Page:Title 3 CFR 2006 Compilation.djvu/90

 Proclamations Proc. 8031 Native Hawaiian Practices means cultural activities conducted for the pur- poses 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 Na- tive 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 in- volves visiting the monument for study, enioyment, or volunteer assistance for purposes of conservation and management. Pelagic Species means Pacific Pelagic Management Unit Species as defined at 50 CFR 660A2. Pono means appropriate, correct, and deemed necessary by traditional standards in the Hawaiian culture. l?ecreationa] Activity means an activity conducted for personal enioyment 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 subiect to conditions, restric- tions, 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 pro- tect areas that are critical for sustaining important marine species or habi- tats, or to provide opportunities for scientific research. Special Ocean Use means an activity or use of the monument that is en- gaged in to generate revenue or profits for one or more of the persons asso- ciated with the activity or use, and does not destroy, cause the loss of, or iniure 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 mo- bile 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 with- drawal, reservation, or appropriation; however, the national monument shall be the dominant reservation. 77

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