[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: 15CFR922.62]



[Page 128]

 

                  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 F_Monitor National Marine Sanctuary

 

Sec. 922.62  Permit procedure and criteria.



    (a) Any person or entity may conduct in the Sanctuary any activity 

listed in Sec. 922.61 if such activity is either:

    (1) For the purpose of research related to the Monitor, or

    (2) Pertains to salvage or recovery operations in connection with an 

air or marine casualty and such person or entity is in possession of a 

valid permit issued by the Director authorizing the conduct of such 

activity; except that, no permit is required for the conduct of any 

activity immediately and urgently necessary for the protection of life, 

property or the environment.

    (b) Any person or entity who wishes to conduct in the Sanctuary an 

activity for which a permit is authorized by this section (hereafter a 

permitted activity) may apply in writing to the Director for a permit to 

conduct such activity citing this section as the basis for the 

application. Such application should be made to: Director, Office of 

Ocean and Coastal Resource Management; ATTN: Manager, Monitor National 

Marine Sanctuary, Building 1519, NOAA, Fort Eustis, VA 23604-5544.

    (c) In considering whether to grant a permit for the conduct of a 

permitted activity for the purpose of research related to the Monitor, 

the Secretary shall evaluate such matters as:

    (1) The general professional and financial responsibility of the 

applicant;

    (2) The appropriateness of the research method(s) envisioned to the 

purpose(s) of the research;

    (3) The extent to which the conduct of any permitted activity may 

diminish the value of the MONITOR as a source of historic, cultural, 

aesthetic and/or maritime information;

    (4) The end value of the research envisioned; and

    (5) Such other matters as the Director deems appropriate.

    (d) In considering whether to grant a permit for the conduct of a 

permitted activity in the Sanctuary in relation to an air or marine 

casualty, the Director shall consider such matters as:

    (1) The fitness of the applicant to do the work envisioned;

    (2) The necessity of conducting such activity;

    (3) The appropriateness of any activity envisioned to the purpose of 

the entry into the Sanctuary;

    (4) The extent to which the conduct of any such activity may 

diminish the value of the Monitor as a source of historic, cultural, 

aesthetic and/or maritime information; and

    (5) Such other matters as the Director deems appropriate.

    (e) In considering any application submitted pursuant to this 

section, the Director shall seek and consider the views of the Advisory 

Council on Historic Preservation.

    (f) The Director may observe any activity permitted by this section; 

and/or may require the submission of one or more reports of the status 

or progress of such activity.