Proposed Expansion, Regulatory Revision and New Management Plan for the Hawaiian Islands Humpback Whale National Marine Sanctuary

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 140207122-4122-01]

RIN 0648-BD97

Proposed Expansion, Regulatory Revision and New Management Plan for the Hawaiian Islands Humpback Whale National Marine Sanctuary

AGENCY:

Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION:

Proposed rule.

SUMMARY:

The National Oceanic and Atmospheric Administration (NOAA) is proposing to expand the boundaries and scope of Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary), amend the regulations for HIHWNMS, change the name of the sanctuary, and revise the sanctuary's terms of designation and management plan. The purpose of this action is to transition the sanctuary from a single-species management approach to an ecosystem-based management approach. A draft environmental impact statement and draft revised management plan have been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule, draft environmental impact statement, and draft revised management plan.

DATES:

Comments on this proposed rule will be considered if received by June 19, 2015.

ADDRESSES:

You may submit comments on this document, identified by NOAA-NOS-2015-0028, by any of the following methods:

•

Electronic Submission:

Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to

www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0028,

click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

•

Mail:

Hawaiian Islands Humpback Whale National Marine Sanctuary, NOAA/DKIRC, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818, Attn: Malia Chow, Superintendent.

Instructions:

Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on

www.regulations.gov

without change. All personal identifying information (

e.g.,

name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT:

Malia Chow, Superintendent, Hawaiian Islands Humpback Whale National Marine Sanctuary at 808-725-5901 or

hihwmanagementplan@noaa.gov.

Copies of the draft environmental impact statement and proposed rule can be downloaded or viewed on the Internet at

www.regulations.gov

(search for docket # NOAA-NOS-2015-0028) or at

http://hawaiihumpbackwhale.noaa.gov.

Copies can also be obtained by contacting the person identified under

For Further Information Contact.

SUPPLEMENTARY INFORMATION:

Public hearings will be held in the following locations at the locales and times indicated:

(1) Hale`iwa, HI (O`ahu)

Date:

April 27, 2015.

Location:

Sunset Beach Recreation Center.

Address:

59-540 Kamehameha Highway, Hal`eiwa, HI 96712.

Time:

5:30 p.m.-8:30 p.m.

(2) Honolulu, HI (O`ahu)

Date:

April 28, 2015.

Location:

Honolulu Waldorf School.

Address:

350 Ulua Street, Honolulu, HI 96821.

Time:

5:30 p.m.-8:30 p.m.

(3) Kihei, HI (Maui)

Date:

April 29, 2015.

Location:

Kihei Youth Center.

Address:

131 S. Kihei Road, Kihei, HI 96753.

Time:

5:30 p.m.-8:00 p.m.

(4) Lahaina, HI (Maui)

Date:

April 30, 2015.

Location:

Kaunoa Senior Center.

Address:

788 Pauoa St., Lahaina, HI 96761.

Time:

5:00 p.m.-7:30 p.m.

(5) Kaunakakai, HI (Moloka`i)

Date:

May 1, 2015.

Location:

Lanikeha Community Center.

Address:

2200 Farrington Ave., Kaunakakai, HI 96748.

Time:

4:00 p.m.-6:30 p.m.

(6) Lāna`i City, HI (Lāna`i)

Date:

May 2, 2015.

Location:

Lāna`i High and Elementary School.

Address:

555 Fraser Avenue, Lāna`i City, HI 96763.

Time:

9:30 a.m.-12:00 p.m.

(7) Kilauea City, HI (Kaua`i)

Date:

May 4, 2015.

Location:

Kilauea Elementary School Cafeteria.

Address:

2440 Kolo Road, Kilauea, HI 96754.

Time:

5:30 p.m.-8:30 p.m.

(8) Ni‘ihau, HI *

Date:

May 5, 2015.

Location:

Ni‘ihau School Cafeteria.

Address:

Puuwai Village, Ni‘ihau, HI 96769.

Time:

10:00 a.m.-1:00 p.m.

* Please note that due to limited access to the island this is not a public meeting. This meeting is for people residing on and landowners of Ni‘ihau Island.

(9) Lihu‘e, HI (Kaua`i)

Date:

May 6, 2015.

Location:

King Kaumuali‘i Elementary School Cafeteria.

Address:

4380 Hanama‘ulu Road, Lihu'e, HI 96766.

Time:

5:30 p.m.-8:30 p.m.

(10) Kailua-Kona, HI (Hawai`i)

Date:

May 7, 2015.

Location:

Kealakehe High School Cafeteria.

Address:

74-5000 Puohulihuli Street, Kailua-Kona, HI 96740.

Time:

5:30 p.m.-8:00 p.m.

I. Introduction

1. Hawaiian Islands Humpback Whale National Marine Sanctuary

The Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary) covers approximately 1,031.4 square nautical miles (1,366 square miles) of federal and state waters in the Hawaiian Islands. The sanctuary lies within the shallow warm waters surrounding the main Hawaiian Islands which are a nationally significant marine environment. The area is a diverse and unique ecosystem with marine resources including coral reefs, highly endangered Hawaiian monk seals, three species of sea turtles, marine species endemic to this area such as monk seals, corals, and seagrasses, and 25 species of cetaceans including humpback whales. This area constitutes one of the world's most important humpback whale habitats. The warm, calm waters in this area are used by humpback whales for breeding, calving, and nursing. The waters in this area also contain a number of cultural

and historical resources including those reflecting native Hawaiian traditions and uses. The area supports fishing activities, and is also a destination for visitors worldwide who come for whale watching, diving, and other ocean-related activities in the sanctuary waters. Congress designated the sanctuary in 1992 through the Hawaiian Islands National Marine Sanctuary Act (HINMSA, Subtitle C of the Oceans Act of 1992, Pub. L. 102-587), which declared that the purposes of the sanctuary were to (1) protect humpback whales and their habitat; (2) educate and interpret for the public the relationship of humpback whales to the Hawaiian Islands marine environment; (3) manage human uses of the sanctuary consistent with the Act and the National Marine Sanctuaries Act (NMSA); and (4) provide for the identification of marine resources and ecosystems of national significance for possible inclusion in the sanctuary.

The sanctuary is co-managed by NOAA and the State of Hawai`i (State) through a compact agreement that was signed in 1998 which clarifies the relative jurisdiction, authority, and conditions of the NOAA-State partnership for managing the sanctuary. The Hawaii Department of Land and Natural Resources (DLNR) serves as the lead agency for the State's co-management of the sanctuary.

2. Need for Action

When Congress designated the HIHWNMS in 1992, it mandated NOAA to provide for the identification of marine resources and ecosystems of national significance for possible inclusion in the sanctuary. The current management plan review process seeks to carry out this mandate. Started in 2010, the sanctuary management plan review provided an opportunity to: Consider the value of marine ecosystems, assess existing threats and protections to these valuable resources; and determine where NOAA can provide added value to the resource management efforts provided by the state and other federal agencies.

NOAA believes that an ecosystem-based, rather than single-species based, management approach for HIHWNMS would provide sanctuary management with the platform to begin to evaluate and potentially address the full suite of resource management issues currently faced by marine resources in the main Hawaiian Islands. By focusing on the biological, physical, and human components of a healthy marine environment, an ecosystem-based management approach in the sanctuary would be more comprehensive and inclusive of all aspects of the marine ecosystem than the current single species approach. Humpback whales and their habitat are an essential component of the marine ecosystem in Hawai`i and the sanctuary would continue to support current humpback whale management programs, but would also engage in research, resource protection, education, community engagement, and education for other areas and issues of the sanctuary environment.

This management approach is also consistent with Native Hawaiians' management practices, which have traditionally used a holistic approach to conserve both land and marine resources. Native Hawaiians also view natural and cultural resources as being interrelated and, that all biological resources are culturally significant. NOAA recognizes the importance of including Native Hawaiian knowledge and practices in the management framework of the sanctuary and intends to incorporate the sustainable use of natural and cultural resources into its management planning. In addition, the sanctuary management plan and regulations will strive to accommodate traditional uses and achieve sustainable cultural practices.

3. History of the Management Plan Review Process

History

During the 2002 management plan review (MPR), NOAA received comments from the general public requesting that HIHWNMS, consistent with section 2304(b) of the HINMSA, consider the conservation and management of marine resources in addition to humpback whales and their habitat. In response, NOAA included a goal in the HIHWNMS 2002 management plan to “identify and evaluate resources and ecosystems for possible inclusion in the sanctuary”. NOAA followed up by conducting an assessment of living marine resources and maritime heritage resources within the sanctuary, including human population trends, past and current threats, existing management authorities, and conservation needs. The assessment report was shared with then Governor Linda Lingle in 2007 who publicly expressed her support for NOAA to consider protecting additional marine species within the sanctuary.

Between April 2009 and July 2010, NOAA conducted a series of meetings and workshops to solicit public input on the inclusion of additional marine resources into sanctuary management and raise awareness about the management plan review process. These events were conducted formally and informally across the State of Hawai`i on all the main islands.

Public Scoping Process

NOAA formally initiated the public scoping process on July 14, 2010, by publishing a notice of intent in the

Federal Register

(75 FR 40759) and informing the public that NOAA was initiating a review of its management plan and regulations and preparing an environmental impact statement (EIS). In August 2010, NOAA held ten public scoping meetings in communities across Hawai`i. In total, 12,375 public comments, including two petitions with a total of 12,019 signatures, were received over the 90-day public comment period (July to October 2010).

Many people commended HIHWNMS for their active role in promoting the conservation of humpback whales and their habitat, but suggested that NOAA consider expanding the scope of sanctuary management to conserve additional marine species and habitats. Other comments identified the need to address anthropogenic threats to the marine environment including pollution, offshore development, and climate change. The public also identified opportunities and recommendations for HIHWNMS to:

• Improve and expand upon enforcement, management effectiveness, and marine animal assessment and response;

• better integrate Native Hawaiian cultural resources and maritime heritage resources into sanctuary management and planning;

• emphasize ocean literacy programs; and

• update research programs, regulations, and sanctuary boundaries.

Comments were submitted by agencies, organizations, elected officials and community members from throughout Hawai`i, the U.S. mainland and elsewhere. NOAA documented all comments received during the public comment period as part of the administrative record; the comments are available online at

www.regulations.gov.

In response to many of these comments, this proposed rule proposes several changes to the HIHWNMS regulations and boundaries as described below in the “Summary of the Regulatory Amendments.” The environmental effects of these proposed changes are analyzed in a DEIS published concurrently with this proposed rule. NOAA has also developed an associated draft management plan describing sanctuary management activities in research,

resource protection and education. NOAA is seeking public comment on the proposed rule, DEIS, and draft management plan, which are available at

http://hawaiihumpbackwhale.noaa.gov/management/management_plan_review.html

or may be obtained by contacting the individual listed under the heading

FOR FURTHER INFORMATION CONTACT

.

II. Summary of the Regulatory Amendments

1. Change Focus of Management From Single Species to Ecosystem

NOAA is proposing to amend § 922.180(a)-(b) to reflect the inclusion of other marine resources in the resource protection mission of the proposed ecosystem-based sanctuary. Similarly, NOAA is proposing to remove the current species-based definition of “sanctuary resource” and “habitat” in § 922.182, which currently only includes humpback whales and their habitat in the definition of sanctuary resource. The definition that would then apply to the sanctuary would be the existing definition presented in the regulations for all national marine sanctuaries at § 922.3.

This national definition for sanctuary resource is: “any living or non-living resource of a National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources (15 CFR 922.3).” In a separate rulemaking NOAA has proposed to update this national definition to add cultural resources to the definition of sanctuary resources (78 FR 5998). Upon completion of that separate national rulemaking the updated definition of sanctuary resources would then apply to all national marine sanctuaries.

2. Add New Areas to the Sanctuary Boundary

NOAA is proposing to expand the current boundaries to include five additional areas in the sanctuary, adding 192.6 total square nautical miles (255 square miles) to the sanctuary bringing the total area to 1,224 square nautical miles (1,621 square miles). Under this action, NOAA is proposing to: (1) Extend the sanctuary boundary on the north shore of O`ahu west to include waters adjacent to the Ali`i Beach Park; (2) extend the sanctuary boundaries on the north shore of Kaua`i east to include waters adjacent to the Pīla`a ahupua`a; (3) extend the sanctuary boundaries on the north shore of Kaua`i west to include waters adjacent to the Hā`ena ahupua`a; (4) include the waters around the island of Ni`ihau, southwest of Kaua`i; and (5) modify the southern boundary of Penguin Bank and Maui Nui to simplify the convolutions of the current boundary where the approximation of the 100-fathom (182.8 meter) isobaths is too intricate for enforcement and to include additional important habitat. Ahupua`a are a system of traditional Hawaiian land division extending from the upland to the sea or watershed boundary. NOAA is also proposing a technical correction to the seaward boundary of the full sanctuary to include latitude/longitude coordinates approximating the 100-fathom (182.8 meter) isobaths and where needed the three nautical mile line to define the boundary, which would result in minor modification to the overall area estimate of the sanctuary.

The proposed boundary changes were selected through a public process to identify and assess marine areas that could more effectively complement current management authorities or enhance natural and cultural resource value. Collectively, these new areas capture a greater diversity of habitats and biological resources than currently protected by HIHWNMS. Inclusion of these areas within the sanctuary system would provide additional regulatory protection, resources for management, and improved public awareness of their natural and cultural resource value. The technical correction addresses the current seaward boundary of the sanctuary which is defined as following the historic 100-fathom (182.8 meter) isobaths. NOAA proposes to modernize the boundary by employing a textual description coupled with a table of latitude/longitude coordinates that approximates the 100-fathom (182.9 meter) isobath. The correction is being made to clarify the boundary for paper and electronic nautical charts, to provide a more accurately defined boundary for use by ships using GPS technology, and to improve enforceability. The technical change is not intended to add any additional area to the sanctuary and is distinct from the five new areas being proposed for addition to the sanctuary. The harbors currently excluded from the sanctuary boundaries continue to be excluded. Those harbors are Kawaihae Boat Harbor & Small Boat Basin on Hawai`i; Kaumalapau Harbor and Manele Harbor on Lāna`i; Lahaina Boat Harbor and Mā`alaea Boat Harbor on Maui; Hale o Lono Harbor and Kaunakakai Harbor on Moloka`i; and Kuapa Pond (Hawai`I Kai) and Hale`iwa Harbor on O`ahu. The proposed boundary changes for the five new areas are described in more detail below.

a. Ni`ihau and Lehua

NOAA is proposing to incorporate the waters around the island of Ni`ihau into the sanctuary, including the waters surrounding Lehua Island. The boundary for this area would extend around the islands seaward from the shoreline three nautical miles. The total area of the proposed boundary expansion would be 163.9 square nautical miles (217 square miles). Ni`ihau is the seventh largest island in the Hawaiian Archipelago and is the westernmost island of the populated Hawaiian Islands. The island has an area of approximately 69.5 square miles (180 square km) and is located approximately 18 miles (29 km) west of the island of Kaua`i across the Kaulakahi Channel. Uninhabited Lehua Islet lies 0.7 miles (1.1 km) directly north of Ni`ihau.

