been conducted by July 29, 1997. Completion of maneuvering performance tests must be shown by–

(2375) (1) For a foreign flag tankship, a letter from the flag administration or an authorized classification society, as described in §157.04 of this part, stating the requirements in Paragraph (a) of this section have been met; or

(2376) (2) For a U.S. flag tankship, results from the vessel owner confirming the completion of the tests or a letter from an authorized classification society, as described in §157.04 of this part, stating the requirements in Paragraph (a) of this section have been met.

(2377) (b) If a tankship undergoes a major conversion or alteration affecting the control systems, control surfaces, propulsion system, or other areas which may be expected to alter maneuvering performance, the tankship owner or operator shall ensure that new maneuvering tests are conducted as required by Paragraph (a) of this section.

(2378) (c) If a tankship is one of a class of vessels with identical propulsion, steering, hydrodynamic, and other relevant design characteristics, maneuvering performance test results for any tankship in the class may be used to satisfy the requirements of Paragraph (a) of this section.

(2379) (d) The tankship owner or operator shall ensure that the performance test results, recorded in the format of Appendix 6 of the Explanatory Notes in MSC/Circ. 644., are prominently displayed in the wheelhouse.

(2380) (e) Prior to entering the port or place of destination and prior to getting underway, the tankship master shall discuss the results of the performance tests with the pilot while reviewing the anticipated transit and the possible impact of the tankship’s maneuvering capability on the transit.

(2381) 
 Part 160 – Ports and Waterways Safety-General

(2382) 
 Subpart A – General

(2383) 
 § 160.1 Purpose.
(2384) (a) This subchapter contains regulations implementing the Ports and Waterways Safety Act (33 U.S.C. 1221) and related statutes.

(2385) 
 § 160.3 Definitions.
(2386) For the purposes of this subchapter:

(2387) Bulk means material in any quantity that is shipped, stored, or handled without the benefit of package, label, mark or count and carried in integral or fixed independent tanks.

(2388) Captain of the Port means the Coast Guard officer designated by the Commandant to command a Captain of the Port Zone as described in part 3 of this chapter.

(2389) Commandant means the Commandant of the United States Coast Guard.

(2390) Deviation means any departure from any rule in this subchapter.

(2391) Director, Vessel Traffic Services means the Coast Guard officer designated by the Commandant to command a Vessel Traffic Service (VTS) as described in part 161 of this chapter.

(2392) District Commander means the Coast Guard officer designated by the Commandant to command a Coast Guard District as described in part 3 of this chapter.

(2393) ETA means estimated time of arrival.

(2394) Length of Tow means, when towing with a hawser, the length in feet from the stern of the towing vessel to the stern of the last vessel in tow. When pushing ahead or towing alongside, length of tow means the tandem length in feet of the vessels in tow excluding the length of the towing vessel.

(2395) Person means an individual, firm, corporation, association, partnership, or governmental entity.

(2396) State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas Islands, and any other commonwealth, territory, or possession of the United States.

(2397) Tanker means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous materials in bulk in the cargo spaces.

(2398) Tank Vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.

(2399) Vehicle means every type of conveyance capable of being used as a means of transportation on land.

(2400) Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

(2401) Vessel Traffic Services (VTS) means a service implemented under Part 161 of this chapter by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area.

(2402) Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service as described in Part 161 of this chapter. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements.

(2403) Note: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.

(2404) VTS Special Area means a waterway within a VTS area in which special operating requirements apply.

(2405) 
 § 160.5 Delegations.
(2406) (a) District Commanders and Captains of the Ports are delegated the authority to establish safety zones.

(2407) (b) Under the provisions of 33 CFR 6.04–1 and 6.04–6, District Commanders and Captains of the Ports have been delegated authority to establish security zones.

(2408) (c) Under the provisions 33 CFR §1.05–1, District Commanders have been delegated authority to establish regulated navigation areas.

(2409) (d) Subject to the supervision of the cognizant Captain of the Port and District Commander, Directors, Vessel Traffic Services are delegated authority under 33 CFR 1.01-30 to discharge the duties of the Captain of the Port that involve directing the operation, movement and anchorage of vessels within a Vessel Traffic Service area including management of vessel traffic within anchorages, regulated navigation areas and safety zones, and to enforce Vessel Traffic Service and ports and waterways safety regulations. This authority may be exercised by Vessel Traffic Center personnel. The Vessel Traffic Center may, within the Vessel Traffic Service area, provide information, make recommendations, or to a vessel required under Part 161 of this chapter to participate in a Vessel Traffic Service, issue an order, including an order to operate or anchor as directed; require the vessel to comply with orders issued; specify times of entry, movement or departure; restrict operations as necessary for safe operation under the circumstances; or take other action necessary for control of the vessel and the safety of the port or of the marine environment.

(2410) 
 § 160.7 Appeals.
(2411) (a) Any person directly affected by a safety zone or an order or direction issued under this subchapter (33 CFR Subchapter P) may request reconsideration by the official who issued it or in whose name it was issued. This request may be made orally or in writing, and the decision of the official receiving the request may be rendered orally or in writing.

(2412) (b) Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a Captain of the Port may appeal to the District Commander through the Captain of the Port. The appeal must be in writing, except as allowed under paragraph (e) of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the District Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the District Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the District Commander may, as a matter of discretion, allow oral presentation on the issues.

(2413) (c) Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a District Commander, or who receives an unfavorable ruling on an appeal taken under paragraph (b) of this section may appeal to the Area Commander through the District Commander. The appeal must be in writing, except as allowed under paragraph (e) of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the Area Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the Area Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the Area Commander may, as a matter of discretion, allow oral presentation on the issues.

(2414) (d) Any person who receives an unfavorable ruling on an appeal taken under paragraph (c) of this section, may appeal to the Commandant (CG–5P), Attn: Assistant Commandant for Prevention, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593–7501. The appeal must be in writing, except as allowed under paragraph (e) of this section. The Area Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph (c) of this section was made, and any comments which might be relevant, to the Assistant Commandant for Prevention. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded 5 working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Prevention. The decision of the Assistant Commandant for Prevention is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Prevention is issued in writing and constitutes final agency action.

(2415) (e) If the delay in presenting a written appeal would have significant adverse impact on the appellant, the appeal under paragraphs (b) and (c) of this section may initially be presented orally. If an initial presentation of the appeal is made orally, the appellant must submit the appeal in writing within five days of the oral presentation to the Coast Guard official to whom the presentation was made. The written appeal must contain, at a minimum, the basis for the appeal and a summary of the material presented orally. If requested, the official to whom the appeal is directed may stay the effect of the action while the ruling is being appealed.

(2416) 
 Subpart B – Control of Vessel and Facility Operations

(2417) 
 § 160.101 Purpose.
(2418) This subpart describes the authority exercised by District Commanders and Captains of the Ports to insure the safety of vessels and waterfront facilities, and the protection of the navigable waters and the resources therein. The controls described in this subpart are directed to specific situations and hazards.

(2419) 
 § 160.103 Applicability.
(2420) (a) This subpart applies to any–

(2421) (1) Vessel on the navigable waters of the United States, except as provided in paragraphs (b) and (c) of this section;

(2422) (2) Bridge or other structure on or in the navigable waters of the United States; and

(2423) (3) Land structure or shore area immediately adjacent to the navigable waters of the United States.

(2424) (b) This subpart does not apply to any vessel on the Saint Lawrence Seaway.

(2425) (c) Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this subpart does not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in:

(2426) (1) Innocent passage through the territorial sea of the United States;

(2427) (2) Transit through the navigable waters of the United States which form a part of an international strait.

(2428) 
 § 160.105 Compliance with orders.
(2429) Each person who has notice of the terms of an order issued under this subpart must comply with that order.

(2430) 
 § 160.107 Denial of entry.
(2431) Each District Commander or Captain of the Port, subject to recognized principles of international law, may deny entry into the navigable waters of the United States or to any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, to any vessel not in compliance with the provisions of the Port and Tanker Safety Act (33 U.S.C. 1221–1232) or the regulations issued thereunder.

(2432) 
 § 160.109 Waterfront facility safety.
(2433) (a) To prevent damage to, or destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters, and to protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss, each District Commander or Captain of the Port may–

(2434) (1) Direct the handling, loading, unloading, storage, stowage, and movement (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in 46 U.S.C. 2101 on any structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and

(2435) (2) Conduct examinations to assure compliance with the safety equipment requirements for structures.

