and management of the monument; (iv) will allow Native Hawaiian practices; (v) will allow a special ocean use; or (vi) will allow recreational activities.
Findings
1. The Secretaries may not issue any permit unless the Secretaries find:
a. The activity can be conducted with adequate safeguards for the resources and ecological integrity of the monument;
b. The activity will be conducted in a manner compatible with the management direction of this 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;
c. There is no practicable alternative to conducting the activity within the monument;
d. The end value of the activity outweighs its adverse impacts on monument resources, qualities, and ecological integrity;
e. The duration of the activity is no longer than necessary to achieve its stated purpose;
f. The applicant is qualified to conduct and complete the activity and mitigate any potential impacts resulting from its conduct;
g. The applicant has adequate financial resources available to conduct and complete the activity and mitigate any potential impacts resulting from its conduct;
h. The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity’s goals in relation to their impacts to monument resources, qualities, and ecological integrity;
i. The applicant’s vessel has been outfitted with a mobile transceiver unit approved by OLE and complies with the requirements of this proclamation; and
j. There are no other factors that would make the issuance of a permit for the activity inappropriate.
2. Additional Findings for Native Hawaiian Practice Permits. In addition to the findings listed above, the Secretaries shall not issue a permit to allow Native Hawaiian practices unless the Secretaries find:
a. The activity is non-commercial and will not involve the sale of any organism or material collected;
b. The purpose and intent of the activity are appropriate and deemed necessary by traditional standards in the Native Hawaiian culture (pono), and demonstrate an understanding of, and background in, the traditional practice, and its associated values and protocols;
c. The activity benefits the resources of the Northwestern Hawaiian Islands and the Native Hawaiian community;
d. The activity supports or advances the perpetuation of traditional knowledge and ancestral connections of Native Hawaiians to the Northwestern Hawaiian Islands; and
e. Any monument resource harvested from the monument will be consumed in the monument.