Ni`ihau is the closest of the populated Hawaiian Islands to the Northwestern Hawaiian Islands and is at the interface between the two bioregions, serving as a functional transition zone in the archipelago. The specific biophysical and cultural connectivity dynamics at this interface are of special interest. The coral at Ni`ihau and Lehua have significantly lower prevalence of coral disease than elsewhere in the populated Hawaiian Islands. The waters around Ni‘ihau and Lehua also have a higher level of fish biomass and a higher number of endemic species than the other populated Hawaiian Islands.

Ni`ihau is also an important habitat for dolphins, monk seals and humpback whales. The endangered Hawaiian monk seals have a significant presence in Ni`ihau and Lehua. Lehua Islet is an important monk seal feeding and resting site. Aerial surveys conducted in 2000, 2001, and 2008 documented approximately three times more monk seals on the coastal areas of Ni`ihau and Lehua than on other islands in the populated Hawaiian Islands. Island-wide surveys of Ni`ihau have observed between 17 and 69 monk seals at a particular time, higher than any other reported sightings on the populated Hawaiian Islands. Recent research

indicates that the population of monk seals at Ni`ihau may be distinct and do not travel to the Northwestern Hawaiian Islands. Humpback whales have been observed in high numbers near the coast of Ni`ihau, and dolphins and false killer whales populate the waters.

b. Kaua`i

The current sanctuary boundary on the north shore of Kaua`i extends along the shoreline from Kailiu Point eastward to Mokolea Point and seaward to approximately the 100-fathom (182.8 m) isobath. NOAA is proposing to extend the sanctuary boundary in two areas to more closely include the waters of the adjacent ahupua‘a.

(i) Hā`ena Ahupua`a

On the north shore of the island of Kaua`i, west of the town of Hanalei, NOAA is proposing to extend the western boundary of the sanctuary to Ke`e Beach and include the waters of the Hā`ena ahupua`a seaward to approximately the 100-fathom (182.8 meter) isobath. The boundary extension would also include the Hā`ena community-based subsistence fishing area (CBSFA) which is currently managed by the State of Hawai`i. The total area of the proposed boundary expansion would be approximately 6 square nautical miles (8 square miles).

(ii) Pīla`a Ahupua`a

NOAA is also proposing to extend the eastern-boundary of the sanctuary on the north shore of Kaua`i to include the waters from Mokolea Point to Kepuhi Point including those of the Pīla`a ahupua`a seaward to approximately the 100-fathom (182.8 meter) isobath. The total area of the proposed boundary expansion would be approximately 3.8 square nautical miles (5 square miles). The proposed sanctuary area would be used to pilot traditional Hawaiian marine resource management approaches along with science-informed management to restore the degraded coral reef ecosystem.

c. O`ahu

The current sanctuary boundary on the north shore of O`ahu extends from Pua`ena Point eastward to Māhie Point and seaward to approximately the 100-fathom (182.8 meter) isobath. With this action, NOAA is proposing to extend the western boundary of the sanctuary from Pua`ena Point to approximately Ali`i Beach Park and seaward to approximately the 100-fathom (182.8 meter) isobath to include the North Shore Surfing Reserve. The designation of the Surfing Reserve in 2010 was part of a state-led effort to acknowledge the cultural and historic significance of important surf sites in Hawai`i. The proposed sanctuary boundary extension would exclude Hale`iwa Harbor. The total area of the proposed boundary expansion would be approximately 3 square nautical miles (4 square miles).

d. Penguin Bank and Maui Nui

The current sanctuary boundary in the area around Penguin Bank off the southwest shore of Moloka`i and in Maui Nui between the islands of Lāna`i and Kaho`olawe closely approximates the 100-fathom (182.8 meter) isobath. The current boundary in these areas meanders significantly due to the complexity of the seafloor bathymetry, currently making enforcement of sanctuary regulations difficult. As part of a sanctuary-wide effort to modernize the sanctuary boundary by employing a textual description coupled with a table of latitude/longitude coordinates that approximates the 100-fathom (182.8 meter) isobath, NOAA proposes to improve the boundary in these areas by simplifying the convolutions of the current boundary, thus eliminating any potential confusion regarding the location of the boundary due to the complexity of the bathymetry. The new, less intricate boundary will make enforcement less difficult and for Penguin Bank the area is also defined to be inclusive of precious corals, mesophotic corals and monk seal foraging areas. The net result is an addition of approximately 15.9 square nautical miles (21 square miles) to the sanctuary in federal waters.

3. Change the Name of the Sanctuary

In recognition of the proposed change to an ecosystem-based approach to management, NOAA is proposing that the sanctuary be renamed “Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu”. The phrase “Nā Kai `Ewalu” means “the eight seas” in Native Hawaiian and refers to the ocean channels between the populated Hawaiian Islands and a Native Hawaiian poetic reference to the Hawaiian Islands themselves. It illustrates the interconnectedness between the ocean, the people of Hawai`i and their communities. Since the current name no longer fits NOAA is proposing a change that communicates both the management approach and a sense of community throughout Hawai'i, recognizing humans as part of the ecosystem.

4. Approaching a Humpback Whale

The current sanctuary regulation prohibits approaching, or causing a vessel or other object to approach, within the sanctuary, by any means, within 100 yards of any humpback whale except as authorized under the MMPA and the ESA. NOAA is proposing to add interception (

e.g.

placing a vessel in the path of an oncoming humpback whale so that the whale changes its behavior), as well as disrupting the normal behavior or prior activity of a whale by any other act or omission, to this existing prohibition.

These proposed changes to the existing humpback whale approach regulation would help to minimize incidences of humpback whale harassment or injury within the sanctuary, reduce adverse behavioral responses, and limit vessel strikes within the sanctuary. NOAA is proposing to apply these changes to the exiting regulation to the entire sanctuary including the proposed new areas of the sanctuary.

5. Operating an Aircraft Within 1,000 Feet of Humpback Whales

NOAA is proposing to apply the current overflight prohibition on operating an aircraft within 1,000 feet of humpback whales, to the new proposed areas for the sanctuary.

6. Taking or Possessing Humpback Whales

NOAA is proposing to combine the existing prohibitions on take and possession of humpback whales within the sanctuary into one regulation to be consistent with humpback whale take and approach regulations under the Marine Mammal Protection Act (MMPA) and the State of Hawai`i Administrative Rules 13-124 and apply the new proposed regulation to the entire sanctuary including the proposed new areas of the sanctuary.

7. Interfering With Investigation

NOAA proposing to apply the current prohibition on interfering with enforcement to the new proposed areas in the sanctuary.

8. Marking or Defacing Any Signs

NOAA is proposing to prohibit damaging, removing or displacing any signs, notices, placards, stakes, posts, or other boundary markers related to the sanctuary. NOAA is proposing to apply this to the entire sanctuary including the proposed new areas of the sanctuary.

9. Removing or Damaging Historical and Cultural Resources

NOAA is proposing to prohibit removing, damaging, or tampering with any historical or cultural resources within the sanctuary. Cultural heritage

resources found within the sanctuary include traditional Hawaiian fishpond systems, heritage sites related to traditional Hawaiian surfing, and heritage sites related to traditional voyaging and its cultural traditions. It also includes submerged heritage sites related to Native Hawaiian traditions and practices. Maritime heritage resources include shipwreck sites, historic aircraft sites, the remains of landings and dock facilities, and other types of materials.

This proposed prohibition would provide additional protection for maritime heritage resources within the sanctuary and complement existing state and Federal statutes, such as the National Historical Preservation Act and Sunken Military Craft Act. NOAA is proposing to apply these changes to the entire sanctuary including the proposed new areas of the sanctuary.

10. Special Sanctuary Management Areas (SSMAs)

NOAA is proposing to create three Special Sanctuary Management Areas. NOAA is proposing a number of regulations specific to the Special Sanctuary Management Areas at Penguin Bank and the Maui Nui area (both in federal waters outside of 3 nautical miles) and Maunalua Bay (state waters within 3 nautical miles). For a map of these three areas, see the HIHWNMS Web page (

http://hawaiihumpbackwhale.noaa.gov/

). For more information on permit options for the prohibitions described here, see section 12 on Permits and Authorizations. The following regulations would only apply in these three areas:

10a. Taking or Possessing Any Marine Mammal, Sea Turtle, Seabird, ESA Listed Species or HI Listed Species in the SSMAs

As a complement to existing protections, NOAA is proposing to prohibit taking or possessing any marine mammal, sea turtle, seabird, ESA-listed species or Hawai`i Revised Statutes chapter 195D listed species, within or above sanctuary waters in the three SSMAs, with an exception for species authorized by the Marine Mammal Protection Act, the Endangered Species Act, the Migratory Bird Treaty Act (MBTA), the Magnuson Stevens Fishery Conservation and Management Act, or Hawai`i State Law.

10b. Discharging Material Into the SSMAs

NOAA is proposing to modify the current prohibition on discharging or altering any submerged lands by separating the regulation into two parts, and refining the language for clarity and enforceability. Due to the proposed expanded scope of the sanctuary, NOAA understands that the scope of the application of the prohibition has also expanded. Therefore NOAA is seeking to assess value of the regulation in the SSMAs only instead of applying them sanctuary-wide at this time. With respect to the prohibition on discharging, NOAA is proposing to prohibit discharging or depositing any material or matter into the three SSMAs, except:

• Fish, fish parts, chumming materials or bait used in or resulting from fishing in the sanctuary;

• treated biodegradable effluents incidental to vessel use;

• water generated by routine vessel operations, such as engine exhaust, deck wash down; engine cooling water, clean bilge water or anchor wash; and

• biodegradable materials for traditional ceremonies associated with culturally important customs and usage (

e.g.

the discharge of leis, paper lanterns).

This prohibition, and its associated exceptions, would also apply to discharge adjacent to these areas, should that discharge subsequently enter and injure a sanctuary resource within the SSMAs. This prohibition will likely enhance water quality in the Penguin Bank and Maui Nui SSMAs, and reduce impacts from pollutants and debris to the biological and physical environment in the Maunalua Bay SSMA. NOAA could use the authorization authority proposed in this rulemaking to evaluate whether to authorize activities that receive a permit from the U.S. Army Corps of Engineers or the State of Hawai'i and include additional conditions for those activities to protect sanctuary resources from activities.

10c. Dredging, Drilling Into or Otherwise Altering the Submerged Lands of the SSMAs

NOAA is proposing to modify the current prohibition on discharging or altering any submerged lands by separating the regulation into two parts, and refining the language for clarity and enforceability. Due to the proposed expanded scope of the sanctuary, NOAA understands that the scope of the application of the prohibition has also expanded. Therefore, NOAA is seeking to assess the value of the regulation in the SSMAs only, instead of applying them sanctuary-wide at this time. With respect to the prohibition on altering any submerged lands, NOAA is proposing to refine the current regulations to prohibit dredging, drilling into, or otherwise altering in any way submerged lands in the three SSMAs, except:

• Anchoring a vessel on sandy bottom or substrate;

• routine maintenance of docks, seawalls, breakwaters, piers authorized by federal, state or local authorities with jurisdiction;

• the installation and maintenance of navigational aids authorized by federal, state or local authorities with jurisdiction; and

• aquaculture or fishing activities authorized under a permit issued by the State of Hawai`i Department of Land and Natural Resources, State of Hawai`i Department of Health, the U.S. Army Corps of Engineers, or NOAA's National Marine Fisheries Service.

Submerged lands include bottom formations, live rock and coral. There are currently no regulations for any non-precious stony corals, including mesophotic corals, in federal waters of Penguin Bank and the Maui Nui area. The proposed regulation supports and enhances efforts to protect previous corals in the Maui Nui area that have been designated Essential Fish Habitat (EFH) under the Magnuson-Stevens Act. Similarly, the proposed regulation would reduce direct physical and biological damage to coral and other marine habitats in Maunalua Bay.

Under the proposed regulations, NOAA would have the authority to authorize federal, state, or local permits for construction and dredging activities that would otherwise violate the proposed regulations in Maunalua Bay. Under the proposed regulation, any permittee with a pre-existing (at the time of final rule) federal, state, or local permit would need to notify NOAA of the permitted activity. Then the permittee would need to come into compliance with the sanctuary regulations by getting an authorization from NOAA within 1 year of the effective date of the final regulations. See Section 11 below for more information on authorization authority.

10d. Possessing or Using Explosives in the SSMAs

NOAA is proposing to prohibit possessing or using explosives within the SSMAs, with exceptions for explosives used for valid law enforcement purposes.

This proposed prohibition is consistent with the current State of Hawai`i regulations. Currently, the state prohibits the possession and use of explosives in or around fishing areas in state waters within three nautical miles (HAR § 13-75, HRS § 188-23).

10e. Introducing or Releasing Introduced Species in or Into the SSMAs

NOAA is proposing to prohibit introducing or otherwise releasing an introduced species into the SSMAs, with an exception for species cultivated by aquaculture activities in state waters pursuant to a valid lease, permit, license or other authorization issued by DLNR or NMFS on the effective date of this final regulation. Introduced species can pose a major economic and environmental threat to the living resources and habitats of a sanctuary as well as the commercial and recreational uses that depend on these resources. NOAA understands that not all introduced species will become invasive species; however, national marine sanctuaries are mandated by law to preserve the natural character of national marine sanctuary ecosystems and any proposed alteration of the natural biological community (

e.g.

introduction of a foreign species) is contrary to the purpose of sanctuary designation.