(2436) 
 § 160.111 Special orders applying to vessel operations.
(2437) Each District Commander or Captain of the Port may order a vessel to operate or anchor in the manner directed when–

(2438) (a) The District Commander or Captain of the Port has reasonable cause to believe that the vessel is not in compliance with any regulation, law or treaty;

(2439) (b) The District Commander or Captain of the Port determines that the vessel does not satisfy the conditions for vessel operation and cargo transfers specified in §160.113; or

(2440) (c) The District Commander or Captain of the Port has determined that such order is justified in the interest of safety by reason of weather, visibility, sea conditions, temporary port congestion, other temporary hazardous circumstances, or the condition of the vessel.

(2441) 
 § 160.113 Prohibition of vessel operation and cargo transfers.
(2442) (a) Each District Commander or Captain of the Port may prohibit any vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code, from operating in the navigable waters of the United States, or from transferring cargo or residue in any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, if the District Commander or the Captain of the Port determines that the vessel’s history of accidents, pollution incidents, or serious repair problems creates reason to believe that the vessel may be unsafe or pose a threat to the marine environment.

(2443) (b) The authority to issue orders prohibiting operation of the vessels or transfer of cargo or residue under Paragraph (a) of this section also applies if the vessel:

(2444) (1) Fails to comply with any applicable regulation;

(2445) (2) Discharges oil or hazardous material in violation of any law or treaty of the United States;

(2446) (3) Does not comply with applicable vessel traffic service requirements;

(2447) (4) While underway, does not have at least one deck officer on the navigation bridge who is capable of communicating in the English language.

(2448) (c) When a vessel has been prohibited from operating in the navigable waters of the United States under paragraphs (a) or (b) of this section, the District Commander or Captain of the Port may allow provisional entry into the navigable waters of the United States, or into any port or place under the jurisdiction of the United States and within the district or zone of that District Commander or Captain of the Port, if the owner or operator of such vessel proves to the satisfaction of the District Commander or Captain of the Port, that the vessel is not unsafe or does not pose a threat to the marine environment, and that such entry is necessary for the safety of the vessel or the persons on board.

(2449) (d) A vessel which has been prohibited from operating in the navigable waters of the United States, or from transferring cargo or residue in a port or place under the jurisdiction of the United States under the provisions of Paragraph (a) or (b)(1), (2) or (3) of this section, may be allowed provisional entry if the owner or operator proves, to the satisfaction of the District Commander or Captain of the Port that has jurisdiction, that the vessel is no longer unsafe or a threat to the environment, and that the condition which gave rise to the prohibition no longer exists.

(2450) 
 § 160.115 Withholding of clearance.
(2451) (a) Each District Commander or Captain of the Port may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. App. 91 of any vessel, the owner or operator of which is subject to any penalties under 33 U.S.C. 1232.

(2452) 
 Subpart C – Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes

(2453) 
 § 160.201 General.
(2454) This subpart contains requirements and procedures for submitting a notice of arrival (NOA), and a notice of hazardous condition. The sections in this subpart describe:

(2455) (a) Applicability and exemptions from requirements in this subpart;

(2456) (b) Required information in an NOA;

(2457) (c) Required updates to an NOA;

(2458) (d) Methods and times for submission of an NOA, and updates to an NOA;

(2459) (e) How to obtain a waiver; and

(2460) (f) Requirements for submission of the notice of hazardous condition.

(2461) Note to §160.201. For notice-of-arrival requirements for the U.S. Outer Continental Shelf, see 33 CFR part 146.

(2462) 
 § 160.202 Definitions.
(2463) Terms in this subpart that are not defined in this section or in §160.3 have the same meaning as those terms in 46 U.S.C. 2101. As used in this subpart—

(2464) Agent means any person, partnership, firm, company or corporation engaged by the owner or charterer of a vessel to act in their behalf in matters concerning the vessel.

(2465) Barge means a non-self propelled vessel engaged in commerce.

(2466) Boundary waters mean the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.

(2467) Carried in bulk means a commodity that is loaded or carried on board a vessel without containers or labels and received and handled without mark or count.

(2468) Certain dangerous cargo (CDC) includes any of the following:

(2469) (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.

(2470) (2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(2471) (3) Division 2.3 “poisonous gas” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per vessel.

(2472) (4) Division 5.1 oxidizing materials for which a permit is required under 49 CFR 176.415 or for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(2473) (5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per vessel when not in a bulk packaging.

(2474) (6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment” as defined in 49 CFR 173.403.

(2475) (7) All bulk liquefied gas cargo carried under 46 CFR 151.50-31 or listed in 46 CFR 154.7 that is flammable and/or toxic and that is not carried as certain dangerous cargo residue (CDC residue).

(2476) (8) The following bulk liquids except when carried as CDC residue:

(2477) (i) Acetone cyanohydrin;

(2478) (ii) Allyl alcohol;

(2479) (iii) Chlorosulfonic acid;

(2480) (iv) Crotonaldehyde;

(2481) (v) Ethylene chlorohydrin;

(2482) (vi) Ethylene dibromide;

(2483) (vii) Methacrylonitrile;

(2484) (viii) Oleum (fuming sulfuric acid); and

(2485) (ix) Propylene oxide, alone or mixed with ethylene oxide.

(2486) (9) The following bulk solids:

(2487) (i) Ammonium nitrate listed as Division 5.1 (oxidizing) material in 49 CFR 172.101 except when carried as CDC residue; and

(2488) (ii) Ammonium nitrate based fertilizer listed as a Division 5.1 (oxidizing) material in 49 CFR 172.101 except when carried as CDC residue.

(2489) Certain dangerous cargo residue (CDC residue) includes any of the following:

(2490) (1) Ammonium nitrate in bulk or ammonium nitrate based fertilizer in bulk remaining after all saleable cargo is discharged, not exceeding 1,000 pounds in total and not individually accumulated in quantities exceeding two cubic feet.

(2491) (2) For bulk liquids and liquefied gases, the cargo that remains onboard in a cargo system after discharge that is not accessible through normal transfer procedures, with the exception of the following bulk liquefied gas cargoes carried under 46 CFR 151.50-31 or listed in 46 CFR 154.7:

(2492) (i) Ammonia, anhydrous;

(2493) (ii) Chlorine;

(2494) (iii) Ethane;

(2495) (iv) Ethylene oxide;

(2496) (v) Methane (LNG);

(2497) (vi) Methyl bromide;

(2498) (vii) Sulfur dioxide; and

(2499) (viii) Vinyl chloride.

(2500) Charterer means the person or organization that contracts for the majority of the carrying capacity of a ship for the transportation of cargo to a stated port for a specified period. This includes “time charterers” and “voyage charterers.”

(2501) Crewmember means all persons carried on board the vessel to provide navigation and maintenance of the vessel, its machinery, systems, and arrangements essential for propulsion and safe navigation or to provide services for other persons on board.

(2502) Embark means when a crewmember or a person in addition to the crew joins the vessel.

(2503) Ferry schedule means a published document that:

(2504) (1) Identifies locations a ferry travels to and from;

(2505) (2) Lists the times of departures and arrivals; and

(2506) (3) Identifies the portion of the year in which the ferry maintains this schedule.

(2507) Foreign vessel means a vessel of foreign registry or operated under the authority of a country except the United States.

(2508) Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far as Saint Regis, and adjacent port areas.

(2509) Gross tons means the tonnage determined by the tonnage authorities of a vessel’s flag state in accordance with the national tonnage rules in force before the entry into force of the International Convention on Tonnage Measurement of Ships, 1969 (“Convention”). For a vessel measured only under Annex I of the Convention, gross tons means that tonnage. For a vessel measured under both systems, the higher gross tonnage is the tonnage used for the purposes of the 300-gross-ton threshold.

(2510) Hazardous condition means any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States. It may, but need not, involve collision, allision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or manning-shortage.

(2511) Nationality means the state (nation) in which a person is a citizen or to which a person owes permanent allegiance.

(2512) Operating exclusively within a single Captain of the Port zone refers to vessel movements within the boundaries of a single COTP zone, e.g. from one dock to another, one berth to another, one anchorage to another, or any combination of such transits. Once a vessel has arrived in a port in a COPT zone, it would not be considered as departing from a port or place simply because of its movements within that specific port.

(2513) Operator means any person including, but not limited to, an owner, a charterer, or another contractor who conducts, or is responsible for, the operation of a vessel.

(2514) Persons in addition to crewmembers mean any person onboard the vessel, including passengers, who are not included on the list of crewmembers.

(2515) Port or place of departure means any port or place in which a vessel is anchored or moored.

(2516) Port or place of destination means any port or place in which a vessel is bound to anchor or moor.

(2517) Public vessel means a vessel that is owned or demise-(bareboat) chartered by the government of the United States, by a State or local government, or by the government of a foreign country and that is not engaged in commercial service.

(2518) Time charterer means the party who hires a vessel for a specific amount of time. The owner and his crew manage the vessel, but the charterer selects the ports of destination.

(2519) Voyage charterer means the party who hires a vessel for a single voyage. The owner and his crew manage the vessel, but the charterer selects the ports of destination.

(2520) 
 § 160.203 Applicability.
(2521) (a) This subpart applies to the following vessels that are bound for or departing from ports or places within the navigable waters of the United States, as defined in 33 CFR 2.36(a), which includes internal waters and the territorial seas of the United States, and any deepwater port as defined in 33 CFR 148.5:

(2522) (1) U.S. vessels in commercial service, and

(2523) (2) All foreign vessels.

(2524) (b) Unless otherwise specified in this subpart, the owner, agent, master, operator, or person in charge of a vessel regulated by this subpart is responsible for compliance with the requirements in this subpart.

(2525) (c) Towing vessels controlling a barge or barges required to submit an NOA under this subpart must submit only one NOA containing the information required for the towing vessel and each barge under its control.

(2526) 
 § 160.204 Exemptions and exceptions.
(2527) (a) Except for reporting notice of hazardous conditions, the following vessels are exempt from requirements in this subpart:

(2528) (1) A passenger or offshore supply vessel when employed in the exploration for or in the removal of oil, gas, or mineral resources on the continental shelf.

(2529) (2) An oil spill response vessel (OSRV) when engaged in actual spill response operations or during spill response exercises.

(2530) (3) After December 31, 2015, a vessel required by 33 CFR 165.830 or 165.921 to report its movements, its cargo, or the cargo in barges it is towing.

(2531) (4) A United States or Canadian vessel engaged in the salving operations of any property wrecked, or rendering aid and assistance to any vessels wrecked, disabled, or in distress, in waters specified in Article II of the 1908 Treaty of Extradition, Wrecking and Salvage (35 Stat. 2035; Treaty Series 502).

(2532) (5) The following vessels neither carrying certain dangerous cargo nor controlling another vessel carrying certain dangerous cargo:

(2533) (i) A foreign vessel 300 gross tons or less not engaged in commercial service.

(2534) (ii) A vessel operating exclusively within a single Captain of the Port zone. Captain of the Port zones are defined in 33 CFR part 3.

(2535) (iii) A U.S. towing vessel and a U.S. barge operating solely between ports or places of the contiguous 48 states, Alaska, and the District of Columbia.

(2536) (iv) A public vessel.

(2537) (v) Except for a tank vessel, a U.S. vessel operating solely between ports or places of the United States on the Great Lakes.

(2538) (vi) A U.S. vessel 300 gross tons or less, engaged in commercial service not coming from a foreign port or place.

(2539) (vii) Each ferry on a fixed route that is described in an accurate schedule that is submitted by the ferry operator, along with information in paragraphs (a)(5)(vii)(A) through (J) of this section, to the Captain of the Port for each port or place of destination listed in the schedule at least 24 hours in advance of the first date and time of arrival listed on the schedule. At least 24 hours before the first date and time of arrival listed on the ferry schedule, each ferry operator who submits a schedule under paragraph (a)(5)(vii) of this section must also provide the following information to the Captain of the Port for each port or place of destination listed in the schedule for the ferry, and if the schedule or the following submitted information changes, the ferry operator must submit an updated schedule at least 24 hours in advance of the first date and time of arrival listed on the new schedule and updates on the following items whenever the submitted information is no longer accurate:

(2540) (A) Name of the vessel;

(2541) (B) Country of registry of the vessel;

(2542) (C) Call sign of the vessel;

(2543) (D) International Maritime Organization (IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

(2544) (E) Name of the registered owner of the vessel;

(2545) (F) Name of the operator of the vessel;

(2546) (G) Name of the vessel’s classification society or recognized organization, if applicable;

(2547) (H) Each port or place of destination;

(2548) (I) Estimated dates and times of arrivals at and departures from these ports or places; and

(2549) (J) Name and telephone number of a 24-hour point of contact.

(2550) (6) From April 30, 2015 through December 31, 2015, vessels identified as being subject to 33 CFR 165.830 or 165.921.

(2551) (b) A vessel less than 500 gross tons is not required to submit the International Safety Management (ISM) Code Notice (Entry 7 in Table 160.206 of §160.206).

(2552) (c) A U.S. vessel is not required to submit the International Ship and Port Facility Security (ISPS) Code Notice information (Entry 8 in Table 160.206 of §160.206).

(2553) 
 § 160.205 Notices of arrival.
(2554) The owner, agent, Master, operator, or person in charge of a vessel must submit notices of arrival consistent with the requirements in this subpart.

(2555) 
 § 160.206 Information required in an NOA.
(2556) (a) Information required. With the exceptions noted in paragraph (b) of this section, each NOA must contain all of the information items specified in Table 160.206. Vessel owners and operators should protect any personal information they gather in preparing notices for transmittal to the National Vessel Movement Center (NVMC) to prevent unauthorized disclosure of that information.

(2557) (b) Exceptions. If a crewmember or person on board other than a crewmember is not required to carry a passport for travel, then passport information required in Table 160.206 by items (4)(iv) and (5)(iv) need not be provided for that person.


(2559) 
 § 160.208 Updates to a submitted NOA.
(2560) (a) Unless otherwise specified in this section, whenever events cause NOA information submitted for a vessel to become inaccurate, or the submitter to realize that data submitted was inaccurate, the owner, agent, Master, operator, or person in charge of that vessel must submit an update within the times required in §160.212.

(2561) (b) Changes in the following information need not be reported:

(2562) (1) Changes in arrival or departure times that are less than six (6) hours;

(2563) (2) Changes in vessel location or position of the vessel at the time of reporting (entry (2)(vi) to Table 160.206); and

(2564) (3) Changes to crewmembers’ position or duties on the vessel (entry (4)(vii) to Table 160.206).

(2565) (c) When reporting updates, revise and resubmit the NOA.

(2566) 
 § 160.210 Methods for submitting an NOA.
(2567) (a) National Vessel Movement Center (NVMC). Except as otherwise provided in this paragraph or paragraph (b) of this section, vessels must submit NOA information required by §160.206 to the NVMC using methods currently specified at www.nvmc.uscg.gov which includes submission through the NVMC electronic Notice of Arrival and Departure (eNOAD) World Wide Web site, and XML, which includes the Excel Workbook format. These data may also be submitted using other methods that may be added as future options on www.nvmc.uscg.gov. XML spreadsheets may be submitted via email to enoad@nvmc.uscg.gov. If a vessel operator must submit an NOA or an update, for a vessel in an area without internet access or when experiencing technical difficulties with an onboard computer, and he or she has no shore-side support available, the vessel operator may fax or phone the submission to the NVMC. Fax at 1–800–547–8724 or 304–264–2684. Workbook available at www.nvmc.uscg.gov; or, telephone at 1–800–708–9823 or 304–264–2502.

(2568) (b) Saint Lawrence Seaway. Those vessels transiting the Saint Lawrence Seaway inbound, bound for a port or place in the United States, may meet the submission requirements of paragraph (a) of this section by submitting the required information to the Saint Lawrence Seaway Development Corporation and the Saint Lawrence Seaway Management Corporation of Canada using methods specified at www.nvmc.uscg.gov.

(2569) 
 § 160.212 When to submit an NOA.
(2570) (a) Submission of an NOA. (1) Except as set out in paragraphs (a)(2) and (a)(3) of this section, all vessels must submit NOAs within the times required in paragraph (a)(4) of this section.

