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 j - FAGATELE BAY NATIONAL MARINE SANCTUARY

922.104 - Permit procedures and criteria.

  (a) Any person in possession of a valid permit issued by the Director, in consultation with the EDPO, in accordance with this section and 922.48, may conduct an activity otherwise prohibited by 922.102 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; or (3) For salvage or recovery operations.

  (b) Permit applications shall be addressed to the Director, Office of Ocean and Coastal Resource Management; ATTN: Sanctuary Coordinator, Fagatele Bay 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. A permit granted for research related to the Sanctuary may include, but is not limited to, the following conditions: (1) The Director may observe any activity permitted by this section; (2) any information obtained in the research site shall be made available to the public; and (3) The submission of one or more reports of the status of such research activity may be required.