§1415 License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits

Summary

Before giving or transferring a license for exploration or a permit for commercial recovery, the Administrator must write a finding. The Administrator must first consult other federal departments and agencies under section 1413(e) and consider public comments. The finding must say the proposed activity will not unfairly block other countries’ high-seas freedoms, will not break any U.S. treaty or international agreement, will not likely lead to armed conflict, will not likely cause a significant harmful effect on the environment (using any required environmental review), and will not create an excessive danger to life or property at sea. Within 180 days after an application is certified, the Administrator must propose the terms, conditions, and restrictions for the activity and give the applicant a written statement. If more time is needed, the applicant must be told why and when the proposal will be done. After the final environmental review, the Administrator will issue the license or permit with those terms. The holder must object in writing within 60 days to any term they oppose, or those terms are treated as accepted. The Administrator can later change terms after consulting agencies and the licensee to protect other states’ rights, the environment, safety, or to avoid conflicts with international obligations or threats to peace (some changes must be made in writing by the President). Licensees may ask for revisions, which the Administrator must approve if they meet the law and rules. Before deciding, the Administrator must consult any Regional Fishery Management Council if fisheries could be harmed.