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Authorization and Certification

Responsible Agency: 
DOC
Description: 
An authorization (15 C.F.R. 922.49) provides a sanctuary with the power to "authorize" or give legal or official approval to another applicable federal, state, or local permit to allow an activity otheriwse prohibited by sanctuary regulations and unable to qualify for an ONMS general or special use permit. As of March 2016, six national marine sanctuaries—Florida Keys, Flower Garden Banks, Monterey Bay, Olympic Coast, Stellwagen Bank, and Thunder Bay—have the ability to issue authorizations. The ONMS considers the general permit regulatory review criteria at 15 C.F.R. pt. 922 when deciding whether to issue an authorization, but does not require that all criteria be met. Similarly, newly designated sites, or new portions of recently expanded sanctuaries may use certifications (15 C.F.R. 922.47) to "authorize" otherwise prohibited pre-existing uses that took place prior to the designation or expansion of a sanctuary. In other words, authorizations only effect new activites otherwise prohibited within a sanctuary whereas certifications only effect prior uses.
Activity/Trigger: 
Authorization: When an applicant applies for a federal, state, or local permit to allow an activity otheriwse prohibited by sanctuary regulations and unable to qualify for an ONMS general or special use permit. Certification: When an applicant already holds a federal, state, or local permit to allow an activity otheriwse prohibited by sanctuary regulations and unable to qualify for an ONMS general or special use permit at the time a new sanctuary is designated or expanded.
Statute or Regulations: 
Authorizations, 15 C.F.R. § 922.49; Certifications, 15 C.F.R. § 922.47
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