50 CFR 404.11 - Permitting procedures and criteria.

§ 404.11 Permitting procedures and criteria.
(a) Issuance. Subject to such terms and conditions as the Secretaries deem appropriate, a person may conduct an activity prohibited by § 404.7 if such activity is specifically authorized by a permit issued under this section.
(b) Application requirements. Applicants for permits under this section shall submit applications to: Northwestern Hawaiian Islands Marine National Monument, 6600 Kalanianaole Highway, Suite 300, Honolulu, HI 96825.
(c) Permit Types. A permit under this subpart may be issued if the Secretaries find that the activity:
(1) Is research designed to further understanding of Monument resources and qualities;
(2) Will further the educational value of the Monument;
(3) Will assist in the conservation and management of the Monument;
(4) Will allow Native Hawaiian practices subject to paragraph (e) of this section;
(5) Will allow a special ocean use subject to paragraph (f) of this section; or
(6) Will allow recreational activities subject to paragraph (g) of this section.
(d) Findings. A permit may not be issued under this section unless the Secretaries find:
(1) The activity can be conducted with adequate safeguards for the resources and ecological integrity of the Monument;
(2) The activity will be conducted in a manner compatible with the purposes of the Proclamation, considering the extent to which the conduct of the activity may diminish or enhance Monument resources, qualities, and ecological integrity, any indirect, secondary or cumulative effects of the activity, and the duration of such effects;
(3) There is no practicable alternative to conducting the activity within the Monument;
(4) The end value of the activity outweighs its adverse impacts on Monument resources, qualities, and ecological integrity;
(5) The duration of the activity is no longer than necessary to achieve its stated purpose;
(6) The applicant is qualified to conduct and complete the activity and mitigate any potential impacts resulting from its conduct;
(7) The applicant has adequate financial resources available to conduct and complete the activity and mitigate any potential impacts resulting from its conduct;
(8) The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity's goals in relation to their impacts to Monument resources, qualities, and ecological integrity;
(9) The applicant's vessel has been outfitted with a mobile transceiver unit approved by OLE and complies with the requirements of § 404.5; and
(10) There are no other factors that would make the issuance of a permit for the activity inappropriate.
(e) Additional findings for Native Hawaiian practice permits. In addition to the findings listed in paragraph (d) of this section, a permit to allow Native Hawaiian practices under paragraph (c)(4) of this section, may not be issued unless:
(1) The activity is non-commercial and will not involve the sale of any organism or material collected;
(2) The purpose and intent of the activity are appropriate and deemed necessary by traditional standards in the Native Hawaiian culture (pono), and demonstrate an understanding of, and background in, the traditional practice, and its associated values and protocols;
(3) The activity benefits the resources of the Northwestern Hawaiian Islands and the Native Hawaiian community;
(4) The activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern Hawaiian Islands; and
(5) Any Monument resource harvested from the Monument will be consumed in the Monument.
(f) Additional findings, criteria, and requirements for special ocean use permits.
(1) In addition to the findings listed in paragraph (d) of this section, the following requirements apply to the issuance of a permit for a special ocean use under paragraph (c)(5) of this section:
(i) Any permit for a special ocean use issued under this section:
(A) Shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the Monument is designated and with protection of Monument resources;
(B) Shall not authorize the conduct of any activity for a period of more than 5 years unless renewed;
(C) Shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure Monument resources; and
(D) 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;
(ii) Each person issued a permit for a special ocean use under this section shall submit an annual report to the Secretaries not later than December 31 of each year which describes activities conducted under that permit and revenues derived from such activities during the year.
(2) In addition to the findings listed in paragraph (d) of this section, a permit may not be issued for a special ocean use unless the activity has been determined to be consistent with the findings made pursuant to paragraph (f) of this section.
(3) Categories of special ocean use being permitted for the first time under this section will be restricted in duration and permitted as a special ocean use pilot project. Subsequent permits for any category of special ocean use may only be issued if a special ocean use pilot project for that category meets the requirements of this section, and any terms and conditions placed on the permit for the pilot project.
(4) Public notice shall be provided prior to requiring a special ocean use permit for any category of activity not previously identified as a special ocean use.
(5) The following requirements apply to permits for a special ocean use for an activity within the Midway Atoll Special Management Area.
(i) A permit for a special ocean use for activities within the Midway Atoll Special Management Area may be issued provided:
(A) The activity furthers the conservation and management of the Monument; and
(B) The Director of the United States Fish and Wildlife Service or his or her designee has determined that the activity is compatible with the purposes for which the Midway Atoll National Wildlife Refuge was designated.
(ii) As part of a permit issued pursuant to this paragraph (f)(5), vessels may be allowed to transit the Monument as necessary to enter the Midway Atoll Special Management Area.
(6) A permit for a special ocean use for activities outside the Midway Atoll Special Management Area may be issued provided:
(i) The activity will directly benefit the conservation and management of the Monument;
(ii) The purpose of the activity is for research or education related to the resources or qualities of the Monument;
(iii) Public notice of the application and an opportunity to provide comments is given at least 30 days prior to issuing the permit; and
(iv) The activity does not involve the use of a commercial passenger vessel.
(g) Additional findings for recreation permits. A permit for recreational activities under paragraph (c)(6) of this section may be issued for activities to be conducted within the Midway Atoll Special Management area if, in addition to the findings listed in paragraph (d) of this section:
(1) The activity is for the purpose of recreation as defined in section 404.3;
(2) The activity is not associated with any for-hire operation; and
(3) The activity does not involve any extractive use.
(h) Sustenance fishing. Sustenance fishing, as defined in 404.3, may be allowed outside of any Special Preservation Area as a term or condition of any permit issued under this part. Sustenance fishing in the Midway Atoll Special Management Area shall not be allowed unless the activity has been determined by the Director of the U.S. Fish and Wildlife Service or his or her designee to be compatible with the purposes for which the Midway Atoll National Wildlife Refuge was established. Sustenance fishing must be conducted in a manner compatible with the Proclamation and this part, including considering the extent to which the conduct of the activity may diminish Monument resources, qualities, and ecological integrity, as well as any indirect, secondary, or cumulative effects of the activity and the duration of such effects. Sustenance fishing is subject to systematic reporting requirements when developed by the Secretaries.
[71 FR 51135, Aug. 29, 2006, as amended at 72 FR 5643, Feb. 7, 2007]

