August 20, 2008

(1) A person may conduct any commercial or concession-type activity prohibited by §§ 922.163 or 922.164, if such activity is specifically authorized by, and is conducted in accordance with the scope, purpose, terms and conditions of, a Special-use permit issued under this paragraph (d). A Special-use permit is required for the deaccession/transfer of Sanctuary historical resources.

(2) The Director, at his or her discretion, may issue a Special-use permit in accordance with this paragraph, and subject to such terms and conditions as he or she deems appropriate and the mandatory terms and conditions of section 310 of the NMSA, if the Director finds that issuance of such permit is reasonably necessary to: (i) establish conditions of access to and use of any Sanctuary resource; or (ii) promote public use and understanding of any Sanctuary resources. No permit may be issued unless the activity is compatible with the purposes for which the Sanctuary was designated and can be conducted in a manner that does not destroy, cause the loss of, or injure any Sanctuary resource, and if for the deaccession/transfer of Sanctuary Historical Resources, unless such permit issuance is in accordance with, and that the activity will be conducted in accordance with, all requirements of the SCR Agreement.

(3) The Director may assess and collect fees for the conduct of any activity authorized by a Special-use permit issued pursuant to this paragraph (d). No Special-use permit shall be effective until all assessed fees are paid, unless otherwise provided by the Director by a fee schedule set forth as a permit condition. In assessing a fee, the Director shall include:

(i) all costs incurred, or expected to be incurred, in reviewing and processing the permit application, including, but not limited to, costs for: (A) number of personnel; (B) personnel hours; (C) equipment; (D) biological assessments; (E) copying; and (F) overhead directly related to reviewing and processing the permit application;

(ii) all costs incurred, or expected to be incurred, as a direct result of the conduct of the activity for which the Special-use permit is being issued, including, but not limited to: (A) the cost of monitoring the conduct both during the activity and after the activity is completed in order to assess the impacts to Sanctuary resources and qualities; (B) the use of an official NOAA observer, including travel and expenses and personnel hours; and (C) overhead costs directly related to the permitted activity; and

(iii) an amount which represents the fair market value of the use of the Sanctuary resource and a reasonable return to the United States Government.

(4) Nothing in this paragraph shall be considered to require a person to obtain a permit under this paragraph for the conduct of any fishing activities within the Sanctuary.

* See Florida Keys National Marine Sanctuary Final Management Plan/Environmental Impact Statement, Vol. 1, Management Plan, pp. 125 - 126.

I. The following criteria are used for determining whether artifacts recovered through a Research/Recovery Permit are available for transfer:

A. The following are historical artifacts:

1. All portions of shipwrecks, which are of archaeological interest and at least 50 years old, including, but not limited to, armaments, apparel, tackle, and cargo;

2. Any material remains, if they are at least 50 years old and reflect past human life or activities, or have social, cultural, archaeological, aesthetic, or religious significance with regard to past human life or activities, found within or as part of a shipwreck, in the debris field of a shipwreck, or in a historical context. This includes, but is not limited to, any portion or piece of crafted items, modified raw materials, natural-state raw materials, food products, and paleontological remains.

B. Items which do not meet the definition in A.1 or A.2 are not historical artifacts.

C. The following criteria are used to determine High, Moderate, and Low Archaeological Significance of historical artifacts.

1. High Archaeological Significance

a. An intact collection is usually of higher historical value than unrelated artifacts;

b. Items that are rare or unique are of high historical interest;

c. Items that have future potential for archaeological, historical, cultural, or scientific research are of high historical interest.

2. Moderate Archaeological Significance

a. Items of modified raw material are usually of moderate historical interest;

3. Low Archaeological Significance

a. Items with no archaeological association are usually of low historical interest;

b. Identical artifacts are usually of low historical interest when a representative sample is retained in public ownership;

c. Similar artifacts are usually of low historical interest when a sample representing all types is retained in public ownership;

d. Items of unmodified raw material are usually of low historical interest when a sample representing the full range of variation is retained in public ownership.

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D. Guidelines for transfer of historical artifacts:

1. Items of high historical interest shall not be transferred;

2. Items of moderate historical interest, may be transferred. No such artifacts shall be conveyed until all conditions of a research/recovery permit, during the period the artifacts were recovered, have been satisfied and representative samples have been retained;

3. Items of low historical interest may be transferred;

4. Items that are recovered illegally, or in violation of a permit or condition thereof are not available for transfer of title.

E. Guidelines for determining a representative sample of coins and bars to be kept in public ownership as per I.C.3.b & c (above).

1. Coins will be classified according to mint, date, assayer, and any distinctly unusual features or marks for the purpose of determining duplication. Recognizing that no two hand-made coins are exactly alike, a representative sample should consist of a least three examples of each type and variety including numismatically-significant variations in dies and stamps.

2. Silver and gold bars will be classified according to size and stamps or other identifying marks for the purpose of determining duplication. Recognizing that bars are not of uniform weight and size and purity and that bars may be individually numbered and stamped, a representative sample should consist of at least two examples of each type including numismatically-significant variations in dies and stamps.

3. The representative sample from each shipwreck site should consist of the best examples of each type and variety. In the event that a better example than those already in the representative sample is available for transfer, the best specimen shall be added to the representative sample in exchange for a similar example of lesser quality.

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II. Guidelines for applying for Artifact Deaccession/Transfer Permit.

Applicant will complete the permit application supplying the following information:

A. Title of project as it appears on Research/Recovery Application;

B. Applicant's name, address, telephone number, and affiliation;

C. FKNMS Research/Recovery Permit # (or attach application for R/R permit if no number yet assigned).

D. A statement verifying the applicant's understanding of guidelines for artifact transfer and intent to comply with guidelines.

E. Signature and date.

III. Request for Transfer of Artifacts:

A request for transfer of artifacts under the provisions of a Special Use Permit shall have the following form:

A. List any objects which are not considered to meet the definitions of historical objects consistent with Section I.A.1 and I.A.2 (above).

B. List artifacts with your estimation of their level of historic significance (H=High, M=Moderate, L=Low) and specify criteria supporting this ranking using the criteria listed in Guideline I.C (for example, 1a, 3b, 3c).

C. Have all artifacts been conserved and/or stabilized and the conservation process begun, taking into consideration that some artifacts may require conservation processes that may exceed the duration of the annual field season and not be fully conserved at the time of the publication of the annual field season report? Have all artifacts been analyzed, interpreted in a published report, and have representative samples of similar artifact types been retained for research, education, or public display? If not, please explain.

D. Have field operations and laboratory analysis been completed and an annual report approved for the period during which the items were recovered. If not, please explain.

E. What plans have been made to preserve the artifacts as an intact collection and to make it available for future study, public interpretation, and exhibition?

F. Has information of the recovery activity and the archaeological findings been disseminated to the scientific community and the public? If so, how was this done?

G. Applicant's signature to this application signifies assertion that no artifacts were recovered illegally or in violation of a permit or condition within a permit.

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