(a) A person may conduct an activity prohibited by § 922.92(a)(1) through (10) and § 922.94 if conducted in accordance within the scope, purpose, manner, terms and conditions of a permit issued under this section and § 922.48.
(b) Applications for such permits should be addressed to the Director, National Marine Sanctuary Program, ATTN: Manager, Gray's Reef National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411.
(c) The Director, 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 § 922.92(a)(1) through (10). The Director must also find that the activity will:
(1) Further research related to the resources and qualities of the Sanctuary;
(2) Further the educational, natural, or historical resource value of the Sanctuary;
(3) Further salvage or recovery operations in connection with a recent air or marine casualty; or
(4) Assist in managing the Sanctuary.
(d) The Director shall not issue a permit unless the Director also finds that:
(1) The applicant is professionally qualified to conduct and complete the proposed activity;
(2) The applicant has adequate financial resources available to conduct and complete the proposed activity;
(3) The duration of the proposed activity is no longer than necessary to achieve its stated purpose;
(4) The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity's goals in relation to the activity's impacts on Sanctuary resources and qualities;
(5) The proposed activity will be conducted in a manner compatible with the primary objective of protection of Sanctuary resources and qualities, considering the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities, any indirect, secondary or cumulative effects of the activity, and the duration of such effects;
(6) The proposed activity will be conducted in a manner compatible with the value of the Sanctuary as a source of recreation, or as a source of educational or scientific information considering the extent to which the conduct of the activity may result in conflicts between different users of the Sanctuary, and the duration of such effects;
(7) It is necessary to conduct the proposed activity within the Sanctuary to achieve its purposes;
(8) The reasonably expected end value of the activity to the furtherance of Sanctuary goals and purposes outweighs any potential adverse impacts on Sanctuary resources and qualities from the conduct of the activity; and
(9) There are no other factors that make the issuance of a permit for the activity inappropriate.
(e) 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.
(f) The Director shall, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public.
(g) The Director may, inter alia, make it a condition of any permit issued to require the submission of one or more reports of the status and progress of such activity.
(h) The Director may, inter alia, 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 status, progress or results of any activity authorized by the permit.
[71 FR 60063, Oct. 12, 2006, as amended at 76 FR 63832, Oct. 14, 2011]