11. Permits and Authorizations

11a. General Permits

NOAA is proposing to add to HIHWNMS regulations the authority to consider permits for the following four activities otherwise prohibited:

• Discharges of material or matter in the Special Sanctuary Management Areas (SSMAs);

• discharges of material or matter outside SSMAs that may enter and injure;

• disturbance of submerged lands of the SSMAs; and

• damaging cultural and maritime resources.

As proposed, NOAA's permitting authority would apply sanctuary-wide only to activities prohibited by the proposed damaging cultural and maritime resources regulation. NOAA would only consider permits for activities prohibited by the proposed regulations for discharge and disturbance of the submerged lands in the SSMAs (and are therefore limited to the SSMAs).

Similar to other national marine sanctuaries, NOAA is proposing to consider these permits only for the purposes of sanctuary education, research, and management (see the Summary of Regulations below for a specific description of these categories). NOAA is also proposing to add a fourth permit category for actions involving “installation of submarine cables.” This permit category would only apply to submarine cable activities otherwise prohibited in the SSMAs (and, therefore, apply only to the SSMAs).

To address the above additions to the ONMS general permit authority for HIHWNMS, NOAA would amend regulatory text in the program-wide regulations in sections 922.48 and 922.50 to add references to Subpart Q, as appropriate. NOAA would also add a new section 922.188 in Subpart Q titled “Permit procedures and review criteria.” Further, NOAA would add a subparagraph to 922.184 that would specify which general permit categories apply to which prohibited activities.

11b. Authorizations

NOAA also proposes to provide HIHWNMS with the authority to consider allowing an otherwise prohibited activity if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization. Authorization authority is intended to streamline regulatory requirements by reducing the need for multiple permits and would apply to all proposed prohibitions at 922.49 Subpart Q. As such, NOAA proposes to amend the regulatory text at 922.49 to add reference to Subpart Q and at 922.184 (HIHWNMS regulations).

11c. Special Use Permits

NOAA proposes to allow the ONMS Director to issue special use permits (SUPs) at HIHWNMS as established by Section 310 of the NMSA. Although SUP authority is established statutorily, NOAA has not exercised this authority at HIHWNMS. In the proposed regulatory changes, NOAA intends to make it clear that the ONMS Director may issue SUPs at HIHWNMS.

SUPs can be used to authorize the conduct of specific activities in a sanctuary if such authorization is necessary (1) to establish conditions of access to and use of any sanctuary resource; or (2) to promote public use and understanding of a sanctuary resource. The activities that qualify for a SUP are set forth in the

Federal Register

(78 FR 25957; May 3, 2013). Categories of SUPs may be changed or added to through public notice and comment. The list of categories subject to the requirements of special use permits is:

1. The placement and recovery of objects associated with public or private events on non-living substrate of the submerged lands of any national marine sanctuary.

2. The placement and recovery of objects related to commercial filming.

3. The continued presence of commercial submarine cables on or within the submerged lands of any national marine sanctuary.

4. The disposal of cremated human remains within or into any national marine sanctuary.

5. Recreational diving near the USS Monitor.

6. Fireworks displays.

7. The operation of aircraft below the minimum altitude in restricted zones of national marine sanctuaries.

The NMSA places certain requirements on any issuance of a SUP by the ONMS Director. Specifically, it states that the Director:

Shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources;

Shall not authorize the conduct of any activity for a period of more than 5 years unless renewed by the Secretary;

Shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure Sanctuary resources; and

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.

The NMSA allows the assessment and collection of fees for the conduct of any activity under a SUP. The fees collected could be used to recover the administrative costs of issuing the permit, the cost of implementing the permit, and the fair market value of the use of sanctuary resources.

III. Summary of Proposed Changes to the Sanctuary Terms of Designation

Section 304(a)(4) of the National Marine Sanctuaries Act (NMSA) requires that the terms of designation include the geographic area included within the sanctuary; the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or aesthetic value; and the types of activities that will be subject to regulation by the Secretary of Commerce to protect these characteristics.

Pursuant to the NMSA and the HINMSA, the terms of designation of the sanctuary shall be modified pursuant to Sections 303 and 304 of the NMSA and Sections 2305 and 2306 of the HINMSA.

With this proposed rule, NOAA is proposing changes to the HIHWNMS terms of designation, which were previously published in the

Federal

Register

on March 28, 1997 (62 FR 14799). The changes would:

1. Modify the introduction to change the name of the sanctuary to the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu, and re-characterize the purpose of the sanctuary as ecosystem-based (rather than single species).

2. Modify Article I. Effect of Designation to change the name of the sanctuary to the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu.

3. Modify Article II. Description of the Area to update the boundary description with the new areas NOAA proposes adding to the sanctuary and remove the outdated text pertaining to Kahoolawe Island.

4. Modify Article III. Characteristics of the Area to update information on the abundance of humpback whales found near the Hawaiian Islands.

5. Modify Article IV. Scope of Regulations to update the activities regulated to include the activities covered by the proposed regulations.

6. Modify Article V to update the reference to the NMSA.

The revised terms of designation are proposed to read as follows (new text in bold and deleted text in brackets and

italics

):

DESIGNATION OF THE HAWAIIAN ISLANDS [

HUMPBACK WHALE

] NATIONAL MARINE SANCTUARY—

NĀ KAI `EWALU

On November 4, 1992, President Bush signed into law the Hawaiian Islands National Marine Sanctuary Act (HINMSA or Act; Subtitle C of the Oceans Act of 1992, Pub. L. 102-587) which designated the Hawaiian Islands Humpback Whale National Marine Sanctuary [

(HIHWNMS or Sanctuary)

],

now called the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu (Sanctuary).

The purposes of the Sanctuary are to:

(1) protect

and conserve the marine ecosystem of the Hawaiian islands including

humpback whales,

marine turtles and other protected species,

[

and their

] Sanctuary habitat,

and historic and cultural resources and values;

(2) educate and interpret for the public the

value

[

relationship

] of [

humpback whales to

] the

natural, historic and cultural value of the

Hawaiian Islands marine environment;

and

(3) manage human uses of the Sanctuary consistent with the designation and Title III of the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA; also cited as the National Marine Sanctuaries Act or NMSA), 16 U.S.C. 1431

et seq.

[

; and

(4) provide for the identification of marine resources and ecosystems of national significance for possible inclusion in the Sanctuary.

]

ARTICLE I. EFFECT OF DESIGNATION

Section 2306 of the HINMSA requires the Secretary to develop and issue a comprehensive management plan and implementing regulations to achieve the policy and purposes of the Act, consistent with the procedures of sections 303 and 304 of the NMSA. Section 304 of the NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the conservation, recreational, ecological, historical, research, educational and aesthetic resources and qualities of the Hawaiian Islands Humpback Whale National Marine Sanctuary

, now called the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu

. Section 1 of Article IV of this Designation Document lists activities subject to regulation which are those activities that may be regulated on the effective date of the regulations, or at some later date in order to implement the Sanctuary designation.

ARTICLE II. DESCRIPTION OF THE AREA

The HINMSA identified a Sanctuary boundary but authorized the Secretary to modify the boundary as necessary to fulfill the purposes of the designation. The Sanctuary boundary was modified by the Secretary to encompass the submerged lands and waters off the coast of the Hawaiian Islands extending seaward from the shoreline, cutting across the mouths of rivers and streams,—

(1) O`ahu: The sanctuary boundary on the southern shore of O`ahu is defined by the coordinates provided in table A1 and the following textual description. The boundary begins ENE of Makapu`u Point roughly 3.2 nautical miles offshore at Point 1. It approximates the 100-fathom (182.8 meter) isobath line extending first clockwise to the SE, then to the SW, and finally to the west to Point 68 in numerical order. From Point 68 the boundary extends NE towards Point 69 until it intersects the tip of the Kapahulu Groin. From this intersection the boundary extends towards Point 70 until it intersects the shoreline. From this intersection the boundary then follows the shoreline eastward around Diamondhead Crater and Maunalua Bay until it intersects the line segment between Point 71 and Point 72 at the western entrance to the Hawaii Kai Marina. From this intersection the boundary moves towards Point 72 across the entrance to the marina until it intersects the shoreline again. The boundary then follows the shoreline eastward until it intersects the line segment between Point 73 and Point 74 at the eastern entrance to the Hawaii Kai Marina. From this intersection the boundary moves towards Point 74 across the entrance to the marina until it intersects the shoreline again. The boundary then follows the shoreline south around Koko Head and then northward around Pai`olu`olu Point, into Hanauma Bay and then back out and around Palea Point. The boundary then continues to follow the shoreline to the NE until it intersects the line between Point 75 and Point 76 at Makapu`u Point. From this intersection the boundary extends seaward to the NE to Point 76. The sanctuary boundary on the North Shore of O`ahu is defined by the coordinates provided in table A2 and the following textual description. The boundary extends from Point 1, located roughly 3.3 nautical miles NW of Ali`i Beach Park in Hale`iwa, approximating the 100-fathom (182.8 meter) isobath line first to the NE and then to the SE to Point 60 in numerical order roughly 2.5 nautical miles NE of Māhie Point. The eastern edge of the sanctuary extends SW from Point 60 towards Point 61 at Māhie Point (aka Makahonu Point) until it intersects the shoreline. From this intersection the boundary follows the shoreline to the NW around Kahuku Point and then to the SW until it intersects the line segment between Point 62 and Point 63 at the eastern breakwater protecting Haleiwa Harbor. From this intersection the boundary extends towards Point 63 and the western breakwater until it intersects the shoreline again. From this intersection the boundary follows the shoreline to the SW until it intersects the line segment between Point 64 and Point 65 at the southwestern end of Ali`i Beach Park. From this intersection the sanctuary boundary extends seaward to the NW to Point 65.

(2) Hawai`i: The sanctuary boundary of Hawai`i Island is defined by the coordinates provided in table A3 and the following textual description. The boundary begins offshore roughly 0.5 nautical miles west of Keāhole Point at Point 1, and approximates the 100-fathom (182.8 meter) isobath line as it extends northward to Point 102 in numerical order. The northeastern edge of the sanctuary boundary extends from Point 102 south towards Point 103 on

the northern tip of `Upolu point until it intersects the shoreline. From this intersection, the boundary extends west and then south along the shoreline until it intersects the line segment between Point 104 and Point 105 to the north of Kawaihae Harbor. Kawaihae Harbor is excluded from the sanctuary so the boundary extends across the mouth of the harbor from this intersection towards Point 105 on the outer breakwater of Kawaihae Harbor until it intersects the shoreline. From this intersection the boundary continues south along the shoreline until it intersects the line segment between Point 106 and Point 107 at the westernmost tip of Hawai`i Island (Keāhole Point), west of the southern end of Kona Airport. From this intersection, the boundary extends seaward approximately 0.5 nautical miles west to Point 107.

(3) Ni`ihau: The sanctuary boundary around the island of Ni`ihau (including Lehua Island) is defined by the coordinates provided in table A4 and the following textual description. The landward boundary of Ni`ihau and Lehua is the shoreline. The seaward boundary of Ni`ihau and Lehua is approximately three nautical miles from the shoreline and extends around the islands from Points 1 to 60 in numerical order.

(4) Kaua`i: The sanctuary boundary off the north coast of Kaua`i is defined by the coordinates in table A5 and the following textual description. The boundary begins offshore nearly 3.3 nautical miles WNW of Ka`īlio Point at Point 1 and approximates the 100-fathom (182.8 meters) isobath line as it extends eastward in numerical order to Point 59, approximately 1.5 nautical miles NE of Kepuhi point at roughly the Pila`a/Waipake ahupua`a boundary. The eastern edge of the sanctuary boundary then extends SW from Point 59 towards Point 60 on Kepuhi Point until it intersects the shoreline. From this intersection the sanctuary boundary extends westward along the shoreline of the north coast of Kaua`i, and then continues to follow the shoreline as it extends southward along the eastern shore of Hanalei Bay until it intersects the line segment between Point 61 and Point 62 at approximately the mouth of the Hanalei River. From this intersection the boundary extends towards Point 62 until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline south around Hanalei Bay and then westward around Ka`ilio Point until it intersects the line between Point 63 and Point 64 at approximately the boundary of the Ha`ena/Hanakāpi`ai ahupua`a NE of Hanakāpi`ai beach. From this intersection, the boundary extends seaward to the WNW to Point 64.

