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51134 Federal Register / Vol. 71, No.

167 / Tuesday, August 29, 2006 / Rules and Regulations

S6.1.4.1 Vehicles manufactured on FOR FURTHER INFORMATION CONTACT: provides that nothing in the
or after September 1, 1998 and before NOAA contact: T. Aulani Wilhelm, Proclamation diminishes or enlarges the
September 1, 2007 are not required to Monument Superintendent (NOAA); jurisdiction of the State of Hawaii. The
comply with the requirements specified 6600 Kalanianaole Highway, #300, Monument includes state waters,
in S7. Honolulu, HI 96825; (808) 397–2657. including the Northwestern Hawaiian
S6.1.4.2 Vehicles manufactured on FWS contact: Barry Stieglitz, Islands State Marine Refuge and Kure
or after September 1, 2007 shall comply Monument Project Leader (USFWS); Atoll Wildlife Sanctuary. The State
with the requirements specified in S7. Hawaiian and Pacific Islands NWR currently holds the submerged and
* * * * * Complex, 300 Ala Moana Boulevard, ceded lands of the NWHI in trust. This
Box 50167, Honolulu, HI 96850–5000; public trust is overseen by the Office of
Issued on: August 22, 2006.
808–792–9540. Hawaiian Affairs through an
Nicole R. Nason, State of Hawaii contact: Athline amendment to the Constitution of the
Administrator. Clark, Special Projects Manager, State of Hawaii. The State of Hawaii has
[FR Doc. E6–14259 Filed 8–28–06; 8:45 am] Department of Land and Natural primary responsibility for managing the
BILLING CODE 4910–59–P Resources, Division of Aquatic State waters of the Monument.
Resources; 1151 Punchbowl Street, The three principal entities with
Room 330, Honolulu, HI 96813; (808) responsibility for managing lands and
DEPARTMENT OF COMMERCE 587–0099. waters of the Monument—NOAA,
National Oceanic and Atmospheric 15, 2006, President Bush established the (collectively, the Co-Trustees)—are
Administration Northwestern Hawaiian Islands Marine working cooperatively and will consult
National Monument by issuing to administer the Monument. The Co-
DEPARTMENT OF THE INTERIOR Presidential Proclamation 8031 (71 FR Trustees have established a goal to
36443, June 26, 2006) under the provide unified management in the
Fish and Wildlife Service authority of the Antiquities Act (Act) spirit of cooperative conservation. This
(16 U.S.C. 431). The Proclamation relationship will be further described in
50 CFR Part 404 reserves all lands and interests in lands a Memorandum of Agreement among
owned or controlled by the Government the Co-Trustees.
[Docket No. 060824225–6225–01] The Proclamation requires restrictions
of the United States in the Northwestern
RIN 0648–AU82 Hawaiian Islands (NWHI), including and prohibitions regarding activities in
emergent and submerged lands and the Monument consistent with the
Northwestern Hawaiian Islands Marine waters, out to a distance of authority provided by the Act. The
National Monument approximately 50 nautical miles (nmi) Proclamation shall be applied in
from the islands. The outer boundary of accordance with international law. No
AGENCIES: National Oceanic and the Monument is approximately 100 restrictions shall apply to or be enforced
Atmospheric Administration (NOAA), nmi wide and extends approximately against a person who is not a citizen,
Department of Commerce (DOC); United 1200 nmi around coral islands, national, or resident alien of the United
States Fish and Wildlife Service seamounts, banks, and shoals. The area States (including foreign flag vessels)
(USFWS), Department of the Interior includes the Northwestern Hawaiian unless in accordance with international
(DOI). Islands Coral Reef Ecosystem Reserve, law. NOAA and USFWS are
ACTION: Final rule. the Midway Atoll National Wildlife promulgating as final regulations the
Refuge/Battle of Midway National management measures and prohibitions
SUMMARY: NOAA and the USFWS are set forth in the Proclamation to codify
Memorial, and the Hawaiian Islands
issuing final regulations for the National Wildlife Refuge. them in the Code of Federal
Northwestern Hawaiian Islands Marine The Proclamation appropriated and Regulations. This action will provide
National Monument. This action withdrew the area from all forms of additional notice to the public and other
codifies the prohibitions and entry, location, selection, sale, or leasing interested parties of the terms of the
management measures set forth in or other disposition under the public Proclamation and activities that are
Presidential Proclamation 8031 land laws, including, but not limited to, prohibited or regulated and thereby
establishing the Monument. The rule is withdrawal from location, entry, and facilitate improved compliance.
effective immediately. patent under mining laws, and from Interested parties may view Hawaii
DATES: Effective date: These regulations disposition under all laws relating to Administrative Rules also applicable
are effective August 25, 2006. Written mineral and geothermal leasing. within the Monument at http://
comments on the information collection The Proclamation provides that the www.hawaii.gov/dlnr/dar/fish_regs/
requirement must be received by Secretary of Commerce, through NOAA, nwhi.htm.
October 30, 2006. has primary responsibility regarding the These regulations address the
ADDRESSES: Submit written comments management of the marine areas of the requirement in the Proclamation that
regarding the burden-hour estimates or Monument, in consultation with the the Secretaries shall ensure, in addition
other aspects of the information Secretary of the Interior. The Secretary to other things, that commercial fishing
collection requirements contained in of the Interior, through the USFWS, has for bottomfish and other associated
this proposed rule by e-mail to Diana sole responsibility for management of pelagic species may continue in the
Hynek at dHynek@noaa.gov. the areas of the Monument that overlay Monument for no more than 5 years.
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Coordinates for the outer boundary of the Midway Atoll National Wildlife Section 404.10 sets out the conditions
the Monument, the Special Preservation Refuge, the Battle of Midway National under which such fishing may continue
Areas, the Ecological Reserves, and the Memorial, and the Hawaiian Islands to be conducted. However, commercial
Midway Atoll Special Management Area National Wildlife Refuge, in fishing remains prohibited in areas of
can be found at: http:// consultation with the Secretary of the Monument not open to such fishing
hawaiireef.noaa.gov/management/. Commerce. Further, the Proclamation prior to issuance of the Proclamation.

