[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Presidential Documents]
[Pages 36443-36475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5725]



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Part V





The President





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Proclamation 8031--Establishment of the Northwestern Hawaiian Islands 
Marine National Monument
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                         Presidential Documents 
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  Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 36443]]

                Proclamation 8031 of June 15, 2006

                
Establishment of the Northwestern Hawaiian 
                Islands Marine National Monument

                By the President of the United States of America

                A Proclamation

                In the Pacific Ocean northwest of the principal islands 
                of Hawaii lies an approximately 1,200 nautical mile 
                stretch of coral islands, seamounts, banks, and shoals. 
                The area, including the Northwestern Hawaiian Islands 
                Coral Reef Ecosystem Reserve, the Midway National 
                Wildlife Refuge, the Hawaiian Islands National Wildlife 
                Refuge, and the Battle of Midway National Memorial, 
                supports a dynamic reef ecosystem with more than 7,000 
                marine species, of which approximately half are unique 
                to the Hawaiian Island chain. This diverse ecosystem is 
                home to many species of coral, fish, birds, marine 
                mammals, and other flora and fauna including the 
                endangered Hawaiian monk seal, the threatened green sea 
                turtle, and the endangered leatherback and hawksbill 
                sea turtles. In addition, this area has great cultural 
                significance to Native Hawaiians and a connection to 
                early Polynesian culture worthy of protection and 
                understanding.

                WHEREAS Executive Order 13089 of June 11, 1998, 
                Executive Order 13178 of December 4, 2000, and 
                Executive Order 13196 of January 18, 2001, as well as 
                the process for designation of a National Marine 
                Sanctuary undertaken by the Secretary of Commerce, have 
                identified objects of historic or scientific interest 
                that are situated upon the lands owned or controlled by 
                the Government of the United States in the area of the 
                Northwestern Hawaiian Islands;

                WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 
                225, 16 U.S.C. 431) (the ``Antiquities Act'') 
                authorizes the President, in his discretion, to declare 
                by public proclamation historic landmarks, historic and 
                prehistoric structures, and other objects of historic 
                or scientific interest that are situated upon lands 
                owned or controlled by the Government of the United 
                States to be national monuments, and to reserve as a 
                part thereof parcels of land, the limits of which in 
                all cases shall be confined to the smallest area 
                compatible with the proper care and management of the 
                objects to be protected;

                WHEREAS it would be in the public interest to preserve 
                the marine area of the Northwestern Hawaiian Islands 
                and certain lands as necessary for the care and 
                management of the historic and scientific objects 
                therein,

                NOW, THEREFORE, I, GEORGE W. BUSH, President of the 
                United States of America, by the authority vested in me 
                by section 2 of the Act of June 8, 1906 (34 Stat. 225, 
                16 U.S.C. 431), do proclaim that there are hereby set 
                apart and reserved as the Northwestern Hawaiian Islands 
                Marine National Monument (the ``monument'' or 
                ``national monument'') for the purpose of protecting 
                the objects described above, all lands and interests in 
                lands owned or controlled by the Government of the 
                United States within the boundaries described on the 
                accompanying map entitled ``Northwestern Hawaiian 
                Islands Marine National Monument'' attached to and 
                forming a part of this proclamation. The Federal land 
                and interests in land reserved includes approximately 
                139,793 square miles of emergent and submerged lands 
                and waters of the Northwestern Hawaiian Islands, which 
                is the smallest

[[Page 36444]]

                area compatible with the proper care and management of 
                the objects to be protected.

                All Federal lands and interests in lands within the 
                boundaries of this monument are hereby appropriated and 
                withdrawn from all forms of entry, location, selection, 
                sale, or leasing or other disposition under the public 
                land laws, including, but not limited to, withdrawal 
                from location, entry, and patent under mining laws, and 
                from disposition under all laws relating to mineral and 
                geothermal leasing.

                The Secretary of Commerce, through the National Oceanic 
                and Atmospheric Administration (NOAA), will have 
                primary responsibility regarding management of the 
                marine areas, in consultation with the Secretary of the 
                Interior. The Secretary of the Interior, through the 
                Fish and Wildlife Service (FWS), will have sole 
                responsibility for management of the areas of the 
                monument that overlay the Midway Atoll National 
                Wildlife Refuge, the Battle of Midway National 
                Memorial, and the Hawaiian Islands National Wildlife 
                Refuge, in consultation with the Secretary of Commerce.

                The Secretary of Commerce and the Secretary of the 
                Interior (collectively, the ``Secretaries'') shall 
                review and, as appropriate, modify the interagency 
                agreement developed for coordinated management of the 
                Northwestern Hawaiian Islands Coral Reef Ecosystem 
                Reserve, signed on May 19, 2006. To manage the 
                monument, the Secretary of Commerce, in consultation 
                with the Secretary of the Interior and the State of 
                Hawaii, shall modify, as appropriate, the plan 
                developed by NOAA's National Marine Sanctuary Program 
                through the public sanctuary designation process, and 
                will provide for public review of that plan. To the 
                extent authorized by law, the Secretaries, acting 
                through the FWS and NOAA, shall promulgate any 
                additional regulations needed for the proper care and 
                management of the objects identified above.

                The Secretary of State, in consultation with the 
                Secretaries, shall take appropriate action to enter 
                into negotiations with other governments to make 
                necessary arrangements for the protection of the 
                monument and to promote the purposes for which the 
                monument is established. The Secretary of State, in 
                consultation with the Secretaries, shall seek the 
                cooperation of other governments and international 
                organizations in furtherance of the purposes of this 
                proclamation and consistent with applicable regional 
                and multilateral arrangements for the protection and 
                management of special marine areas. Furthermore, this 
                proclamation shall be applied in accordance with 
                international law. No restrictions shall apply to or be 
                enforced against a person who is not a citizen, 
                national, or resident alien of the United States 
                (including foreign flag vessels) unless in accordance 
                with international law.

                Nothing in this proclamation shall be deemed to 
                diminish or enlarge the jurisdiction of the State of 
                Hawaii.

                The establishment of this monument is subject to valid 
                existing rights and use of the monument shall be 
                administered as follows:

                Access to the Monument

                The Secretaries shall prohibit entering the monument 
                except pursuant to permission granted by the 
                Secretaries or their designees. Any person passing 
                through the monument without interruption must notify 
                an official designated by the Secretaries at least 72 
                hours, but no longer than 1 month, prior to the entry 
                date. Notification of departure from the monument must 
                be provided within 12 hours of leaving. A person 
                providing notice must provide the following 
                information, as applicable: (i) position when making 
                report; (ii) vessel name and International Maritime 
                Organization identification number; (iii) name, 
                address, and telephone number of owner and operator; 
                (iv) United States Coast Guard (USCG) documentation, 
                State license, or registration number; (v) home port; 
                (vi) intended and actual route through the monument; 
                (vii) general categories of any hazardous cargo on 
                board; and (viii) length of vessel and propulsion type 
                (e.g., motor or sail).

                    Vessel Monitoring Systems

[[Page 36445]]

                1. As soon as possible but not later than 30 days 
                following the issuance of this proclamation, NOAA shall 
                publish in the Federal Register a list of approved 
                transmitting units and associated communications 
                service providers for purposes of this proclamation. An 
                owner or operator of a vessel that has been issued a 
                permit for accessing the monument must ensure that such 
                a vessel has an operating vessel monitoring system 
                (VMS) on board, approved by the Office of Legal 
                Enforcement in the National Oceanic and Atmospheric 
                Administration in the Department of Commerce (OLE) when 
                voyaging within the monument. An operating VMS includes 
                an operating mobile transmitting unit on the vessel and 
                a functioning communication link between the unit and 
                OLE as provided by an OLE-approved communication 
                service provider.

                2. Only a VMS that has been approved by OLE may be 
                used. When installing and activating the OLE-approved 
                VMS, or when reinstalling and reactivating such VMS, 
                the vessel owner or operator must:

                a. Follow procedures indicated on an installation and 
                activation checklist, which is available from OLE; and

                b. Submit to OLE a statement certifying compliance with 
                the checklist, as prescribed on the checklist.

                3. No person may interfere with, tamper with, alter, 
                damage, disable, or impede the operation of the VMS, or 
                attempt any of the same.

                4. When a vessel's VMS is not operating properly, the 
                owner or operator must immediately contact OLE, and 
                follow instructions from that office. If notified by 
                OLE that a vessel's VMS is not operating properly, the 
                owner and operator must follow instructions from that 
                office. In either event, such instructions may include, 
                but are not limited to, manually communicating to a 
                location designated by OLE the vessel's positions or 
                returning to port until the VMS is operable.

                5. As a condition of authorized access to the monument, 
                a vessel owner or operator subject to the requirements 
                for a VMS in this section must allow OLE, the USCG, and 
                their authorized officers and designees access to the 
                vessels position data obtained from the VMS. Consistent 
                with applicable law, including the limitations on 
                access to, and use, of VMS data collected under the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.), the Secretaries may have 
                access to, and use of, collected data for scientific, 
                statistical, and management purposes.

                6. OLE has authority over the installation and 
                operation of the VMS unit. OLE may authorize the 
                connection or order the disconnection of additional 
                equipment, including a computer, to any VMS unit, when 
                deemed appropriate by OLE.

                7. The Secretaries shall prohibit any person from 
                conducting or causing to be conducted:

a. Operating any vessel without an approved transmitting device within the 
monument area 45 days after the publication of the list of approved 
transmitting devices described in paragraph (1) above;

b. Failing to install, activate, repair, or replace a mobile transceiver 
unit prior to leaving port;

c. Failing to operate and maintain a mobile transceiver unit on board the 
vessel at all times;

d. Tampering with, damaging, destroying, altering, or in any way 
distorting, rendering useless, inoperative, ineffective, or inaccurate the 
VMS, mobile transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel;

e. Failing to contact OLE or follow OLE instructions when automatic 
position reporting has been interrupted;

f. Registering a VMS or mobile transceiver unit registered to more than one 
vessel at the same time;

[[Page 36446]]

g. Connecting or leaving connected additional equipment to a VMS unit or 
mobile transceiver unit without the prior approval of OLE;

h. Making a false statement, oral or written, to an authorized officer 
regarding the installation, use, operation, or maintenance of a VMS unit or 
mobile transceiver unit or communication service provider.

                Restrictions

                Prohibited Activities

                The Secretaries shall prohibit persons from conducting 
                or causing to be conducted the following activities:

                1. Exploring for, developing, or producing oil, gas, or 
                minerals within the monument;

                2. Using or attempting to use poisons, electrical 
                charges, or explosives in the collection or harvest of 
                a monument resource;

                3. Introducing or otherwise releasing an introduced 
                species from within or into the monument; and

                4. Anchoring on or having a vessel anchored on any 
                living or dead coral with an anchor, anchor chain, or 
                anchor rope.

                Regulated Activities

                    Except as otherwise provided in this proclamation, 
                the Secretaries shall prohibit any person from 
                conducting or causing to be conducted within the 
                monument the following activities:

                1. Removing, moving, taking, harvesting, possessing, 
                injuring, disturbing, or damaging; or attempting to 
                remove, move, take, harvest, possess, injure, disturb, 
                or damage any living or nonliving monument resource;

                2. Drilling into, dredging, or otherwise altering the 
                submerged lands other than by anchoring a vessel; or 
                constructing, placing, or abandoning any structure, 
                material, or other matter on the submerged lands;

                3. Anchoring a vessel;

                4. Deserting a vessel aground, at anchor, or adrift;

                5. Discharging or depositing any material or other 
                matter into Special Preservation Areas or the Midway 
                Atoll Special Management Area except vessel engine 
                cooling water, weather deck runoff, and vessel engine 
                exhaust;

                6. Discharging or depositing any material or other 
                matter into the monument, or discharging or depositing 
                any material or other matter outside of the monument 
                that subsequently enters the monument and injures any 
                resources of the monument, except fish parts (i.e., 
                chumming material or bait) used in and during 
                authorized fishing operations, or discharges incidental 
                to vessel use such as deck wash, approved marine 
                sanitation device effluent, cooling water, and engine 
                exhaust;

                7. Touching coral, living or dead;

                8. Possessing fishing gear except when stowed and not 
                available for immediate use during passage without 
                interruption through the monument;

                9. Swimming, snorkeling, or closed or open circuit 
                SCUBA diving within any Special Preservation Area or 
                the Midway Atoll Special Management Area; and

                10. Attracting any living monument resources.

                Emergencies and Law Enforcement Activities

                The prohibitions required by this proclamation shall 
                not apply to activities necessary to respond to 
                emergencies threatening life, property, or the 
                environment, or to activities necessary for law 
                enforcement purposes.

                Armed Forces Actions

[[Page 36447]]

                1. The prohibitions required by this proclamation shall 
                not apply to activities and exercises of the Armed 
                Forces (including those carried out by the United 
                States Coast Guard) that are consistent with applicable 
                laws.

                2. Nothing in this proclamation shall limit agency 
                actions to respond to emergencies posing an 
                unacceptable threat to human health or safety or to the 
                marine environment and admitting of no other feasible 
                solution.

                3. All activities and exercises of the Armed Forces 
                shall be carried out in a manner that avoids, to the 
                extent practicable and consistent with operational 
                requirements, adverse impacts on monument resources and 
                qualities.

                4. In the event of threatened or actual destruction of, 
                loss of, or injury to a monument resource or quality 
                resulting from an incident, including but not limited 
                to spills and groundings, caused by a component of the 
                Department of Defense or the USCG, the cognizant 
                component shall promptly coordinate with the 
                Secretaries for the purpose of taking appropriate 
                actions to respond to and mitigate the harm and, if 
                possible, restore or replace the monument resource or 
                quality.

                Commercial Fishing

                1. The Secretaries shall ensure that any commercial 
                lobster fishing permit shall be subject to a zero 
                annual harvest limit.

                2. Fishing for bottomfish and pelagic species. The 
                Secretaries shall ensure that:

a. Commercial fishing for bottomfish and associated pelagic species may 
continue within the monument for not longer than 5 years from the date of 
this proclamation provided that:

(i) The fishing is conducted in accordance with a valid commercial 
bottomfish permit issued by NOAA; and

(ii) Such permit is in effect on the date of this proclamation and is 
subsequently renewed pursuant to NOAA regulations at 50 CFR part 660 
subpart E as necessary.

b. Total landings for each fishing year may not exceed the following 
amounts:

(i) 350,000 pounds for bottomfish species; and

(ii) 180,000 pounds for pelagic species.

c. Commercial fishing for bottomfish and associated pelagic species is 
prohibited in the monument after 5 years from the date of this 
proclamation.

                General Requirements

                The Secretaries shall ensure that any commercial 
                fishing within the monument is conducted in accordance 
                with the following restrictions and conditions:

                1. A valid permit or facsimile of a valid permit is on 
                board the fishing vessel and is available for 
                inspection by an authorized officer;

                2. No attempt is made to falsify or fail to make, keep, 
                maintain, or submit any logbook or logbook form or 
                other required record or report;

                3. Only gear specifically authorized by the relevant 
                permit issued under the Magnuson-Stevens Fishery 
                Conservation and Management Act is allowed to be in the 
                possession of a person conducting commercial fishing 
                under this section;

                4. Any person conducting commercial fishing notifies 
                the Secretaries by telephone, facsimile, or electronic 
                mail at least 72 hours before entering the monument and 
                within 12 hours after leaving the monument;

                5. All fishing vessels must carry an activated and 
                functioning VMS unit on board at all times whenever the 
                vessel is in the monument;

                6. All fishing vessels must carry an observer when 
                requested to do so by the Secretaries; and

[[Page 36448]]

                7. The activity does not take place within any 
                Ecological Reserve, any Special Preservation Area, or 
                the Midway Atoll Special Management Area.

                Permitting Procedures and Criteria

                Subject to such terms and conditions as the Secretaries 
                deem appropriate, a person may conduct an activity 
                regulated by this proclamation if such activity is 
                specifically authorized by a permit. The Secretaries, 
                in their discretion, may issue a permit under this 
                proclamation if the Secretaries find that the activity: 
                (i) is research designed to further understanding of 
                monument resources and qualities; (ii) will further the 
                educational value of the monument; (iii) will assist in 
                the conservation and management of the monument; (iv) 
                will allow Native Hawaiian practices; (v) will allow a 
                special ocean use; or (vi) will allow recreational 
                activities.

                Findings

                1. The Secretaries may not issue any permit unless the 
                Secretaries find:

a. The activity can be conducted with adequate safeguards for the resources 
and ecological integrity of the monument;

b. The activity will be conducted in a manner compatible with the 
management direction of this proclamation, considering the extent to which 
the conduct of the activity may diminish or enhance monument resources, 
qualities, and ecological integrity, any indirect, secondary, or cumulative 
effects of the activity, and the duration of such effects;

c. There is no practicable alternative to conducting the activity within 
the monument;

d. The end value of the activity outweighs its adverse impacts on monument 
resources, qualities, and ecological integrity;

e. The duration of the activity is no longer than necessary to achieve its 
stated purpose;

f. The applicant is qualified to conduct and complete the activity and 
mitigate any potential impacts resulting from its conduct;

g. The applicant has adequate financial resources available to conduct and 
complete the activity and mitigate any potential impacts resulting from its 
conduct;

h. The methods and procedures proposed by the applicant are appropriate to 
achieve the proposed activity's goals in relation to their impacts to 
monument resources, qualities, and ecological integrity;

i. The applicant's vessel has been outfitted with a mobile transceiver unit 
approved by OLE and complies with the requirements of this proclamation; 
and

j. There are no other factors that would make the issuance of a permit for 
the activity inappropriate.

                2. Additional Findings for Native Hawaiian Practice 
                Permits. In addition to the findings listed above, the 
                Secretaries shall not issue a permit to allow Native 
                Hawaiian practices unless the Secretaries find:

a. The activity is non-commercial and will not involve the sale of any 
organism or material collected;

b. The purpose and intent of the activity are appropriate and deemed 
necessary by traditional standards in the Native Hawaiian culture (pono), 
and demonstrate an understanding of, and background in, the traditional 
practice, and its associated values and protocols;

c. The activity benefits the resources of the Northwestern Hawaiian Islands 
and the Native Hawaiian community;

d. The activity supports or advances the perpetuation of traditional 
knowledge and ancestral connections of Native Hawaiians to the Northwestern 
Hawaiian Islands; and

[[Page 36449]]

e. Any monument resource harvested from the monument will be consumed in 
the monument.

                3. Additional Findings, Criteria, and Requirements for 
                Special Ocean Use Permits

a. In addition to the findings listed above, the following requirements 
apply to the issuance of a permit for a special ocean use:

(i) Any permit for a special ocean use issued under this section:

(A) Shall authorize the conduct of an activity only if that activity is 
compatible with the purposes for which the monument is designated and with 
protection of monument resources;

(B) Shall not authorize the conduct of any activity for a period of more 
than 5 years unless renewed by the Secretaries;

(C) Shall require that activities carried out under the permit be conducted 
in a manner that does not destroy, cause the loss of, or injure monument 
resources; and

(D) Shall require the permittee to purchase and maintain comprehensive 
general liability insurance, or post an equivalent bond, against claims 
arising out of activities conducted under the permit and to agree to hold 
the United States harmless against such claims; and

(ii) Each person issued a permit for a special ocean use under this section 
shall submit an annual report to the Secretaries not later than December 31 
of each year that describes activities conducted under that permit and 
revenues derived from such activities during the year.

b. The Secretaries may not issue a permit for a special ocean use unless 
they determine that the proposed activity will be consistent with the 
findings listed above for the issuance of any permit.

c. Categories of special ocean use being permitted for the first time under 
this section will be restricted in duration and permitted as a special 
ocean use pilot project. Subsequent permits for any category of special 
ocean use may be issued only if a special ocean use pilot project for that 
category has been determined by the Secretaries to meet the criteria in 
this proclamation and any terms and conditions placed on the permit for the 
pilot project.

d. The Secretaries shall provide public notice prior to requiring a special 
ocean use permit for any category of activity not previously identified as 
a special ocean use.

e. The following requirements apply to permits for a special ocean use for 
an activity within the Midway Atoll Special Management Area.

(i) The Secretaries may issue a permit for a special ocean use for 
activities within the Midway Atoll Special Management Area provided:

(A) The Secretaries find the activity furthers the conservation and 
management of the monument; and

(B) The Director of the United States Fish and Wildlife Service or his or 
her designee has determined that the activity is compatible with the 
purposes for which the Midway Atoll National Wildlife Refuge was 
designated.

(ii) As part of a permit, the Secretaries may allow vessels to transit the 
monument as necessary to enter the Midway Atoll Special Management Area.

f. The Secretaries may issue a permit for a special ocean use for 
activities outside the Midway Atoll Special Management Area provided:

(i) The Secretaries find the activity will directly benefit the 
conservation and management of the monument;

(ii) The Secretaries determine the purpose of the activity is for research 
or education related to the resources or qualities of the monument;

(iii) The Secretaries provide public notice of the application and an 
opportunity to provide comments at least 30 days prior to issuing the 
permit; and

[[Page 36450]]

(iv) The activity does not involve the use of a commercial passenger 
vessel.

                4. Additional Findings for Recreation Permits. The 
                Secretaries may issue a permit only for recreational 
                activities to be conducted within the Midway Atoll 
                Special Management Area. In addition to the general 
                findings listed above for any permit, the Secretaries 
                may not issue such permit unless the Secretaries find:

a. The activity is for the purpose of recreation as defined in regulation;

b. The activity is not associated with any for-hire operation; and

c. The activity does not involve any extractive use.

                Sustenance Fishing

                Sustenance fishing means fishing for bottomfish or 
                pelagic species that are consumed within the monument, 
                and is incidental to an activity permitted under this 
                proclamation. The Secretaries may permit sustenance 
                fishing outside of any Special Preservation Area as a 
                term or condition of any permit issued under this 
                proclamation. The Secretaries may not permit sustenance 
                fishing in the Midway Atoll Special Management Area 
                unless the activity has been determined by the Director 
                of the United States Fish and Wildlife Service or his 
                or her designee to be compatible with the purposes for 
                which the Midway Atoll National Wildlife Refuge was 
                established. Sustenance fishing must be conducted in a 
                manner compatible with this proclamation, including 
                considering the extent to which the conduct of the 
                activity may diminish monument resources, qualities, 
                and ecological integrity, as well as any indirect, 
                secondary, or cumulative effects of the activity and 
                the duration of such effects. The Secretaries will 
                develop procedures for systematic reporting of 
                sustenance fishing.

                Definitions For purposes of this proclamation:

                Attract or Attracting means luring or attempting to 
                lure a living resource by any means, except the mere 
                presence of human beings (e.g., swimmers, divers, 
                boaters).

                Bottomfish Species means bottomfish management unit 
                species as defined at 50 CFR 660.12.

                Commercial Bottomfishing means commercial fishing for 
                bottomfish species.

                Commercial Passenger Vessel means a vessel that carries 
                individuals who have paid for such carriage.

                Commercial Pelagic Trolling means commercial fishing 
                for pelagic species.

                Deserting a vessel means:

1. Leaving a vessel aground or adrift:

(i) Without notifying the Secretaries of the vessel going aground or adrift 
within 12 hours of its discovery and developing and presenting to the 
Secretaries a preliminary salvage plan within 24 hours of such 
notification;

(ii) After expressing or manifesting intention to not undertake or to cease 
salvage efforts; or

(iii) When the Secretaries are unable, after reasonable efforts, to reach 
the owner/operator within 12 hours of the vessels condition being reported 
to authorities.

2. Leaving a vessel at anchor when its condition creates potential for a 
grounding, discharge, or deposit and the owner/operator fails to secure the 
vessel in a timely manner.

                Ecological Reserve means an area of the monument 
                consisting of contiguous, diverse habitats that provide 
                natural spawning, nursery, and permanent residence 
                areas for the replenishment and genetic protection of 
                marine life, and also to protect and preserve natural 
                assemblages of habitats and species within areas 
                representing a broad diversity of resources and 
                habitats found within the monument.

[[Page 36451]]

                Ecological Integrity means a condition determined to be 
                characteristic of an ecosystem that has the ability to 
                maintain the function, structure, and abundance of 
                natural biological communities, including rates of 
                change in response to natural environmental variation.

                Fishing Year means the year beginning at 0001 local 
                time on January 1 and ending at 2400 local time on 
                December 31.

                Introduced Species means:

                1. A species (including, but not limited to, any of its 
                biological matter capable of propagation) that is non-
                native to the ecosystem(s) protected by the monument; 
                or

                2. Any organism into which genetic matter from another 
                species has been transferred in order that the host 
                organism acquires the genetic traits of the transferred 
                genes.

                Landing means offloading fish from a fishing vessel or 
                causing fish to be offloaded from a fishing vessel.

                Midway Atoll Special Management Area means the area of 
                the monument surrounding Midway Atoll out to a distance 
                of 12 nautical miles, established for the enhanced 
                management, protection, and preservation of monument 
                wildlife and historical resources.

                Mobile Transceiver Unit means a vessel monitoring 
                system or VMS device installed on board a vessel that 
                is used for vessel monitoring and transmitting the 
                vessel's position as required by this proclamation.

                Native Hawaiian Practices means cultural activities 
                conducted for the purposes of perpetuating traditional 
                knowledge, caring for and protecting the environment, 
                and strengthening cultural and spiritual connections to 
                the Northwestern Hawaiian Islands that have 
                demonstrable benefits to the Native Hawaiian community. 
                This may include, but is not limited to, the non-
                commercial use of monument resources for direct 
                personal consumption while in the monument.

                Ocean-Based Ecotourism means a class of fee-for-service 
                activities that involves visiting the monument for 
                study, enjoyment, or volunteer assistance for purposes 
                of conservation and management.

                Pelagic Species means Pacific Pelagic Management Unit 
                Species as defined at 50 CFR 660.12.

                Pono means appropriate, correct, and deemed necessary 
                by traditional standards in the Hawaiian culture.

                Recreational Activity means an activity conducted for 
                personal enjoyment that does not result in the 
                extraction of monument resources and that does not 
                involve a fee-for-service transaction. This includes, 
                but is not limited to, wildlife viewing, SCUBA diving, 
                snorkeling, and boating.

                Special Preservation Area (SPA) means discrete, 
                biologically important areas of the monument within 
                which uses are subject to conditions, restrictions, and 
                prohibitions, including but not limited to access 
                restrictions. SPAs are used to avoid concentrations of 
                uses that could result in declines in species 
                populations or habitat, to reduce conflicts between 
                uses, to protect areas that are critical for sustaining 
                important marine species or habitats, or to provide 
                opportunities for scientific research.

                Special Ocean Use means an activity or use of the 
                monument that is engaged in to generate revenue or 
                profits for one or more of the persons associated with 
                the activity or use, and does not destroy, cause the 
                loss of, or injure monument resources. This includes 
                ocean-based ecotourism and other activities such as 
                educational and research activities that are engaged in 
                to generate revenue, but does not include commercial 
                fishing for bottomfish or pelagic species conducted 
                pursuant to a valid permit issued by NOAA.

                Stowed and Not Available for Immediate Use means not 
                readily accessible for immediate use, e.g., by being 
                securely covered and lashed to a deck

[[Page 36452]]

                or bulkhead, tied down, unbaited, unloaded, or 
                partially disassembled (such as spear shafts being kept 
                separate from spear guns).

                Sustenance Fishing means fishing for bottomfish or 
                pelagic species in which all catch is consumed within 
                the monument, and that is incidental to an activity 
                permitted under this proclamation.

                Vessel Monitoring System or VMS means a vessel 
                monitoring system or mobile transceiver unit approved 
                by the Office for Law Enforcement for use on vessels 
                permitted to access the monument, as required by this 
                subpart.

                Nothing in this proclamation shall be deemed to revoke 
                any existing withdrawal, reservation, or appropriation; 
                however, the national monument shall be the dominant 
                reservation.

                Warning is hereby given to all unauthorized persons not 
                to appropriate, injure, destroy, or remove any feature 
                of this monument and not to locate or settle upon any 
                lands thereof.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                fifteenth day of June, in the year of our Lord two 
                thousand six, and of the Independence of the United 
                States of America the two hundred and thirtieth.

                    (Presidential Sig.)B

Billing code 3195-01-P


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                [FR Doc. 06-5725 Filed 6-23-06; 8:45 am]

Billing code 3195-01-C