[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR922.104]



[Page 135-136]

 

                  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 136]]



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.