3. Additional Findings, Criteria, and Requirements for Special Ocean Use Permits
a. In addition to the findings listed above, the following requirements apply to the issuance of a permit for a special ocean use:
(I) ANY PERMIT FOR A SPECIAL OCEAN USE ISSUED UNDER THIS SECTION:
(A) SHALL AUTHORIZE THE CONDUCT OF AN ACTIVITY ONLY IF THAT ACTIVITY IS COMPATIBLE WITH THE PURPOSES FOR WHICH THE MONUMENT IS DESIGNATED AND WITH PROTECTION OF MONUMENT RESOURCES;
(B) SHALL NOT AUTHORIZE THE CONDUCT OF ANY ACTIVITY FOR A PERIOD OF MORE THAN 5 YEARS UNLESS RENEWED BY THE SECRETARIES;
(C) SHALL REQUIRE THAT ACTIVITIES CARRIED OUT UNDER THE PERMIT BE CONDUCTED IN A MANNER THAT DOES NOT DESTROY, CAUSE THE LOSS OF, OR INJURE MONUMENT RESOURCES; AND
(D) SHALL REQUIRE THE PERMITTEE TO PURCHASE AND MAINTAIN COMPREHENSIVE GENERAL LIABILITY INSURANCE, OR POST AN EQUIVALENT BOND, AGAINST CLAIMS ARISING OUT OF ACTIVITIES CONDUCTED UNDER THE PERMIT AND TO AGREE TO HOLD THE UNITED STATES HARMLESS AGAINST SUCH CLAIMS; AND
(II) EACH PERSON ISSUED A PERMIT FOR A SPECIAL OCEAN USE UNDER THIS SECTION SHALL SUBMIT AN ANNUAL REPORT TO THE SECRETARIES NOT LATER THAN DECEMBER 31 OF EACH YEAR THAT DESCRIBES ACTIVITIES CONDUCTED UNDER THAT PERMIT AND REVENUES DERIVED FROM SUCH ACTIVITIES DURING THE YEAR.
b. The Secretaries may not issue a permit for a special ocean use unless they determine that the proposed activity will be consistent with the findings listed above for the issuance of any permit.
c. Categories of special ocean use being permitted for the first time under this section will be restricted in duration and permitted as a special ocean use pilot project. Subsequent permits for any category of special ocean use may be issued only if a special ocean use pilot project for that category has been determined by the Secretaries to meet the criteria in this proclamation and any terms and conditions placed on the permit for the pilot project.
d. The Secretaries shall provide public notice prior to requiring a special ocean use permit for any category of activity not previously identified as a special ocean use.
e. The following requirements apply to permits for a special ocean use for an activity within the Midway Atoll Special Management Area.
