[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.