Regulatory Prohibitions (Summary) within the Monterey Bay National Marine Sanctuary (Important Brief Disclaimer - Please Read)

The following activities are prohibited within the Monterey Bay National Marine Sanctuary and thus are unlawful for any person to conduct or to cause to be conducted:

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 beach access stairway at south Sand Dollar Beach, the westernmost tip of Cape San Martin, and from the mean high tide line seaward to the 90-foot depth line (“the authorized area”). Click here for other special restrictions concerning jade collection.

2. Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter except:

• Fish, fish parts, chumming materials or bait used in or resulting from traditional fishing operations in the Sanctuary;
• 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.;
• 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;
• Engine exhaust; or
• 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.

3. 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:

• Dredged material deposited at the authorized disposal sites described in Prohibition 2. above, provided that the dredged material disposal is pursuant to, and complies with the terms and conditions of, a valid Federal permit or approval, and
• Discharges resulting from the other activities listed in Prohibition 2. above.

4. Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource, except as an incidental result of:

• Kelp harvesting,
• Aquaculture, or
• Traditional fishing operations.

5. Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of:

• Anchoring vessels;
• Aquaculture, kelp harvesting or traditional fishing operations;
• Installation of navigation aids;
• Harbor maintenance in the areas necessarily associated with Federal Projects in existence on January 1, 1993, including dredging of entrance channels and repair, replacement or rehabilitation of breakwaters and jetties;
• Construction, repair, replacement or rehabilitation of docks or piers; or
• Collection of jade (as described in section 1 above), provided that there is no constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary.

6. Taking any marine mammal, sea turtle or seabird in or above the Sanctuary, except:

• As permitted by current regulations for the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703 et seq..

7. Flying motorized aircraft at less than 1000 feet above any of the four overflight restriction zones within the Sanctuary except:

• As necessary for valid law enforcement purposes.

8. Operating motorized personal watercraft within the Sanctuary except:

• Within the four designated zonesand access routes within the Sanctuary.

9. 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 current regulations for the MMPA, ESA or MBTA except:

• As necessary for valid law enforcement purposes.

10. 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.

11. Attracting any white shark in that part of the Sanctuary out to the seaward limit of State waters.