proposed, the equipment, methods, and personnel (particularly describing 

 relevant experience) involved, and a timetable for completion of the proposed 

 activity. Copies of all other required licenses or permits shall be attached. 



(c) In considering whether to grant a permit the Assistant 

 Administrator shall evaluate such matters as (1) the general professional 

 and financial responsibility of the applicant; (2) the appropriateness 

 of the methods envisioned to 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, educational or 

 scientific Information; (4) the end value of the activity and (5) such other 

 matters as deemed appropriate. 



(d) In considering any application submitted pursuant to this Section, 

 the Assistant Administrator shall seek the view of the Fishery Management 

 Councils and may seek and consider the views of any person or entity, within 



or outside of the Federal Government, and may hold a public hearing, as deemed 

 appropriate. 



(e) The Assistant Administrator, may, in his or her discretion grant 

 a permit which has been applied for pursuant to this Section, in whole or in 

 part, and subject to such cond1t1on{s) as deemed appropriate. The Assistant 

 Administrator or a designated representative may observe any permitted activity 

 and/or require the submission of one or more reports of the status or progress of 

 such activity. Any Information obtained shall be made available to the public. 



(f) The permit granted under paragraph (e) may not be transferred. 



(g) The Assistant Administrator may amend, suspend or revoke a permit 

 granted pursuant to this Section, in whole or In part, temporarily or indefinitely. 

 If the permit holder (the Holder) has acted in violation of the terms of the permit 

 or of the applicable regulations. Any such action shall be set forth In writing 



to the Holder, and shall set forth the reason(s) for the action taken. The Holder 

 may appeal the action as provided for In 937.10. 



937.9. Certifiction of Other Permits 



All permits, licenses and other authorizations Issued pursuant to any 

 other authority are hereby certified and shall remain valid if they do not 

 authorize any activity prohibited by section 937.6. Any interested person may 

 request that the Assistant Administrator offer an opinion on whether an activity 

 Is prohibited by these regulations. 



935.10. Appeals for Administrative Action 



(a) Any Interested person (the Appellant) may appeal the granting, 

 denial, or conditioning of any permit under section 937.8 to the Administrator 



of NOAA. In order to be considered by the Administrator, such appeal shall be in 

 writing, shall state the actlon(s) appealed and the reason(s) therefore and must 

 be submitted within 30 days of the actlon(s) by the Assistant Administrator. The 

 Appellant may request an Informal hearing on the appeal. 



(b) Upon receipt of an appeal authorized by .this Section, the Administrator 

 shall notify the permit applicant, if other than the Appellant, and may request 



such additional information and in such form as will allow action upon the appeal. 

 Upon receipt of sufficient information, the Administrator shall decide the appeal 



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