(5) Maui Nui: The sanctuary boundary of Maui Nui between the islands of Moloka`i, Lana'i, and Maui is defined by the coordinates in table A6 and the following textual description. The boundary begins roughly 3.5 nautical miles west of `Īlio Point off the northwest tip of Moloka`i at Point 1. The boundary approximates the 100-fathom (182.8 meter) isobath line to the west and south around Penguin Bank and then back to the north and east following the coordinates in numerical order across Kalohi Channel to Point 196 to the NE of Kaena on Lana`i. The boundary then continues to approximate the 100-fathom (182.8 meter) isobath line south around Lana'i and then east crossing the Kealaikahiki Channel and continuing between Kaho`olawe and Molokini to the SE to Point 341 in numerical order roughly 2.2 nautical miles WSW of Hanamanioa Light on the southern shore of Maui. The boundary then continues ENE towards Point 342 until it intersects the shoreline near the Hanamanioa Light. At this intersection the boundary follows the shoreline northward to Mā`alaea Bay until it intersects the line segment between Point 343 and Point 344 at the eastern breakwater of the entrance to Mā`alaea Harbor. From this intersection the boundary continues toward Point 344 until it intersects the shoreline at the western breakwater of Mā`alaea Harbor. From this intersection the boundary continues to follow the shoreline SW around McGregor and Papawai Points and then to the NW until it reaches Lahaina Small Boat Harbor. The boundary continues along the shoreline of the outer breakwater of Lahaina Small Boat Harbor until it reaches the northern tip at the intersection of the shoreline and a line between points 345 and 346. From this intersection the boundary extends offshore to the NNW for approximately 25 meters to point 346. The boundary then heads WNW towards point 347 until it intersects the shoreline again. From this intersection the boundary then continues to follow the shoreline northward until it intersects the line between Point 348 and Point 349 at Lipoa Point on the NW tip of Maui. From this intersection the boundary continues to the NNW across the Pailolo Channel through Point 349 and Point 350 to the intersection of the line segment between Point 351 and Point 352 and the shoreline at Cape Halawa on the NE tip of Molokai. From this intersection the boundary continues to follow the shoreline to the SW and then westward until it intersects the line segment between Point 353 and Point 354 east of Kaunakakai Pier. From this intersection the boundary then continues offshore through Point 354 and Point 355 and towards Point 356 to the west of Kaunakakai Pier until it intersects the shoreline. From this intersection the boundary continues to follow the shoreline westward until it intersects the line segment between Point 357 and Point 358 on the eastern seawall at the entrance to Lono Harbor. From this intersection the boundary continues towards Point 358 across the mouth of the harbor until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline westward around Lā`au Point, and then continues north until it reaches the intersection of the shoreline with the line segment between Point 359 and Point 360 at `Īlio Point on the NW tip of Moloka`i. From this intersection the boundary continues seaward to Point 361 west of `Īlio Point. The landward sanctuary boundary around the island of Lana`i is the shoreline. The boundary follows the western shoreline of the island south from Keanapapa Point until it intersects the line between Point 362 and Point 363 at the breakwater north of Kaumalapau Harbor. The boundary then extends towards Point 363 south of the harbor mouth, excluding Kaumalapau Harbor from the sanctuary, until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline south around Palaoa Point and then east until it intersects the line between Point 364 and Point 365 at the SE breakwater of Manele Small Boat Harbor. From this intersection the boundary extends across the mouth of the harbor towards Point 365 until it intersects the shoreline again at the NE breakwater, excluding Manele Small Boat Harbor from the sanctuary. From this intersection the boundary continues to follow the shoreline of Lana'i to the NE around Kikoa Point and continues counterclockwise around the island back to Keanapapa Point.

[

(1) To the 100-fathom (183 meter) isobath adjoining the islands of Maui, Molokai and Lanai, including Penguin Bank, but excluding the area within three nautical miles of the upper reaches of the wash of the waves on the shore of Kahoolawe Island;

(2) To the deep water area of Pailolo Channel from Cape Halawa, Molokai, to Nakalele Point, Maui, and southward;

(3) To the 100-fathom (183 meter) isobath around the island of Hawaii;

(4) To the 100-fathom (183 meter) isobath from Kailiu Point eastward to Makahuena Point, Kauai; and

(5) To the 100-fathom (183 meter) isobath from Puaena Point eastward to Mahie Point, and from the Ala Wai Canal eastward to Makapuu Point, Oahu.

Excluded from the Sanctuary boundary are the following commercial ports and small boat harbors:

Hawaii (Big Island)

Hilo Harbor Honokohau Boat Harbor

Kawaihae Boat Harbor & Small Boat Basin

Keauhou Bay

Oahu

Ala Wai Small Boat Basin

Kauai

Hanamaulu Bay

Nawiliwili Harbor

Lanai

Kaumalapau Harbor

Manele Harbor

Maui

Kahului Harbor

Lahaina Boat Harbor

Maalaea Boat Harbor

Molokai

Hale o Lono Harbor

Kaunakakai Harbor

As specified at sections 2305(b) of the HINMSA, on January 1, 1996, the area of the marine environment within 3 nautical miles of the upper reaches of the wash of the waves on the shore of Kahoolawe Island was to become part of the Sanctuary, unless during the 3 month period immediately preceding January 1, 1996, the Secretary certified in writing to Congress that the area was not suitable for inclusion in the Sanctuary. The Secretary made such a certification in December 1995. As such, the waters surrounding Kahoolawe are not included in the Sanctuary. The HINMSA was amended in 1996 to allow the Kahoolawe Island Reserve Commission (KIRC) to request inclusion of the marine waters three miles from Kahoolawe in the Sanctuary. Upon receiving a request from the KIRC, should NOAA determine that Kahoolawe waters may be suitable for inclusion in the Sanctuary, NOAA will prepare a supplemental environmental impact statement, management plan, and implementing regulations for that inclusion. This process will include the opportunity for public comment. Further, the Governor would have the opportunity to certify his or her objection to the inclusion, or any term of that inclusion, and if this occurs, the inclusion or term will not take effect.

]

ARTICLE III. CHARACTERISTICS OF THE AREA THAT GIVE IT PARTICULAR VALUE

The Hawaiian Islands comprise an archipelago which consist of eight major islands and 124 minor islands, with a total land area of

6,471

[

6,423

] square miles, and a general coastline of 750 miles. The central North Pacific stock of endangered humpback whales, the largest of the three North Pacific stocks, estimated to be at approximately

50

[

10

]% of its pre-whaling abundance, uses the waters around the main Hawaiian Islands for reproductive activities including breeding, calving and nursing. The warm, calm waters around the main Hawaiian Islands provide protective environments required for such activities. Of the known wintering and summering areas in the North Pacific used by humpback whales, the waters around the main Hawaiian Islands maintain the largest seasonally-resident population; approximately

12,000 to 16,000

[

2,000 to 3,000

] humpback whales use these waters. The proximity to shore helps support an active commercial whalewatch industry, which is supported annually by millions of visitors who either directly or indirectly enjoy the Sanctuary waters. In sections 2302 (1) and (4) of the HINMSA, Congressional findings state that “many of the diverse marine resources and ecosystems within the Western Pacific region are of national significance,” and “the marine environment adjacent to and between the Hawaiian Islands is a diverse and unique subtropical marine ecosystem.” In addition, Congress found that the Sanctuary could be expanded to include other marine resources of national significance. The waters around the Hawaiian Islands contain 24 other species of cetaceans, the highly endangered Hawaiian monk seal, three species of sea turtles and many other marine species endemic to this environment. Coastal Hawaiian waters also support spectacular coral reef ecosystems which provide local people with an abundant source of fish and are a popular dive destination for visitors worldwide. These waters also contain a number of cultural/historical resources, including those reflecting native Hawaiian traditions and uses.

ARTICLE IV. SCOPE OF REGULATIONS

Section 1. Activities Subject to Regulation.

In order to implement the Sanctuary designation, the following activities

may be regulated

[

are subject to regulation

] to the extent necessary [

and reasonable

] to ensure the protection and management of the characteristics and values of the Sanctuary described above [

; primarily the protection and management of humpback whales and their Sanctuary habitat. Regulation may include governing the method, location, and times of conducting the activity, and prohibition of the activity, after public notice and an opportunity to comment. If a type of activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended by the procedures outlined in section 304(a) of the NMSA. Such activities are

]:

a. Taking or otherwise damaging natural resources;

[

a. Approaching, or causing another vessel or object to approach, by any means a humpback whale in the Sanctuary;

]

b. [

Flying over a humpback whale in the Sanctuary in any type of aircraft except as necessary for takeoff or landing from an airport or runway;

c.

] Discharging or depositing

any substance;

[

, from within or from beyond the boundary of the Sanctuary, any material or other matter into, or that enters or could enter the Sanctuary, without, or not in compliance with, the terms or conditions of a required, valid Federal or State permit, license, lease or other authorization;

]

c. Disturbing the benthic community;

d. Removing or otherwise harming cultural or historical resources;

e. Operating a vessel;

f. Moving, removing, or tampering with any sign or other Sanctuary property;

g. Introducing or otherwise releasing an introduced species.

[

d. Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary without, or not in compliance with, the terms or conditions of a required, valid Federal or State permit, license, lease or other authorization;

e. Taking, removing, moving, catching, collecting, harvesting, feeding, injuring, destroying or causing the loss of, or attempting to take, remove, move, catch, collect, harvest, feed, injure, destroy or cause the loss of any humpback whale or humpback whale habitat;

f. Possessing within the Sanctuary a humpback whale or part thereof regardless of where taken, removed, moved, caught, collected or harvested; and

g. Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized

property in connection with enforcement of the HINMSA or NMSA or any regulation or permit issued under the HINMSA or NMSA.

]

Section 2. Emergencies.

Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality; or minimize the imminent risk of such destruction, loss or injury, any activity, including those not listed in Section 1 of this Article, is subject to immediate temporary regulation, including prohibition. If such a situation arises, the Director of NOAA's Office of

National Marine Sanctuaries

[

Ocean and Coastal Resource Management

] or his or her designee shall seek to notify and consult to the extent practicable with any relevant Federal agency and the Governor of the State of [

Hawaii

]

Hawai`i

.

ARTICLE V. EFFECT ON LEASES, PERMITS, LICENSES, AND RIGHTS

Pursuant to section 304(c)(1) of the NMSA, 16 U.S.C. 1434(c)(1), no valid lease, permit, license, approval or other authorization issued by any Federal, State, or local authority of competent jurisdiction, or any right of subsistence use or access, may be terminated by the Secretary of Commerce, or his or her designee, as a result of this designation, or as a result of any Sanctuary regulation, if such authorization or right was in existence on the effective date of Sanctuary designation (November 4, 1992).

ARTICLE VI. ALTERATION OF THIS DESIGNATION

The terms of designation, as defined under section 304

(a)

of the NMSA, may be modified only by the procedures outlined in section 304

(a) of the NMSA

, including public hearings, consultation with interested Federal, State, and county agencies, review by the appropriate Congressional committees, and review and non-objection by the Governor of the State of [

Hawaii

]

Hawai`i

, and approval by the Secretary of Commerce, or his or her designee.

HAWAIIAN ISLANDS [

HUMPBACK WHALE

] NATIONAL MARINE SANCTUARY—

NĀ KAI `EWALU

BOUNDARY COORDINATES

Appendix A to subpart Q, part 922, 15 CFR sets forth the precise boundary coordinates for the Sanctuary.

IV. Classification

National Environmental Policy Act

NOAA has prepared a draft environmental impact statement to evaluate the environmental effects of the proposed rulemaking. Copies are available at the address and Web site listed in the

ADDRESSES

section of this proposed rule. Responses to comments received on this proposed rule will be published in the final environmental impact statement and preamble to the final rule.

Coastal Zone Management Act

Section 307 of the Coastal Zone Management Act (CZMA; 16 U.S.C. 1456) requires Federal agencies to consult with a state's coastal program on potential Federal regulations having an effect on state waters. Because the Hawaiian Islands Humpback Whale National Marine Sanctuary encompasses a portion of the Hawai`i State waters, NOAA intends to submit a copy of this proposed rule and supporting documents to the State of Hawai`i Coastal Zone Management Program for evaluation of Federal consistency under the CZMA.

Executive Order 12866: Regulatory Impact

This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

Executive Order 13132: Federalism Assessment

NOAA has concluded that this regulatory action does not have federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 13132.

National Historic Preservation Act

The National Historic Preservation Act (NHPA; 16 U.S.C. 470

et seq.

) is intended to preserve historical and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices. Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP (36 CFR 800). In coordinating its responsibilities under the NHPA, NOAA has solicited for and identified consulting parties, and will complete the identification of historic properties and the assessment of the effects of the undertaking on such properties in scheduled consultations with those identified parties. By this notice NOAA seeks to solicit public input, particularly in regard to the identification of historic properties within the proposed areas of potential effect. Pursuant to 36 CFR 800.16(1)(1), historic properties includes: “any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. The term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria.”

Regulatory Flexibility Act

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows:

The SBA has established thresholds on the designation of businesses as “small entities”. A fish-harvesting business is considered a small business if it has annual receipts not in excess of $3.5 million (13 CFR 121.201). Sports and recreation businesses and scenic and sightseeing transportation businesses are considered small businesses if they have annual receipts not in excess of $6 million (13 CFR 121.201). According to these limits, each of the businesses potentially affected by the proposed rule, except those in the commercial marine transportation and submarine cable installation businesses would most likely be small businesses. The analysis presented here is based on limited quantitative information on how much activity occurs within the boundaries of the proposed expansion areas for HIHWNMS, except for commercial fishing operations.

Methodology. Due to the lack of quantitative data on the number of businesses directly affected by the proposed regulations and their levels of revenues, costs and profits from their activities in the HIHWNMS expansion area, the assessment here is qualitative.

NOAA analyzed four regulatory alternatives (identified as Alternatives 1-4 in the Draft Environmental Impact Statement). User groups that entail small businesses included commercial fishing operation and recreation-tourism related businesses. Other user groups included in the full regulatory impact review in the DEIS and not included here are research and education, people who receive passive economic use value

from improvements in natural resource qualities/quantities, businesses in offshore energy (namely submarine cable installation) and those firms involved in marine transportation. Firms involved in offshore energy and marine transportation directly affected by the proposed regulations were judged not to be small businesses.

NOAA assessed two types of regulations included in the proposed action (discharges and submerged lands—seabed alterations), which are only proposed to apply to three areas called Special Sanctuary Management Areas (SSMAs) within the HIHWNMS. NOAA also analyzed the impact of all regulations combined. Submarine cable regulations addressed in the full regulatory impact review are not discussed here since that industry is judged not to involve small businesses.

Discharge Regulations. Under the proposed rule, NOAA would prohibit discharging or depositing any material or matter into the three SSMAs, with an exception for treated biodegradable effluents incidental to vessel use. Many commercial vessels affected by the proposed regulations are expected to belong to commercial fishing operations and businesses involved in providing guide services in the recreation tourism industry (

e.g.

charter and party boat fishing operations and whale-watching or other wildlife observation or guide businesses). Boats are already prohibited from discharging untreated effluent in state waters under state law.

Of the three proposed Special Sanctuary Management Areas, Penguin Bank and Maui Nui are active commercial fishing grounds. According to Vessel Management System (VMS) data, only 68 commercial fishing vessels entered the Special Sanctuary Management Areas in the last year. There are 42 permitted commercial boats operating out of Lahaina and all of these boats are using the federal waters of Maui Nui. This information is generally consistent with the information compiled during the Ocean Etiquette trainings and the USCG Marine Safety Office inventory for Maui.

Based on a 2012 survey conducted by the Pacific Islands Fisheries Science Center, there were roughly 170 active charter boat operations in the main Hawai`i Islands, with roughly 100 of these operating out of the big island of Hawai`i. Roughly 55 boats were based in Maui and O`ahu, the islands adjacent to the Special Sanctuary Management Areas. The average charter boat length in Maui and O`ahu was 40 feet and 39 feet, respectively.

Additionally, 99 active tour vessels operate out of Maui County, of which 55 are whale-watching operations. These larger vessels carry dozens of passengers and are typically equipped with a Coast Guard certified Marine Sanitation Device (MSD) that, if properly used, is compliant with the proposed treatment requirement in the Special Sanctuary Management Areas. At a minimum, most of the commercial operators have holding tanks.

There are pump out stations in the major harbors of the Maui Nui area (Lahaina and Mā`alaea), which ensures ease of compliance for boats that only have a holding tank. Furthermore, some tour operators have retrofitted their boats to increase the holding capacity and eliminate the need for discharging at sea.

Taking into account all of the above information, including the relatively modest total number of vessels operating in the Special Sanctuary Management Areas and the high proportion of vessels already equipped with compliant marine sanitation devices, NOAA expects there to be negligible costs from these new regulations.

NOAA expects both the commercial fishing industry and the recreation-tourism industry to receive moderate net benefits from these regulations in the form of improved habitat qualities, which would likely result in increased fish stocks for commercial and recreational fishing. In addition, NOAA expects that the resulting improved habitat qualities would benefit the recreation-tourism industry, which depends upon a healthy and thriving sanctuary ecosystem to support its business. Thus, NOAA expects that the commercial fishing and recreation-tourism industries would experience a net benefit from the discharge regulations. NOAA expects the proposed action to generate a mid-range level of costs with a mid-range level of net benefits compared with all other regulatory alternatives. Land use and development businesses would not be directly affected by the discharge regulations.

NOAA invites public comments from small business owners and members of the public potentially affected by the new discharge regulations to better understand and assess any impact of these proposed regulations.

Submerged lands — Seabed Alteration Regulations. Regulations prohibiting disturbances of the seabed in Special Sanctuary Management Areas would impact the commercial fishing industry and the recreation tourism industry. NOAA expects these industries to receive moderate net benefits from these regulations because of the improvement or maintenance of habitat qualities that these industries depend upon. NOAA also expects businesses in these industries to experience negligible increases in costs of operations because there is no significant anchoring activity in the Special Sanctuary Management Areas. Because of the exceptions, permit, and authorization processes in the proposed action, which may allow for some activities that disturb the seabed, including a proposed submarine cable installation, costs would be expected to be in the mid-range of costs across all alternatives.

All other regulatory amendments to the HIHWNMS regulations proposed in this rulemaking are either technical changes or are not expected to have any measurable impact, economic or otherwise, on the resources and businesses operating in and near the Special Sanctuary Management Areas. Because this action would not have a significant economic impact on a substantial number of small entities, no initial regulatory flexibility analysis was prepared.

Because the impacts of this proposed rule on commercial fishing, recreational tourism, and land use and development businesses are minimal, the Chief Counsel for Regulation certified to the Chief Counsel for Advocacy at SBA that this rulemaking would not have a significant economic impact on a substantial number of small entities.

Paperwork Reduction Act

ONMS has a valid Office of Management and Budget (OMB) control number (0648-0141) for the collection of public information related to the processing of ONMS permits across the National Marine Sanctuary System. NOAA's proposal to expand HIHWNMS would likely result in an increase in the number of requests for ONMS general permits, special use permits, and authorizations since this action proposes to add general permits and special use permits, certifications, appeals, and the authority to authorize other valid federal, state, or local leases, permits, licenses, approvals, or other authorizations. An increase in the number of ONMS permit requests would require a change to the reporting burden certified for OMB control number 0648-0141. An update to this control number for the processing of ONMS permits would be requested as part of the final rule for sanctuary expansion.

Nationwide, NOAA issues approximately 200 national marine sanctuary permits each year. Of this amount, HIWHNMS is expected to add

4 to 5 permit requests per year. The public reporting burden for national marine sanctuaries permits is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information.

Send comments regarding the burden estimate for this data collection requirement, or any other aspect of this data collection, including suggestions for reducing the burden, to NOAA (see ADDRESSES) and by email to

OIRA_submission@omb.eop.gov,

or fax to (202) 395-7285. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB control number.

V. Request for Comments

NOAA requests comments on this proposed rule for by June 19, 2015.

VI. References

A complete list of all references cited herein is available upon request (see

ADDRESSES

section).

List of Subjects in 15 CFR Part 922

Administrative practice and procedure, Coastal zone, Historic preservation, Intergovernmental relations, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife.

Dated: March 13, 2015.

W. Russell Callender,

Acting Assistant Administrator for Ocean Services and Coastal Zone Management.

Accordingly, for the reasons discussed in the preamble, the National Oceanic and Atmospheric Administration proposes to amend 15 CFR part 922 as follows:

PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

1. Revise subpart Q to read as follows:

Subpart Q—Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu

Contents

§ 922.180

Purpose.

§ 922.181

Boundary.

§ 922.182

Definitions.

§ 922.183

Allowed activities.

§ 922.184

Prohibited activities.

§ 922.185

Emergency regulations.

§ 922.186

Penalties; appeals.

§ 922.187

Interagency cooperation.

§ 922.188

Permit procedures and review criteria.

Appendix A to Subpart Q of Part 922—Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas.

Appendix B to Subpart Q of Part 922—Special Sanctuary Management Area Boundaries.

Authority:

16 U.S.C. 1431

et seq.

and subtitle C, title II, Pub. L. 102-587, 106 Stat. 5055.

Subpart Q—Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu

§ 922.180

Purpose.

(a) The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu by regulating activities affecting the resources of the Sanctuary or any of the qualities, values, or purposes, for which the Sanctuary was designated, in order to protect, preserve, and manage the conservation, ecological, recreational, research, educational, historical, cultural, and aesthetic resources and qualities of the area. The regulations are intended to supplement and complement existing regulatory authorities; and to facilitate all public and private uses of the Sanctuary, to the extent compatible with the primary objective of an ecosystem-based management approach that is inclusive of all aspects of the marine ecosystem emphasizing the biological, physical, and human components of a healthy marine environment, including protecting the humpback whale and its habitat, that are essential components of the marine ecosystem. Public and private uses of the Sanctuary include, but are not limited to, uses of Hawaiian natives customarily and traditionally exercised for subsistence, cultural, and religious purposes; as well as education, research, recreation, commercial and military activities; to reduce conflicts between compatible uses; to maintain, restore, and enhance the humpback whale and other protected species and their habitat; to contribute to the maintenance of natural assemblages of humpback whales and other protected species for future generations; more specifically to provide a place for humpback whales that are dependent on their Hawaiian Islands wintering habitat for reproductive activities, including breeding, calving, and nursing, and for the long-term survival of their species; and to achieve the other purposes and policies of the HINMSA and NMSA.

(b) These regulations may be modified to fulfill the Secretary's responsibilities for the Sanctuary, including the provision for additional protections of the Sanctuary ecosystem resources including for humpback whales and their habitat, as reasonably necessary, and the conservation and management of other marine resources, qualities and ecosystems of the Sanctuary determined to be of national significance. The Secretary shall consult with the Governor of the State of Hawai`i on any modifications to the regulations contained in this part that pertain to State of Hawai`i waters. For any modification of the regulations contained in this part that would contribute a change in a term of designation, as contained in the Designation Document for the Sanctuary, the Secretary shall follow the applicable requirements of section 303 and 304 of the NMSA, and sections 2305 and 2306 of the HINMSA.

(c) Section 304(e) of the NMSA requires the Secretary to review management plans and regulations every five years, and make necessary revisions. Upon completion of the five year review of the Sanctuary management plan and regulations, the Secretary will repropose the Sanctuary management plan and regulations in their entirety with any proposed changes thereto. The Governor of the State of Hawai`i will have the opportunity to review the re-proposed management plan and regulations before they take effect and if the Governor certifies any term or terms of such management plan or regulations as unacceptable, the unacceptable term or terms will not take effect in State waters of the Sanctuary.

§ 922.181

Boundary.

(a) The Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu (sanctuary) encompasses an area of approximately 1,224 square nautical miles (1,621 square miles) of coastal and ocean waters, and submerged lands thereunder, cutting across the mouths of rivers and streams, surrounding the populated Hawaii Islands as described below. The precise boundary coordinates are listed in Appendix A to this subpart.

(1) O`ahu: The sanctuary boundary on the southern shore of O`ahu is defined by the coordinates provided in table A1 and the following textual description. The boundary begins ENE of Makapu`u Point roughly 3.2 nautical miles offshore at Point 1. It approximates the 100-fathom (182.8 meter) isobath line extending first clockwise to the SE., then to the SW., and finally to the west to Point 68 in numerical order. From Point 68 the boundary extends NE

towards Point 69 until it intersects the tip of the Kapahulu Groin. From this intersection the boundary extends towards Point 70 until it intersects the shoreline. From this intersection the boundary then follows the shoreline eastward around Diamondhead Crater and Maunalua Bay until it intersects the line segment between Point 71 and Point 72 at the western entrance to the Hawaii Kai Marina. From this intersection the boundary moves towards Point 72 across the entrance to the marina until it intersects the shoreline again. The boundary then follows the shoreline eastward until it intersects the line segment between Point 73 and Point 74 at the eastern entrance to the Hawaii Kai Marina. From this intersection the boundary moves towards Point 74 across the entrance to the marina until it intersects the shoreline again. The boundary then follows the shoreline south around Koko Head and then northward around Pai`olu`olu Point, into Hanauma Bay and then back out and around Palea Point. The boundary then continues to follow the shoreline to the NE until it intersects the line between Point 75 and Point 76 at Makapu`u Point. From this intersection the boundary extends seaward to the NE to Point 76. The sanctuary boundary on the North Shore of O`ahu is defined by the coordinates provided in table A2 and the following textual description. The boundary extends from Point 1, located roughly 3.3 nautical miles NW of Ali`i Beach Park in Hale`iwa, approximating the 100-fathom (182.8 meter) isobath line first to the NE and then to the SE to Point 60 in numerical order roughly 2.5 nautical miles NE of Māhie Point. The eastern edge of the sanctuary extends SW from Point 60 towards Point 61 at Māhie Point (aka Makahonu Point) until it intersects the shoreline. From this intersection the boundary follows the shoreline to the NW around Kahuku Point and then to the SW until it intersects the line segment between Point 62 and Point 63 at the eastern breakwater protecting Haleiwa Harbor. From this intersection the boundary extends towards Point 63 and the western breakwater until it intersects the shoreline again. From this intersection the boundary follows the shoreline to the SW until it intersects the line segment between Point 64 and Point 65 at the southwestern end of Ali`i Beach Park. From this intersection the sanctuary boundary extends seaward to the NW to Point 65.

(2) Hawai`i: The sanctuary boundary of Hawai`i Island is defined by the coordinates provided in table A3 and the following textual description. The boundary begins offshore roughly 0.5 nautical miles west of Keāhole Point at Point 1, and approximates the 100-fathom (182.8 meter) isobath line as it extends northward to Point 102 in numerical order. The northeastern edge of the sanctuary boundary extends from Point 102 south towards Point 103 on the northern tip of `Upolu point until it intersects the shoreline. From this intersection, the boundary extends west and then south along the shoreline until it intersects the line segment between Point 104 and Point 105 to the north of Kawaihae Harbor. Kawaihae Harbor is excluded from the sanctuary so the boundary extends across the mouth of the harbor from this intersection towards Point 105 on the outer breakwater of Kawaihae Harbor until it intersects the shoreline. From this intersection the boundary continues south along the shoreline until it intersects the line segment between Point 106 and Point 107 at the westernmost tip of Hawai`i Island (Keāhole Point), west of the southern end of Kona Airport. From this intersection, the boundary extends seaward approximately 0.5 nautical miles west to Point 107.

(3) Ni`ihau: The sanctuary boundary around the island of Ni`ihau (including Lehua Island) is defined by the coordinates provided in table A4 and the following textual description. The landward boundary of Ni`ihau and Lehua is the shoreline. The seaward boundary of Ni`ihau and Lehua is approximately three nautical miles from the shoreline and extends around the islands from Points 1 to 60 in numerical order.

(4) Kaua`i: The sanctuary boundary off the north coast of Kaua`i is defined by the coordinates in table A5 and the following textual description. The boundary begins offshore nearly 3.3 nautical miles WNW of Ka`īlio Point at Point 1 and approximates the 100-fathom (182.8 meters) isobath line as it extends eastward in numerical order to Point 59, approximately 1.5 nautical miles NE of Kepuhi point at roughly the Pila`a/Waipake ahupua`a boundary. The eastern edge of the sanctuary boundary then extends SW from Point 59 towards Point 60 on Kepuhi Point until it intersects the shoreline. From this intersection the sanctuary boundary extends westward along the shoreline of the north coast of Kaua`i, and then continues to follow the shoreline as it extends southward along the eastern shore of Hanalei Bay until it intersects the line segment between Point 61 and Point 62 at approximately the mouth of the Hanalei River. From this intersection the boundary extends towards Point 62 until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline south around Hanalei Bay and then westward around Ka`ilio Point until it intersects the line between Point 63 and Point 64 at approximately the boundary of the Ha`ena/Hanakāpi`ai ahupua`a NE of Hanakāpi`ai beach. From this intersection, the boundary extends seaward to the WNW to Point 64.

(5) Maui Nui: The sanctuary boundary of Maui Nui between the islands of Moloka`i, Lana'i, and Maui is defined by the coordinates in table A6 and the following textual description. The boundary begins roughly 3.5 nautical miles west of `Īlio Point off the northwest tip of Moloka`i at Point 1. The boundary approximates the 100-fathom (182.8 meter) isobath line to the west and south around Penguin Bank and then back to the north and east following the coordinates in numerical order across Kalohi Channel to Point 196 to the NE of Kaena on Lana`i. The boundary then continues to approximate the 100-fathom (182.8 meter) isobath line south around Lana'i and then east crossing the Kealaikahiki Channel and continuing between Kaho`olawe and Molokini to the SE to Point 341 in numerical order roughly 2.2 nautical miles WSW of Hanamanioa Light on the southern shore of Maui. The boundary then continues ENE towards Point 342 until it intersects the shoreline near the Hanamanioa Light. At this intersection the boundary follows the shoreline northward to Mā`alaea Bay until it intersects the line segment between Point 343 and Point 344 at the eastern breakwater of the entrance to Mā`alaea Harbor. From this intersection the boundary continues toward Point 344 until it intersects the shoreline at the western breakwater of Mā`alaea Harbor. From this intersection the boundary continues to follow the shoreline SW around McGregor and Papawai Points and then to the NW until it reaches Lahaina Small Boat Harbor. The boundary continues along the shoreline of the outer breakwater of Lahaina Small Boat Harbor until it reaches the northern tip at the intersection of the shoreline and a line between points 345 and 346. From this intersection the boundary extends offshore to the NNW for approximately 25 meters to point 346. The boundary then heads WNW towards point 347 until it intersects the shoreline again. From this intersection the boundary then continues to follow the shoreline northward until it intersects the line

between Point 348 and Point 349 at Lipoa Point on the NW tip of Maui. From this intersection the boundary continues to the NNW across the Pailolo Channel through Point 349 and Point 350 to the intersection of the line segment between Point 351 and Point 352 and the shoreline at Cape Halawa on the NE tip of Molokai. From this intersection the boundary continues to follow the shoreline to the SW and then westward until it intersects the line segment between Point 353 and Point 354 east of Kaunakakai Pier. From this intersection the boundary then continues offshore through Point 354 and Point 355 and towards Point 356 to the west of Kaunakakai Pier until it intersects the shoreline. From this intersection the boundary continues to follow the shoreline westward until it intersects the line segment between Point 357 and Point 358 on the eastern seawall at the entrance to Lono Harbor. From this intersection the boundary continues towards Point 358 across the mouth of the harbor until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline westward around Lā`au Point, and then continues north until it reaches the intersection of the shoreline with the line segment between Point 359 and Point 360 at `Īlio Point on the NW tip of Moloka`i. From this intersection the boundary continues seaward to Point 361 west of `Īlio Point. The landward sanctuary boundary around the island of Lana`i is the shoreline. The boundary follows the western shoreline of the island south from Keanapapa Point until it intersects the line between Point 362 and Point 363 at the breakwater north of Kaumalapau Harbor. The boundary then extends towards Point 363 south of the harbor mouth, excluding Kaumalapau Harbor from the sanctuary, until it intersects the shoreline again. From this intersection the boundary continues to follow the shoreline south around Palaoa Point and then east until it intersects the line between Point 364 and Point 365 at the SE breakwater of Manele Small Boat Harbor. From this intersection the boundary extends across the mouth of the harbor towards Point 365 until it intersects the shoreline again at the NE breakwater, excluding Manele Small Boat Harbor from the sanctuary. From this intersection the boundary continues to follow the shoreline of Lana'i to the NE around Kikoa Point and continues counterclockwise around the island back to Keanapapa Point.

§ 922.182

Definitions.

Other terms appearing in this subpart are defined at 15 CFR 922.3, and/or in the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401

et seq.,

and 16 U.S.C. 1431

et seq.

Acts

means the Hawaiian Islands National Marine Sanctuary Act (HINMSA; sections 2301-2307 of Pub. L. 102-587), and the National Marine Sanctuaries Act (NMSA; also known as Title III of the Marine Protection, Research, and Sanctuaries Act (MPRSA), as amended, 16 U.S.C. 1431

et seq.

).

Adverse impact

means an impact that independently or cumulatively damages, diminishes, degrades, impairs, destroys, or otherwise harms.

Alteration

of the seabed means drilling into, dredging, or otherwise altering a natural physical characteristic of the seabed of the Sanctuary; or constructing, placing, or abandoning any structure, material, or other matter on the seabed of the Sanctuary.

Coral

means but is not limited to species of the Phylum Cnidaria, including all species in the: Class Anthozoa, Subclass Hexacorallia, Order Scleractinia (stony corals); Class Anthozoa, Subclass Hexacorallia, Order Antipatharia (black corals); Class Anthozoa, Subclass Hexacorallia, Order Zoantharia, Family Parazoanthidae (gold coral); Class Anthozoa, Subclass Octocorallia, Order Alcyonacea (soft corals, bamboo coral, pink coral); Class Anthozoa, Subclass Octocorallia, Order Gorgonacea (gorgoneans); Class Anthozoa, Subclass Octocorallia, Order Pennatulacea (sea pens); Class Hydrozoa, Subclass Hydroidolina, Order Anthoathecata, Suborder Filifera, Family Stylasteridae (stylasterids)

Introduced Species

means any species (including, but not limited to, any of its biological matter capable of propagation) that is non-native to the ecosystems of the Sanctuary; or any organism into which altered genetic matter, or genetic matter from another species, has been transferred in order that the host organism acquires the genetic traits of the transferred genes.

Live Rock

means any Coral, basalt rock, or other natural structure with any living organisms growing in or on the Coral, basalt rock, or structure.

Military activities

means those military activities conducted by or under the auspices of the Department of Defense and any combined military activities carried out by the Department of Defense and the military forces of a foreign nation.

Sanctuary

means the Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu.

Special Sanctuary Management Areas

means discrete, biologically and/or culturally important areas that help sustain critical marine species and habitats.

Shoreline

means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.

Take or taking a humpback whale

means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or injure a humpback whale, or to attempt to engage in any such conduct. The term includes, but is not limited to, any of the following activities: collecting any dead or injured humpback whale, or any part thereof; restraining or detaining any humpback whale, or any part thereof, no matter how temporarily; tagging any humpback whale; operating a vessel or aircraft or doing any other act that results in the disturbing or molesting of any humpback whale.

§ 922.183

Allowed activities.

(a) All activities except those prohibited by § 922.184 may be undertaken in the Sanctuary subject to any emergency regulations promulgated pursuant to § 922.185, subject to the interagency cooperation provisions of section 304(d) of the NMSA [16 U.S.C. 1434(d)] and § 922.187 of this subpart, and subject to the liability established by section 312 of the NMSA and § 922.46 of this part. All activities are also subject to all prohibitions, restrictions, and conditions validly imposed by any other Federal, State, or county authority of competent jurisdiction.

(b) Included as activities allowed under the first sentence of paragraph (a) of this section are all classes of military activities, internal or external to the Sanctuary, that are being or have been conducted before the effective date of these regulations, as identified in the Final Environmental Impact Statement/Management Plan. Paragraphs (a)(1) through (a)(11) of § 922.184 do not apply to these classes of activities, nor are these activities subject to further consultation under section 304(d) of the NMSA.

(c) Military activities proposed after the effective date of these regulations are also included as allowed activities under the first sentence of paragraph (a) of this § 922.183. Paragraphs (a)(1) through (a)(11) of § 922.184 apply to these classes of activities unless—

(1) They are not subject to consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or

(2) Upon consultation under section 304(d) of the NMSA and § 922.187 of this subpart, NOAA's findings and recommendations include a statement that paragraphs (a)(1) through (a)(11) of § 922.184 do not apply to the military activity.

(d) If a military activity described in paragraphs (b) or (c)(2) of this section is modified such that it is likely to destroy, cause the loss of, or injure a Sanctuary resource in a manner significantly greater than was considered in a previous consultation under section 304(d) of the NMSA and § 922.187 of this subpart, or if the modified activity is likely to destroy, cause the loss of, or injure any Sanctuary resource not considered in a previous consultation under section 304(d) of the NMSA and § 922.187 of this subpart, the modified activity will be treated as a new military activity under paragraph (c) of this section.

(e) If a proposed military activity subject to section 304(d) of the NMSA and § 922.187 of this subpart is necessary to respond to an emergency situation and the Secretary of Defense determines in writing that failure to undertake the proposed activity during the period of consultation would impair the national defense, the Secretary of the military department concerned may request the Director that the activity proceed during consultation. If the Director denies such a request, the Secretary of the military department concerned may decide to proceed with the activity. In such case, the Secretary of the military department concerned shall provide the Director with a written statement describing the effects of the activity on Sanctuary resources once the activity is completed.

§ 922.184

Prohibited activities.

(a) The following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted.

(1)(i) Approaching in the Sanctuary, by any means, including by interception (

e.g.

by placing a vessel or person in the path of an oncoming humpback whale so that the whale surfaces within 100 yards (91.4m) of the vessel or person), within 100 yards (91.4 m) of any humpback whale;

(ii) Causing a vessel or other object to approach within 100 yards (91.4 m) of a humpback whale;

(iii) Disrupting the normal behavior or prior activity of a whale by any other act or omission. A disruption of normal behavior may be manifested by, among other actions on the part of the whale, a rapid change in direction or speed; escape tactics such as prolonged diving, underwater course changes, underwater exhalation, or evasive swimming patterns; interruptions of breeding, nursing, or resting activities, attempts by a whale to shield a calf from a vessel or human observer by tail swishing or by other protective movement; or the abandonment of a previously frequented area;

(iv) Exceptions:

This paragraph (a)(1) does not apply to any approach is authorized by the National Marine Fisheries Service through a permit issued under 50 CFR part 222, subpart C, General Permit Procedures or through a similar authorization;

(2) Operating any aircraft above the Sanctuary within 1,000 feet of any humpback whale except as necessary for takeoff or landing from an airport or runway, or as authorized under the MMPA and the ESA;

(3)(i) Taking or possessing any humpback whales within the Sanctuary except as authorized by the Marine Mammal Protection Act (MMPA), or the Endangered Species Act (ESA;

(ii) Taking or possessing any marine mammal, sea turtle, seabird, Endangered Species Act-listed species or Hawai`i Revised Statutes chapter 195D listed species, within or above the Special Sanctuary Management Areas, except as authorized by the Marine Mammal Protection Act (MMPA); the Endangered Species Act (ESA); the Migratory Bird Treaty Act (MBTA); the Magnuson Stevens Fishery Conservation and Management Act; or Hawai`i State Law.

(4) Discharging or depositing any material or other matter in the Special Sanctuary Management Areas, except:

(i) Fish, fish parts, chumming materials or bait used in or resulting from lawful fishing activities within the Sanctuary, provided that such discharge or deposit is during the conduct of lawful fishing activities within the Sanctuary;

(ii) Biodegradable effluents incidental to vessel use and generated by Type I and II marine sanitation devices approved in accordance with section 312 of the Federal Water Pollution Control Act33 U.S.C. 1322;

(iii) Water generated by routine vessel operations (

e.g.,

cooling water, deck wash down, and gray water as defined by section 312 of the Federal Water Pollution Control Act33 U.S.C. 1322) excluding oily wastes from bilge pumping;

(iv) Engine exhaust; or

(v) Discharge of biodegradable materials for traditional ceremonies associated with culturally important customs and usage (

e.g.

the discharge of leis, paper lanterns).

(5) Discharging or depositing any material or other matter outside of the Special Sanctuary Management Areas if the discharge or deposit subsequently enters and injures a sanctuary resource within the Special Sanctuary Management Areas.

(6) Dredging, drilling into, or otherwise altering in any way the submerged lands (including natural bottom formations, live rock and coral) within the Special Sanctuary Management Areas, except:

(i) To anchor a vessel on sandy bottom or substrate other than live rock or coral;

(ii) Routine maintenance of docks, seawalls, breakwaters, jetties, or piers authorized by any valid lease, permit, license, approval, or other authorization issued by any Federal, State, or local authority of competent jurisdiction;

(iii) Installation and maintenance of navigational aids by, or pursuant to valid authorization by, any Federal, State, or local authority of competent jurisdiction;

(iv) Activities associated with conducting harbor maintenance in accordance with a federal or state permit issued prior to [EFFECTIVE DATE OF FINAL RULE], including dredging of entrance channels during the time period of one year from the [final rule effective date];

(v) Aquaculture activities authorized under a permit issued by the State of Hawai`i Department of Land and Natural Resources, the State of Hawai`i Department of Health, the U.S. Army Corps of Engineers, or the National Marine Fisheries Service pursuant to applicable regulations under the appropriate fisheries management plan.

(vi) Lawful fishing activities authorized under a permit issued by the State of Hawai`i or the National Marine Fisheries Service pursuant to applicable regulations under the appropriate fisheries management plan.

(7) Possessing or using explosives within the Special Sanctuary Management Areas, except for valid law enforcement purposes.

(8) Introducing or otherwise releasing from within or into the Special Sanctuary Management Areas an introduced species, except species cultivated by aquaculture activities in state or federal waters pursuant to a valid lease, permit, license or other authorization issued by the State of Hawai`i Department of Natural Resources, or the National Marine Fisheries Service in effect on the effective date of the final regulation.

(9) Removing, damaging, or tampering with any historical or cultural resource within the sanctuary.

(10) Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, or other boundary markers related to the Sanctuary including boundary markers related to the Special Sanctuary Management Areas.

(11) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of either of the Acts or any regulations issued under either of the Acts.

(b) The prohibitions in paragraph (a) of this section do not apply to activities necessary to respond to emergencies threatening life, property or the environment; or to activities necessary for valid law enforcement purposes. However, while such activities are not subject to paragraphs (a)(1) through (11) of this section, this paragraph (b) does not exempt the activity from the underlying prohibition or restriction under other applicable laws and regulations (

e.g.,

MMPA, ESA, and CWA).

(c)(1) The prohibitions in this section do not apply to any activity authorized by any lease, permit, license, approval, or other authorization issued after the effective date of regulatory amendments to this section and issued by any Federal, State, or local authority of competent jurisdiction, provided that the applicant complies with 15 CFR 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities.

(2) The prohibitions in this section do not apply to activities associated with harbor maintenance including dredging of entrance channels, provided the applicant requests an authorization of a valid federal or state permit from the Director.

(d) The prohibitions in this section do not apply to any activity conducted in accordance with a general permit issued pursuant to § 922.188.

§ 922.185

Emergency regulations.

Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, or to minimize the imminent risk of such destruction, loss, or injury, any and all activities are subject to immediate temporary regulation, including prohibition. Before issuance of such regulations the Director shall consult to the extent practicable with any relevant Federal agency and the Governor of the State of Hawai`i. Emergency regulations shall not take effect in State waters of the Sanctuary until approved by the Governor of Hawai`i.

§ 922.186

Penalties; appeals.

(a) Pursuant to section 307 of the NMSA, each violation of either of the Acts, or any regulation in this subpart is subject to a civil penalty of not more than $100,000. Each such violation is subject to forfeiture of property or Sanctuary resources seized in accordance with section 307 of the NMSA. Each day of a continuing violation constitutes a separate violation.