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51135

Classification regulations and are effective August 25, subsequent review and approval on a
2006. non-emergency basis.
Administrative Procedure Act The public reporting burden for this
E.O. 12866 information collection is described in
The Secretaries find good cause to
waive notice and comment on these This rule has been determined to be the table below. The public reporting
regulations, pursuant to 5 U.S.C. significant for purposes of E.O. 12866. burden for permit applications and
533(b)(B), and the 30-day delay in associated reporting requirements is
Paperwork Reduction Act estimated to average 1 hour per
effective date pursuant to 5 U.S.C.
response. The public reporting burden
553(d). Notice and comment are This rule contains a collection-of- for entry and exit notification is
unnecessary and contrary to the public information requirement that was expected to average 15 minutes per
interest because these regulations do not submitted to OMB for emergency response. The public reporting burden
expand on the action already taken by approval under the Paperwork for VMS checklist certification is
the President in the Proclamation. The Reduction Act (PRA). The collection-of- estimated to average 5 minutes per
Proclamation became effective upon information requirement was approved response. Each of these public reporting
issuance on June 15, 2006. These by OMB and granted OMB control burdens includes the time for reviewing
regulations codify the prohibitions and number 0648–0548 which expires on instructions, searching existing data
management measures set forth in the February 28, 2007. We are now sources, gathering and maintaining the
Proclamation. Therefore, these requesting comment on this information data needed, and completing and
regulations are being published as final collection requirement for OMB’s reviewing the collection of information.

Annual record-
Permits and Responses Total annual
Total keeping/reporting
Permit type other report- per require- Hours/response Total hours cost
responses cost per response
ing per year ment (dollar)

(a) General ........................ 33 3 99 1 ......................... 99 1.00 .......................... 99.00

(b) Special Ocean Use ..... 5 3 15 24 ....................... 360 1.00 .......................... 15.00
(c) Native Hawaiian Prac- 2 2 4 4 ......................... 16 1.00 .......................... 4.00
(d) Recreation ................... 2 3 6 1 ......................... 6 1.00 .......................... 6.00
(e) Entry & Exit Notice ...... 174 2 348 5 minutes ........... 29 0.00 .......................... 0.00
(f) Purchase and installa- 50 NA NA 4 hours ............... 50 899 (initial cost: 44,950.00
tion of VMS. $3595).
(g) VMS maintenance ....... 50 NA NA 4 hours ............... 200 0 ............................... 0
(h) VMS Certification ......... 50 0.25 12.5 5 minutes ........... 4 0.25 .......................... 13.00
(i) Hourly VMS reports ...... 50 3805 190,224 5 seconds ........... 264 1.28/day ................... 10,145.00

Total ........................... 124 .................... 190,709 ............................ 1028 .................................. 55,232.00

Note: VMS installation and activation hours and purchase costs are annualized by dividing by 4 years, the expected service life.

Public comment is sought regarding: to the requirements of the PRA, unless PART 404—NORTHWESTERN
whether this collection of information is that collection of information displays a HAWAIIAN ISLANDS MARINE
necessary for the proper performance of currently valid OMB Control Number. NATIONAL MONUMENT
the functions of the agency, including
whether the information shall have List of Subjects in 50 CFR Part 404 Sec.
404.1 Scope and purpose.
practical utility; the accuracy of the Administrative practice and 404.2 Boundary.
burden estimate; ways to enhance the procedure, Coastal zone, Fish, Fisheries, 404.3 Definitions.
quality, utility, and clarity of the Historic preservation, Intergovernmental 404.4 Access to the Monument.
information to be collected; and ways to relations, Marine resources, Monuments 404.5 Requirements for a vessel monitoring
minimize the burden of the collection of system.
and memorials, Natural resources, 404.6 Prohibited activities.
information, including through the use
Reporting and recordkeeping 404.7 Regulated activities.
of automated collection techniques or
requirements, Wildlife, Wildlife refuges. 404.8 Emergencies and law enforcement
other forms of information technology.
Send comments on these or any other Dated: August 24, 2006.
404.9 Armed Forces actions.
aspects of the collection of information Conrad C. Lautenbacher Jr., 404.10 Commercial fishing.
to Diana Hynek, Departmental Vice Admiral, U.S. Navy (Ret.), 404.11 Permitting procedures and criteria.
Paperwork Clearance Officer, Undersecretary of Commerce for Oceans and 404.12 International law.
Department of Commerce, Room 6625, Atmosphere. Appendix A to Part 404—Map of the
14th and Constitution Avenue, NW, Monument Outer Boundary and
Dated: August 24, 2006. Ecological Reserves, Special Preservation
Washington, DC 20230, or via e-mail at
David M. Verhey, Areas, and Midway Atoll Special
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Acting Assistant Secretary for Fish and Management Area
Notwithstanding any other provision Wildlife and Parks. Appendix B to Part 404—Approved Vessel
of the law, no person is required to Monitoring Systems
respond to, nor shall any person be ■ Accordingly, NOAA and USFWS add Authority: 16 U.S.C. 431 et seq.; 16 U.S.C.
subject to a penalty for failure to comply part 404, title 50 of the Code of Federal 460k–3; 16 U.S.C. 1801 et seq.; 16 U.S.C.
with, a collection of information subject Regulations as follows: 742f, 16 U.S.C. 742l, and 16 U.S.C. 668dd–

