Notice: November 30th 2024, Chumash Heritage National Marine Sanctuary’s regulations took effect and certain activities are now prohibited within the sanctuary. NOAA established a “certification” process where pre-existing activities approved by a valid federal, state, or local permit, lease, or license that would otherwise be prohibited could be “certified” and allowed to continue.
If you hold any such approval for a prohibited activity in the sanctuary, you may need to seek a certification. There is a 120-day window to request a certification, which began on November 30th, 2024, and will run until March 30th, 2025. Please review the permit application by March 30th 2025.
Additional information, including instructions on how to apply for a certification can be found in this certification guidance and information document.
See ONMS’ public notification letter.
What are permits used for?
NOAA’s Office of National Marine Sanctuaries has the authority to issue permits to allow some types of activities that are otherwise prohibited by sanctuary regulations, but which generally present a public benefit by furthering the management and protection of sanctuary resources.
When is a permit required?
A permit is required when an individual wishes to conduct an activity within a sanctuary that is otherwise prohibited. The sanctuary permit application and guidance on how to apply for a sanctuary permit can be found on the Office of National Marine Sanctuaries permits page.
What types of permits are available?
Once an application is received, NOAA determines which type of permit, or approval, to process:
- Sanctuary General Permit – issued for specific purposes, including: research, education, management, or promoting or enhancing certain local Native American activities.
- Authorization – NOAA can authorize activities that are allowed under a separate local, state, or federal permit, lease, license, or other approval.
- Certification – certifications apply to activities existing at the time of sanctuary designation that are already permitted by a separate local, state, or federal permit, lease, license, or other approval. NOAA could approve these pre-existing activities and “grandfather” them into the sanctuary by certifying the underlying permit, lease, or license. NOAA may also impose terms and conditions as necessary to achieve the purposes for which the sanctuary was designated, as necessary.
- Special Use Permits – Section 310 of the National Marine Sanctuaries Act (16 U.S.C. § 1441; NMSA) allows the Secretary of Commerce, delegated to the Office of National Marine Sanctuaries to issue special use permits to authorize the conduct of specific activities in a sanctuary if 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. See ONMS’ Special Use Permits page page for more information. Note: for a two-year period, this Special Use Permit category does not apply to commercial submarine cables in any new sanctuaries designated after August 16, 2024, which includes Chumash Heritage National Marine Sanctuary. See Federal Register Notice 89 FR 66689 for more information.