Page:Title 3 CFR 2006 Compilation.djvu/84

 Proclamations Proc. 8031 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 Pres- ervation Areas or the Midway Atoll Special Management Area except ves- sel engine cooling water, weather deck runoff, and vessel engine exhaust; 6. Discharging or depositing any material or other matter into the monu- ment, or discharging or depositing any material or other matter outside of the monument that subsequently enters the monument and injures any re- sources of the monument, except fish parts (i.e., chumming material or bait) used in and during authorized fishing operations, or discharges inci- dental 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 imme- diate 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 envi- ronment, or to activities necessary for law enforcement purposes. Armed Forces Actions \177. The prohibitions required by this proclamation shall not apply to activi- ties 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 oper- ational requirements, adverse impacts on monument resources and quali- ties. 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 71

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