[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: 15CFR971.103]



[Page 342-343]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 971_DEEP SEABED MINING REGULATIONS FOR COMMERCIAL RECOVERY PERMITS

--Table of Contents

 

                            Subpart A_General

 

Sec. 971.103  Prohibited activities and restrictions.



    (a) Prohibited activities and exceptions. (1) No United States 

citizen may engage in any commercial recovery unless authorized to do so 

under--

    (i) 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 do 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 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 onshore, 

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 any relevant 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 permittee which is 

authorized to be undertaken under a permit issued by the Administrator 

to a permittee under the Act or with any activity conducted by the 

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

equivalent authorization issued by a reciprocating state for the 

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 or permit issued 

pursuant thereto; the filing of a specious claim in the United States or 

any other nation; and any other activity designed to harass, or which 

has the effect of harassing, persons conducting deep seabed mining 

activities authorized by law. Interference does not include the exercise 

of any superior rights granted to United States citizens by the 

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

or agreement or regulation promulgated pursuant thereto.

    (4) United States citizens shall 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 permits. The Administrator will not 

issue any permit--



[[Page 343]]



    (1) After the date on which any relevant international agreement is 

ratified by and enters into force with respect to the United States, 

except to the extent that issuance of the permit is not inconsistent 

with that agreement.

    (2) The 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 15 CFR 

part 970 or this part;

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

existing license or permit; or

    (iii) An 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) 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) Which authorizes commercial recovery to commence before January 

1, 1988;

    (5) The recovery plan for which applies to any area of the deep 

seabed if, within the 3-year period before the date of application for 

that 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 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;

    (6) Or approve the transfer of a permit, except to a United States 

citizen; or

    (7) That would authorize commercial recovery activities in an area 

other than for which the applicant therefore holds a valid exploration 

license under part 970 of this title.