Title 50 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 431 - National monuments; reservation of lands; relinquishment of private claims

§ 431a - Limitation on further extension or establishment of national monuments in Wyoming

§ 432 - Permits to examine ruins, excavations, and gathering of objects; regulations

§ 433 - American antiquities

§ 433a - Perry’s Victory and International Peace Memorial; establishment

§ 433b - Administration, protection, and development

§ 433c - Acceptance of donations of lands and funds; acquisition of land

§ 433d - Repealed.

§ 433e - Repealed.

§ 433f - Inconsistent laws repealed

16 U.S. Code § -

§ 433g - Fort Frederica National Monument; establishment

§ 433h - Donation of property; acquisition of lands

16 U.S. Code § -

§ 433i - Museum; historical markers

§ 433j - Administration, protection, and development

§ 433k - Whitman Mission National Historic Site; acquisition of land; establishment, supervision and maintenance

16 U.S. Code § -

16 U.S. Code § -

§ 433m - Authorization of appropriation

§ 433n - Change in name of Whitman National Monument

§ 434 - National monument in Riverside County, California

§ 435 - Acquiring reservation land

§ 436 - Omitted

§ 437 - Fort McHenry; restoration and preservation

§ 438 - Repairs and improvements; how made

§ 439 - Land for use of Secretary of the Treasury

§ 440 - Closure in times of national emergency

§ 440a - Change in name of Fort McHenry Park

§ 441 - Badlands National Park; establishment

§ 441a - Boundaries

§ 441b - Construction of highway by State of South Dakota

§ 441c - Administration, protection, and promotion; franchises for hotel and lodge accommodations

