§ 922.243. Access.
755 words·~3 min read·
/us/cfr/t15/s§ 922.243·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Access to the Sanctuary is prohibited and thus unlawful except:
(1)When conducting emergency response actions, law enforcement activities, and activities and exercises of the Armed Forces in accordance with § 922.244(b) and (c);
(2)Pursuant to a permit issued under § 922.245;
(3)When conducting non-commercial fishing activities in the Outer Sanctuary Zone authorized under the Magnuson-Stevens Fishery Conservation and Management Act in accordance with § 922.244 (d);
(4)When conducting scientific exploration or research activities by or for the Secretary of Commerce or the Secretary of the Interior in the Outer Sanctuary Zone in accordance with § 922.244 (f).
(5)When conducting passage without interruption in accordance with paragraphs (b), (c), and
(d)of this section.
(b)A vessel may pass without interruption through the sanctuary without requiring a permit as long as the vessel does not stop or engage in the prohibited activities listed in § 922.244 within the sanctuary.
(c)For areas of the sanctuary that are contained within the reporting area surrounding the Particularly Sensitive Sea Area
(PSSA)designated by the International Maritime Organization (IMO), a ship reporting system (CORAL SHIPREP) specified below shall be in effect. The coordinates for the Reporting Area are listed in appendix E to this subpart.
(1)The following vessels, except vessels entitled to sovereign immunity under international law, passing through the reporting area of the sanctuary without interruption, must participate in the ship reporting system as specified in paragraphs (c)(2) through
(6)of this section:
(i)Vessels of the United States of any size;
(ii)All other ships 300 gross tonnage or greater that are entering or departing a United States port or place; and
(iii)All other ships of any size entering or departing a United States port or place and experiencing an emergency while transiting through the reporting area.
(2)All vessels passing through the reporting area of the sanctuary without interruption other than those described in paragraph (c)(1) of this section are encouraged to participate in the ship reporting system set forth in paragraphs (c)(2) through
(6)of this section.
(3)Immediately upon entering the reporting area, vessels described in paragraph (c)(1) of this section must provide the following information by email sent to nwhi.notifications\@noaa.gov in the IMO standard reporting format and data syntax shown in appendix F to this subpart:
(i)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;
(ii)Date, time
(UTC)and month of entry;
(iii)Position;
(iv)True course;
(v)Speed in knots and tenths;
(vi)Destination and estimated time of arrival;
(vii)Intended route through the reporting area;
(viii)Vessel draft (in meters);
(ix)Categories of hazardous cargoes on board;
(x)Any vessel defects or deficiencies that restrict maneuverability or impair normal navigation;
(xi)Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ;
(xii)Contact information for the vessel's agent or owner;
(xiii)Vessel size (length overall, gross tonnage) and type; and
(xiv)Total number of persons on board.
(4)Immediately upon leaving the reporting area, vessels described in paragraph (c)(1) of this section must provide the following information by email sent to nwhi.notifications\@noaa.gov in the IMO standard reporting format and data syntax shown in appendix F to this subpart:
(i)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;
(ii)Date, time (UTC), and month of exit;
(iii)Position; and
(iv)Any pollution incident or goods lost overboard within the PSSA, the reporting area, or the U.S. EEZ.
(5)For vessels that are not equipped with on-board email capability, advanced notice of entrance (as outlined in paragraph (c)(3) of this section) shall be provided at least 72 hours, but not more than one month, prior to entering the reporting area. Notification of departure (as outlined in paragraph (c)(4) of this section) must be provided within 12 hours of leaving the reporting area. Notification under this paragraph may be made by email, telephone, or fax, by contacting:
(i)Email: nwhi.notifications\@noaa.gov;
(ii)Telephone: 1-808-395-6944 or 1-866-478-6944; or
(iii)Fax: 1-808-455-3093.
(6)Further reports shall be made by the vessels described in paragraph (c)(1) of this section, and are encouraged for the vessels described in paragraph (c)(2) of this section, whenever there is a change in navigation status or circumstances, particularly in relation to the intended route, defects or deficiencies, pollution incidents, or goods lost overboard.
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§ 922.243
Access.
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