(a) Requirement for use. An owner or operator of a vessel that has been issued a general permit or special use permit under § 922.245 and subpart D of this part must ensure that such vessel is operating a NOAA OLE type-approved VMS on board when operating within the sanctuary. An operating VMS includes an operating mobile transmitting unit on the vessel and a functioning communication link between the unit and OLE as provided by an OLE-approved communication service provider. As a condition of authorized access to the sanctuary, a vessel owner or operator subject to the requirements for a VMS in this section must allow OLE, the U.S. Coast Guard, and their authorized officers and designees access to the vessel's position data obtained from the VMS. NOAA may have access to, and use of, collected data for scientific, statistical, and management purposes, and to monitor implementation of this subpart.

(b) Installing and activating the VMS. (1) OLE has approval authority over the type of VMS used and the installation and operation of the VMS unit.

(2) The owner or operator of a vessel must coordinate with OLE to install and activate an approved VMS prior to operating within the sanctuary. For the purposes of this section, the following contact information applies:

(i) OLE. Address: 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone: 808-725-6100; facsimile: 808-725-6199; email: [email protected]; business hours: Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Hawaii Standard Time.

(ii) VMS Helpdesk. Telephone: 888-219-9228; email: [email protected]; business hours: Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time.

(c) Interruption of operation of the VMS. When a vessel's VMS is not operating properly within the sanctuary, the owner or operator must immediately contact OLE, and follow instructions from that office. If notified by OLE that a vessel's VMS is not operating properly, the owner and operator must follow instructions from that office. In either event, such instructions may include, but are not limited to, manually communicating a vessel's location as directed by OLE; or exiting the sanctuary until the VMS is operable.

(d) Activities Regarding VMS For Vessels Operating in the Sanctuary. The following activities regarding vessel monitoring systems are prohibited and thus unlawful for any person to conduct or cause to be conducted:

(1) Operating any vessel within the sanctuary without an OLE type-approved VMS;

(2) Failing to install, activate, repair, or replace a VMS prior to entering the sanctuary;

(3) Failing to operate and maintain a VMS on board the vessel;

(4) Tampering with, damaging, destroying, altering, or in any way distorting, rendering useless, inoperative, ineffective, or inaccurate the VMS, or VMS signal, or attempting any of the same;

(5) Failing to contact OLE or follow OLE instructions when automatic position reporting has been interrupted;

(6) Registering a VMS to more than one vessel permitted to operate within the sanctuary at the same time;

(7) Connecting or leaving connected additional equipment to a VMS unit without the prior approval of OLE; and

(8) Making a false statement, oral or written, to an authorized officer regarding the installation, use, operation, or maintenance of a VMS unit-or communication service provider.