Permits

male elephant seal resting on a beach
Responsibly view wildlife from a safe distance to not disturb their natural behaviors, including northern elephant seals (Mirounga angustirostris), which rest on sanctuary beaches. Photo: Matt McIntosh/NOAA

NOAA's Office of National Marine Sanctuaries (ONMS) issues permits to authorize activities that are normally prohibited by Monterey Bay National Marine Sanctuary regulations, outlined in the Code of Federal Regulations (CFR) at Title 15 Part 922 Subpart M. A permit is required when an individual conducts a regulated activity within the sanctuary boundaries and certain activities within special regulatory zones, such as the NOAA regulated overflight zones.

Common activities which may qualify for a permit include research on sanctuary natural and cultural resources, educational activities, and management activities. Special use permits may be issued for certain categories of activities including placement of objects on the seafloor associated with public events and commercial low-overflight activities within the NOAA regulated overflight zones. ONMS can also issue authorizations for activities otherwise prohibited if such activities are specifically allowed by a valid lease, permit, license, approval, or other authorization. Special terms and conditions found in sanctuary permits and authorizations ensure approved projects are allowed to occur with minimal negative impact to the sanctuary. Additional permits from other local, state, and federal management agencies may be required in addition to the permit from ONMS.

When to Apply

Timely submission of permit application is required and must be submitted at least 90 days in advance of proposed activity. ONMS aims to process applications to meet the requested effective date; however, please note there is no guarantee a permit application will be processed by the requested effective date. ONMS generally reviews applications on a first-come, first-served basis (unless sanctuary-specific priorities are established). For many applications, after initial review, ONMS may request supplementary details. Reviewing and adhering to the ONMS permit application instructions will help ensure your permit application is processed more efficiently.

ONMS typically issues most permits within 45 days of having a complete application with a sufficient level of detailed information. However, processing times may be longer depending on a variety of factors, including:

  1. The sensitivity or complexity of the request
  2. Incomplete or inaccurate information in application (review the permit application instructions carefully and refer to appendices for certain situations and activities such as those dealing with archeological resources, fireworks, construction, or dredge disposal)
  3. Determining whether a proposed activity meets the review criteria in sanctuary regulations
  4. The number of pending applications under review at that time of year
  5. Any requirements for additional environmental compliance analyses (e.g., environmental assessments) or consultations with other agencies or tribes
  6. Requests for collection of sensitive or protected species, or requests which may require ONMS to undertake certain National Environmental Policy Act or consultation requirements (e.g., projects with potentially substantial or unknown impacts, proposals with unique or untested methods).

Note: Applications that may require ONMS to prepare an environmental assessment or environmental impact statement prior to issuance will typically require 12 months or more to process.

How to Apply

For most proposed activities, an ONMS permit application must be completed. A single application can be submitted for activities which span more than one sanctuary. Guidance, instructions, application form, and related information are provided:

Where to Apply

Submit completed applications to the sanctuary office in which you plan to conduct the activity. Failure to provide complete and accurate information can further delay the determination of eligibility for a permit. For Monterey Bay National Marine Sanctuary, the preferred submittal method is to email the completed application with the subject line "New Permit Application" to Kacy Cooper, permit coordinator, at kacy.cooper@noaa.gov.

Permit Issuance

Once your permit application is approved and a permit is issued, you will receive a copy of the permit via email. A countersigned permit must be provided back to the sanctuary within 30 days or prior to conducting activities under the permit. You must carry a copy of the final permit at all times while performing permitted activities in the sanctuary. Most permits require annual reports. Once a permit has been issued, changes can be made in the form of an amendment. Requests for amendments must be received at least 60 calendar days before a permit expires.