---
kind: "section"
citation: "15 C.F.R. § 971.602"
title: "15"
number: "971.602"
heading: "Significant adverse environmental effects."
url: "https://uscodex.org/cfr/15/971.602"
---

# §971.602. Significant adverse environmental effects.

- (a) **Determination of significant adverse environmental effects.** The Administrator will determine the potential for or the occurrence of any significant adverse environmental effect or impact (for the purposes of sections [103(a)(2)(D)](/cfr/15/103.md?p=a-2-D), [105(a)(4)](/cfr/15/105.md?p=a-4), [106(c)](/cfr/15/106.md?p=c) and [109(b)](/cfr/15/109.md?p=b) (second sentence) of the Act), on a case-by-case basis.
- (b) **Basis for determination.** Determinations will be based upon the best information available, including relevant environmental impact statements, NOAA-collected data, monitoring results, and other data provided by the applicant or permittee, as well as consideration of the criteria in [§ 971.601(a)](/cfr/15/971.601.md?p=a).
- (c) **Related considerations.** In making a determination the Administrator may take into account any TCRs or other mitigation measures.
- (d) **Activities with no significant adverse environmental effect.** NOAA believes that exploration-type activities, as listed in the license regulations ([15 CFR 970.701](/cfr/15/970.701.md)), require no further environmental assessment.
- (e) **Activities with potential for significant adverse environmental effects.** NOAA research has identified at-sea testing of recovery equipment, the recovery of manganese nodules in commercial quantities from the deep seabed, and the construction and operation of commercial-scale processing facilities as activities which may have some potential for significant adverse envirnomental effects.
- (f) **Related terms, conditions and restrictions.** Permits will be issued with TCRs containing environmental requirements with respect to protection (pursuant to [§ 971.419](/cfr/15/971.419.md)), mitigation (pursuant to [§ 971.419](/cfr/15/971.419.md)), or best available technology requirements (pursuant to [§ 971.423](/cfr/15/971.423.md)), as appropriate, and monitoring requirements (pursuant to [§ 971.424](/cfr/15/971.424.md)) to acquire more information on the environmental effects of deep seabed mining.

## Notes

### Authority

Authority: 30 U.S.C. 1401 et seq.

### Source

Source: 54 FR 525, Jan. 6, 1989, unless otherwise noted.
