[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR404.5]

[Page 843-844]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 404_NORTHWESTERN HAWAIIAN ISLANDS MARINE NATIONAL MONUMENT--Table 
 
Sec. 404.5   Requirements for a vessel monitoring system.

    (a) Requirement for use. Effective August 28, 2006, an owner or 
operator of a vessel that has been issued a permit for accessing the 
Monument must ensure that such vessel has an OLE-approved, operating VMS 
on board when voyaging within the Monument. An operating VMS includes an 
operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and OLE as provided by an OLE-
approved communication service provider. Appendix B to this part 404 
provides information regarding OLE-approved transmitting units.
    (b) Installing and activating the VMS. Only a VMS that has been 
approved by OLE may be used. When installing and activating the OLE-
approved VMS, or when reinstalling and reactivating such VMS, the vessel 
owner or operator must:
    (1) Follow procedures indicated on an installation and activation 
checklist, which is available from OLE; and
    (2) Submit to OLE a statement certifying compliance with the 
checklist, as prescribed on the checklist.
    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact OLE, 
and follow instructions from that office. If notified by OLE that a 
vessel's VMS is not operating properly, the owner and operator must 
follow instructions from that office. In either event, such instructions 
may include, but are not limited to, manually communicating to a 
location designated by OLE the vessel's positions or returning to port 
until the VMS is operable.
    (e) Access to position data. As a condition of authorized access to 
the Monument, a vessel owner or operator subject to the requirements for 
a VMS in this section must allow OLE, the USCG, and their authorized 
officers and designees access to the vessel's position data obtained 
from the VMS. Consistent with other applicable laws, including the 
limitations on access to, and use of, VMS data collected under the 
Magnuson-Stevens Fishery Conservation and Management Act, the 
Secretaries may have access to, and use of, collected data for 
scientific, statistical, and management purposes.
    (f) Authority for installation and operation. OLE has authority over 
the installation and operation of the VMS

[[Page 844]]

unit. OLE may authorize the connection or order the disconnection of 
additional equipment, including a computer, to any VMS unit when deemed 
appropriate by OLE.
    (g) Activities Regarding Vessel Monitoring Systems. Effective August 
28, 2006, the following activities regarding vessel monitoring systems 
are prohibited and thus unlawful for any person to conduct or cause to 
be conducted:
    (1) Operating any vessel within the Monument without an OLE type-
approved mobile transceiver unit described in this section;
    (2) Failing to install, activate, repair, or replace a mobile 
transceiver unit prior to leaving port;
    (3) Failing to operate and maintain a mobile transceiver unit on 
board the vessel at all times as specified in this section;
    (4) Tampering with, damaging, destroying, altering, or in any way 
distorting, rendering useless, inoperative, ineffective, or inaccurate 
the VMS, mobile transceiver unit, or VMS signal required to be installed 
on or transmitted by a vessel as specified in this section;
    (5) Failing to contact OLE or follow OLE instructions when automatic 
position reporting has been interrupted as specified in this section;
    (6) Registering a VMS or mobile transceiver unit to more than one 
vessel at the same time;
    (7) Connecting or leaving connected additional equipment to a VMS 
unit or mobile transceiver unit without the prior approval of OLE; and
    (8) Making a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
VMS unit or mobile transceiver unit or communication service provider.