[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: 15CFR970.103]



[Page 311-312]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 970_DEEP SEABED MINING REGULATIONS FOR EXPLORATION LICENSES

--Table of Contents

 

                            Subpart A_General

 

Sec. 970.103  Prohibited activities and restrictions.



    (a) Prohibited activities and exceptions. (1) Except as authorized 

under subpart C of this part, no United States citizen may engage in any 

exploration or commercial recovery unless authorized to do so under:

    (i) A license or a permit issued pursuant to the Act and 

implementing regulations;

    (ii) A license, permit, or equivalent authorization issued by a 

reciprocating state; or

    (iii) An international agreement which is in force with respect to 

the United States.

    (2) The prohibitions of paragraph (a)(1) of this section will not 

apply to any of the following activities:

    (i) Scientific research, including that concerning hard mineral 

resources;

    (ii) Mapping, or the taking of any geophysical, geochemical, 

oceanographic, or atmospheric measurements or random bottom samplings of 

the deep seabed, if such taking does not significantly alter the surface 

or subsurface of the deep seabed or significantly affect the 

environment;

    (iii) The design, construction, or testing of equipment and 

facilities which will or may be used for exploration or commercial 

recovery, if such design, construction or testing is conducted on shore, 

or does not involve the recovery of any but incidental hard mineral 

resources;

    (iv) The furnishing of machinery, products, supplies, services, or 

materials for any exploration or commercial recovery conducted under a 

license or permit issued under the Act and implementing regulations, a 

license or permit or equivalent authorization issued by a reciprocating 

state, or under an international agreement; and

    (v) Activities, other than exploration or commercial recovery 

activities, of the Federal Government.

    (3) No United States citizen may interfere or participate in 

interference with any activity conducted by any licensee or permittee 

which is authorized to be undertaken under a license or permit issued by 

the Administrator to a licensee or permittee under the Act or with any 

activity conducted by



[[Page 312]]



the holder of, and authorized to be undertaken under, a license or 

permit or equivalent authorization issued by a reciprocating state for 

the exploration or commercial recovery of hard mineral resources. For 

purposes of this section, interference includes physical interference 

with activities authorized by the Act, this part, and a license issued 

pursuant thereto; the filing of specious claims in the United States or 

any other nation; and any other activity designed to harass deep seabed 

mining activities authorized by law. Interference does not include the 

exercise of any rights granted to United States citizens by the 

Constitution of the United States, any Federal or State law, treaty, or 

agreement or regulation promulgated pursuant thereto.

    (4) United States citizens must exercise their rights on the high 

seas with reasonable regard for the interests of other states in their 

exercise of the freedoms of the high seas.

    (b) Restrictions on issuance of licenses or permits. The 

Administrator will not issue:

    (1) Any license or permit after the date on which an international 

agreement is ratified by and enters into force with respect to the 

United States, except to the extent that issuance of such license or 

permit is not inconsistent with such agreement;

    (2) Any license or permit the exploration plan or recovery plan of 

which, submitted pursuant to the Act and implementing regulations, would 

apply to an area to which applies, or would conflict with:

    (i) Any exploration plan or recovery plan submitted with any pending 

application to which priority of right for issuance applies under this 

part;

    (ii) Any exploration plan or recovery plan associated with any 

existing license or permit; or

    (iii) Any equivalent authorization which has been issued, or for 

which formal notice of application has been submitted, by a 

reciprocating state prior to the filing date of any relevant application 

for licenses or permits pursuant to the Act and implementing 

regulations;

    (3) A permit authorizing commercial recovery within any area of the 

deep seabed in which exploration is authorized under a valid existing 

license if such permit is issued to a person other than the licensee for 

such area;

    (4) Any exploration license before July 1, 1981, or any permit which 

authorizes commercial recovery to commence before January 1, 1988;

    (5) Any license or permit the exploration plan or recovery plan for 

which applies to any area of the deep seabed if, within the 3-year 

period before the date of application for such license or permit:

    (i) The applicant therefor surrendered or relinquished such area 

under an exploration plan or recovery plan associated with a previous 

license or permit issued to such applicant; or

    (ii) A license or permit previously issued to the applicant had an 

exploration plan or recovery plan which applied to such area and such 

license or permit was revoked under section 106 of the Act; or

    (6) A license or permit, or approve the transfer of a license or 

permit, except to a United States citizen.