§1441 — Title 16 Conservation | U.S. Code

Summary

The Secretary can approve special permits that let people do certain activities inside a national marine sanctuary when needed to set access rules or to help the public use and learn about the area. Before naming any category of activities that will need a permit, the Secretary must give public notice. Permits only allow activities that fit the sanctuary’s purpose and protect its resources. A permit lasts no more than 5 years unless renewed. Permit holders must avoid destroying or harming sanctuary resources. They must carry general liability insurance or post an equivalent bond and agree to protect the United States from claims. The Secretary can charge fees for permits. Fees must cover the cost of issuing the permit, costs caused by the activity (including monitoring), and the fair market value of using the resource. Fees can be used to run the permit program and manage sanctuaries. The Secretary may accept in-kind contributions instead of the fair market value fee or reduce/waive fees for non‑profit activities that do not profit from sanctuary use. If a permit is violated, the Secretary may suspend or revoke it without paying the permit holder and without liability to the United States, and may also impose fines under the law. Each permit holder must send an annual report by December 31 describing the activities and revenues from the permit. Fishing activities are not required to get these permits.

Title 16, §1441

Conservation — Source: USLM XML via OLRC

(a)The Secretary may issue special use permits which authorize the conduct of specific activities in a national marine sanctuary if the Secretary determines such authorization is necessary—

(1)to establish conditions of access to and use of any sanctuary resource; or

(2)to promote public use and understanding of a sanctuary resource.

(b)The Secretary shall provide appropriate public notice before identifying any category of activity subject to a special use permit under subsection (a).

(c)A permit issued under this section—

(1)shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources;

(2)shall not authorize the conduct of any activity for a period of more than 5 years unless renewed by the Secretary;

(3)shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources; and

(4)shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the permit and to agree to hold the United States harmless against such claims.

(d)(1)The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section.

(2)The amount of a fee under this subsection shall be equal to the sum of—

(A)costs incurred, or expected to be incurred, by the Secretary in issuing the permit;

(B)costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity; and

(C)an amount which represents the fair market value of the use of the sanctuary resource.

(3)Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary—

(A)for issuing and administering permits under this section; and

(B)for expenses of managing national marine sanctuaries.

(4)The Secretary may accept in-kind contributions in lieu of a fee under paragraph (2)(C), or waive or reduce any fee assessed under this subsection for any activity that does not derive profit from the access to or use of sanctuary resources.

(e)Upon violation of a term or condition of a permit issued under this section, the Secretary may—

(1)suspend or revoke the permit without compensation to the permittee and without liability to the United States;

(2)assess a civil penalty in accordance with section 1437 of this title; or

(3)both.

(f)Each person issued a permit under this section shall submit an annual report to the Secretary not later than December 31 of each year which describes activities conducted under that permit and revenues derived from such activities during the year.

(g)Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities in a national marine sanctuary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (b). Pub. L. 106–513, § 11(1), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–513, § 11(1), (2), redesignated subsec. (b) as (c) and substituted “insurance, or post an equivalent bond,” for “insurance” in par. (4). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 106–513, § 11(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(2)(C). Pub. L. 106–513, § 11(3), substituted “resource.” for “resource and a reasonable return to the United States Government.” Subsec. (d)(3)(B). Pub. L. 106–513, § 11(4), struck out “designating and” after “expenses of”. Subsec. (d)(4). Pub. L. 106–513, § 11(5), added par. (4). Subsecs. (e) to (g). Pub. L. 106–513, § 11(1), redesignated subsecs. (d) to (f) as (e) to (g), respectively.

§1441 Special Use Permits

Summary

Title 16, §1441

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata