Sec. 17. Permits
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The Act ( 16 U.S.C. 6401 et seq. ) is amended by inserting after section 214, as added by section 16 of this Act, the following: The Secretary may allow for the conduct of— bona fide research, and activities that would otherwise be prohibited by this title or regulations issued thereunder, through issuance of coral reef conservation permits in accordance with regulations issued under this title. The Secretary may not issue a permit for activities other than for bona fide research unless the Secretary finds— the activity proposed to be conducted is compatible with one or more of the purposes in section 202 of this title; the activity conforms to the provisions of all other laws and regulations applicable to the area for which such permit is to be issued; and there is no practicable alternative to conducting the activity in a manner that destroys, causes the loss of, or injures any coral reef or any component thereof.
The Secretary may place any terms and conditions on a permit issued under this section that the Secretary deems reasonable. Subject to regulations issued under this title, the Secretary may assess and collect fees as specified in this subsection. Any fee assessed shall be equal to the sum of— all costs incurred, or expected to be incurred, by the Secretary in processing the permit application, including indirect costs; and if the permit is approved, all costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity and educating the public about the activity and coral reef resources related to the activity.
Amounts collected by the Secretary in the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Secretary for issuing and administering permits under this section. For any fee assessed under paragraph (2), the Secretary may— accept in-kind contributions in lieu of a fee; or waive or reduce the fee. Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities not prohibited by this title or regulations issued thereunder. .
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