    [Weekly Compilation of Presidential Documents Volume 42, Number 24 (Monday, June 19, 2006)]
    [Pages 1150-1158]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Proclamation--Establishment of the Northwestern Hawaiian Islands Marine
    National Monument

    June 15, 2006

    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

    [[Page 1151]]

    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 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.

    [[Page 1152]]

        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

        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

    [[Page 1153]]

                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;
        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.

    [[Page 1154]]

    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.
        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

    [[Page 1155]]

    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
    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

    [[Page 1156]]

    (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
    (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

    [[Page 1157]]

    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.
        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

    [[Page 1158]]

    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 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

    Note: At the time of publication, this proclamation had not been
    received by the Office of the Federal Register for assignment of a
    proclamation number.