cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
12 rows where part_number = 404 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:11.0.3.9.5.0.1.1 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.1 Scope and purpose. | FWS | The regulations in this part codify the provisions of Presidential Proclamation 8031, and govern the administration of the Northwestern Hawaiian Islands Marine National Monument. These regulations are jointly implemented by the Secretaries of the Interior, through the U.S. Fish and Wildlife Service (USFWS), and Commerce, through the National Oceanic and Atmospheric Administration (NOAA). Nothing in these regulations shall be deemed to diminish or enlarge the jurisdiction of the State of Hawaii. | ||||||
| 50:50:11.0.3.9.5.0.1.10 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.10 Commercial fishing. | FWS | (a) Lobster fishing. Any commercial lobster fishing permit is subject to a zero annual harvest limit condition. (b) Fishing and bottomfish and pelagic species. (1) Notwithstanding the prohibitions in § 404.7(a) and (h), commercial fishing for bottomfish and associated pelagic species may continue within the Monument subject to paragraph (c) of this section, until June 15, 2011, provided that: (i) The fishing is conducted in accordance with a valid commercial bottomfish permit issued by NOAA; and (ii) Such permit was in effect on June 15, 2006, and is subsequently renewed pursuant to NOAA regulations at 50 CFR part 665, subpart E as necessary. (2) Total landings for each fishing year from fishing allowed under paragraph (b)(1) of this section may not exceed the following amounts: (i) 350,000 pounds for bottomfish species; and (ii) 180,000 pounds for pelagic species. (3) Commercial fishing for bottomfish and associated pelagic species is prohibited in the Monument after June 15, 2011. (c) General requirements. Any commercial fishing within the Monument shall be conducted in accordance with the following restrictions and conditions: (1) A valid permit or facsimile of a valid permit shall be on board the fishing vessel and 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 12 hours after leaving the Monument in accordance with § 404.4(b) and (c); (5) All fishing vessels must carry an activated and functioning VMS unit on board at all times whenever the vessel is i… | ||||||
| 50:50:11.0.3.9.5.0.1.11 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.11 Permitting procedures and criteria. | FWS | [71 FR 51135, Aug. 29, 2006, as amended at 72 FR 5643, Feb. 7, 2007; 79 FR 44317, July 31, 2014] | (a) Issuance. Subject to such terms and conditions as the Secretaries deem appropriate, a person may conduct an activity prohibited by § 404.7 if such activity is specifically authorized by a permit issued under this section. (b) Application requirements. Applicants for permits under this section shall submit applications to: NOAA/Inouye Regional Center; NOS/ONMS/PMNM/Attn: Permit Coordinator; 1845 Wasp Blvd., Building 176; Honolulu, HI 96818. (c) Permit Types. A permit under this subpart may be issued if the Secretaries find that the activity: (1) Is research designed to further understanding of Monument resources and qualities; (2) Will further the educational value of the Monument; (3) Will assist in the conservation and management of the Monument; (4) Will allow Native Hawaiian practices subject to paragraph (e) of this section; (5) Will allow a special ocean use subject to paragraph (f) of this section; or (6) Will allow recreational activities subject to paragraph (g) of this section. (d) Findings. A permit may not be issued under this section unless the Secretaries find: (1) The activity can be conducted with adequate safeguards for the resources and ecological integrity of the Monument; (2) The activity will be conducted in a manner compatible with the purposes of the Proclamation, considering the extent to which the conduct of the activity may diminish or enhance Monument resources, qualities, and ecological integrity, any indirect, secondary or cumulative effects of the activity, and the duration of such effects; (3) There is no practicable alternative to conducting the activity within the Monument; (4) The end value of the activity outweighs its adverse impacts on Monument resources, qualities, and ecological integrity; (5) The duration of the activity is no longer than necessary to achieve its stated purpose; (6) The applicant is qualified to conduct and complete the activity and mitigate any potential impacts resulting from its conduct; (7) The applicant has adequate financial… | |||||
| 50:50:11.0.3.9.5.0.1.12 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.12 International law. | FWS | These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law. | ||||||
| 50:50:11.0.3.9.5.0.1.2 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.2 Boundary. | FWS | The Northwestern Hawaiian Islands Marine National Monument consists of all lands and interest in lands owned or controlled by the Government of the United States within the boundaries of the Monument, including emergent and submerged lands and waters of the Northwestern Hawaiian Islands. The map in appendix A to this part 404 depicts the outer boundary of the Monument, which consists of the geodetic lines connecting the coordinates specified in the Proclamation. | ||||||
