[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3819
 
PROCLAMATION 8031--JUNE 15, 2006



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

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120 STAT. 3820

the Northwestern Hawaiian Islands, which is the smallest 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

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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
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.

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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;
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;

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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
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.

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120 STAT. 3824

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
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

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120 STAT. 3825

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

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120 STAT. 3826

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.

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120 STAT. 3827

(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
(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.

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120 STAT. 3828

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.
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.

[[Page 3829]]
120 STAT. 3829

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
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

[[Page 3830]]
120 STAT. 3830

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.
GEORGE W. BUSH

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[[Page 3851]]
120 STAT. 3851



GRAPHIC TIF25 TD26JN06.025


[[Page 3852]]
120 STAT. 3852



GRAPHIC TIF26 TD26JN06.026


[[Page 3853]]
120 STAT. 3853



GRAPHIC TIF27 TD26JN06.027