[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: 15CFR922.48]



[Page 125]

 

                  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 E_Regulations of General Applicability

 

Sec. 922.48  National Marine Sanctuary permits--application procedures 

and issuance criteria.



    (a) A person may conduct an activity prohibited by Subparts F 

through O, if conducted in accordance with the scope, purpose, terms and 

conditions of a permit issued under this section and Subparts F through 

O, as appropriate. For the Florida Keys National Marine Sanctuary, a 

person may conduct an activity prohibited by Subpart P if conducted in 

accordance with the scope, purpose, terms and conditions of a permit 

issued under Sec. 922.166. For the Thunder Bay National Marine 

Sanctuary and Underwater Preserve, a person may conduct an activity 

prohibited by Subpart R in accordance with the scope, purpose, terms and 

conditions of a permit issued under Sec. 922.195.

    (b) Applications for permits to conduct activities otherwise 

prohibited by Subparts F through O should be addressed to the Director 

and sent to the address specified in Subparts F through O, or Subpart R, 

as appropriate. An application must include:

    (1) A detailed description of the proposed activity including a 

timetable for completion;

    (2) The equipment, personnel and methodology to be employed;

    (3) The qualifications and experience of all personnel;

    (4) The potential effects of the activity, if any, on Sanctuary 

resources and qualities; and (5) Copies of all other required licenses, 

permits, approvals or other authorizations.

    (c) Upon receipt of an application, the Director may request such 

additional information from the applicant as he or she deems necessary 

to act on the application and may seek the views of any persons or 

entity, within or outside the Federal government, and may hold a public 

hearing, as deemed appropriate.

    (d) The Director, at his or her discretion, may issue a permit, 

subject to such terms and conditions as he or she deems appropriate, to 

conduct a prohibited activity, in accordance with the criteria found in 

Subparts F through O, or Subpart R, as appropriate. The Director shall 

further impose, at a minimum, the conditions set forth in the relevant 

subpart.

    (e) A permit granted pursuant to this section is nontransferable.

    (f) The Director may amend, suspend, or revoke a permit issued 

pursuant to this section for good cause. The Director may deny a permit 

application pursuant to this section, in whole or in part, if it is 

determined that the permittee or applicant has acted in violation of the 

terms and conditions of a permit or of the regulations set forth in this 

section or Subparts F through O, Subpart R or for other good cause. Any 

such action shall be communicated in writing to the permittee or 

applicant by certified mail and shall set forth the reason(s) for the 

action taken. Procedures governing permit sanctions and denials for 

enforcement reasons are set forth in subpart D of 15 CFR part 904.



[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 

FR 39056, June 22, 2000]