§ 1441. — Special use permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1441]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1441. Special use permits
(a) Issuance of permits
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) Public notice required
The Secretary shall provide appropriate public notice before
identifying any category of activity subject to a special use permit
under subsection (a) of this section.
(c) Permit terms
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) Fees
(1) Assessment and collection
The Secretary may assess and collect fees for the conduct of any
activity under a permit issued under this section.
(2) Amount
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) Use of fees
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) Waiver or reduction of fees
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) Violations
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) Reports
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) Fishing
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.
(Pub. L. 92-532, title III, Sec. 310, as added Pub. L. 100-627, title
II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 106-513,
Sec. 11, Nov. 13, 2000, 114 Stat. 2389.)
Amendments
2000--Subsec. (b). Pub. L. 106-513, Sec. 11(1), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106-513, Sec. 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, Sec. 11(1), redesignated subsec. (c)
as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2)(C). Pub. L. 106-513, Sec. 11(3), substituted
``resource.'' for ``resource and a reasonable return to the United
States Government.''
Subsec. (d)(3)(B). Pub. L. 106-513, Sec. 11(4), struck out
``designating and'' after ``expenses of''.
Subsec. (d)(4). Pub. L. 106-513, Sec. 11(5), added par. (4).
Subsecs. (e) to (g). Pub. L. 106-513, Sec. 11(1), redesignated
subsecs. (d) to (f) as (e) to (g), respectively.
