Stellwagen Bank FEIS/MP Appendices Page A12 



(h) Any time limit prescribed in or established imder this § 940.10 may be extended by the Director or 

 designee for good cause. 



(i) The holder may appeal any action conditioning, cimending, suspending or revoking any certification in 

 accordance with the procedures set forth in § 940.12. 



(j) Any amendment, renewal or extension not in existence on the effective date of Sanctuary designation 

 of a lease, permit, Ucense, approval, other authorization or right is subject to the provisions of § 940.11. 



§ 940.11 Notincation and review of applications for leases, licenses, permits, approvals, or other authorizations 

 to conduct a prohibited activity. 



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

 authorized by any vahd lease, permit, hcense, approval or other authorization issued after the effective date 

 of Sanctuary designation by any Federal, State or local authority of competent jurisdiction, provided that: 

 1) the apphcant notifies the Director or designee, in writing, of the application for such authorization (and 

 of any apphcation for an amendment, renewal or extension of such authorization) within fifteen (15) days 

 of the date of apphcation or of the effective date of Sanctuary regulations, whichever is later; 2) the 

 apphcant comphes with the other provisions of this § 940.11; 3) the Director or designee notifies the 

 apphcant and authorizing agency that he or she does not object to issuance of the authorization (or 

 amendment, renewal or extension); and 4) the apphcant comphes with any terms and conditions the 

 Director or designee deems necessary to protect Sanctuary resources and quahties. 



(b) Any potential apphcant for a lease, permit, hcense, approval or other authorization from any Federal, 

 State or local authority (or for an amendment, renewal or extension of such authorization) may request the 

 Director or designee to issue a fmding as to whether the activity for which an apphcation is intended to be 

 made is prohibited by paragraphs (a)(l)-(2) juid (4)-(8) of § 940.5. 



(c) Notification of filings of apphcations and requests for findings should be addressed to the Director, 

 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. A copy of the apphcation must 

 accompany the notification. 



(d) The Director or designee may request additional information from the apphcant as he or she deems 

 necessary to determine whether to object to issuance of such lease, hcense, permit, approval or other 

 authorization (or to issuance of an amendment, extension or renewal of such authorization), or what terms 

 and conditions are necessary to protect Sanctuary resources and quahties. The information requested must 

 be received by the Director or designee within 45 days of the postmark date of the request. The Director 

 or designee may seek the views of any persons on the apphcation. 



(e) The Director or designee shall notify, in writing, the agency to which application has been made of his 

 or her review of the apphcation and possible objection to issuance. After review of the apphcation and 

 information received with respect thereto, the Director or designee shaU notify both the agency and 

 apphcant, in writing, whether he or she has an objection to issuance and what terms and conditions he or 

 she deems necessary to protect Sanctuary resources and quahties. The Director or designee shall state the 

 reason(s) for any objection or the reason(s) that any terms and conditions are deemed necessary to protect 

 Sanctuary resources and quahties. 



