Page:United States Statutes at Large Volume 120.djvu/3858

 (I) THE SECRETARIES MAY ISSUE A PERMIT FOR A SPECIAL OCEAN USE FOR ACTIVITIES WITHIN THE MIDWAY ATOLL SPECIAL MANAGEMENT AREA PROVIDED:

(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:

(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

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.