50 CFR § 404.9 - Armed Forces actions.

---
identifier: "/us/cfr/t50/s404.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 404.9 - Armed Forces actions."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "404.9"
section_name: "Armed Forces actions."
chapter_name: "JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS"
subchapter_number: "A"
subchapter_name: "SUBCHAPTER A"
part_number: "404"
part_name: "PAPAHĀNAUMOKUĀKEA MARINE NATIONAL MONUMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 431  16 U.S.C. 460k-3; 16 U.S.C. 1801  16 U.S.C. 742f, 16 U.S.C. 742, and 16 U.S.C. 668dd-ee; 16 U.S.C. 1361  16 U.S.C. 1531  Pub. L. No. 106-513, § 6(g) (2000)."
regulatory_source: "71 FR 51135, Aug. 29, 2006, unless otherwise noted."
cfr_part: "404"
---


# 404.9 Armed Forces actions.

(a) The prohibitions in this part do not apply to activities and exercises of the Armed Forces (including those carried out by the United States Coast Guard) that are consistent with applicable laws.

(b) These regulations shall not limit agency actions to respond to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution.

(c) All activities and exercises of the Armed Forces shall be carried out in a manner that avoids, to the extent practicable and consistent with operational requirements, adverse impacts on Monument resources and qualities.

(d) In the event of threatened or actual destruction of, loss of, or injury to a Monument resource or quality resulting from an incident, including but not limited to spills and groundings, caused by a component of the Department of Defense or the United States Coast Guard, the cognizant component shall promptly coordinate with the Secretaries for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore or replace the Monument resource or quality.