§ 922.143 - Permit procedures.

§ 922.143 Permit procedures and criteria.

Cross Reference

Link to an amendment published at 88 FR 968, Jan. 6, 2023.

Cross Reference

Link to an amendment published at 88 FR 7357, Feb. 3, 2023, delaying the above amendment until Apr. 7, 2023.

(a) A person may conduct an activity otherwise prohibited by § 922.142(a)(1) and (3) through (7) if conducted under and in accordance with the scope, purpose, manner, terms and conditions of a permit issued under this section and § 922.48. subpart D of this part.

(b) Applications for such permits should be addressed to the Director, Office of Ocean and Coastal Resource ManagementNational Marine Sanctuaries; ATTN: ManagerSuperintendent, Stellwagen Bank National Marine Sanctuary, 14 Union Street, Plymouth175 Edward Foster Road, Scituate, MA 02360.

(c) 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 an activity prohibited by § 922.142(a) (1) and (3) through (7), if the Director finds that the activity will have only negligible short-term adverse effects on Sanctuary resources and qualities and will: further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; or assist in managing the Sanctuary. In deciding whether to issue a permit, the Director may consider such factors as: the professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; and the end value of the activity. In addition, the Director may consider such other factors as he or she deems appropriate.

(d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity.

(e) The Director may, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public.

(f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit.

02066.

[88 FR 968, Jan. 6, 2023]