CFR > 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 (parts 902 to 996) > SUBCHAPTER B—OCEAN AND COASTAL RESOURCE MANAGEMENT (parts 921 to 932) > PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS > SUBPART J—Fagatele Bay National Marine Sanctuary (§922.100 to §922.104) > 922.104—Permit procedures and criteria.

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.