| 50:50:11.0.3.9.5.0.1.3 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.3 Definitions. | FWS | [71 FR 51135, Aug. 29, 2006, as amended at 73 FR 73598, Dec. 3, 2008] | The following definitions are applicable only to this part. Areas to be avoided means the four designated areas that should be avoided by vessels that are conducting passage through the Monument without interruption. Appendix C sets forth the coordinates of these areas. Attract or Attracting means luring or attempting to lure a living resource by any means, except the mere presence of human beings (e.g., swimmers, divers, boaters). Bottomfish Species means Bottomfish management unit species as defined at 50 CFR 665.12. Categories of hazardous cargoes means goods classified in the International Maritime Dangerous Goods (IMDG) Code; substances classified in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as defined in MARPOL Annex I; noxious liquid substances as defined in MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and radioactive materials specified in the Code for the Safe Carriage of the Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships (INF Code). Commercial Bottomfishing means commercial fishing for bottomfish species. Commercial passenger vessel means a vessel that carries individuals who have paid for such carriage. Commercial pelagic trolling means commercial fishing for pelagic species. Deserting a vessel means: (1) Leaving a vessel aground or adrift: (i) Without notifying the Secretaries of the vessel going aground or adrift within 12 hours of its discovery and developing and presenting to the Secretaries a preliminary salvage plan within 24 hours of such notification; (ii) After expressing or manifesting intention to not undertake or to cease salvage efforts; or (iii) When the Secretaries are unable, after reasonable efforts, to reach the owner/operator within 12 hours of the vessel's condition being repo… | |||||
| 50:50:11.0.3.9.5.0.1.4 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.4 Access to Monument. | FWS | [73 FR 73598, Dec. 3, 2008, as amended at 79 FR 44317, July 31, 2014] | (a) Entering the Monument is prohibited and thus unlawful except: (1) As provided in §§ 404.8 and 404.9; (2) Pursuant to a permit issued under § 404.10 or § 404.11; or (3) When conducting passage without interruption in accordance with paragraphs (b) through (f) of this section. (b) Any person passing through the Monument without interruption is subject to the prohibitions in §§ 404.5, 404.6, and 404.7. (c) The following vessels, except vessels entitled to sovereign immunity under international law, passing through the Monument without interruption must participate in the ship reporting system as provided in paragraphs (d) and (e) of this section: (1) Vessels of the United States, except as provided in paragraph (f) of this section; (2) All other ships 300 gross tonnage or greater, entering or departing a United States port or place; and (3) All other ships in the event of an emergency, entering or departing a United States port or place. (d) Immediately upon entering the reporting area, the vessels described in paragraph (c) of this section must provide the following information by e-mail sent to nwhi.notifications@noaa.gov in the IMO standard reporting format and data syntax shown in appendix E: (1) Vessel name, call sign or ship station identity, flag, and IMO identification number if applicable, and either Federal documentation or State registration number if applicable. (2) Date, time (UTC) and month of entry. (3) Position. (4) True course. (5) Speed in knots and tenths. (6) Destination and estimated time of arrival. (7) Intended route through the Monument and the reporting area. (8) Vessel draft (in meters). (9) Categories of hazardous cargoes on board. (10) Any vessel defects or deficiencies that restrict maneuverability or impair normal navigation. (11) Any pollution incident or goods lost overboard within the Monument, the reporting area, or the U.S. EEZ. (12) Contact information for the vessel's agent or owner. (13) Vessel size (length overall, gross tonnage) and type. (14) Tota… | |||||
| 50:50:11.0.3.9.5.0.1.5 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.5 Requirements for a vessel monitoring system. | FWS | (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 t… | ||||||
| 50:50:11.0.3.9.5.0.1.6 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.6 Prohibited activities. | FWS | The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted: (a) Exploring for, developing, or producing oil, gas, or minerals within the Monument; (b) Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a Monument resource; (c) Introducing or otherwise releasing an introduced species from within or into the Monument; and (d) Anchoring on or having a vessel anchored on any living or dead coral with an anchor, anchor chain, or anchor rope. | ||||||
| 50:50:11.0.3.9.5.0.1.7 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.7 Regulated activities. | FWS | Except as provided in §§ 404.8, 404.9 and 404.10, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the Monument without a valid permit as provided for in § 404.11: (a) Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging; or attempting to remove, move, take, harvest, possess, injure, disturb, or damage any living or nonliving Monument resource; (b) Drilling into, dredging, or otherwise altering the submerged lands other than by anchoring a vessel; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands; (c) Anchoring a vessel; (d) Deserting a vessel aground, at anchor, or adrift; (e) Discharging or depositing any material or other matter into Special Preservation Areas or the Midway Atoll Special Management Area except vessel engine cooling water, weather deck runoff, and vessel engine exhaust; (f) Discharging or depositing any material or other matter into the Monument, or discharging or depositing any material or other matter outside the Monument that subsequently enters the Monument and injures any resources of the Monument, except fish parts (i.e., chumming material or bait) used in and during authorized fishing operations, or discharges incidental to vessel use such as deck wash, approved marine sanitation device effluent, cooling water, and engine exhaust; (g) Touching coral, living or dead; (h) Possessing fishing gear except when stowed and not available for immediate use during passage without interruption through the Monument; (i) Swimming, snorkeling, or closed or open circuit SCUBA diving within any Special Preservation Area or the Midway Atoll Special Management Area; and (j) Attracting any living Monument resource. | ||||||
| 50:50:11.0.3.9.5.0.1.8 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.8 Emergencies and law enforcement activities. | FWS | The prohibitions in this part do not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for law enforcement purposes. | ||||||
| 50:50:11.0.3.9.5.0.1.9 | 50 | Wildlife and Fisheries | IV | A | 404 | PART 404—PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT | § 404.9 Armed Forces actions. | FWS | (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. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);