§ 441d - Examinations, excavations, and gathering of objects of interest within park

§ 441e - Effective date of

16 U.S. Code § -

§ 441f - Adjustment and redefinition of boundaries

§ 441g - Orders to effectuate revision of boundaries; publication

§ 441h - Jurisdiction of mining and mineral rights; patents

§ 441i - Exchanges of land

§ 441j - Revision of boundaries

§ 441k - Acquisition of property for park

16 U.S. Code § -

§ 441m - Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions

§ 441n - Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title

16 U.S. Code § -

§ 442 - George Washington Birthplace National Monument

§ 443 to 443f - Transferred

§ 444 - Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands

§ 444a - Ascertainment of value of lands offered for exchange; evidence of title

§ 445 - Canyon De Chelly National Monument; establishment; boundaries

§ 445a - Rights and privileges of Navajo Indians in canyons

§ 445b - Administration by National Park Service; powers and duties

§ 445c - Pipestone National Monument

§ 445d - Acquisition of additional lands, Pipestone School Reserve and non-Federal land; redefining of boundaries; quarry rights of Indians

§ 446 - Sites for tablets at Antietam; care and supervision

§ 447 - Repealed.

§ 447a - Ocmulgee National Monument; establishment; acquisition of property

§ 447b - Donation of property; condemnation proceedings

§ 447c - Administration, protection, and development

§ 448 - Pioneer National Monument; establishment

§ 449 - Acceptance of donations of land and funds; acquisition of land

§ 450 - Administration, protection, and development

§ 450a - Chalmette, Louisiana, Monument

§ 450b to 450e - Repealed.

16 U.S. Code § 450b to 450e - Repealed.

§ 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § -

§ 450m - Acceptance of donations of lands and funds; acquisition of land

§ 450n - Administration, protection, and development

16 U.S. Code § -

§ 450p - Acquisition of property; donations

§ 450q - Administration, protection, and development

§ 450r - Ackia Battleground National Monument; establishment

§ 450s - Omitted

§ 450t - Administration, protection, and development

§ 450u - Homestead National Monument of America; establishment

§ 450v - Omitted

§ 450w - Administration; establishment of museum

§ 450x - Authorization of annual appropriations

§ 450y - Coronado National Memorial; establishment

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450z - Repealed.

§ 450aa - George Washington Carver National Monument; acquisition of land

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450bb - Harpers Ferry National Historical Park

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450cc - Castle Clinton National Monument; establishment

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450dd - De Soto National Memorial; establishment

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450ee - Fort Sumter National Monument; establishment

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450ff - Fort Vancouver National Historic Site; establishment

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

16 U.S. Code § 450f to 450k - Repealed. Dec. 21, 1944, ch. 634,

§ 450gg to 450gg–3 - Repealed.

§ 450hh - Saint Croix Island International Historic Site; establishment; acceptance of land; size

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

§ 450ii - Joshua Tree National Monument; revision of boundaries

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

§ 450jj - Jefferson National Expansion Memorial; authorization

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

§ 450kk - Fort Union National Monument; acquisition of site and other lands; reversions and reservations

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § -

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

16 U.S. Code § 450gg to 450gg–3 - Repealed.

§ 450mm to 450mm–3 - Repealed.

§ 450nn - General Grant National Memorial; establishment

16 U.S. Code § -

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

§ 450pp - Roger Williams National Memorial; acquisition of site

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

16 U.S. Code § 450mm to 450mm–3 - Repealed.

§ 450qq to 450qq–4 - Omitted

§ 450rr - R.M.S. Titanic; international maritime memorial; findings and purposes

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

§ 450ss - Findings and purposes

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 450qq to 450qq–4 - Omitted

16 U.S. Code § 460b, 460c - Repealed.

§ 668dd - National Wildlife Refuge System

§ 668ee - Definitions

§ 742f - Powers of Secretaries of the Interior and Commerce

16 U.S. Code § -

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

Public Laws