(b) Regulations setting forth the procedures governing the administrative proceedings for assessment of civil penalties for enforcement reasons, issuance and use of written warnings, and release or forfeiture of seized property appear at 15 CFR part 904.

(c) A person subject to an action taken for enforcement reasons for violation of these regulations or either of the Acts may appeal pursuant to the applicable procedures in 15 CFR part 904.

§ 922.187

Interagency cooperation.

Under section 304(d) of the NMSA, Federal agency actions internal or external to a national marine sanctuary, including private activities authorized by licenses, leases, or permits, that are likely to destroy, cause the loss of, or injure any sanctuary resource are subject to consultation with the Director. The Federal agency proposing an action shall determine whether the activity is likely to destroy, cause the loss of, or injure a Sanctuary resource. To the extent practicable, consultation procedures under section 304(d) of the NMSA may be consolidated with interagency cooperation procedures required by other statutes, such as the ESA. The Director will attempt to provide coordinated review and analysis of all environmental requirements.

§ 922.188

Permit procedures and review criteria.

(a)

Authority to issue general permits.

The Director may allow a person to conduct an activity that would otherwise be prohibited by this subpart, through issuance of a general permit, provided the applicant complies with:

(1) The provisions of subpart E; and

(2) The relevant site specific regulations appearing in this subpart.

(b)

Sanctuary general permit categories.

The Director may issue a sanctuary general permit under this subpart, subject to such terms and conditions as he or she deems appropriate, if the Director finds that the proposed activity falls within one of the following categories:

(1) Research—activities that constitute scientific research on or scientific monitoring of national marine sanctuary resources or qualities;

(2) Education—activities that enhance public awareness, understanding, or appreciation of a national marine sanctuary or national marine sanctuary resources or qualities;

(3) Management—activities that assist in managing a national marine sanctuary; or

(4) Installation of submarine cables—activities that involve the installation of a submarine cable

(c)

Review criteria.

The Director shall not issue a permit under this subpart, unless he or she also finds that:

(1) The proposed activity will be conducted in a manner compatible with the primary objective of protection of national marine sanctuary resources and qualities, taking into account the following factors:

(i) The extent to which the conduct of the activity may diminish or enhance national marine sanctuary resources and qualities; and

(ii) Any indirect, secondary or cumulative effects of the activity.

(2) It is necessary to conduct the proposed activity within the national marine sanctuary to achieve its stated purpose;

(3) The methods and procedures proposed by the applicant are appropriate to achieve the proposed activity's stated purpose and eliminate, minimize, or mitigate adverse effects on sanctuary resources and qualities as much as possible;

(4) The duration of the proposed activity and its effects are no longer than necessary to achieve the activity's stated purpose;

(5) The expected end value of the activity to the furtherance of national marine sanctuary goals and purposes outweighs any potential adverse impacts on sanctuary resources and qualities from the conduct of the activity;

(6) The applicant is professionally qualified to conduct and complete the proposed activity;

(7) The applicant has adequate financial resources available to conduct and complete the proposed activity and terms and conditions of the permit;

(8) There are no other factors that would make the issuance of a permit for the activity inappropriate; and

(9) For the installation of submarine cables, the activity is not required to

meet criterion in § 922.188(c)(5), however, it must be compliant with all applicable permit requirements from the State of Hawai`i prior to consideration of approval for a sanctuary general permit.

Appendix A to Subpart Q of Part 922—Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu Boundary Description and Coordinates of the Lateral Boundary Closures and Excluded Areas

Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

Table A1—Coordinates for O`ahu

[South Unit]

Point ID No.

Latitude

Longitude

1

21.32908

−157.59613

2

21.32450

−157.58972

3

21.32370

−157.58183

4

21.31688

−157.57428

5

21.31280

−157.56408

6

21.30933

−157.56160

7

21.30358

−157.55573

8

21.30048

−157.55447

9

21.29697

−157.55477

10

21.29273

−157.55672

11

21.28485

−157.55673

12

21.28198

−157.55822

13

21.27330

−157.57037

14

21.26792

−157.57482

15

21.26257

−157.58341

16

21.26286

−157.58604

17

21.26233

−157.58793

18

21.25687

−157.59453

19

21.25527

−157.59808

20

21.25498

−157.60996

21

21.25599

−157.61382

22

21.25854

−157.61889

23

21.25950

−157.62353

24

21.25787

−157.62687

25

21.25896

−157.63431

26

21.25771

−157.63925

27

21.25701

−157.64764

28

21.25579

−157.65214

29

21.25488

−157.65769

30

21.25691

−157.66220

31

21.25535

−157.66722

32

21.25736

−157.67633

33

21.25591

−157.68225

34

21.25648

−157.68615

35

21.25622

−157.68892

36

21.25365

−157.69587

37

21.25401

−157.69999

38

21.25209

−157.70641

39

21.24458

−157.70903

40

21.24200

−157.70882

41

21.23830

−157.71003

42

21.23592

−157.71225

43

21.23203

−157.71399

44

21.23090

−157.71620

45

21.23209

−157.72239

46

21.23484

−157.72541

47

21.23959

−157.72534

48

21.24323

−157.72720

49

21.24570

−157.73037

50

21.24606

−157.73490

51

21.24458

−157.73833

52

21.24385

−157.74535

53

21.24427

−157.75741

54

21.24269

−157.76264

55

21.23895

−157.76426

56

21.23835

−157.76540

57

21.23856

−157.77153

58

21.23560

−157.78076

59

21.23745

−157.78753

60

21.23676

−157.79062

61

21.23317

−157.79489

62

21.23236

−157.79925

63

21.23336

−157.80369

64

21.23895

−157.81154

65

21.24343

−157.81909

66

21.24480

−157.82470

67

21.24832

−157.83465

68

21.25341

−157.84288

69 *

21.27112

−157.82373

70 *

21.27148

−157.82268

71 *

21.28530

−157.71885

72 *

21.28508

−157.71852

73 *

21.28152

−157.71197

74 *

21.28117

−157.71132

75 *

21.31080

−157.64947

76

21.32908

−157.59613

Table A2—Coordinates for O`ahu

[North Unit]

Point ID No.

Latitude

Longitude

1

21.62572

−158.15605

2

21.62698

−158.15253

3

21.63018

−158.14882

4

21.63263

−158.14758

5

21.63618

−158.14782

6

21.63775

−158.14707

7

21.64018

−158.14055

8

21.64092

−158.13853

9

21.64902

−158.12817

10

21.65185

−158.12633

11

21.65637

−158.12540

12

21.65833

−158.12413

13

21.68600

−158.10347

14

21.69572

−158.09703

15

21.71565

−158.07783

16

21.71713

−158.07477

17

21.72210

−158.06985

18

21.72628

−158.06348

19

21.73272

−158.05730

20

21.74755

−158.02945

21

21.74943

−158.01910

22

21.75342

−158.00808

23

21.75387

−158.00223

24

21.75268

−157.99743

25

21.75442

−157.99265

26

21.75487

−157.98272

27

21.75328

−157.96552

28

21.74898

−157.94772

29

21.74438

−157.93785

30

21.74428

−157.93470

31

21.73860

−157.92523

32

21.73230

−157.90733

33

21.72945

−157.90263

34

21.72307

−157.89587

35

21.71758

−157.89490

36

21.71525

−157.89268

37

21.70803

−157.89025

38

21.70027

−157.89058

39

21.69265

−157.88755

40

21.68493

−157.88752

41

21.68057

−157.88633

42

21.67202

−157.88228

43

21.66358

−157.88037

44

21.66267

−157.87958

45

21.65977

−157.87975

46

21.64427

−157.87622

47

21.64232

−157.87615

48

21.63667

−157.87812

49

21.62942

−157.88288

50

21.62860

−157.87927

51

21.63042

−157.87293

52

21.62833

−157.86775

53

21.62230

−157.86168

54

21.61802

−157.85973

55

21.61662

−157.85815

56

21.60818

−157.85312

57

21.60318

−157.85148

58

21.60112

−157.84863

59

21.60057

−157.84235

60

21.59228

−157.83485

61 *

21.56008

−157.86468

62 *

21.59652

−158.10447

63 *

21.59665

−158.10623

64 *

21.59032

−158.11052

65

21.62572

−158.15605

Table A3—Coordinates for Hawai`i

Point ID No.

Latitude

Longitude

1

19.72820

−156.07070

2

19.74638

−156.08033

3

19.75238

−156.08583

4

19.76020

−156.08825

5

19.76710

−156.09513

6

19.77235

−156.09770

7

19.77420

−156.09957

8

19.77997

−156.10303

9

19.78632

−156.10583

10

19.79402

−156.10500

11

19.80128

−156.10128

12

19.80793

−156.10138

13

19.81478

−156.10368

14

19.82020

−156.09995

15

19.82643

−156.09878

16

19.82990

−156.09452

17

19.83465

−156.09272

18

19.83825

−156.08903

19

19.84435

−156.08602

20

19.84955

−156.08180

21

19.86100

−156.06607

22

19.86765

−156.06058

23

19.87067

−156.05617

24

19.87792

−156.05047

25

19.88778

−156.03225

26

19.89058

−156.02537

27

19.89310

−156.02333

28

19.89577

−156.01848

29

19.89833

−156.01650

30

19.90100

−156.01283

31

19.90095

−155.99682

32

19.90393

−155.99113

33

19.91243

−155.98405

34

19.91827

−155.98243

35

19.91887

−155.98158

36

19.91867

−155.97758

37

19.91940

−155.97610

38

19.93102

−155.96323

39

19.93617

−155.95458

40

19.94508

−155.95090

41

19.94813

−155.94660

42

19.95618

−155.93978

43

19.96008

−155.93823

44

19.96837

−155.92900

45

19.97177

−155.92720

46

19.97325

−155.92030

47

19.97715

−155.91145

48

19.97790

−155.90632

49

19.97760

−155.90197

50

19.97928

−155.90040

51

19.98177

−155.89140

52

19.98792

−155.88842

53

19.98618

−155.88500

54

19.98578

−155.88182

55

19.98887

−155.87670

56

19.99193

−155.87428

57

19.99992

−155.87262

58

20.00543

−155.86988

59

20.01147

−155.86885

60

20.01840

−155.86913

61

20.02153

−155.86528

62

20.02522

−155.86618

63

20.02783

−155.86515

64

20.02953

−155.86607

65

20.03335

−155.86462

66

20.04083

−155.86840

67

20.04510

−155.86663

68

20.04722

−155.86658

69

20.05252

−155.86952

70

20.06375

−155.88248

71

20.07272

−155.88863

72

20.07505

−155.89213

73

20.08533

−155.90185

74

20.09967

−155.91227

75

20.11200

−155.91650

76

20.12552

−155.91740

77

20.13142

−155.92098

78

20.13368

−155.92155

79

20.13907

−155.92028

80

20.14232

−155.92040

81

20.14765

−155.92278

82

20.15287

−155.92343

83

20.15903

−155.92648

84

20.16653

−155.92895

85

20.19312

−155.93315

86

20.20423

−155.93768

87

20.21275

−155.93537

88

20.23595

−155.93248

89

20.24477

−155.93230

90

20.24652

−155.93118

91

20.25287

−155.92953

92

20.26058

−155.92368

93

20.26625

−155.92138

94

20.27477

−155.91627

95

20.27647

−155.91430

96

20.27857

−155.90785

97

20.28822

−155.90010

98

20.29183

−155.89487

99

20.29430

−155.88873

100

20.29940

−155.88160

101

20.30082

−155.87262

102

20.29998

−155.85477

103 *

20.26632

−155.84972

104 *

20.04058

−155.83260

105 *

20.03723

−155.83398

106 *

19.72743

−156.05997

107

19.72820

−156.07070

Table A4—Coordinates for Ni`ihau

Point ID No.

Latitude

Longitude

1

22.07833

−160.09322

2

22.07125

−160.06682

3

22.06053

−160.05058

4

22.04732

−160.04022

5

22.03098

−160.01508

6

22.02058

−160.00642

7

22.00180

−159.99755

8

21.98923

−159.99403

9

21.97612

−159.99393

10

21.96343

−159.99748

11

21.94782

−160.00603

12

21.94007

−160.01277

13

21.93222

−160.02352

14

21.92785

−160.02667

15

21.91240

−160.02077

16

21.89087

−160.01980

17

21.87503

−160.02447

18

21.86247

−160.03313

19

21.85348

−160.04393

20

21.83285

−160.08297

21

21.82932

−160.09280

22

21.82383

−160.12060

23

21.81035

−160.12827

24

21.80100

−160.13682

25

21.79595

−160.13930

26

21.76847

−160.14730

27

21.75925

−160.15167

28

21.74372

−160.16375

29

21.73393

−160.17817

30

21.72868

−160.19583

31

21.72945

−160.21530

32

21.73638

−160.23768

33

21.74675

−160.25835

34

21.75333

−160.26830

35

21.77392

−160.28798

36

21.79732

−160.29788

37

21.81468

−160.30028

38

21.85032

−160.30002

39

21.86553

−160.29553

40

21.87738

−160.28843

41

21.89507

−160.28757

42

21.91643

−160.28028

43

21.92902

−160.27102

44

21.94070

−160.25435

45

21.95347

−160.24342

46

21.96832

−160.23835

47

21.97933

−160.23058

48

21.98935

−160.21923

49

21.99598

−160.20712

50

21.99950

−160.19353

51

21.99963

−160.17980

52

22.00912

−160.17750

53

22.01812

−160.17322

54

22.03043

−160.16303

55

22.03718

−160.15415

56

22.04843

−160.14998

57

22.05858

−160.14325

58

22.06998

−160.13037

59

22.07723

−160.11288

60

22.07833

−160.09322

Table A5—Coordinates for Kaua`i

Point ID No.

