(a) The department may apply for a federal permit and serve as permittee for an artificial reef located in water covered under this chapter if the establishment of the reef complies with this chapter and the National Fishing Enhancement Act.
(b) In applying for a permit under this section, the department shall:
(1) consult with and consider the views of appropriate federal and state agencies, local governments, and other interested persons;
(2) ensure that the provisions in the permit for siting, constructing, monitoring, maintaining, and managing an artificial reef are consistent with the criteria and standards established under this chapter and the National Fishing Enhancement Act;
(3) ensure that title to an artificial reef component or construction material is unambiguous; and
(4) consider the national artificial reef plan adopted under the National Fishing Enhancement Act and notify the Secretary of the United States Department of Commerce of any need to deviate from that plan.