Stellwagen Bank FEIS/MP Appendices Page AlO 



conducted in accordance with the scope, purpose, manner, terms and conditions of a permit issued under 

 this § 940.9. 



(b) Applications for such permits should be addressed to the Director of the Office of Ocean and Coastal 

 Resource Management; ATTN: Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource 

 Management, National Ocean Service, National Oceanic and Atmospheric Administration, 1305 East-West 

 Highway, Silver Spring, Maryland 20910. An appUcation must include a detailed description of the proposed 

 activity including a timetable for completion of the activity and the equipment, personnel and methodology 

 to be employed. The qualifications and experience of all personnel must be set forth in the application. 

 The application must set forth the potential effects of the activity, if any, on Sanctuary resources and 

 Sanctuary qualities. Copies of all other required Ucenses, permits, approvals or other authorizations must 

 be attached. 



(c) Upon receipt of an appUcation, the Director or designee may request such additional information from 

 the apphcant as he or she deems necessary to act on the application and may seek the views of any persons. 



(d) The Director or designee, 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 paragraphs (a)(l)-(2) and 

 (4)-(8) of § 940.5, if the Director or designee finds that the activity will have only negUgible 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; 

 assist in managing the Sanctuary. In deciding whether to issue a permit, the Director or designee may also 

 consider such factors as: the professional qualifications and fmancial ability of the appUcant 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 or designee may consider such 

 other factors as he or she deems appropriate. 



(e) A permit issued pursuant to this § 940.9 is nontransferable. 



(f) The Director or designee may amend, suspend or revoke a permit issued pursuant to this § 940.9 for 

 good cause. The Director or designee may deny a permit application pursuant to this § 940.9, in whole or 

 in part, if it is determined that the permittee or applicant has acted in violation of the terms or conditions 

 of a permit or of these regulations or for other good cause. Any such action shall be communicated in 

 writing to the permittee or apphcant by certified mail and shall set forth the reason(s) for the action taken. 

 Procedures governing permit sanctions and denials for enforcement reasons are set forth in Subpart D of 

 15 CFR Part 904. 



(g) 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. 



(h) The Director or designee may, inter aha , make it a condition of any permit issued that any data or 

 information obtained under the permit be made available to the pubUc. 



(i) The Director or designee may, inter aha, 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 statxis, progress or results of any activity authorized by the permit. 



