[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR922.104]

[Page 136-137]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 922_NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS--Table of Contents
 
            Subpart J_Fagatele Bay National Marine Sanctuary
 
Sec. 922.104  Permit procedures and criteria.

    (a) Any person in possession of a valid permit issued by the 
Director, in consultation with the EDPO, in accordance with this section 
and Sec. 922.48, may conduct an activity otherwise prohibited by Sec. 
922.102 in the Sanctuary if such activity is judged not to cause long-
term or irreparable harm to the resources of the Sanctuary, and is:
    (1) Related to research involving Sanctuary resources designed to 
enhance understanding of the Sanctuary environment or to improve 
resource management decisionmaking;
    (2) Intended to further the educational value of the Sanctuary and 
thereby enhance understanding of the Sanctuary environmental or improve 
resource management decisionmaking; or
    (3) For salvage or recovery operations.
    (b) Permit applications shall be addressed to the Director, Office 
of Ocean and Coastal Resource Management; ATTN: Sanctuary Coordinator,

[[Page 137]]

Fagatele Bay National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 
96799.
    (c) In considering whether to grant a permit, the Director shall 
evaluate such matters as:
    (1) The general professional and financial responsibility of the 
applicant;
    (2) The appropriateness of the methods being proposed for the 
purpose(s) of the activity;
    (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
    (4) The end value of the activity.
    (d) In addition to meeting the criteria in this section and Sec. 
922.48, the applicant also must demonstrate to the Director that:
    (1) The activity shall be conducted with adequate safeguards for the 
environment; and
    (2) The environment shall be returned to, or will regenerate to, the 
condition which existed before the activity occurred.
    (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. A 
permit granted for research related to the Sanctuary may include, but is 
not limited to, the following conditions:
    (1) The Director may observe any activity permitted by this section;
    (2) any information obtained in the research site shall be made 
available to the public; and
    (3) The submission of one or more reports of the status of such 
research activity may be required.