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51136 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

ee; 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et (2) Leaving a vessel at anchor when for vessel monitoring and transmitting
seq., Pub. L. No. 106–513, § 6(g) (2000). its condition creates potential for a the vessel’s position as required by this
§ 404.1 Scope and purpose.
grounding, discharge, or deposit and the Part.
owner/operator fails to secure the vessel Monument means the Northwestern
The regulations in this part codify the in a timely manner. Hawaiian Islands Marine National
provisions of Presidential Proclamation Ecological Reserve means the areas of Monument.
8031, and govern the administration of the Monument, identified in the Native Hawaiian Practices means
the Northwestern Hawaiian Islands Proclamation, consisting of contiguous, cultural activities conducted for the
Marine National Monument. These diverse habitats that provide natural purposes of perpetuating traditional
regulations are jointly implemented by spawning, nursery, and permanent knowledge, caring for and protecting the
the Secretaries of the Interior, through residence areas for the replenishment environment and strengthening cultural
the U.S. Fish and Wildlife Service and genetic protection of marine life, and spiritual connections to the
(USFWS), and Commerce, through the and also to protect and preserve natural Northwestern Hawaiian Islands that
National Oceanic and Atmospheric assemblages of habitats and species have demonstrable benefits to the
Administration (NOAA). Nothing in within areas representing a broad Native Hawaiian community. This may
these regulations shall be deemed to diversity of resources and habitats include, but is not limited to, the non-
diminish or enlarge the jurisdiction of found within the Monument. Specific commercial use of Monument resources
the State of Hawaii. coordinates for Ecological Reserves for direct personal consumption while
§ 404.2 Boundary. within the Monument are found in the in the Monument.
Proclamation, and the Ecological Ocean-based ecotourism means a
The Northwestern Hawaiian Islands
Reserves consist of the areas within the class of fee-for-service activities that
Marine National Monument consists of
geodetic lines connecting these involves visiting the Monument for
all lands and interest in lands owned or
coordinates. The Ecological Reserves are study, enjoyment, or volunteer
controlled by the Government of the
depicted on the map in Appendix A to assistance for purposes of conservation
United States within the boundaries of
part 404. and management.
the Monument, including emergent and Office for Law Enforcement (OLE)
Ecological integrity means a condition
submerged lands and waters of the refers to NOAA, National Marine
determined to be characteristic of an
Northwestern Hawaiian Islands. The Fisheries Service, Office for Law
ecosystem that has the ability to
map in Appendix A to this part 404 Enforcement.
maintain the function, structure, and
depicts the outer boundary of the Pelagic Species means Pacific Pelagic
abundance of natural biological
Monument, which consists of the Management Unit Species as defined at
communities, including rates of change
geodetic lines connecting the 50 CFR 665.12.
in response to natural environmental
coordinates specified in the Pono means appropriate, correct, and
Proclamation. Fishing year means the year beginning deemed necessary by traditional
§ 404.3 Definitions. at 0001 local time on January 1 and standards in the Hawaiian culture.
ending at 2400 local time on December Proclamation means Presidential
The following definitions are
31. Proclamation 8031, dated June 15, 2006
applicable only to this Part.
Attract or Attracting means luring or Introduced Species means: (71 FR 36443).
(1) A species (including, but not Recreational activity means an
attempting to lure a living resource by
limited to, any of its biological matter activity conducted for personal
any means, except the mere presence of
capable of propagation) that is non- enjoyment that does not result in the
human beings (e.g., swimmers, divers,
native to the ecosystem(s) protected by extraction of Monument resources and
Bottomfish Species means Bottomfish the Monument; or that does not involve a fee-for-service
management unit species as defined at (2) Any organism into which genetic transaction. This includes, but is not
50 CFR 665.12. matter from another species has been limited to, wildlife viewing, SCUBA
Commercial Bottomfishing means transferred in order that the host diving, snorkeling, and boating.
commercial fishing for bottomfish organism acquires the genetic traits of Secretaries means the Secretary of
species. the transferred genes. Commerce and the Secretary of the
Commercial passenger vessel means a Landing means offloading fish from a Interior or their designees.
vessel that carries individuals who have fishing vessel or causing fish to be Special Preservation Area (SPA)
paid for such carriage. offloaded from a fishing vessel. means discrete, biologically important
Commercial pelagic trolling means Midway Atoll Special Management areas of the Monument, identified in the
commercial fishing for pelagic species. Area means the area of the Monument Proclamation, within which uses are
Deserting a vessel means: surrounding Midway Atoll out to a subject to conditions, restrictions, and
(1) Leaving a vessel aground or adrift: distance of 12 nautical miles, prohibitions, including but not limited
(i) Without notifying the Secretaries of established for the enhanced to access restrictions. SPAs are used to
the vessel going aground or adrift within management, protection, and avoid concentrations of uses that could
12 hours of its discovery and developing preservation of Monument wildlife and result in declines in species populations
and presenting to the Secretaries a historical resources. The geographic or habitat, to reduce conflicts between
preliminary salvage plan within 24 coordinates of this area, which consists uses, to protect areas that are critical for
hours of such notification; of the area within the geodetic lines sustaining important marine species or
(ii) After expressing or manifesting connecting these coordinates, are found habitats, or to provide opportunities for
intention to not undertake or to cease in the Proclamation. The Midway Atoll scientific research. Specific coordinates
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salvage efforts; or Special Management Area is depicted for Special Preservation Areas within
(iii) When the Secretaries are unable, on the map in Appendix A to part 404. the Monument are found in the
after reasonable efforts, to reach the Mobile transceiver unit means a vessel Proclamation, and the Special
owner/operator within 12 hours of the monitoring system or VMS device, as Preservation Areas consist of the areas
vessel’s condition being reported to described in Appendix E to this Part, within the geodetic lines connecting
authorities. installed on board a vessel that is used these coordinates. The Special

