Permit procedures and criteria.

§ 922.107 Permit procedures and criteria. (a) Any person in possession of a valid permit issued by the Director, in consultation with the ASDOC, in accordance with this section and § 922.48, may conduct an activity otherwise prohibited by § 922.103, § 922.104, and § 922.105 in the Sanctuary if such activity is judged not to cause long-term or irreparable harm to the resources of the Sanctuary, and is: (1) Related to research involving Sanctuary resources designed to enhance understanding of the Sanctuary environment or to improve resource management decisionmaking; (2) Intended to further the educational value of the Sanctuary and thereby enhance understanding of the Sanctuary environmental or improve resource management decisionmaking; (3) Intended to further the management of the Sanctuary; or (4) For salvage or recovery operations. (b) Permit applications shall be addressed to the Director, Office National Marine Sanctuaries; ATTN: Sanctuary Superintendent, American Samoa National Marine Sanctuary, P.O. Box 4318, Pago Pago, AS 96799. (c) In considering whether to grant a permit, the Director shall evaluate such matters as: (1) The general professional and financial responsibility of the applicant; (2) The appropriateness of the methods being proposed for 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, education, or scientific information; and (4) The end value of the activity. (d) In addition to meeting the criteria in this section and § 922.48, the applicant also must demonstrate to the Director that: (1) The activity shall be conducted with adequate safeguards for the environment; and (2) The environment shall be returned to, or will regenerate to, the condition which existed before the activity occurred. (e) The Director may, at his or her discretion, grant a permit which has been applied for pursuant to this section, in whole or in part, and subject the permit to such condition(s) as he or she deems necessary.