Page:Title 3 CFR 2006 Compilation.djvu/86

 Proclamations Proc. 8031 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 ac- tivity is specifically authorized by a permit. The Secretaries, in their discre- tion, 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 monu- ment; (iii) will assist in the conservation and management of the monu- ment; (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 re- sources and ecological integrity of the monument; b. The activity will be conducted in a manner compatible with the man- agement direction of this proclamation, considering the extent to which the conduct of the activity may diminish or enhance monument re- sources, 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 monu- ment 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 appro- priate 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 proclama- tion; 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 ]isted above, the Secretaries shah not issue a permit to a]]ow 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; 73

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