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51137

Preservation Areas are depicted on the (2) Vessel name and International and their authorized officers and
map in Appendix A to part 404. Maritime Organization identification designees access to the vessel’s position
Special ocean use means an activity number. data obtained from the VMS. Consistent
or use of the Monument that is engaged (3) Name, address, and telephone with other applicable laws, including
in to generate revenue or profits for one number of owner and operator. the limitations on access to, and use of,
or more of the persons associated with (4) USCG documentation, state VMS data collected under the
the activity or use, and does not destroy, license, or registration number. Magnuson-Stevens Fishery
cause the loss of, or injure Monument (5) Home port. Conservation and Management Act, the
resources. This includes ocean-based (6) Intended and actual route through Secretaries may have access to, and use
ecotourism and other activities such as the Monument. of, collected data for scientific,
educational and research activities that (7) General categories of any statistical, and management purposes.
are engaged in to generate revenue, but hazardous cargo on board. (f) Authority for installation and
does not include commercial fishing for (8) Length of vessel and propulsion operation. OLE has authority over the
bottomfish or pelagic species conducted type (e.g., motor or sail). installation and operation of the VMS
pursuant to a valid permit issued by § 404.5 Requirements for a vessel unit. OLE may authorize the connection
NOAA. monitoring system. or order the disconnection of additional
Stowed and not available for equipment, including a computer, to
(a) Requirement for use. Effective
immediate use means not readily any VMS unit when deemed
August 28, 2006, an owner or operator
accessible for immediate use, e.g., by appropriate by OLE.
of a vessel that has been issued a permit
being securely covered and lashed to a (g) Activities Regarding Vessel
for accessing the Monument must
deck or bulkhead, tied down, unbaited, Monitoring Systems. Effective August
ensure that such vessel has an OLE-
unloaded, or partially disassembled 28, 2006, the following activities
approved, operating VMS on board
(such as spear shafts being kept separate regarding vessel monitoring systems are
when voyaging within the Monument.
from spear guns). prohibited and thus unlawful for any
Sustenance fishing means fishing for An operating VMS includes an
operating mobile transmitting unit on person to conduct or cause to be
bottomfish or pelagic species in which conducted:
all catch is consumed within the the vessel and a functioning
communication link between the unit (1) Operating any vessel within the
Monument, and that is incidental to an
and OLE as provided by an OLE- Monument without an OLE type-
activity permitted under this part.
Vessel monitoring system or VMS approved communication service approved mobile transceiver unit
means a vessel monitoring system or provider. Appendix B to this part 404 described in this section;
mobile transceiver unit as described in provides information regarding OLE- (2) Failing to install, activate, repair,
§ 404.5 and approved by Office for Law approved transmitting units. or replace a mobile transceiver unit
Enforcement for use on vessels (b) Installing and activating the VMS. prior to leaving port;
permitted to access the Monument, as Only a VMS that has been approved by (3) Failing to operate and maintain a
required by this Part. OLE may be used. When installing and mobile transceiver unit on board the
activating the OLE-approved VMS, or vessel at all times as specified in this
§ 404.4 Access to the Monument. when reinstalling and reactivating such section;
(a) Entering the Monument is VMS, the vessel owner or operator must: (4) Tampering with, damaging,
prohibited and thus unlawful except: (1) Follow procedures indicated on an destroying, altering, or in any way
(1) As provided in §§ 404.8 and 404.9; installation and activation checklist, distorting, rendering useless,
(2) Pursuant to a permit issued under which is available from OLE; and inoperative, ineffective, or inaccurate
§§ 404.10 or 404.11; or (2) Submit to OLE a statement
the VMS, mobile transceiver unit, or
(3) When conducting passage without certifying compliance with the
VMS signal required to be installed on
interruption in accordance with checklist, as prescribed on the checklist.
or transmitted by a vessel as specified
paragraph (b) of this section. (c) Interference with the VMS. No
in this section;
(b) Any person passing through the person may interfere with, tamper with,
alter, damage, disable, or impede the (5) Failing to contact OLE or follow
Monument without interruption is
operation of the VMS, or attempt any of OLE instructions when automatic
subject to the prohibitions in §§ 404.5,
the same. position reporting has been interrupted
404.6, and 404.7 and must provide
(d) Interruption of operation of the as specified in this section;
notification prior to entering and after
leaving the Monument. Notification of VMS. When a vessel’s VMS is not (6) Registering a VMS or mobile
entry must be provided at least 72 operating properly, the owner or transceiver unit to more than one vessel
hours, but no longer than 1 month, prior operator must immediately contact OLE, at the same time;
to the entry date. Notification of and follow instructions from that office. (7) Connecting or leaving connected
departure from the Monument must be If notified by OLE that a vessel’s VMS additional equipment to a VMS unit or
provided within 12 hours of leaving. is not operating properly, the owner and mobile transceiver unit without the
Notification under this paragraph may operator must follow instructions from prior approval of OLE; and
be made via e-mail, telephone or fax by that office. In either event, such (8) Making a false statement, oral or
contacting: instructions may include, but are not written, to an authorized officer
(1) E-mail: limited to, manually communicating to regarding the installation, use,
nwhi.notifications@commat;noaa.gov; a location designated by OLE the operation, or maintenance of a VMS
or vessel’s positions or returning to port unit or mobile transceiver unit or
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(2) Telephone: 1–866–478–NWHI until the VMS is operable. communication service provider.
(6944); or (808) 395–NWHI (6944). (e) Access to position data. As a
(c) A person providing notice under condition of authorized access to the § 404.6 Prohibited activities.
this paragraph must provide the Monument, a vessel owner or operator The following activities are prohibited
following information, as applicable: subject to the requirements for a VMS in and thus unlawful for any person to
(1) Position when making report. this section must allow OLE, the USCG, conduct or cause to be conducted:

