(a) A participating Village must designate the Village Marine Protected Area that will be governed by the management methods of these regulations.
(b) A participating Village must provide the Department with a description of the area designated as the Village Marine Protected Area.
(c) A designated Village Marine Protected Area’s boundaries must be marked in a manner reasonably obvious to inform the public that access to the area has been restricted. Marking can be accomplished by any obvious means, including, but not limited to:
(ii) Posted Notices;
(iii) Published Notices;
(iv) Anchored or secured Floats that indicate the area is a Village Marine Protected Area.
(d) Limitations on Designating a Village Marine Protected Area:
(i) A Village may not designate as its Village Marine Protected Area a section, portion, or part of a Reef or reef flat that belongs to or has been traditionally controlled by another Village.
(ii) A Village may only designate as its Village Marine Protected Area a section, portion, part or all of a Reef that extends no more than one hundred (100) yards seaward beyond the end of the Reef at the Mean Low Water Mark.
(e) In areas where there is an overlap of authority or control over a Reef, or where the Village boundaries of a Reef are disputed, such dispute being supported by law or fact, the Village Monitoring and Enforcement Committees for each Village may do any of the following:
(i) Agree on the Management of the disputed area and work together to manage the portion of disputed Reef;
(ii) Establish an agreed upon boundary only for the purposes of marine conservation and management. Any such agreed upon boundary would not be an admission of the actual boundary but would only exist for the purposes of the Community-based Fishery Management Program;
(iii) Allow the Department to manage the disputed area; or
(iv) If no agreement can be reached between the disputing Villages, then there shall be no authority under these regulations for any to manage the disputed area.History: Rule 1-08, eff 2008.