---
kind: "section"
citation: "50 C.F.R. § 404.4"
title: "50"
number: "404.4"
heading: "Access to Monument."
url: "https://uscodex.org/cfr/50/404.4"
---

# §404.4. Access to Monument.

- (a) **Entering the Monument is prohibited and thus unlawful except—**
  - (1) As provided in §§ [404.8](/cfr/50/404.8.md) and [404.9](/cfr/50/404.9.md);
  - (2) Pursuant to a permit issued under [§ 404.10](/cfr/50/404.10.md) or [§ 404.11](/cfr/50/404.11.md); or
  - (3) When conducting passage without interruption in accordance with [paragraphs (b) through (f)](#b..f) of this section.
- (b) Any person passing through the Monument without interruption is subject to the prohibitions in §§ [404.5](/cfr/50/404.5.md), [404.6](/cfr/50/404.6.md), and [404.7](/cfr/50/404.7.md).
- (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)](#d) and [(e)](#e) of this section:
  - (1) Vessels of the United States, except as provided in [paragraph (f)](#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)](#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) **Total number of persons on board.**
- (e) Immediately upon leaving the reporting area, the vessels described in [paragraph (c)](#c) 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 exit.**
  - (3) **Position.**
  - (4) Any pollution incident or goods lost overboard within the Monument, the reporting area, or the U.S. EEZ.
- (f)
  - (1) Vessels of the United States less than 300 gross tonnage that are not equipped with onboard e-mail capability must provide notification of entry and the information described in paragraphs [(d)(1)](#d-1), [(2)](#d-2), [(3)](#d-3) as applicable, (6), (7), (8), (9) as applicable, (10), (12), (13), and (14) of this section at least 72 hours, but no longer than 1 month, prior to the entry date. Notification of departure from the Monument and the information described in [paragraph (e)](#e) of this section must be provided within 12 hours of leaving. Notification under this paragraph may be made by e-mail, telephone, or fax, by contacting: (i) E-mail: nwhi.notifications@noaa.gov;
    - (ii) **Telephone—** 1-866-478-NWHI (6944);
    - (iii) **Fax—** 1-808-455-3093.
  - (2) The information must be provided in the IMO standard reporting format and data syntax shown in appendix E.
- (g) All vessels passing through the Monument without interruption other than those described in [paragraphs (c)(1) through (3)](#c-1..c-3) of this section should participate in the ship reporting system set forth in paragraphs [(d)](#d) and [(e)](#e) of this section.

## Notes

### Amendments

[73 FR 73598, Dec. 3, 2008, as amended at 79 FR 44317, July 31, 2014]

### Authority

Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 460k-3; 16 U.S.C. 1801 et seq.; 16 U.S.C. 742f, 16 U.S.C. 742 l , and 16 U.S.C. 668dd-ee; 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq., Pub. L. No. 106-513, § 6(g) (2000).

### Source

Source: 71 FR 51135, Aug. 29, 2006, unless otherwise noted.

### Amendments

[73 FR 73598, Dec. 3, 2008, as amended at 79 FR 44317, July 31, 2014]