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(a) Exploring for, developing, or § 404.8 Emergencies and law enforcement (ii) 180,000 pounds for pelagic
producing oil, gas, or minerals within activities. species.
the Monument; The prohibitions in this part do not (3) Commercial fishing for bottomfish
(b) Using or attempting to use apply to activities necessary to respond and associated pelagic species is
poisons, electrical charges, or explosives to emergencies threatening life, prohibited in the Monument after
in the collection or harvest of a property, or the environment, or to June 15, 2011.
Monument resource; activities necessary for law enforcement (c) General requirements. Any
(c) Introducing or otherwise releasing purposes. commercial fishing within the
an introduced species from within or Monument shall be conducted in
§ 404.9 Armed Forces actions.
into the Monument; and accordance with the following
(d) Anchoring on or having a vessel (a) The prohibitions in this part do restrictions and conditions:
anchored on any living or dead coral not apply to activities and exercises of (1) A valid permit or facsimile of a
with an anchor, anchor chain, or anchor the Armed Forces (including those valid permit shall be on board the
rope. carried out by the United States Coast fishing vessel and available for
Guard) that are consistent with inspection by an authorized officer;
§ 404.7 Regulated activities. applicable laws. (2) No attempt is made to falsify or
Except as provided in §§ 404.8, 404.9 (b) These regulations shall not limit fail to make, keep, maintain, or submit
and 404.10, the following activities are agency actions to respond to any logbook or logbook form or other
prohibited and thus unlawful for any emergencies posing an unacceptable required record or report.
person to conduct or cause to be threat to human health or safety or to (3) Only gear specifically authorized
conducted within the Monument the marine environment and admitting by the relevant permit issued under the
without a valid permit as provided for of no other feasible solution. Magnuson-Stevens Fishery
in § 404.11: (c) All activities and exercises of the
Conservation and Management Act is
(a) Removing, moving, taking, Armed Forces shall be carried out in a
allowed to be in the possession of a
harvesting, possessing, injuring, manner that avoids, to the extent
person conducting commercial fishing
disturbing, or damaging; or attempting practicable and consistent with
under this section;
to remove, move, take, harvest, possess, operational requirements, adverse
(4) Any person conducting
injure, disturb, or damage any living or impacts on Monument resources and
commercial fishing notifies the
nonliving Monument resource; qualities.
(d) In the event of threatened or actual Secretaries by telephone, facsimile, or
(b) Drilling into, dredging, or electronic mail at least 72 hours before
otherwise altering the submerged lands destruction of, loss of, or injury to a
Monument resource or quality resulting entering the Monument and within 12
other than by anchoring a vessel; or hours after leaving the Monument in
constructing, placing, or abandoning from an incident, including but not
limited to spills and groundings, caused accordance with § 404.4(b) and (c);
any structure, material, or other matter (5) All fishing vessels must carry an
on the submerged lands; by a component of the Department of
Defense or the United States Coast activated and functioning VMS unit on
(c) Anchoring a vessel; board at all times whenever the vessel
(d) Deserting a vessel aground, at Guard, the cognizant component shall
promptly coordinate with the is in the Monument;
anchor, or adrift; (6) All fishing vessels must carry an
(e) Discharging or depositing any Secretaries for the purpose of taking
appropriate actions to respond to and observer when requested to do so by the
material or other matter into Special Secretaries;
Preservation Areas or the Midway Atoll mitigate the harm and, if possible,
restore or replace the Monument (7) The activity does not take place
Special Management Area except vessel within any Ecological Reserve, any
engine cooling water, weather deck resource or quality.
Special Preservation Area, or the
runoff, and vessel engine exhaust; § 404.10 Commercial fishing. Midway Atoll Special Management
(f) Discharging or depositing any (a) Lobster fishing. Any commercial Area.
material or other matter into the lobster fishing permit is subject to a zero
Monument, or discharging or depositing § 404.11 Permitting procedures and
annual harvest limit condition. criteria.
any material or other matter outside the (b) Fishing and bottomfish and
Monument that subsequently enters the pelagic species. (1) Notwithstanding the (a) Issuance. Subject to such terms
Monument and injures any resources of prohibitions in § 404.7(a) and (h), and conditions as the Secretaries deem
the Monument, except fish parts (i.e., commercial fishing for bottomfish and appropriate, a person may conduct an
chumming material or bait) used in and associated pelagic species may continue activity prohibited by § 404.7 if such
during authorized fishing operations, or within the Monument subject to activity is specifically authorized by a
discharges incidental to vessel use such paragraph (c) of this section, until permit issued under this section.
as deck wash, approved marine June 15, 2011, provided that: (b) Application requirements.
sanitation device effluent, cooling (i) The fishing is conducted in Applicants for permits under this
water, and engine exhaust; accordance with a valid commercial section shall submit applications to:
(g) Touching coral, living or dead; bottomfish permit issued by NOAA; and Northwestern Hawaiian Islands Marine
(h) Possessing fishing gear except (ii) Such permit was in effect on National Monument, 6600 Kalanianaole
when stowed and not available for June 15, 2006, and is subsequently Highway, Suite 300, Honolulu, HI
immediate use during passage without renewed pursuant to NOAA regulations 96825.
interruption through the Monument; at 50 CFR part 665, subpart E as (c) Permit Types. A permit under this
(i) Swimming, snorkeling, or closed or necessary. subpart may be issued if the Secretaries
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open circuit SCUBA diving within any (2) Total landings for each fishing find that the activity:
Special Preservation Area or the year from fishing allowed under (1) Is research designed to further
Midway Atoll Special Management paragraph (b)(1) of this section may not understanding of Monument resources
Area; and exceed the following amounts: and qualities;
(j) Attracting any living Monument (i) 350,000 pounds for bottomfish (2) Will further the educational value
resource. species; and of the Monument;