(2571) (2) Towing vessels, when in control of a vessel carrying CDC and operating solely between ports or places of the contiguous 48 states, Alaska, and the District of Columbia, must submit an NOA before departure but at least 12 hours before arriving at the port or place of destination.

(2572) (3) U.S. vessels 300 gross tons or less, arriving from a foreign port or place, and whose voyage time is less than 24 hours must submit an NOA at least 60 minutes before departure from the foreign port or place. Also, Canadian vessels 300 gross tons or less, arriving directly from Canada, via boundary waters, to a United States port or place on the Great Lakes, whose voyage time is less than 24 hours must submit an NOA at least 60 minutes before departure from the Canadian port or place.

(2573) (4) Times for submitting NOAs are as follows:

(2574)


(2575) (b) Submission of updates to an NOA. (1) Except as set out in paragraphs (b)(2) and (b)(3) of this section, vessels must submit updates in NOA information within the times required in paragraph (b)(4) of this section.

(2576) (2) Towing vessels, when in control of a vessel carrying CDC and operating solely between ports or places in the contiguous 48 states, Alaska, and the District of Columbia, must submit changes to an NOA as soon as practicable but at least 6 hours before entering the port or place of destination.

(2577) (3) U.S. vessels 300 gross tons or less, arriving from a foreign port or place, whose voyage time is—

(2578) (i) Less than 24 hours but greater than 6 hours, must submit updates to an NOA as soon as practicable, but at least 6 hours before entering the port or place of destination.

(2579) (ii) Less than or equal to 6 hours, must submit updates to an NOA as soon as practicable, but at least 60 minutes before departure from the foreign port or place.

(2580) (4) Times for submitting updates to NOAs are as follows:

(2581)


(2582) 
 § 160.214 Waivers.
(2583) The Captain of the Port may waive, within that Captain of the Port’s designated zone, any of the requirements of this subpart for any vessel or class of vessels upon finding that the vessel, route area of operations, conditions of the voyage, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of safety, environmental protection, or national security.

(2584) 
 § 160.215 Force majeure.
(2585) When a vessel is bound for a port or place of the United States under force majeure, it must comply with the requirements in this section, but not other sections of this subpart. The vessel must report the following information to the nearest Captain of the Port as soon as practicable:

(2586) (a) The vessel Master's intentions;

(2587) (b) Any hazardous conditions as defined in §160.202; and

(2588) (c) If the vessel is carrying certain dangerous cargo or controlling a vessel carrying certain dangerous cargo, the amount and name of each CDC carried, including cargo UN number if applicable.

(2589) 
 § 160.216 Notice of hazardous conditions.
(2590) (a) Whenever there is a hazardous condition either on board a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge must immediately notify the nearest Coast Guard Sector Office or Group Office, and in addition submit any report required by 46 CFR 4.05-10.

(2591) (b) When the hazardous condition involves cargo loss or jettisoning as described in 33 CFR 97.115, the notification required by paragraph (a) of this section must include—

(2592) (1) What was lost, including a description of cargo, substances involved, and types of packages;

(2593) (2) How many were lost, including the number of packages and quantity of substances they represent;

(2594) (3) When the incident occurred, including the time of the incident or period of time over which the incident occurred;

(2595) (4) Where the incident occurred, including the exact or estimated location of the incident, the route the ship was taking, and the weather (wind and sea) conditions at the time or approximate time of the incident; and

(2596) (5) How the incident occurred, including the circumstances of the incident, the type of securing equipment that was used, and any other material failures that may have contributed to the incident.

(2597) 
 Part 161 – Vessel Traffic Management

(2598) 
 Subpart A – Vessel Traffic Services

(2599) 
 < Chart Chart>

(2600) 
 § 161.1 Purpose and Intent.
(2601) (a) The purpose of this part is to promulgate regulations implementing and enforcing certain sections of the Ports and Waterways Safety Act (PWSA) setting up a national system of Vessel Traffic Services that will enhance navigation, vessel safety, and marine environmental protection and promote safe vessel movement by reducing the potential for collisions, rammings, and groundings, and the loss of lives and property associated with these incidents within VTS areas established hereunder.

(2602) (b) Vessel Traffic Services provide the mariner with information related to the safe navigation of a waterway. This information, coupled with the mariner’s compliance with the provisions set forth in this part, enhances the safe routing of vessels through congested waterways or waterways of particular hazard. Under certain circumstances, a VTS may issue directions to control the movement of vessels in order to minimize the risk of collision between vessels, or damage to property or the environment.

(2603) (c) The owner, operator, charterer, master, or person directing the movement of a vessel remains at all times responsible for the manner in which the vessel is operated and maneuvered, and is responsible for the safe navigation of the vessel under all circumstances. Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of safe navigation.

(2604) (d) Nothing in this part is intended to relieve any vessel, owner, operator, charterer, master, or person directing the movement of a vessel from the consequences of any neglect to comply with this part or any other applicable law or regulations (e.g., the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(2605) 
 § 161.2 Definitions.
(2606) For the purposes of this part:

(2607) Cooperative Vessel Traffic Services (CVTS) means the system of vessel traffic management established and jointly operated by the United States and Canada within adjoining waters. In addition, CVTS facilitates traffic movement and anchorages, avoids jurisdictional disputes, and renders assistance in emergencies in adjoining United States and Canadian waters.

(2608) Hazardous Vessel Operating Condition means any condition related to a vessel’s ability to safely navigate or maneuver, and includes, but is not limited to:

(2609) (1) The absence or malfunction of vessel operating equipment, such as propulsion machinery, steering gear, radar system, gyrocompass, depth sounding device, automatic radar plotting aid (ARPA), radiotelephone, automated dependent surveillance equipment, navigational lighting, sound signaling devices or similar equipment.

(2610) (2) Any condition on board the vessel likely to impair navigation, such as lack of current nautical charts and publications, personnel shortage, or similar condition.

(2611) (3) Vessel characteristics that affect or restrict maneuverability, such as cargo or tow arrangement, trim, loaded condition, underkeel or overhead clearance, speed capabilities, power availability, or similar characteristics, which may affect the positive control or safe handling of the vessel or the tow.

(2612) Precautionary Area means a routing measure comprising an area within defined limits where vessels must navigate with particular caution and within which the direction of traffic may be recommended.

(2613) Navigable waters means all navigable waters of the United States including the territorial sea of the United States, extending to 12 nautical miles from United States baselines, as described in Presidential Proclamation No. 5928 of December 27, 1988.

(2614) Towing Vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.

(2615) Vessel Movement Center (VMC) means the shore-based facility that operates the vessel tracking system for a Vessel Movement Reporting System (VMRS) area or sector within such an area. The VMC does not necessarily have the capability or qualified personnel to interact with marine traffic, nor does it necessarily respond to traffic situations developing in the area, as does a Vessel Traffic Service (VTS).

(2616) Vessel Movement Reporting System (VMRS) means a mandatory reporting system used to monitor and track vessel movements. This is accomplished by a vessel providing information under established procedures as set forth in this part in the areas defined in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

(2617) Vessel Movement Reporting System (VMRS) User means a vessel, or an owner, operator, charterer, Master, or person directing the movement of a vessel that is required to participate in a VMRS.

(2618) Vessel Traffic Center (VTC) means the shore-based facility that operates the vessel traffic service for the Vessel Traffic Service area or sector within such an area.

(2619) Vessel Traffic Services (VTS) means a service implemented by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area.

(2620) Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements.

(2621) Note: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.

(2622) VTS Special Area means a waterway within a VTS area in which special operating requirements apply.

(2623) ​VTS User means a vessel or an owner, operator, charterer, Master, or person directing the movement of a vessel within a VTS area that is:

(2624) (1) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act;

(2625) (2) Required to participate in a VMRS; or

(2626) (3) Equipped with a required Coast Guard type-approved Automatic Identification System (AIS).

(2627) VTS User’s Manual means the manual established and distributed by the VTS to provide the mariner with a description of the services offered and rules in force for that VTS. Additionally, the manual may include chartlets showing the area and sector boundaries, general navigational information about the area, and procedures, radio frequencies, reporting provisions and other information which may assist the mariner while in the VTS area.

