[CINC] Overflight Regulations - Altitude - Intent - Rebuttable Presumption - Photo & Notes

[Marty Flam]

Naturalists,

I would try to get a photo with aircraft's ID and take good field notes as independent of the specified exceptions, it is argued (might even be the law) that the violation is intent to disturb, not merely flight under 1,000 feet, which creates only a rebuttable presumption of intent.  

Marty 

________________________________
 From: Shauna Bingham <shauna.bingham at noaa.gov>
To: 
Sent: Monday, January 30, 2012 1:29 PM
Subject: 
 

Dear CINC Volunteers: 

For your reference, this email contains information regarding a recent amendment to sanctuary overflight regulations. You may already be aware of the existing overflight regulations, however, please review the information below which will help you understand the reasons for the amendment. Also note there are allowed exemptions and permits and there will be some updates to FAA charts. Should you have any questions please feel free to contact me and I will forward them on to the appropriate person. 

Regards,
Shauna 

On January 26,NOAA published a Final Rule in the Federal Register regarding an amendment to the existing overflight regulations in place at four west coast national marine sanctuaries: Channel Islands, Monterey Bay, Gulf of the Farallones, and Olympic Coast.  The Final Rule document is attached to this email. 


The final rule does not create a new regulation but clarifies an existing overflight restriction (and which has been in place at CINMS since 1980).  The amendment standardizes the application of these existing regulations, which is an important first step that will lead to the printing of sanctuary regulations on aeronautical sectional charts.  Depiction on aeronautical charts will help raise greater awareness and increase compliance.  The Federal Aviation Administration (FAA) is a partner and is currently in the process of amending those charts that overlap sanctuary boundaries.  Once the sectional charts are updated, the Office of National Marine Sanctuaries will coordinate with the FAA to conduct outreach to pilots, airports, pilot associations and the media.

The rule requires that motorized aircraft maintain certain minimum altitudes above specified locations within the boundaries of the listed sanctuaries (at CINMS, that area is within 1 nautical mile of the islands, below 1,000 feet) and states that failure to comply with these altitude limits is presumed to disturb marine mammals and seabirds and is a violation of sanctuary regulations.  Also know that at CINMS, current exceptions will remain in place.  This includes flights transporting persons or supplies to and from the islands; kelp survey flights; flights necessary to respond to an emergency threateninglife, property, or the environment; flights necessary for valid law enforcement purposes in the Sanctuary; or flights authorized pursuant to a National Marine Sanctuary permit.
-- 
Shauna Bingham
Channel Islands National Marine Sanctuary 
113 Harbor Way, Suite 150 
Santa Barbara, CA 93109 
805-884-1460 
805-568-1582 (fax)
http://channelislands.noaa.gov/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://www.rain.org/pipermail/channel_islands_naturalist_corps/attachments/20120130/90bfb194/attachment.html>