Regulations

Subparts A through E contain regulations that apply to the entire program.  Subpart A lays out the overall objectives of the NMSP, defines several terms found throughout the rest of the regulations, and describes the effect of the regulations.  Subpart B describes how the program is to maintain the list of potential future National Marine Sanctuaries known as the “site evaluation list” (the list is currently inactive).  Subpart C summarizes the procedures for designating new national marine sanctuaries.  Subpart D contains information about the development of sanctuary management plans.  Subpart E contains provisions for the processing of sanctuary permits, emergency regulations, and appeals.

While each Sanctuary has its own unique set of regulations, there are some regulatory prohibitions that are typical for many sanctuaries:

1. Discharging material or other matter into the sanctuary,
2. Disturbance of, construction on, or alteration of the seabed,
3. Disturbance of cultural resources, and
4. Exploring for, developing, or producing oil, gas, or minerals (with a grandfather clause for preexisting operations).

In addition, some sanctuaries prohibit other activities, such as the disturbance of marine mammals, seabirds, and sea turtles, operation of aircraft in certain zones, use of personal watercraft, mineral mining and anchoring of vessels. 

NMSP regulations are modified with ample opportunity for the public to offer their comments.  Regulatory changes are published in the Federal Register as “proposed rules” first.  This publication informs the public where to send comments and when they need to send them by (regulatory changes generally allow for 30 to 90 days of public comment depending on the complexity and significance of the changes).  Once all comments have been reviewed, the NMSP will make any appropriate changes to the proposed rule and publish the text of the “final rule” in the Federal Register.  The Federal Register document will also include response to the comments received on the proposed rule.  In some circumstances, the NMSP will also publish an “advance notice of proposed rule making” prior to publishing a proposed rule to solicit input from the public on a particular issue.  From these comments, the NMSP may draft a proposed rule.

History of the NMSP Regulations

NMSP regulations were first codified on June 27, 1974 to implement the provisions of Title III of the then recently enacted Marine Protection, Research and Sanctuaries Act of 1972 (see 39 FR 23254).  Since then, NMSP regulations have been modified for both technical and substantive reasons.  Generally, substantive changes (e.g., new prohibitions) are made when a new sanctuary is designated or during the review process of a sanctuary management plan (this review is expected to take place every five years after a site is designated).  However, changes occur at other times as well.  Examples include the recent (March 2001) expansion of the Florida Keys National Marine Sanctuary to include the Tortugas Ecological Reserve, the prohibition of chumming for white sharks and the limited allowance for the collection for jade in portions of Monterey Bay, and the prohibition on the use of personal watercraft in the Gulf of the Farallones National Marine Sanctuary.  Technical modifications to the regulations have included the consolidation of NMSP regulations into 15 CFR Part 922 (until 1995 each set of Sanctuary regulations was codified in a separate part of Title 15), minor technical adjustments to boundary coordinates, and name changes.