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Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51139

(3) Will assist in the conservation and (2) The purpose and intent of the ocean use may only be issued if a
management of the Monument; activity are appropriate and deemed special ocean use pilot project for that
(4) Will allow Native Hawaiian necessary by traditional standards in the category meets the requirements of this
practices subject to paragraph (e) of this Native Hawaiian culture (pono), and section, and any terms and conditions
section; demonstrate an understanding of, and placed on the permit for the pilot
(5) Will allow a special ocean use background in, the traditional practice, project.
subject to paragraph (f) of this section; and its associated values and protocols; (4) Public notice shall be provided
or (3) The activity benefits the resources prior to requiring a special ocean use
(6) Will allow recreational activities of the Northwestern Hawaiian Islands permit for any category of activity not
subject to paragraph (g) of this section. and the Native Hawaiian community; previously identified as a special ocean
(d) Findings. A permit may not be (4) The activity supports or advances use.
issued under this section unless the the perpetuation of traditional (5) The following requirements apply
Secretaries find: knowledge and ancestral connections of to permits for a special ocean use for an
(1) The activity can be conducted Native Hawaiians to the Northwestern activity within the Midway Atoll
with adequate safeguards for the Hawaiian Islands; and Special Management Area.
resources and ecological integrity of the (5) Any Monument resource harvested (i) A permit for a special ocean use for
Monument; from the Monument will be consumed activities within the Midway Atoll
(2) The activity will be conducted in in the Monument. Special Management Area may be
a manner compatible with the purposes (f) Additional findings, criteria, and issued provided:
of the Proclamation, considering the requirements for special ocean use (A) The activity furthers the
extent to which the conduct of the permits. (1) In addition to the findings conservation and management of the
activity may diminish or enhance listed in paragraph (d) of this section, Monument; and
Monument resources, qualities, and the following requirements apply to the (B) The Director of the United States
ecological integrity, any indirect, issuance of a permit for a special ocean Fish and Wildlife Service or his or her
secondary or cumulative effects of the use under paragraph (c)(5) of this designee has determined that the
activity, and the duration of such section: activity is compatible with the purposes
effects; (i) Any permit for a special ocean use for which the Midway Atoll National
(3) There is no practicable alternative issued under this section: Wildlife Refuge was designated.
to conducting the activity within the (ii) Shall authorize the conduct of an (ii) As part of a permit issued
Monument; activity only if that activity is pursuant to this paragraph (f)(5), vessels
(4) The end value of the activity compatible with the purposes for which may be allowed to transit the Monument
outweighs its adverse impacts on the Monument is designated and with as necessary to enter the Midway Atoll
Monument resources, qualities, and protection of Monument resources; Special Management Area.
ecological integrity; (A) Shall not authorize the conduct of (6) A permit for a special ocean use
(5) The duration of the activity is no any activity for a period of more than 5 for activities outside the Midway Atoll
longer than necessary to achieve its years unless renewed; Special Management Area may be
stated purpose; (B) Shall require that activities carried issued provided:
(6) The applicant is qualified to out under the permit be conducted in a (i) The activity will directly benefit
conduct and complete the activity and manner that does not destroy, cause the the conservation and management of the
mitigate any potential impacts resulting loss of, or injure Monument resources; Monument;
from its conduct; and (ii) The purpose of the activity is for
(7) The applicant has adequate (iii) Shall require the permittee to research or education related to the
financial resources available to conduct purchase and maintain comprehensive resources or qualities of the Monument;
and complete the activity and mitigate general liability insurance, or post an (iii) Public notice of the application
any potential impacts resulting from its equivalent bond, against claims arising and an opportunity to provide
conduct; out of activities conducted under the comments is given at least 30 days prior
(8) The methods and procedures permit and to agree to hold the United to issuing the permit; and
proposed by the applicant are States harmless against such claims; (iv) The activity does not involve the
appropriate to achieve the proposed (iv) Each person issued a permit for a use of a commercial passenger vessel.
activity’s goals in relation to their special ocean use under this section (g) Additional findings for recreation
impacts to Monument resources, shall submit an annual report to the permits. A permit for recreational
qualities, and ecological integrity; Secretaries not later than December 31 activities under paragraph (c)(6) of this
(9) The applicant’s vessel has been of each year which describes activities section may be issued for activities to be
outfitted with a mobile transceiver unit conducted under that permit and conducted within the Midway Atoll
approved by OLE and complies with the revenues derived from such activities Special Management area if, in addition
requirements of § 404.5; and during the year. to the findings listed in paragraph (d) of
(10) There are no other factors that (2) In addition to the findings listed this section:
would make the issuance of a permit for in paragraph (d) of this section, a permit (1) The activity is for the purpose of
the activity inappropriate. may not be issued for a special ocean recreation as defined in section 404.3;
(e) Additional findings for Native use unless the activity has been (2) The activity is not associated with
Hawaiian practice permits. In addition determined to be consistent with the any for-hire operation; and
to the findings listed in paragraph (d) of findings made pursuant to paragraph (f) (3) The activity does not involve any
this section, a permit to allow Native of this section. extractive use.
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Hawaiian practices under paragraph (3) Categories of special ocean use (h) Sustenance fishing. Sustenance
(c)(4) of this section, may not be issued being permitted for the first time under fishing, as defined in 404.3, may be
unless: this section will be restricted in allowed outside of any Special
(1) The activity is non-commercial duration and permitted as a special Preservation Area as a term or condition
and will not involve the sale of any ocean use pilot project. Subsequent of any permit issued under this part.
organism or material collected; permits for any category of special Sustenance fishing in the Midway Atoll

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51140 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

Special Management Area shall not be diminish Monument resources, against a person who is not a citizen,
allowed unless the activity has been qualities, and ecological integrity, as national, or resident alien of the United
determined by the Director of the U.S. well as any indirect, secondary, or States (including foreign flag vessels)
Fish and Wildlife Service or his or her cumulative effects of the activity and unless in accordance with international
designee to be compatible with the the duration of such effects. Sustenance law.
purposes for which the Midway Atoll fishing is subject to systematic reporting
requirements when developed by the Appendix A to Part 404—Map of the
National Wildlife Refuge was
Secretaries. Monument Outer Boundary and
established. Sustenance fishing must be
Ecological Reserves, Special
conducted in a manner compatible with § 404.12 International law. Preservation Areas, and Midway Atoll
the Proclamation and this part, These regulations shall be applied in Special Management Area
including considering the extent to accordance with international law. No
which the conduct of the activity may restrictions shall apply to or be enforced BILLING CODE 3510–NK–P
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51142 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations

Appendix B to Part 404—Approved reporting and broadcast command installing an approved OLE Inmarsat-C
VMS identification numbers into the unit; (3) test transceiver on the vessel, vessels can send
the unit to ensure operation when and receive e-mail, to and from land, while
I. VMS Mobile Transceiver Unit installation has been completed on the the transceiver automatically sends vessel
Thrane & Thrane Sailor 3026D Gold VMS vessel; and (4) forward the Inmarsat service position reports to OLE, and is fully
provider and the transceiver identifying compliant with the International Coast Guard
The Thrane & Thrane Sailor 3026D Gold information to OLE. Search and Rescue Centers. Xantic Vessel
VMS (TT–3026D) has been found to meet the
II. Inmarsat-C Communications Providers Monitoring System Services are being sold
minimum technical requirements for vessels
issued permits to operate in the through Thrane & Thrane, Inc. For the
It is recommended, for vendor warranty
Northwestern Hawaiian Islands Marine Thrane & Thrane and Xantic addresses, look
and customer service purposes, that the
National Monument. The address for the vessel owner keep for his or her records and in this notice under the heading ‘‘VMS
Thrane & Thrane distributor contact is that Telenor and Xantic have on record the Provider Address’’.
provided in this notice under the heading following identifying information: (1) Signed For Telenor and Xantic, Thrane & Thrane
VMS Provider Address. and dated receipts and contracts; (2) customer service supports the security and
The TT–3026D Gold VMS features an transceiver serial number; (3) Telenor or privacy of vessel accounts and messages with
integrated GPS/Inmarsat-C unit and a marine Xantic customer number, user name and the following: (a) Password authentication for
grade monitor with keyboard and integrated password; (4) e-mail address of transceiver; vessel owners or agents and for OLE to
mouse. The unit is factory pre-configured for (5) Inmarsat identification number; (6) owner prevent unauthorized changes or inquiries;
NMFS VMS operations (non-Global Maritime name; (7) vessel name; (8) vessel and (b) separation of private messages from
Distress & Safety System (non-GMDSS)). documentation or registration number; and OLE messages. (OLE requires VMS-related
Satellite commissioning services are (9) mobile earth station license (FCC license). position reports, only.)
provided by Thrane & Thrane personnel. The OLE will provide an installation and Billing is separated between accounts for
Automatic GPS position reporting starts activation checklist that the vessel owner the vessel owner and the OLE. VMS position
after transceiver installation and power must follow. The vessel owner must sign a reports and vessel-initiated messaging are
activation onboard the vessel. The unit is an statement on the checklist certifying paid for by the vessel owner. Messaging
integrated transceiver/antenna/GPS design compliance with the installation procedures initiated from OLE operations center is paid
using a floating 10 to 32 VDC power supply. and return the checklist to OLE. Installation for by NOAA.
The unit is configured for automatic reduced can be performed by an experienced crew or Thrane & Thrane provides customer
position transmissions when the vessel is by an electronics specialist, and the service for Telenor and Xantic users to
stationary (i.e., in port). It allows for port installation cost is paid by the owner. support and establish two-way transmission
stays without power drain or power shut The owner may confirm the TT–3026D of transceiver unit configuration commands
down. The unit restarts normal position operation and communications service to between the transceiver and land-based
transmission automatically when the vessel ensure that position reports are automatically control centers. This supports OLE’s message
