Under section 310 of the National Marine Sanctuaries Act (16 U.S.C. § 1441), the ONMS can issue a special use permit and collect fees for a limited number of activities that either “establish conditions of access to and use of any sanctuary resource” or “promote public use and understanding of a sanctuary resource.” Each of the seven categories for a special use permit must also meet four legislative “permit terms,” one of which is a finding that the project will not destroy, cause the loss of, or injure sanctuary resources. Sanctuary resources are defined as any living or nonliving resource that contributes to the conservation, recreational, ecological, historical, educational, cultural, archeological, scientific, or aesthetic value of the sanctuary.
Here, the ONMS can issue a special use permit, "that establish[es] conditions of access to and use of any sanctuary resource," for the continued presence of commercial submarine cables on or within the submerged lands of any national marine sanctuary.