(2628) 
 § 161.3 Applicability.
(2629) The provisions of this subpart shall apply to each VTS User and may also apply to any vessel while underway or at anchor on the navigable waters of the United States within a VTS area, to the extent the VTS considers necessary.

(2630) 
 § 161.4 Requirement to carry the rules.
(2631) Each VTS User shall carry on board and maintain for ready reference a copy of these rules.

(2632) Note: These rules are contained in the applicable U.S. Coast Pilot, the VTS User’s Manual which may be obtained by contacting the appropriate VTS, and periodically published in the Local Notice to Mariners. The VTS User’s Manual and the World VTS Guide, an International Maritime Organization (IMO) recognized publication, contain additional information which may assist the prudent mariner while in the appropriate VTS area.

(2633) 
 § 161.5 Deviations from the rules.
(2634) (a) Requests to deviate from any provision in this part, either for an extended period of time or if anticipated before the start of a transit, must be submitted in writing to the appropriate District Commander. Upon receipt of the written request, the District Commander may authorize a deviation if it is determined that such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. An application for an authorized deviation must state the need and fully describe the proposed alternative to the required measure.

(2635) (b) Requests to deviate from any provision in this part due to circumstances that develop during a transit or immediately preceding a transit may be made to the appropriate Vessel Traffic Center (VTC). Requests to deviate must be made as far in advance as practicable. Upon receipt of the request, the VTC may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances.

(2636) 
 § 161.6 Preemption.
(2637) The regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v. Locke, 529 U.S. 89 (2000), that by enacting Chapter 25 of the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.), Congress intended that Coast Guard regulations preempt State laws or regulations regarding vessel traffic services in United States ports and waterways.

(2638) 
 Services, VTS Measures, and Operating Requirements

(2639) 
 § 161.10 Services.
(2640) To enhance navigation and vessel safety, and to protect the marine environment, a VTS may issue advisories, or respond to vessel requests for information, on reported conditions within the VTS area, such as:

(2641) (a) Hazardous conditions or circumstances;

(2642) (b) Vessel congestion;

(2643) (c) Traffic density;

(2644) (d) Environmental conditions;

(2645) (e) Aids to navigation status;

(2646) (f) Anticipated vessel encounters;

(2647) (g) Another vessel’s name, type, position, hazardous vessel operating conditions, if applicable, and intended navigation movements, as reported;

(2648) (h) Temporary measures in effect;

(2649) (i) A description of local harbor operations and conditions, such as ferry routes, dredging, and so forth;

(2650) (j) Anchorage availability; or

(2651) (k) Other information or special circumstances.

(2652) 
 § 161.11 VTS measures.
(2653) (a) A VTS may issue measures or directions to enhance navigation and vessel safety and to protect the marine environment, such as, but not limited to:

(2654) (1) Designating temporary reporting points and procedures;

(2655) (2) Imposing vessel operating requirements; or

(2656) (3) Establishing vessel traffic routing schemes.

(2657) (b) During conditions of vessel congestion, restricted visibility, adverse weather, or other hazardous circumstances, a VTS may control, supervise, or otherwise manage traffic, by specifying times of entry, movement, or departure to, from, or within a VTS area.

(2658) 
 § 161.12 Vessel operating requirements.
(2659) (a) Subject to the exigencies of safe navigation, a VTS User shall comply with all measures established or directions issued by a VTS.

(2660) (b) If, in a specific circumstance, a VTS User is unable to safely comply with a measure or direction issued by the VTS, the VTS User may deviate only to the extent necessary to avoid endangering persons, property or the environment. The deviation shall be reported to the VTS as soon as is practicable.

(2661) (c) When not exchanging communications, a VTS User must maintain a listening watch as required by §26.04(e) of this chapter on the VTS frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VTS User must respond promptly when hailed and communicate in the English language.

(2662) Note to §161.12(c): As stated in 47 CFR 80.148(b), a very high frequency watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency.

(2663) (d) As soon as practicable, a VTS User shall notify the VTS of any of the following:

(2664) (1) A marine casualty as defined in 46 CFR 4.05-1;

(2665) (2) Involvement in the ramming of a fixed or floating object;

(2666) (3) A pollution incident as defined in §151.15 of this chapter:

(2667) (4) A defect or discrepancy in an aid to navigation;

(2668) (5) A hazardous condition as defined in §160.202 of this chapter;

(2669) (6) Improper operation of vessel equipment required by Part 164 of this chapter;

(2670) (7) A situation involving hazardous materials for which a report is required by 49 CFR 176.48; and

(2671) (8) A hazardous vessel operating condition as defined in §161.2.

(2672) 
 § 161.13 VTS Special Area Operating Requirements.
(2673) The following operating requirements apply within a VTS Special Area:

(2674) (a) A VTS User shall, if towing astern, do so with as short a hawser as safety and good seamanship permits.

(2675) (b) A VMRS User shall: (1) Not enter or get underway in the area without prior approval of the VTS;

(2676) (2) Not enter a VTS Special Area if a hazardous vessel operating condition or circumstance exists;

(2677) (3) Not meet, cross, or overtake any other VMRS User in the area without prior approval of the VTS; and

(2678) (4) Before meeting, crossing, or overtaking any other VMRS User in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules.



(2681) 
 Subpart B – Vessel Movement Reporting System

(2682) 
 § 161.15 Purpose and Intent.
(2683) (a) A Vessel Movement Reporting System (VMRS) is a system used to monitor and track vessel movements within a VTS or VMRS area. This is accomplished by requiring that vessels provide information under established procedures as set forth in this part, or as directed by the Center.

(2684) (b) To avoid imposing an undue reporting burden or unduly congesting radiotelephone frequencies, reports shall be limited to information which is essential to achieve the objectives of the VMRS. These reports are consolidated into three reports (sailing plan, position, and final).

(2685) 
 § 161.16 Applicability.
(2686) Unless otherwise stated, the provisions of this subpart apply to the following vessels and VMRS Users:

(2687) (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating;

(2688) (b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating; or

(2689) (c) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade.

(2690) 
 § 161.17 Definitions.
(2691) As used in the subpart:

(2692) Center means a Vessel Traffic Center or Vessel Movement Center.

(2693) Published means available in a widely-distributed and publicly available medium (e.g., VTS User’s Manual, ferry schedule, Notice to Mariners).

(2694) 
 § 161.18 Reporting requirements.
(2695) (a) A Center may: (1) Direct a vessel to provide any of the information set forth in Table 161.18(a) (IMO Standard Ship Reporting System);


(2697) (2) Establish other means of reporting for those vessels unable to report on the designated frequency; or

(2698) (3) Require reports from a vessel in sufficient time to allow advance vessel traffic planning.

(2699) (b) All reports required by this part shall be made as soon as is practicable on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

(2700) (c) When not exchanging communications, a VMRS User must maintain a listening watch as described in §26.04(e) of this chapter on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VMRS User must respond promptly when hailed and communicate in the English language.

(2701) Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency.

(2702) (d) A vessel must report:

(2703) (1) Any significant deviation from its Sailing Plan, as defined in §161.19, or from previously reported information; or

(2704) (2) Any intention to deviate from a VTS issued measure or vessel traffic routing system.

(2705) (e) When reports required by this part include time information, such information shall be given using the local time zone in effect and the 24-hour military clock system.

(2706) 
 § 161.19 Sailing Plan (SP).
(2707) Unless otherwise stated, at least 15 minutes before navigating a VTS area, a vessel must report the:

(2708) (a) Vessel name and type;

(2709) (b) Position;

(2710) (c) Destination and ETA;

(2711) (d) Intended route;

(2712) (e) Time and point of entry; and

(2713) (f) Certain dangerous cargo on board or in its tow, as defined in §160.204 of this subchapter.

(2714) 
 § 161.20 Position Report (PR).
(2715) A vessel must report its name and position:

(2716) (a) Upon point of entry into a VMRS area;

(2717) (b) At designated points as set forth in Subpart C; or

(2718) (c) When directed by the Center.

(2719) 
 § 161.21 Automated reporting.
(2720) (a) Unless otherwise directed, vessels equipped with an Automatic Identification System (AIS) are required to make continuous, all stations, AIS broadcasts, in lieu of voice Position Reports, to those Centers denoted in Table 161.12(c) of this part.

