Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 15 - Commerce and Foreign Trade |
Subtitle B - Regulations Relating to Commerce and Foreign Trade |
Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
SubChapter B - Ocean and Coastal Resource Management |
Part 922 - National Marine Sanctuary Program Regulations |
Subpart D - National Marine Sanctuary Permitting |
§ 922.32 - Application requirements and procedures.
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§ 922.32 Application requirements and procedures.
(a) Submitting applications. Permit applications must be submitted by mail to the address listed in the subpart for the relevant national marine sanctuary or by electronic means as defined in the instructions for the ONMS permit application. Applicants proposing to conduct an activity in more than one national marine sanctuary should send the application to each NOAA office for the relevant national marine sanctuaries in which the activity is proposed.
(b) Application requirements. All applications for a permit under this section must include the following information:
(1) A detailed description of the proposed activity including:
(i) A timetable for completion of the activity;
(ii) A detailed description of the proposed location for the activity; and
(iii) The equipment, personnel and methodology to be employed;
(2) The qualifications and experience of all personnel;
(3) The financial resources available to the applicant to conduct and complete the proposed activity and comply with any terms and conditions deemed necessary;
(4) A statement as to why it is necessary to conduct the activity within a national marine sanctuary;
(5) A description of the potential impacts of the activity, if any, on sanctuary resources and qualities;
(6) A description of the benefits the conduct of the activity would have for the national marine sanctuary or national marine sanctuary system;
(7) Copies of all other required licenses, permits, approvals, or other authorizations; and
(8) Such other information as the Director may request or is specified in the relevant subpart.
(c) Additional information. Upon receipt of an application, and as part of the evaluation of the permit application, the Director may:
(1) Request such additional information as he or she deems necessary to act on the application;
(2) Require a site visit; and
(3) Seek the views of any persons.
(d) Time limit for submitting additional information. Unless otherwise specified in writing by the Director, any information requested by the Director under paragraph (c) of this section must be received by the Director within 30 days of the postmark date of the request or, if email, the date of the email. Failure to provide such additional information may be deemed by the Director to constitute withdrawal of the permit application.
(e) Incomplete applications. The Director may consider an application incomplete, and therefore may refuse to further consider the application, if the applicant:
(1) Has failed to submit any of the information required under paragraph (b) of this section;
(2) Has failed to submit any of the information requested by the Director under paragraph (c) of this section;
(3) Has failed to pay any outstanding penalties that resulted from a violation of this part; or
(4) Has failed to fully comply with a permit issued pursuant to this subpart.