Editorial Note on Part 922
Editorial Note: Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997 and at 62 FR 67724, Dec. 30, 1997.

§ 922.33 Review procedures and evaluation. ( a ) *Review criteria.* In addition to any relevant site-specific permit review criteria, the Director shall not issue a permit under this subpart or the relevant subpart, unless he or she also finds that: ( 1 ) The proposed activity will be conducted in a manner compatible with the primary objective of protection of national marine sanctuary resources and qualities, taking into account the following factors: the extent to which the conduct of the activity may diminish or enhance national marine sanctuary resources and qualities; and any indirect or cumulative effects of the activity;
( 2 ) It is necessary to conduct the proposed activity within the national marine sanctuary to achieve its stated purpose;
( 3 ) The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity's stated purpose and avoid, minimize, or otherwise mitigate adverse effects on sanctuary resources and qualities as much as possible;
( 4 ) The duration of the proposed activity and its effects are no longer than necessary to achieve the activity's stated purpose;
( 5 ) The expected end value of the activity to the furtherance of national marine sanctuary goals and purposes outweighs any potential adverse impacts on sanctuary resources and qualities from the conduct of the activity;
( 6 ) The applicant is professionally qualified to conduct and complete the proposed activity;
( 7 ) The applicant has adequate financial resources available to conduct and complete the proposed activity and terms and conditions of the permit;
( 8 ) There are no other factors that would make the issuance of a permit for the activity inappropriate; and
( 9 ) For Olympic Coast National Marine Sanctuary, the activity as proposed does not adversely affect any Washington Coast treaty tribe.
( b ) *Permit terms and conditions.* The Director, at his or her discretion, may subject a permit issued under this subpart or other relevant subpart to such terms and conditions as he or she deems appropriate. A permit granted pursuant to this subpart is nontransferable.
( c ) *Permit actions.* The Director may amend, suspend, or revoke a permit issued pursuant to this part or other relevant subpart for good cause. Procedures governing permit sanctions and denials for enforcement reasons are set forth in subpart D of 15 CFR part 904.
( d ) *Denial of permit application.* The Director may deny a permit application, in whole or in part, if it is determined that: ( 1 ) The proposed activity does not meet the review criteria specified in this subpart or the relevant subpart of any national marine sanctuary in which the proposed activity is to take place;
( 2 ) The permittee or applicant has acted in violation of the terms and conditions of a permit issued under this subpart or the relevant subpart of any national marine sanctuary in which the proposed activity is to take place;
( 3 ) The permittee or applicant has acted in violation of any regulation set forth in this subpart, the NMSA, or the FKNMSPA;
( 4 ) The proposed activity has resulted in unforeseen adverse impacts to Sanctuary resources or qualities; or
( 5 ) For other good cause.
( e ) *Communication of actions and denials.* Any action taken by the Director under paragraphs (c) and (d) of this section shall be communicated in writing to the permittee or applicant and shall set forth the reason(s) for the action taken.