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 proclamation.
General Requirements
The Secretaries shall ensure that any commercial fishing within the monument is conducted in accordance with the following restrictions and conditions:
1. A valid permit or facsimile of a valid permit is on board the fishing vessel 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 12 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 Special Preservation Area, or the Midway Atoll Special Management Area.
Permitting Procedures and Criteria
Subject to such terms and conditions as the Secretaries deem appropriate, a person may conduct an activity regulated by this proclamation if such activity is specifically authorized by a permit. The Secretaries, in their discretion, may issue a permit under this proclamation if the Secretaries find that the activity: (i) is research designed to further understanding of monument resources and qualities; (ii) will further the educational value of the monument; (iii) will assist in the conservation
