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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 15 - Commerce and Foreign Trade |
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Subtitle B - Regulations Relating to Commerce and Foreign Trade |
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Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter B - Ocean and Coastal Resource Management |
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Part 922 - National Marine Sanctuary Program Regulations |
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Subpart J - National Marine Sanctuary of American Samoa |
§ 922.107 - Permit procedures.
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§ 922.107 Permit procedures and criteria.
(a) Any person in possession of a valid permit issued by the Director, in consultation with the ASDOC, in accordance with this section and § 922.48, subpart D of the part may conduct an activity otherwise prohibited by § §§ 922.103, § 922.104, and § 922.105 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;
(4) For salvage or recovery operations(3) Intended to further the management of the Sanctuary; or
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(b) Permit applications shall be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Sanctuary Superintendent, American Samoa 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 § 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.
[88 FR 966, Jan. 6, 2023]