Proc. 8031 Title 3--The President not limited to spills and groundings, caused by a component of the Depart- ment of Defense or the USCG, the cognizant component shall promptly co- ordinate with the Secretaries for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the monument resource or quality. Commercial Fishing 1. The Secretaries shall ensure that any commercial lobster fishing permit shall be subject to a zero annual harvest limit. 2. Fishing for bottomfish and pelagic species. The Secretaries shall ensure that: a. Commercial fishing for bottomfish and associated pelagic species may continue within the monument for not longer than 5 years from the date of this proclamation provided that: (i) The fishing is conducted in accordance with a valid commercial bottomfish permit issued by NOAA; and (ii) Such permit is in effect on the date of this proclamation and is subsequently renewed pursuant to NOAA regulations at 50 CFR part 660 subpart E as necessary. b. Total landings for each fishing year may not exceed the following amounts: (i) 350,000 pounds for bottomfish species; and (ii) 180,000 pounds for pelagic species. c. Commercial fishing for bottomfish and associated pelagic species is prohibited in the monument after 5 years from the date of this proclama- tion. General Requirements The Secretaries shall ensure that any commercial fishing within the monu- ment is conducted in accordance with the following restrictions and condi- tions: \177. A valid permit or facsimile of a valid permit is on board the fishing ves- sel and is available for inspection by an authorized officer; 2. No attempt is made to falsify or fail to make, keep, maintain, or submit any logbook or logbook form or other required record or report; 3. Only gear specifically authorized by the relevant permit issued under the Magnuson-Stevens Fishery Conservation and Management Act is allowed to be in the possession of a person conducting commercial fishing under this section; 4. Any person conducting commercial fishing notifies the Secretaries by telephone, facsimile, or electronic mail at least 72 hours before entering the monument and within \1772 hours after leaving the monument; 5. All fishing vessels must carry an activated and functioning VMS unit on board at all times whenever the vessel is in the monument; 6. All fishing vessels must carry an observer when requested to do so by the Secretaries; and 7. The activity does not take place within any Ecological Reserve, any Spe- cial Preservation Area, or the Midway Atoll Special Management Area. 72
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