16 U.S. Code § 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—
(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
(1) Assessment and collection
The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section.
The amount of a fee under this subsection shall be equal to the sum of—
(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
(3) Use of fees
Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary—
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
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.
Source(Pub. L. 92–532, title III, § 310, as added Pub. L. 100–627, title II, § 203(3),Nov. 7, 1988, 102 Stat. 3214; amended Pub. L. 106–513, § 11,Nov. 13, 2000, 114 Stat. 2389.)
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), redesignatedsubsec. (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), redesignatedsubsec. (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), redesignatedsubsecs. (d) to (f) as (e) to (g), respectively.
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