Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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).
(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.
Cite this article: FindLaw.com - 16 U.S.C. § 1441 - U.S. Code - Unannotated Title 16. Conservation § 1441. Special use permits - last updated January 01, 2024 | https://codes.findlaw.com/us/title-16-conservation/16-usc-sect-1441/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)