Page:Title 3 CFR 2006 Compilation.djvu/82

 Proclamations Proc. 8031 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 pass- ing through the monument without interruption must notify an official des- ignated 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 identifica- tion number; (iii) name, address, and telephone number of owner and oper- ator; (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 \177. 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 pro- viders 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 commu- nication service provider. 2. Only a VMS that has been approved by OLE may be used. When install- ing and activating the OLE-approved VMS, or when reinstailing and reacti- vating 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 im- pede 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 69

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