(2721) (b) Should an AIS become non-operational, while or prior to navigating a VMRS area, it should be restored to operating condition as soon as possible, and, until restored a vessel must:

(2722) (1) Notify the Center;

(2723) (2) Make voice radio Position Reports at designated reporting points as required by §161.20(b) of this part; and

(2724) (3) Make any other reports as directed by the Center.

(2725) 
 § 161.22 Final Report (FR).
(2726) A vessel must report its name and position:

(2727) (a) On arrival at its destination; or

(2728) (b) When leaving a VTS area.

(2729) 
 § 161.23 Reporting exemptions.
(2730) (a) Unless otherwise directed, the following vessels are exempted from providing Position and Final Reports due to the nature of their operation:

(2731) (1) Vessels on a published schedule and route;

(2732) (2) Vessels operating within an area of a radius of three nautical miles or less; or

(2733) (3) Vessels escorting another vessel or assisting another vessel in maneuvering procedures.

(2734) (b) A vessel described in Paragraph (a) of this section must:

(2735) (1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes before navigating within the VMRS area; and

(2736) (2) If it departs from its promulgated schedule by more than 15 minutes or changes its limited operating area, make the established VMRS reports, or report as directed.

(2737) 
 Subpart C – Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points

(2738) Note: All geographic coordinates contained in part 161 (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).

(2739) 
 § 161.50 Vessel Traffic Service San Francisco.
(2740) The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge and the Petaluma River Entrance Channel Daybeacon 19 and Petaluma River Entrance Channel Light 20 and north of the Dunbarton Bridge; its seaward approaches within a 38 nautical mile radius of Mount Tamalpais (37°55.8'N., 122°34.6'W.); and its navigable tributaries as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River.

(2741) 
 § 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region.
(2742) The Vessel Traffic Service Puget Sound area consists of the U.S. navigable waters of the Salish Sea from a line drawn from the Washington State coastline at 48°23.133′N., 124°43.616′W. on Cape Flattery to the Cape Flattery Light at 48°23.5′N., 124°44.2′W. on Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence northward along the U.S. Territorial Sea Boundary to its intersection with the U.S./Canada International Boundary; thence east along the U.S./Canada International Boundary to 49°00.1′N., 122°45.3′W. (International Boundary Range C Rear Light).

(2743) (a) Vessel Traffic Service Puget Sound participates in a U.S./Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca Region consists of all navigable waters of the Salish Sea, bounded on the northwest by 48°35.749′N.; and on the southwest by 48°23.5′N.; and on the west by the rhumb line joining 48°35.749′N., 124°47.5′W. with 48°23.5′N., 124°48.616′W.; and on the northeast by a line drawn along 49°N. from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian and United States Vessel Traffic Centers (Prince Rupert, B.C., Canada; Vancouver, B.C., Canada; and Seattle, WA) manage traffic within the CVTS area irrespective of the International Boundary.

(2744) (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS Special Area consists of all waters of the eastern San Juan Island Archipelago including: Rosario Strait bounded to the south by 48°26.40′N. (the center of the Precautionary Area ‘‘RB’’) extending from Lopez Island to Fidalgo Island, and to the north by 48°40.57′N. (the center of the Precautionary Area “C”) extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of 48°38.42′N.

(2745) Note: The center of precautionary area “RB” is not marked by a buoy. All precautionary areas are depicted on National Oceanic and Atmospheric Administration (NOAA) nautical charts.

(2746) (c) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Eastern San Juan Island Archipelago VTS Special Area:

(2747) (1) A vessel engaged in towing shall not impede the passage of a vessel of 40,000 dead weight tons or more.

(2748) (2) A vessel of less than 40,000 dead weight tons is exempt from the provision set forth in §161.13(b)(1) of this part.

(2749) (3) A vessel of 100 meters or more in length is exempt from the provisions set forth in § 161.13(b)(3) of this part.

(2750) (4) Approval will not be granted for:

(2751) (i) A vessel of 100 meters or more in length to meet or overtake a vessel of 40,000 dead weight tons or more;

(2752) (ii) A vessel of 40,000 dead weight tons or more to meet or overtake a vessel of 100 meters or more in length;

(2753) (iii) A vessel of 100 meters or more in length to cross or operate within 2,000 yards (except when crossing astern) of a vessel of 40,000 deadweight tons or more; or

(2754) (iv) A vessel of 40,000 dead weight tons or more to cross or operate within 2,000 yards (except when crossing astern) of a vessel of 100 meters or more in length.

(2755) (d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca upon crossing 124°W.

(2756) 
 Part 162 – Inland Waterways Navigation Regulations

(2757) 
 § 162.1 General.
(2758) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

(2759) 
 § 162.5 Definitions.
(2760) The following definitions apply to this part:

(2761) Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service.

(2762) 
 § 162.195 Santa Monica Bay, CA; restricted area.
(2763) (a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in an area extending seaward from the shoreline a distance of about 5 nautical miles (normal to the shoreline) and basically outlined as follows:

(2764)


(2765) (b) The regulations. (1) Vessels shall not anchor within the area at any time without permission.

(2766) (2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited.

(2767) (3) All vessels entering the area, other than vessels operated by or for the United States, the State of California, the county of Los Angeles, or the city of Los Angeles, shall proceed across the area by the most direct route and without unnecessary delay. The area will be open and unrestricted to small recreational craft for recreational activities at all times.

(2768) (4) The placing of buoys, markers, or other devices requiring anchors will not be permitted.

(2769) (5) The city of Los Angeles will maintain a patrol of the area as needed.

(2770) 
 § 162.200 Marina del Rey, CA; restricted area.
(2771) (a) The area. That portion of the Pacific Ocean lying shoreward of the offshore breakwater and the most seaward 1,000 feet of the entrance channel between the north and south jetties, and basically outlined as follows:

(2772)


(2773) (b) The regulations. (1) Vessels shall not anchor within the area at any time without permission except in an emergency.

(2774) (2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited.

(2775) NOTE: Corps of Engineers also has regulations dealing with this section in 33 CFR 207.

(2776) 
 § 162.205 Suisun Bay, San Joaquin River, and connecting waters, CA.
(2777) (a) San Joaquin River Deep Water Channel between Suisun Bay and the easterly end of the channel at Stockton; use, administration, and navigation–

(2778) (1) Maximum speed. The maximum speed for all ocean-going craft shall not exceed 10 miles per hour above the lower end of New York Slough, seven miles per hour above Criminal Point, or five miles per hour while passing any wharf, dock, or moored craft. As used in this Paragraph, the speed of a vessel when navigating with the current shall be its rate of movement in excess of the velocity of the current.

(2779) (2) Passing. All craft passing other boats, barges, scows, etc., in motion, moored or anchored, shall slow down and take every necessary precaution to avoid damage.

(2780) (3) Right of way. (i) United States dredges, tugs, launches, derrick boats, and similar plant of contractors executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in 33 CFR part 83, shall have the right of way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractors’ plant, working the channel must, however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channelway cannot otherwise be provided. Ocean-going vessels may show at the masthead a black ball not more than 20 inches in diameter as a signal to the dredge, and may also blow five long blasts of the whistle when within reasonable hearing distance of the dredge, such signal to be followed at the proper time by the passing signal described in the local pilot rules. The dredge shall promptly acknowledge both signals in the usual manner.

(2781) (ii) Light-draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right of way to such vessels by making use of the shallower portions of the waterway.

(2782) (iii) Rafts and tows must promptly give the channel side demanded upon proper signal by a vessel, and must be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft.

(2783) (4) Collisions. (i) Ocean-going vessels in collision in the channel or turning basin must, if still afloat and in a condition making anchorage necessary, be immediately removed to an approved anchorage ground, or if in such condition that beaching is necessary, they shall be temporarily beached on the northwest side of Mandeville Island or in the Old River.

(2784) (ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative.

(2785) (5) Wrecks. In no case following accidents of fire or collision will a vessel be allowed to remain either anchored or grounded in the channel, or beached at any place where it endangers other vessels, while settlement is pending with the underwriters.

(2786) (6) Other laws and regulations. In all other respects, the existing Federal laws and rules and regulations affecting navigable waters of the United States will govern in this channel.