goes to sea. sent to and received by OLE before leaving needs and, optionally, the crew’s private
The TT–3026D provides operation down to on a trip under VMS. The OLE does not message needs.
+/¥15 degree angles. The unit has the regard the vessel as meeting requirements The vessel owner can configure automatic
capability of two-way communications to until position reports are automatically position reports to be sent to a private
send formatted forms and to receive e-mail received. For confirmation purposes, contact
address, such as to a fleet management
and other messages. A configuration option the NOAA Fisheries Office for Law
Enforcement, 8484 Georgia Ave., Suite 415,
is available to automatically send position Vessel owners wishing to use Telenor or
Silver Spring, MD 20910, phone 888–219–
reports to a private address, such as a fleet Xantic services will need to purchase an
9228, fax 301–427–0049.
management company. Inmarsat-C transceiver approved for vessels
A vessel owner may purchase this system Telenor Satellite Services issued permits to operate in the
by contacting the entity identified in this Inmarsat-C is a store-and-forward data Northwestern Hawaiian Islands Marine
notice under the heading ‘‘VMS Provider messaging service. Inmarsat-C allows users to National Monument. The owner will need to
Address’’. The owner should identify himself send and receive information virtually complete an Inmarsat-C system use contract
or herself as a vessel owner issued a permit anywhere in the world, on land, at sea, and with Telenor or Xantic, including a mobile
to operate in the Northwestern Hawaiian in the air. Inmarsat-C supports a wide variety earth station license (FCC requirement). The
Islands Marine National Monument, so the of applications including Internet, e-mail, transceiver will need to be commissioned
transceiver set can be properly configured. position and weather reporting, a free daily with Inmarsat according to Telenor or
To use the TT–3026D the vessel owner will news service, and remote equipment Xantic’s instructions. The owner should refer
need to establish an Inmarsat-C system use monitoring and control. Mariners can use to and follow the configuration, installation,
contract with an approved Inmarsat-C Inmarsat-C free of charge to send critical and service activation procedures for the
communications service provider. The owner safety at sea messages as part of the U.S. specific transceiver purchased.
will be required to complete the Inmarsat-C Coast Guard’s Automated Mutual-Assistance
‘‘Registration for Service Activation for Vessel Rescue system and of the NOAA III. VMS Provider Address
Maritime Mobile Earth Station.’’ The owner Shipboard Environmental Acquisition For TT–3026D, Telenor, or Xantic
should consult with Thrane & Thrane when System programs. Telenor Vessel Monitoring information, contact Ronald Lockerby,
completing this form. System Services is being sold through Thrane Marine Products, Thrane & Thrane, Inc., 509
Thrane & Thrane personnel will perform & Thrane, Inc. For the Thrane & Thrane and Viking Drive, Suite K, L & M, Virginia Beach,
the following services before shipment: (1) Telenor addresses, look inside this notice VA 23452; voice: 757–463–9557; fax: 757–
Configure the transceiver according to OLE under the heading ‘‘VMS Provider Address’’. 463–9581, e-mail: rdl@tt.dk.com; Web site:
specifications for vessels issued permits to http://www.landseasystems.com.
operate in the Northwestern Hawaiian Xantic
Islands Marine National Monument; (2) Xantic is a provider of Vessel Monitoring [FR Doc. 06–7235 Filed 8–25–06; 12:24 pm]
download the predetermined NMFS position Services to the maritime industry. By BILLING CODE 3510–NK–P
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