Stellwagen Bank FEIS/MP Appendices Page A9 



lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary 

 designation and issued by any Federal, State or local authority of competent jurisdiction, or by any valid 

 right of subsistence use or access in existence on the effective date of Sanctuary designation, provided that 

 the holder of such authorization or right compUes with § 940.10 and with any terms and conditions on the 

 exercise of such authorization or right imposed by the Director or designee as a condition of certification 

 as he or she deems necessary to achieve the purposes for which the Sanctuary was designated. 



(g) The prohibitions in paragraphs (a)(l)-(2) and (4)-(8) of this § 940.5 do not apply to any activity 

 authorized by any lease, permit, Ucense, approval or other authorization issued after the effective date of 

 Sanctuary designation and issued by any Federal, State or local authority of competent jurisdiction, provided 

 that the applicant compUes with § 940.11, the Director or designee notifies the applicant and authorizing 

 agency that he or she does not object to issuance of the authorization, and the appUcant compUes with any 

 terms and conditions the Director or designee deems necessary to protect Sanctuary resources and qualities. 

 Amendments, renewals and extensions of authorizations in existence on the effective date of designation 

 constitute authorizations issued after the effective date. 



(h) Notwithstanding paragraphs (e) emd (g) of this § 940.5, in no event may the Director or designee issue 

 a permit under § 940.9 of these regulations, or under Section 310 of the Act, authorizing, or otherwise 

 approving, the exploration for, development or production of mdustrial materials within the Sanctuary, or 

 the disposal of dredged material within the Sanctuary (except by a certification, pursuant to § 940.10, of 

 valid authorizations in existence on the effective date of Sanctuary designation) and any purported 

 authorizations issued by other authorities after the effective date of Sanctuary designation for any of these 

 activities within the Sanctuary shall be invalid. 



§ 940.6 Emergency Regulations. 



Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, 

 or to minimize the imminent risk of such destruction, loss or injury, any and all activities, are subject to 

 immediate temporary regulation, including prohibition. 



§ 940.7 Penalties for violations of regulations. 



(a) Each violation of the Act, any regulation in this Part, or any permit issued pursuant thereto, is subject 

 to a civil penalty of not more than $100,000. Each day of a continuing violation constitutes a separate 

 violation. 



(b) Regulations setting forth the procedures governing the administrative proceedings for assessment of 

 civil penalties, permit sanctions and denials for enforcement reasons, issuance and use of written warnings, 

 and release or forfeiture of seized property appear at 15 CFR Part 904. 



§ 940.8 Response costs and damages. 



Under Section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is 

 liable to the United States for response costs and damages resulting from such destruction, loss or injury, and 

 any vessel used to destroy, cause the loss of, or injure any Sanctuary resource is liable in rem to the United 

 States for response costs and damages resulting from such destruction, loss, or injury. 



§ 940.9 National Marine Sanctuary permits - application procedures and issuance criteria. 



(a) A person may conduct an activity prohibited by paragraphs (a)(l)-(2) and (4)-(8) of § 9403 if 



