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Skriven 2006-06-15 23:34:10 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (060615i) for Thu, 2006 Jun 15
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Establishment of the Northwestern Hawaiian Islands Marine National Monument
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For Immediate Release
Office of the Press Secretary
June 15, 2006

Establishment of the Northwestern Hawaiian Islands Marine National Monument
A Proclamation by the President of the United States of America


˙˙˙˙˙ President Bush Establishes Northwestern Hawaiian Islands National
Monument ˙˙˙˙˙ In Focus: Environment


In the Pacific Ocean northwest of the principal islands of Hawaii lies an
approximately 1,200 nautical mile stretch of coral islands, seamounts,
banks, and shoals. The area, including the Northwestern Hawaiian Islands
Coral Reef Ecosystem Reserve, the Midway National Wildlife Refuge, the
Hawaiian Islands National Wildlife Refuge, and the Battle of Midway
National Memorial, supports a dynamic reef ecosystem with more than 7,000
marine species, of which approximately half are unique to the Hawaiian
Island chain. This diverse ecosystem is home to many species of coral,
fish, birds, marine mammals, and other flora and fauna including the
endangered Hawaiian monk seal, the threatened green sea turtle, and the
endangered leatherback and hawksbill sea turtles. In addition, this area
has great cultural significance to Native Hawaiians and a connection to
early Polynesian culture worthy of protection and understanding.

WHEREAS Executive Order 13089 of June 11, 1998, Executive Order 13178 of
December 4, 2000, and Executive Order 13196 of January 18, 2001, as well as
the process for designation of a National Marine Sanctuary undertaken by
the Secretary of Commerce, have identified objects of historic or
scientific interest that are situated upon the lands owned or controlled by
the Government of the United States in the area of the Northwestern
Hawaiian Islands;

WHEREAS section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431)
(the "Antiquities Act") authorizes the President, in his discretion, to
declare by public proclamation historic landmarks, historic and prehistoric
structures, and other objects of historic or scientific interest that are
situated upon lands owned or controlled by the Government of the United
States to be national monuments, and to reserve as a part thereof parcels
of land, the limits of which in all cases shall be confined to the smallest
area compatible with the proper care and management of the objects to be
protected;

WHEREAS it would be in the public interest to preserve the marine area of
the Northwestern Hawaiian Islands and certain lands as necessary for the
care and management of the historic and scientific objects therein,

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by section 2 of the Act of June 8,
1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are hereby set
apart and reserved as the Northwestern Hawaiian Islands Marine National
Monument (the "monument" or "national monument") for the purpose of
protecting the objects described above, all lands and interests in lands
owned or controlled by the Government of the United States within the
boundaries described on the accompanying map entitled "Northwestern
Hawaiian Islands Marine National Monument" attached to and forming a part
of this proclamation. The Federal land and interests in land reserved
includes approximately 139,793 square miles of emergent and submerged lands
and waters of the Northwestern Hawaiian Islands, which is the smallest area
compatible with the proper care and management of the objects to be
protected.

All Federal lands and interests in lands within the boundaries of this
monument are hereby appropriated and withdrawn from all forms of entry,
location, selection, sale, or leasing or other disposition under the public
land laws, including, but not limited to, withdrawal from location, entry,
and patent under mining laws, and from disposition under all laws relating
to mineral and geothermal leasing.

The Secretary of Commerce, through the National Oceanic and Atmospheric
Administration (NOAA), will have primary responsibility regarding
management of the marine areas, in consultation with the Secretary of the
Interior. The Secretary of the Interior, through the Fish and Wildlife
Service (FWS), will have sole responsibility for management of the areas of
the monument that overlay the Midway Atoll National Wildlife Refuge, the
Battle of Midway National Memorial, and the Hawaiian Islands National
Wildlife Refuge, in consultation with the Secretary of Commerce.

The Secretary of Commerce and the Secretary of the Interior (collectively,
the "Secretaries") shall review and, as appropriate, modify the interagency
agreement developed for coordinated management of the Northwestern Hawaiian
Islands Coral Reef Ecosystem Reserve, signed on May 19, 2006. To manage the
monument, the Secretary of Commerce, in consultation with the Secretary of
the Interior and the State of Hawaii, shall modify, as appropriate, the
plan developed by NOAA's National Marine Sanctuary Program through the
public sanctuary designation process, and will provide for public review of
that plan. To the extent authorized by law, the Secretaries, acting through
the FWS and NOAA, shall promulgate any additional regulations needed for
the proper care and management of the objects identified above.

The Secretary of State, in consultation with the Secretaries, shall take
appropriate action to enter into negotiations with other governments to
make necessary arrangements for the protection of the monument and to
promote the purposes for which the monument is established. The Secretary
of State, in consultation with the Secretaries, shall seek the cooperation
of other governments and international organizations in furtherance of the
purposes of this proclamation and consistent with applicable regional and
multilateral arrangements for the protection and management of special
marine areas. Furthermore, this proclamation shall be applied in accordance
with international law. No restrictions shall apply to or be enforced
against a person who is not a citizen, national, or resident alien of the
United States (including foreign flag vessels) unless in accordance with
international law.

Nothing in this proclamation shall be deemed to diminish or enlarge the
jurisdiction of the State of Hawaii.

The establishment of this monument is subject to valid existing rights and
use of the monument shall be administered as follows:

Access to the Monument

The Secretaries shall prohibit entering the monument except pursuant to
permission granted by the Secretaries or their designees. Any person
passing through the monument without interruption must notify an official
designated by the Secretaries at least 72 hours, but no longer than 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
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.

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 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

(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 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 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

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