Stellwagen Bank FEIS/MP Appendices Page All 



(j) The applicant for or holder of a National Marine Sanctuary permit may appeal the denial, conditioning, 

 amendment, suspension or revocation of the permit in accordance with the procedures set forth in § 940.12. 



§ 940.10 Certification of pre-existing leases, licenses, permits, approvals, other authorizations, or rights to 

 conduct a prohibited activity. 



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

 by a vahd lease, permit, Ucense, 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 vahd right of subsistence use or access in existence on the effective date of Sanctuary designation, 

 provided that: 1) the holder of such authorization or right notifies the Director or designee, in writing, 

 within 90 days of the effective date of Sanctuary regulations, of the existence of such authorization or right 

 and requests certification of such authorization or right; 2) the holder comphes with the other provisions 

 of this § 940.10; and 3) the holder comphes with any terms and conditions on the exercise of such 

 authorization or right imposed as a condition of certification, by the Director or designee, to achieve the 

 purposes for which the Sanctuary was designated. 



(b) The owner or holder of a vahd lease, permit, hcense, 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 of any vahd right of subsistence use or access in existence on the effective date of Sanctuary 

 designation, authorizing an activity prohibited by paragraphs (a)(l)-(2) and (4)-(8) of § 940.5 may conduct 

 the activity without being in violation of § 940.5, pending fmal agency action on his or her certification 

 request, provided the holder is in comphance with this § 940.10. 



(c) Any holder of a vahd lease, permit, Ucense, 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 any holder of a vahd right of subsistence use or access in existence on the effective date of Sanctuary 

 designation may request the Director or designee to issue a finding as to whether the activity for which the 

 authorization has been issued, or the right given, is prohibited under paragraphs (a)(l)-(2) and (4)-(8) of 

 §940.5. 



(d) Requests for fmdings or certifications 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 Jind Atmospheric Administration, 1305 East-West 

 Highway, Silver Spring, Maryland 20910. A copy of the lease, permit, Ucense, approval or other 

 authorization must accompany the request. 



(e) The Director or designee may request additional information from the certification requester as he or 

 she deems necessary to condition appropriately the exercise of the certified authorization or right to achieve 

 the purposes for which the Sanctuary was designated. 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 certification request. 



(f) The Director or designee may amend any certification made under this § 940.10 whenever additional 

 information becomes available justifying such an amendment. 



(g) The Director or designee shaL communicate any decision on a certification request or any action taken 

 with respect to any certification made under this § 940.10, in writing, to both the holder of the certified 

 lease, permit, Ucense, approval, other authorization or right, and the issuing agency, and shaU set forth the 

 reason(s) for the decision or action taken. 



