[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: 50CFR404.9]

[Page 845]
 
                    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. 404.9   Armed Forces actions.

    (a) The prohibitions in this part do not apply to activities and 
exercises of the Armed Forces (including those carried out by the United 
States Coast Guard) that are consistent with applicable laws.
    (b) These regulations shall not limit agency actions to respond to 
emergencies posing an unacceptable threat to human health or safety or 
to the marine environment and admitting of no other feasible solution.
    (c) All activities and exercises of the Armed Forces shall be 
carried out in a manner that avoids, to the extent practicable and 
consistent with operational requirements, adverse impacts on Monument 
resources and qualities.
    (d) In the event of threatened or actual destruction of, loss of, or 
injury to a Monument resource or quality resulting from an incident, 
including but not limited to spills and groundings, caused by a 
component of the Department of Defense or the United States Coast Guard, 
the cognizant component shall promptly coordinate 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.