Proclamation 8031 - Establishment of the NW Hawaiian Islands Marine National Monument

Monday,
June 26, 2006

Part V

The President

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Proclamation 8031—Establishment of the
Northwestern Hawaiian Islands Marine
National Monument

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Presidential Documents

Federal Register
Vol. 71, No. 122
Monday, June 26, 2006

Title 3—

Proclamation 8031 of June 15, 2006

The President

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;

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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

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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:

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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

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1. As soon as possible but not later than 30 days following the issuance
of this proclamation, NOAA shall publish in the Federal Register a list
of approved transmitting units and associated communications service providers for purposes of this proclamation. An owner or operator of a vessel
that has been issued a permit for accessing the monument must ensure
that such a vessel has an operating vessel monitoring system (VMS) on
board, approved by the Office of Legal Enforcement in the National Oceanic
and Atmospheric Administration in the Department of Commerce (OLE)
when voyaging within the monument. An operating VMS includes an operating mobile transmitting unit on the vessel and a functioning communication
link between the unit and OLE as provided by an OLE-approved communication service provider.
2. Only a VMS that has been approved by OLE may be used. When installing
and activating the OLE-approved VMS, or when reinstalling and reactivating
such VMS, the vessel owner or operator must:
a. Follow procedures indicated on an installation and activation checklist,
which is available from OLE; and
b. Submit to OLE a statement certifying compliance with the checklist,
as prescribed on the checklist.
3. No person may interfere with, tamper with, alter, damage, disable, or
impede the operation of the VMS, or attempt any of the same.
4. When a vessel’s VMS is not operating properly, the owner or operator
must immediately contact OLE, and follow instructions from that office.
If notified by OLE that a vessel’s VMS is not operating properly, the owner
and operator must follow instructions from that office. In either event,
such instructions may include, but are not limited to, manually communicating to a location designated by OLE the vessel’s positions or returning
to port until the VMS is operable.
5. As a condition of authorized access to the monument, a vessel owner
or operator subject to the requirements for a VMS in this section must
allow OLE, the USCG, and their authorized officers and designees access
to the vessels position data obtained from the VMS. Consistent with applicable law, including the limitations on access to, and use, of VMS data
collected under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Secretaries may have access to,
and use of, collected data for scientific, statistical, and management purposes.
6. OLE has authority over the installation and operation of the VMS unit.
OLE may authorize the connection or order the disconnection of additional
equipment, including a computer, to any VMS unit, when deemed appropriate by OLE.
7. The Secretaries shall prohibit any person from conducting or causing
to be conducted:
a. Operating any vessel without an approved transmitting device within
the monument area 45 days after the publication of the list of approved
transmitting devices described in paragraph (1) above;
b. Failing to install, activate, repair, or replace a mobile transceiver unit
prior to leaving port;

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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;

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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

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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

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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;

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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

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7. The activity does not take place within any Ecological Reserve, any
Special Preservation Area, or the Midway Atoll Special Management Area.
Permitting Procedures and Criteria
Subject to such terms and conditions as the Secretaries deem appropriate,
a person may conduct an activity regulated by this proclamation if such
activity is specifically authorized by a permit. The Secretaries, in their
discretion, may issue a permit under this proclamation if the Secretaries
find that the activity: (i) is research designed to further understanding of
monument resources and qualities; (ii) will further the educational value
of the monument; (iii) will assist in the conservation and management
of the monument; (iv) will allow Native Hawaiian practices; (v) will allow
a special ocean use; or (vi) will allow recreational activities.
Findings
1. The Secretaries may not issue any permit unless the Secretaries find:
a. The activity can be conducted with adequate safeguards for the resources
and ecological integrity of the monument;
b. The activity will be conducted in a manner compatible with the management direction of this proclamation, considering the extent to which the
conduct of the activity may diminish or enhance monument resources,
qualities, and ecological integrity, any indirect, secondary, or cumulative
effects of the activity, and the duration of such effects;
c. There is no practicable alternative to conducting the activity within
the monument;
d. The end value of the activity outweighs its adverse impacts on monument resources, qualities, and ecological integrity;
e. The duration of the activity is no longer than necessary to achieve
its stated purpose;
f. The applicant is qualified to conduct and complete the activity and
mitigate any potential impacts resulting from its conduct;
g. The applicant has adequate financial resources available to conduct
and complete the activity and mitigate any potential impacts resulting
from its conduct;
h. The methods and procedures proposed by the applicant are appropriate
to achieve the proposed activity’s goals in relation to their impacts to
monument resources, qualities, and ecological integrity;
i. The applicant’s vessel has been outfitted with a mobile transceiver
unit approved by OLE and complies with the requirements of this proclamation; and
j. There are no other factors that would make the issuance of a permit
for the activity inappropriate.
2. Additional Findings for Native Hawaiian Practice Permits. In addition
to the findings listed above, the Secretaries shall not issue a permit to
allow Native Hawaiian practices unless the Secretaries find:
a. The activity is non-commercial and will not involve the sale of any
organism or material collected;

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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

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e. Any monument resource harvested from the monument will be consumed in the monument.
3. Additional Findings, Criteria, and Requirements for Special Ocean Use
Permits
a. In addition to the findings listed above, the following requirements
apply to the issuance of a permit for a special ocean use:
(i) Any permit for a special ocean use issued under this section:
(A) Shall authorize the conduct of an activity only if that activity is
compatible with the purposes for which the monument is designated
and with protection of monument resources;
(B) Shall not authorize the conduct of any activity for a period of
more than 5 years unless renewed by the Secretaries;
(C) Shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure
monument resources; and
(D) Shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against
claims arising out of activities conducted under the permit and to
agree to hold the United States harmless against such claims; and
(ii) Each person issued a permit for a special ocean use under this
section shall submit an annual report to the Secretaries not later than
December 31 of each year that describes activities conducted under
that permit and revenues derived from such activities during the year.
b. The Secretaries may not issue a permit for a special ocean use unless
they determine that the proposed activity will be consistent with the
findings listed above for the issuance of any permit.
c. Categories of special ocean use being permitted for the first time under
this section will be restricted in duration and permitted as a special
ocean use pilot project. Subsequent permits for any category of special
ocean use may be issued only if a special ocean use pilot project for
that category has been determined by the Secretaries to meet the criteria
in this proclamation and any terms and conditions placed on the permit
for the pilot project.

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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

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(iv) The activity does not involve the use of a commercial passenger
vessel.
4. Additional Findings for Recreation Permits. The Secretaries may issue
a permit only for recreational activities to be conducted within the Midway
Atoll Special Management Area. In addition to the general findings listed
above for any permit, the Secretaries may not issue such permit unless
the Secretaries find:
a. The activity is for the purpose of recreation as defined in regulation;
b. The activity is not associated with any for-hire operation; and
c. The activity does not involve any extractive use.
Sustenance Fishing
Sustenance fishing means fishing for bottomfish or pelagic species that are
consumed within the monument, and is incidental to an activity permitted
under this proclamation. The Secretaries may permit sustenance fishing
outside of any Special Preservation Area as a term or condition of any
permit issued under this proclamation. The Secretaries may not permit
sustenance fishing in the Midway Atoll Special Management Area unless
the activity has been determined by the Director of the United States Fish
and Wildlife Service or his or her designee to be compatible with the
purposes for which the Midway Atoll National Wildlife Refuge was established. Sustenance fishing must be conducted in a manner compatible with
this proclamation, including considering the extent to which the conduct
of the activity may diminish monument resources, qualities, and ecological
integrity, as well as any indirect, secondary, or cumulative effects of the
activity and the duration of such effects. The Secretaries will develop procedures for systematic reporting of sustenance fishing.
Definitions For purposes of this proclamation:
Attract or Attracting means luring or attempting to lure a living resource
by any means, except the mere presence of human beings (e.g., swimmers,
divers, boaters).
Bottomfish Species means bottomfish management unit species as defined
at 50 CFR 660.12.
Commercial Bottomfishing means commercial fishing for bottomfish species.
Commercial Passenger Vessel means a vessel that carries individuals who
have paid for such carriage.

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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.

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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 noncommercial 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.

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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

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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.

W

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Filed 6–23–06; 8:45 am]

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