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Summer 1994 |
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Page 7 |
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Inside |
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Protecting Resources: Regulations and Permits |
pg. 7 |
Regulations and Permits
The highest priority for all national marine sanctuaries is the long-term protection of their natural and cultural resources. To help protect resources within the marine sanctuaries, certain activities are prohibited. Within the Monterey Bay National Marine Sanctuary, these include:
- exploring for, developing or producing oil, gas or minerals
- discharging or depositing any materials into sanctuary waters*
- discharging or depositing any materials into waters beyond the sanctuary boundary which subsequently enter the sanctuary*
- flying motorized aircraft below 1,000 feet within four coastal zones
- altering the seabed or constructing any structures on the seabed*
- moving, removing or harming historical resources
- injuring or harassing marine mammals, turtles and
seabirds
(*Note: Some exceptions apply to these regulations.)
In some cases a permit may be issued to conduct an activity that is otherwise prohibited by sanctuary regulations, with one major exception. Under no circumstances can a permit be issued to allow oil, gas or mineral exploration or extraction within the sanctuary.
If a person or organization has a need to conduct a prohibited activity, they may apply to the sanctuary office for a permit. The proposed activity must meet certain criteria. The activity may have only negligible short-term adverse effects on sanctuary resources and qualities, and must either further research related to sanctuary resources and qualities, further the educational, natural or historical resource value of the sanctuary, further salvage or recovery operations in or near the sanctuary in connection with a recent air or marine casualty or an abandoned shipwreck, or assist in managing the sanctuary.
If the activity does not satisfy these criteria, than a permit cannot be issued by the sanctuary manager. However, there are two exceptions to this rule. An individual may apply for a "special permit" to conduct a commercial activity that is otherwise prohibited by the regulations, or an individual may apply to have a valid permit from another federal, state or local agency authorized by the sanctuary. In this latter case, the sanctuary may impose additional conditions.
A written description of the Monterey Bay National Marine Sanctuary permit process is available upon request from the sanctuary office. In general, individuals are requested to send a package containing a cover letter, a project summary or abstract, technical information (e.g., objectives, statement of project significance, methods, duration, personnel and references), a description of environmental consequences and how the results will be treated, and any other supporting information. Materials should be submitted at least 30 days in advance of a project's intended starting date.
Once a permit application has been received, sanctuary staff in Monterey review the request and consult with headquarters staff in Silver Spring, Maryland to determine if the proposed project should be permitted. Considerations in making this determination include the professional qualifications of the applicant as related to the proposed activity, duration of the activity and its effects, appropriateness of the proposed methods and procedures, and the extent to which the activity may diminish or enhance sanctuary resources and qualities.
In most cases, permits are issued only for activities that have a minimal impact on the sanctuary and its resources.
For more information about sanctuary regulations and
permits, please call Program Specialist Aaron King at (408)
647-4257. 
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1999