(2787) (b) Sacramento Deep Water Ship Channel between Suisun Bay and easterly end of Turning Basin at West Sacramento; use, administration, and navigation–(1) Maximum speed for all ocean-going craft–(i) Between Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a current of two knots or more, the maximum speed over the bottom shall not exceed 8 knots. When going with the current, in slack water, or against a current of two knots or less, the maximum speed through the water shall not exceed 10 knots.

(2788) (ii) Between Rio Vista Bridge and Port of Sacramento. When going against a current of two knots or more, the maximum speed over the bottom shall not exceed 5 knots. When going with the current, in slack water, or against a current of two knots or less, the maximum speed through the water shall not exceed 7 knots.

(2789) (iii) Speed past docks or moored craft. Within 550 feet of the centerline of the channel the speed shall be the minimum required to maintain steerageway; wind, tide, current, etc., being taken into consideration.

(2790) (iv) Passing. All craft passing other boats, barges, scows, etc., underway, moored or anchored, shall take every necessary precaution to avoid damage.

(2791) (v) Speed, high-water precautions. When passing another vessel (underway, anchored, or tied up); a wharf or other structure; work under construction; plant engaged in river and harbor improvement; levees withstanding flood waters; buildings partially or wholly submerged by high water; or any other structure liable to damage by collision, suction or wave action; vessels shall give as much leeway as circumstances permit and reduce their speed sufficiently to preclude causing damage to the vessel or structure being passed. As deemed necessary for public safety during high river stages, floods, or other emergencies, the District Commander may prescribe, by navigation bulletins or other means, the limiting speed in knots or temporarily close the waterway or any reach of it to traffic. Since this subparagraph pertains directly to the manner in which vessels are operated, masters of vessels shall be held responsible for strict observance and full compliance herewith.

(2792) (2) Right of way. (i) Dredges, tugs, launches, derrick boats and other similar equipment, executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in 33 CFR part 83, shall have the right-of-way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractor’s plant, working the channel must however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channelway cannot otherwise be provided.

(2793) (ii) Vessels intending to pass dredges or other types of floating plant working in navigable channels, when within a reasonable distance therefrom and not in any case over a mile, shall indicate such intention by one long blast of the whistle, and shall be directed to the proper side for passage by the sounding, by the dredge or other floating plant, of the signal prescribed in the inland pilot rules for vessels underway and approaching each other from opposite directions, which shall be answered in the usual manner by the approaching vessel. If the channel is not clear, the floating plant shall sound the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the plant.

(2794) (iii) When the pipeline from a dredge crosses the channel in such a way that an approaching vessel cannot pass safely around the pipeline or dredge, there shall be sounded immediately from the dredge the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the dredge. The pipeline shall then be opened and the channel cleared as soon as practicable; when the channel is clear for passage the dredge shall so indicate by sounding the usual passing signal as prescribed in Paragraph (c)(2)(ii) of this section. The approaching vessel shall answer with a corresponding signal and pass promptly.

(2795) (iv) When any pipeline or swinging dredge shall have given an approaching vessel or tow the signal that the channel is clear, the dredge shall straighten out within the cut for the passage of the vessel or tow.

(2796) (v) Shallow draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right-of-way to such vessels by making use of the shallower portions of the waterway, wherever possible.

(2797) (vi) Tows should promptly give the channel side requested by proper signal from a vessel, and should be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft.

(2798) (3) Obstruction of traffic. (i) Except as provided in Paragraph (c)(2) of this section no person shall willfully or carelessly obstruct the free navigation of the waterway, or delay any vessel having the right to use the waterway.

(2799) (ii) No vessel shall anchor within the channel except in distress or under stress of weather. Any vessel so anchored shall be moved as quickly as possible to such anchorage as will leave the channel clear for the passage of vessels.

(2800) (iii) Motorboats, sailboats, rowboats, and other small craft shall not anchor or drift in the regular ship channel except under stress of weather or in case of breakdown. Such craft shall be so operated that they will not interfere with or endanger the movement of commercial or public vessels.

(2801) (4) Collisions. (i) Ocean-going vessels in collision in the channel or turning basin, must if still afloat and in a condition making anchorage necessary, be immediately removed to an approved anchorage ground, or if in such condition that beaching is necessary, they shall be temporarily beached on the southwest side of Ryer Island from Mile 15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento.

(2802) (ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative.

(2803) (5) Marine accidents. Masters, mates, pilots, owners, or other persons using the waterway to which this Paragraph applies shall notify the District Commander, and in the case of undocumented vessels, the State Division of Small Craft Harbors also, by the most expeditious means available of all marine accidents, such as fire, collision, sinking or stranding, where there is possible obstruction of the channel or interference with navigation or where damage to Government property is involved, furnishing a clear statement as to the name, address, and ownership of the vessel or vessels involved, the time and place, and the action taken. In all cases, the owner of the sunken vessel shall take immediate steps to mark the wreck properly.

(2804) (6) Other laws and regulations. In all other respects, existing Federal laws and rules and regulations affecting navigable waters of the United States will govern in this channel.

(2805) NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR 207.

(2806) 
 § 162.210 Lake Tahoe, CA; restricted areas along south shore.
(2807) (a) The areas—(1) Baldwin Beach, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west boundary line of Lot 2, Section 26, Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; thence southeasterly about 2,850 feet to the east line of Section 26 at a point 300 feet north of the high waterline; thence northeasterly 1,740 feet to a point 300 feet north of the high waterline; thence southeasterly about 1,810 feet to the projected east line of the former Baldwin property at a point 300 feet north of the high waterline; and thence south 300 feet to the high waterline.

(2808) (2) Camp Richardson, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the southeasterly corner of sec. 25, T. 13 N., R. 17 E., Mount Diablo Base and Meridan; thence north 410 feet along the east line of sec. 25; thence northwesterly 95 feet to the high waterline which is the true point of beginning; thence north 130 feet; thence southeasterly 565 feet; and thence south 130 feet to the high waterline.

(2809) (3) Pope Beach, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west line of the former Pope property, about 750 feet westerly of the west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence north 300 feet; thence southeasterly 4,200 feet to a point 300 feet north of the high waterline; and thence south 300 feet to the high waterline.

(2810) (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west boundary line of Lot 1, Section 32, Township 13 North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence north 500 feet; thence northeasterly about 1,350 feet to the projected east line of Lot 1 at a point 500 feet north of the high waterline; and thence south 500 feet to the high waterline.

(2811) (b) The regulations. No sail or machine-propelled watercraft, except vessels owned or controlled by the U.S. Coast Guard, shall navigate or anchor in the restricted area.

(2812) 
 § 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
(2813) (a) The restricted area. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with a line projected in a general southerly direction 200 feet from a point lying 310 feet west of section corner common to section 15, 16, 21, and 22, Township 13 North (Mt. Diablo Base Line), Range 18 East (Mt. Diablo Meridian); thence 300 feet lakeward at right angles to the high waterline; thence southeasterly approximately 2,170 feet to the projected south boundary line of the Forest Service property at a point 300 feet west of the high waterline; and thence east 300 feet to the high waterline.

(2814) (b) The regulations. No sail or motor propelled water craft, except vessels owned or controlled by the United States Government and vessels duly authorized by the United States Coast Guard shall navigate or anchor in the restricted area.

(2815) 
 § 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev.
(2816) (a) Lake Mead and Lake Mohave; restricted areas–(1) The areas. That portion of Lake Mead extending 700 feet upstream of the axis of Hoover Dam and that portion of Lake Mohave (Colorado River) extending 4,500 feet downstream of the axis of Hoover Dam.

(2817) (2) The regulations. The restricted areas shall be closed to navigation and other use by the general public. Only vessels owned by or controlled by the U.S. Government and the States of Arizona and Nevada shall navigate or anchor in the restricted areas: Provided, however, The Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City, Nev., may authorize, by written permit, individuals or groups to navigate or anchor in the restricted areas when it is deemed in the public interest. Copies of said permits shall be furnished to the enforcing agencies.

(2818) (b) Lake Mead; speed regulation. In that portion of Lake Mead extending 300 feet upstream of the restricted area described in Paragraph (a) of this section, a maximum speed of 5 miles per hour shall not be exceeded.

(2819) (c) Supervision. The regulations in this section shall be supervised by the District Commander, Eleventh Coast Guard District.

(2820) 
 § 162.225 Columbia and Willamette Rivers, Washington and Oregon; administration and navigation.
(2821) (a) Supervision. The District Commander, Thirteenth Coast Guard District, has certain administrative supervision over the Columbia and Willamette Rivers, and is charged with the enforcement under his direction of emergency regulations to govern navigation of these streams.

(2822) (b) Speed. During very high water stages (usually 25 feet or more on the Vancouver, Washington, gage) when lives, floating plant or major shore installations are endangered, the District Commander shall have authority to prescribe such temporary speed regulations as he may deem necessary for the public safety. During critical periods of freshets under 25 feet on the Vancouver, Washington, gage when construction is in progress, rehabilitation, or other unusual emergency makes a major shore installation susceptible to loss or major damage from wave action, the District Commander shall have authority to prescribe for a particular limited reach of the river as appropriate such temporary speed regulations as he may deem necessary to protect the integrity of such structure. All speed regulations prescribed by the District Commander shall be obeyed for the duration of the emergency and shall be terminated at the earliest practicable time that improved stream conditions permit.

(2823) 
 § 162.230 Columbia River, WA.
(2824) (a) Grand Coulee Dam discharge channel; restricted area–(1) The area. That portion of the Columbia River between Grand Coulee Dam (situated at river mile 596.6) and river mile 593.7.

(2825) (2) The regulations. (i) No vessel shall enter or navigate within the area without permission from the enforcing agency.

(2826) (ii) The regulation in this section shall be enforced by the Chief, Power Field Division, Columbia Basin Project, U.S. Department of the Interior, Coulee Dam, Washington.

(2827) 
 § 162.235 Puget Sound Area, WA.
(2828) (a) Waterway connecting Port Townsend and Oak Bay; use, administration, and navigation—(1) Works to which regulations apply. The “canal grounds” when used in this Paragraph shall mean that area between the south end of the jetties in Oak Bay and the northerly end of the dredge channel approximately 400 yards northwest of Port Townsend Canal Light. The “canal” is the water lying between these limits and the banks containing the same.

(2829) (2) Speed. The speed limit within the canal grounds shall not exceed five miles per hour.

(2830) (3) Signals. All boats desiring to use the canal shall give one long and one short whistle. Southbound boats shall sound the signal within 600 yards of Port Townsend Canal Light. Northbound boats shall sound this signal at least 500 feet south from the end of the jetties in Oak Bay. If no other boat answers the signal the first boat shall have the right of way through the canal. Any approaching boat that is in the canal shall answer by giving the same signal and the first boat shall not enter the canal until the second boat shall have passed through the canal. In the case of boats going in the same direction the boat which is in the canal shall not answer the signal of the boat desiring to enter.

(2831) (4) Passing. Steamers shall not under any circumstances attempt to pass each other in the canal, either when going in the same or opposite directions.

(2832) (5) Anchoring. No steamers or boats shall anchor or tie up within the canal grounds unless they are well over on the tide flats to the west of the dredged channel, and off the right of way belonging to the United States.

(2833) (6) Tows. No tow shall enter or pass through the canal with a towline more than 200 feet in length.

(2834) (7) Delaying traffic. No person shall cause or permit any vessel or boat of which he is in charge, or on which he is employed, to obstruct the canal in any way or delay in passing through it.

(2835) (b) West Waterway, Seattle Harbor; navigation. (1) The movement of vessels of 250 gross tons or over and all vessels with tows of any kind through the narrow section of West Waterway between the bend at Fisher’s Flour Mill dock and the bend at the junction of East Waterway with Duwamish Waterway, and through the draws of the City of Seattle and Northern Pacific Railway Company bridges crossing this narrow section, shall be governed by red and green traffic signal lights mounted on the north and south sides of the west tower of the City Light power crossing at West Spokane Street.

(2836) (2) Two green lights, one vertically above the other, displayed ahead of a vessel, shall indicate that the waterway is clear. Two red lights, one vertically above the other, displayed ahead of a vessel, shall indicate that the waterway is not clear.

(2837) (3) A vessel approaching the narrow section and drawbridges from either end of the waterway shall give one long blast of a whistle and shall not enter the narrow section until green lights are displayed.

(2838) (4) One vessel may follow another vessel in either direction, but the channel shall not be kept open in the same direction for an unreasonable time if a vessel is waiting at the other end.

(2839) (5) Tugs, launches, and small craft shall keep close to one side of the channel when vessels or boats with tows are passing.

(2840) (6) All craft shall proceed with caution. The display of a green light is not a guarantee that the channel is clear of traffic, and neither the United States nor the City of Seattle will be responsible for any damage to vessels or other property which may be chargeable to mistakes in the operation of the signal lights or to their failure to operate.

(2841) NOTE: The U.S. Army Corps of Engineers also has regulations dealing with this section in 33 CFR 207.

(2842) 
 § 162.270 Restricted areas in vicinity of Maritime Administration Reserve Fleets.
(2843) (a) The regulations in this section shall govern the use and navigation of waters in the vicinity of the following National Defense Reserve Fleets of the Maritime Administration, Department of Transportation.

(2844) (1) James River Reserve Fleet, Fort Eustis, Virginia.

(2845) (2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.

(2846) (3) Suisun Bay Reserve Fleet near Benicia, California.

(2847) (b) No vessels or other watercraft, except those owned or controlled by the United States Government, shall cruise or anchor between Reserve Fleet units within 500 feet of the end vessels in each Reserve Fleet unit, or within 500 feet of the extreme units of the fleets, unless specific permission to do so has first been granted in each case by the enforcing agency.

(2848) (c) The regulations in this section shall be enforced by the respective Fleet Superintendents and such agencies as they may designate.

(2849) 
 Part 164 – Navigation Safety Regulations (in part)

(2850) 
 § 164.01 Applicability.
(2851) (a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in Paragraph (c) and (d) of this section, or for foreign vessels described in §164.02) when it is operating in the navigable waters of the United States except the St. Lawrence Seaway.

(2852) (b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a towing vessel is exempt from the requirements of §164.72 if it is–

(2853) (1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows;

(2854) (2) Used solely for assistance towing as defined by 46 CFR 10.103;

(2855) (3) Used solely for pollution response; or

(2856) (4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from §164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions.

(2857) (c) Provisions of §164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety.

(2858) (d) Provisions of §164.46 apply to some self-propelled vessels of less 1600 gross tonnage.

(2859) 
 § 164.02 Applicability exception for foreign vessels.
(2860) (a) Except for §164.46(c), none of the requirements of this part apply to foreign vessels that:

(2861) (1) Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and

(2862) (2) Are in:

(2863) (i) Innocent passage through the territorial sea of the United States; or

(2864) (ii) Transit through navigable waters of the United States which form a part of an international strait.

(2865) 
 § 164.03 Incorporation by reference.
(2866) (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of the change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202–741–6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. Also, it is available for inspection at the Commandant (CG-NAV), U.S. Coast Guard Stop 7418, Attn: Office of Navigation Systems, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7418, and is available from the sources listed below.

(2867) (b) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005-4070, 202–682–8000, www.api.org:

(2868) (1) API Specification 9A, Specification for Wire Rope, Section 3, Properties and Tests for Wire and Wire Rope, May 28, 1984, IBR approved for §164.74.

(2869) (2) [Reserved]

(2870) (c) ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610–832–9585, www.astm.org:

(2871) (1) ASTM D4268-93, Standard Test Method for Testing Fiber Rope, IBR approved for §164.74.

(2872) (2) [Reserved]

(2873) (d) Cordage Institute, 350 Lincoln Street, Hingham, MA 02043.

(2874) (1) CIA-3, Standard Test Methods for Fiber Rope Including Standard Terminations, Revised, June 1980, IBR approved for §164.74.

(2875) (2) [Reserved]

(2876) (e) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom, www.imo.org:

(2877) (1) IMO Resolution A342(IX), Recommendation on Performance Standards for Automatic Pilots, November 12, 1975, IBR approved for §164.13.

(2878) (2) IMO Resolution A.917(22), Guidelines for the Onboard Operational Use of Shipborne Automatic Identification System (AIS), January 25, 2002, IBR approved for §164.46.

(2879) (3) SN/Circ.227, Guidelines for the Installation of a Shipborne Automatic Identification System (AIS), January 6, 2003, IBR approved for §164.46.