Latitude

Longitude

1

22.23023

−159.64483

2

22.23658

−159.64328

3

22.23943

−159.64090

4

22.24108

−159.63825

5

22.24470

−159.62752

6

22.24473

−159.62460

7

22.24307

−159.61835

8

22.24340

−159.61615

9

22.24463

−159.61438

10

22.25070

−159.61090

11

22.25657

−159.60623

12

22.26618

−159.60690

13

22.27078

−159.60590

14

22.27325

−159.60388

15

22.27597

−159.59985

16

22.28132

−159.58828

17

22.28415

−159.57682

18

22.28480

−159.56468

19

22.28368

−159.55173

20

22.28235

−159.54530

21

22.27953

−159.53727

22

22.27672

−159.53092

23

22.27338

−159.52600

24

22.26862

−159.52285

25

22.25572

−159.51848

26

22.25582

−159.51748

27

22.25715

−159.51645

28

22.26298

−159.51533

29

22.26462

−159.51383

30

22.26633

−159.50630

31

22.26647

−159.50227

32

22.26565

−159.49770

33

22.26370

−159.49392

34

22.25690

−159.48792

35

22.25665

−159.48692

36

22.25698

−159.48538

37

22.26030

−159.48210

38

22.26103

−159.47762

39

22.26042

−159.47528

40

22.25540

−159.46792

41

22.25335

−159.46128

42

22.25257

−159.43648

43

22.25127

−159.43093

44

22.24915

−159.42758

45

22.25142

−159.42245

46

22.25307

−159.40707

47

22.25303

−159.40242

48

22.25098

−159.39485

49

22.25357

−159.39000

50

22.25407

−159.38732

51

22.25332

−159.38345

52

22.24883

−159.37198

53

22.24632

−159.36208

54

22.24883

−159.35590

55

22.24860

−159.35342

56

22.24527

−159.34928

57

22.23777

−159.34528

58

22.23575

−159.34155

59

22.23505

−159.33825

60 *

22.21353

−159.35087

61 *

22.21508

−159.49703

62 *

22.21378

−159.49672

63 *

22.21132

−159.59522

64

22.23023

−159.64483

Table A6—Coordinates for Maui Nui

Point ID No.

Latitude

Longitude

1

21.22380

−157.31272

2

21.21938

−157.31378

3

21.20960

−157.31750

4

21.19332

−157.33268

5

21.18093

−157.35280

6

21.17182

−157.37275

7

21.16902

−157.38062

8

21.16815

−157.38555

9

21.16502

−157.39072

10

21.16172

−157.40372

11

21.15897

−157.41582

12

21.15757

−157.42950

13

21.15815

−157.48270

14

21.15992

−157.49052

15

21.15977

−157.49598

16

21.16400

−157.51087

17

21.16420

−157.51713

18

21.16250

−157.52100

19

21.15935

−157.52552

20

21.14960

−157.54817

21

21.14587

−157.55430

22

21.13998

−157.56070

23

21.13005

−157.56862

24

21.12538

−157.57398

25

21.12152

−157.58915

26

21.12010

−157.59217

27

21.11398

−157.60032

28

21.11063

−157.61628

29

21.10790

−157.62245

30

21.10395

−157.62590

31

21.10122

−157.62655

32

21.09598

−157.62547

33

21.09000

−157.62688

34

21.08793

−157.62815

35

21.08638

−157.64073

36

21.08667

−157.64747

37

21.08440

−157.65763

38

21.08087

−157.65977

39

21.07898

−157.65933

40

21.07202

−157.65358

41

21.07042

−157.65293

42

21.06740

−157.65387

43

21.06593

−157.65628

44

21.06712

−157.66142

45

21.06480

−157.66490

46

21.05858

−157.66980

47

21.04922

−157.67460

48

21.04823

−157.67893

49

21.04197

−157.68637

50

21.03627

−157.68960

51

21.03428

−157.69402

52

21.02722

−157.69850

53

21.02428

−157.70122

54

21.02362

−157.70432

55

21.02553

−157.70895

56

21.02268

−157.71652

57

21.01285

−157.71805

58

20.99600

−157.72255

59

20.99253

−157.72507

60

20.98757

−157.73145

61

20.98167

−157.73470

62

20.96713

−157.73572

63

20.95993

−157.73808

64

20.95725

−157.74017

65

20.95113

−157.75002

66

20.93860

−157.75783

67

20.93642

−157.75822

68

20.92492

−157.75177

69

20.92162

−157.75163

70

20.90925

−157.75475

71

20.90548

−157.75652

72

20.90228

−157.75925

73

20.89710

−157.76182

74

20.89360

−157.76263

75

20.88710

−157.76087

76

20.88213

−157.75663

77

20.87747

−157.74822

78

20.87683

−157.74167

79

20.87448

−157.73667

80

20.87213

−157.73533

81

20.86733

−157.73457

82

20.86332

−157.73522

83

20.85518

−157.73948

84

20.85253

−157.73885

85

20.85070

−157.73525

86

20.84945

−157.72498

87

20.84920

−157.71832

88

20.85037

−157.71212

89

20.85000

−157.70652

90

20.85162

−157.70387

91

20.85670

−157.70343

92

20.86250

−157.69857

93

20.86502

−157.69475

94

20.86575

−157.69173

95

20.86383

−157.68598

96

20.86427

−157.67730

97

20.86502

−157.67523

98

20.87097

−157.66773

99

20.87222

−157.66545

100

20.87347

−157.65898

101

20.87715

−157.65485

102

20.87782

−157.65067

103

20.88127

−157.64455

104

20.88223

−157.64138

105

20.88267

−157.63830

106

20.88217

−157.63645

107

20.88363

−157.63063

108

20.88650

−157.62785

109

20.88775

−157.61990

110

20.89247

−157.61262

111

20.89350

−157.60863

112

20.89658

−157.60333

113

20.90247

−157.58420

114

20.91300

−157.57330

115

20.91492

−157.56742

116

20.91800

−157.56410

117

20.92455

−157.54203

118

20.92668

−157.54018

119

20.92918

−157.53400

120

20.93228

−157.51517

121

20.93332

−157.51258

122

20.93677

−157.51002

123

20.95480

−157.51053

124

20.95687

−157.50825

125

20.96230

−157.50560

126

20.96370

−157.50022

127

20.96297

−157.48638

128

20.96348

−157.47968

129

20.96643

−157.46747

130

20.96768

−157.45805

131

20.96547

−157.44568

132

20.96437

−157.43420

133

20.96467

−157.43267

134

20.96665

−157.41177

135

20.96680

−157.40153

136

20.96775

−157.39682

137

20.97320

−157.36605

138

20.97452

−157.36303

139

20.98998

−157.34743

140

20.99072

−157.32977

141

20.99190

−157.32160

142

20.99507

−157.30917

143

20.99557

−157.30762

144

21.01912

−157.29510

145

21.02553

−157.28297

146

21.02898

−157.26972

147

21.02618

−157.26433

148

21.02597

−157.26192

149

21.02657

−157.25772

150

21.03008

−157.25323

151

21.03068

−157.25138

152

21.03127

−157.24270

153

21.03105

−157.23557

154

21.02877

−157.23173

155

21.02883

−157.23033

156

21.03318

−157.22548

157

21.03473

−157.21687

158

21.03693

−157.21223

159

21.03942

−157.20958

160

21.04333

−157.20678

161

21.05092

−157.20428

162

21.05768

−157.19582

163

21.06085

−157.19302

164

21.06012

−157.18750

165

21.05820

−157.18183

166

21.05783

−157.17373

167

21.05667

−157.16718

168

21.05673

−157.15313

169

21.05122

−157.14150

170

21.05137

−157.13833

171

21.05490

−157.12958

172

21.05658

−157.12333

173

21.05777

−157.11310

174

21.06042

−157.10125

175

21.05923

−157.09455

176

21.05238

−157.08093

177

21.05062

−157.07527

178

21.05040

−157.06997

179

21.05357

−157.06217

180

21.04458

−157.03868

181

21.04128

−157.03603

182

21.03502

−157.03472

183

21.03282

−157.03332

184

21.03023

−157.02985

185

21.02795

−157.02198

186

21.02663

−157.02110

187

21.02207

−157.01955

188

21.01817

−157.01955

189

21.01662

−157.01742

190

21.01463

−157.01638

191

21.00640

−157.01808

192

20.99727

−157.01573

193

20.98770

−157.01522

194

20.98408

−157.01690

195

20.98107

−157.01550

196

20.97945

−157.01595

197

20.97710

−157.01823

198

20.97673

−157.01983

199

20.97555

−157.02418

200

20.97438

−157.02595

201

20.96178

−157.03588

202

20.94892

−157.05282

203

20.94023

−157.06210

204

20.93478

−157.07343

205

20.92853

−157.07895

206

20.92522

−157.08462

207

20.92205

−157.08578

208

20.91807

−157.08542

209

20.91182

−157.08727

210

20.90468

−157.08793

211

20.89902

−157.09013

212

20.89622

−157.09013

213

20.88202

−157.08462

214

20.87450

−157.07998

215

20.86427

−157.07152

216

20.85168

−157.05885

217

20.84647

−157.05157

218

20.84462

−157.04532

219

20.84433

−157.03795

220

20.84300

−157.03280

221

20.83932

−157.02625

222

20.83248

−157.01757

223

20.82192

−157.01188

224

20.79377

−157.00950

225

20.77772

−157.00940

226

20.77303

−157.00873

227

20.76695

−157.00653

228

20.76258

−157.00627

229

20.75048

−157.00143

230

20.74437

−156.99613

231

20.73483

−156.98978

232

20.73038

−156.98588

233

20.72995

−156.98367

234

20.72655

−156.97945

235

20.72133

−156.97505

236

20.71268

−156.96152

237

20.71115

−156.95765

238

20.71073

−156.94107

239

20.70910

−156.93135

240

20.71043

−156.92313

241

20.70872

−156.90960

242

20.70872

−156.90348

243

20.70570

−156.88575

244

20.70790

−156.88125

245

20.71742

−156.87293

246

20.72425

−156.86528

247

20.72860

−156.86423

248

20.73072

−156.86198

249

20.73190

−156.85750

250

20.73430

−156.85262

251

20.74113

−156.84095

252

20.74228

−156.83092

253

20.74180

−156.82460

254

20.74467

−156.82188

255

20.74553

−156.81897

256

20.74390

−156.81242

257

20.73865

−156.80897

258

20.73578

−156.80897

259

20.73258

−156.81285

260

20.73162

−156.81298

261

20.73018

−156.81117

262

20.73072

−156.80515

263

20.73440

−156.79635

264

20.73440

−156.79377

265

20.73277

−156.79140

266

20.73233

−156.79100

267

20.72818

−156.79143

268

20.72568

−156.78875

269

20.72268

−156.77808

270

20.72253

−156.76680

271

20.72077

−156.76490

272

20.71900

−156.76422

273

20.71513

−156.76518

274

20.71360

−156.76490

275

20.71278

−156.76380

276

20.71140

−156.75772

277

20.71307

−156.74668

278

20.71230

−156.74228

279

20.71150

−156.67635

280

20.71097

−156.67578

281

20.71102

−156.67300

282

20.70915

−156.67110

283

20.71078

−156.66870

284

20.70685

−156.66297

285

20.70728

−156.65585

286

20.70332

−156.64777

287

20.70265

−156.64542

288

20.70337

−156.64260

289

20.69858

−156.63638

290

20.69645

−156.63420

291

20.69583

−156.63433

292

20.69423

−156.61873

293

20.69538

−156.61478

294

20.69342

−156.61248

295

20.69113

−156.60780

296

20.69045

−156.60747

297

20.68873

−156.60913

298

20.68735

−156.60832

299

20.68663

−156.60253

300

20.68497

−156.60053

301

20.67722

−156.59785

302

20.67115

−156.59112

303

20.66143

−156.58503

304

20.65910

−156.58480

305

20.65642

−156.58662

306

20.65585

−156.58633

307

20.65537

−156.58447

308

20.65312

−156.58217

309

20.65337

−156.57010

310

20.65083

−156.55297

311

20.64968

−156.54895

312

20.64765

−156.54352

313

20.64352

−156.53553

314

20.63307

−156.52033

315

20.62652

−156.51245

316

20.62168

−156.50818

317

20.61412

−156.50335

318

20.60713

−156.49718

319

20.59948

−156.49223

320

20.60063

−156.48987

321

20.60027

−156.48925

322

20.59627

−156.49012

323

20.59472

−156.48835

324

20.59463

−156.48693

325

20.59660

−156.48332

326

20.59640

−156.48128

327

20.59423

−156.47673

328

20.59567

−156.47567

329

20.59970

−156.47500

330

20.60118

−156.47580

331

20.60418

−156.47960

332

20.60553

−156.47990

333

20.60627

−156.47863

334

20.60623

−156.47563

335

20.60750

−156.47080

336

20.60188

−156.46703

337

20.59798

−156.46570

338

20.58188

−156.46357

339

20.57773

−156.45373

340

20.57488

−156.45112

341

20.57272

−156.44752

342 *

20.58308

−156.41192

343 *

20.79025

−156.51013

344 *

20.79033

−156.51097

345 *

20.87173

−156.67920

346

20.87192

−156.67931

347 *

20.87229

−156.67855

348 *

21.02445

−156.63918

349

21.07042

−156.66362

350

21.08872

−156.67335

351 *

21.15802

−156.71095

352 *

21.15843

−156.70948

353 *

21.08595

−157.02030

354

21.07737

−157.02810

355

21.08035

−157.03287

356 *

21.08802

−157.02589

357 *

21.08465

−157.24863

358 *

21.08382

−157.24965

359 *

21.22350

−157.25400

360 *

21.22442

−157.25400

361

21.22380

−157.31272

362 *

20.78593

−156.99232

363 *

20.78308

−156.99152

364 *

20.74253

−156.88680

365 *

20.74317

−156.88740

Note:

The coordinates in the table above marked with an asterisk (*) are not a part of the sanctuary boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.

Appendix B to Subpart Q of Part 922—Special Sanctuary Management Area Boundaries

Coordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.

B.1 Maunalua Bay Special Sanctuary Management Area

The Maunalua SSMA extends throughout the sanctuary waters in Maunalua Bay south of Oahu and is defined by the coordinates in table B1 and the following textual description. Point 1 of the SSMA boundary is located roughly 1.3 nautical miles SE of Kūpikipiki`ō Point (Black Point) on the sanctuary boundary. From Point 1 the SSMA boundary extends along the sanctuary boundary to the east to Point 21 roughly 0.5 nautical miles south of Kawaihoa Point, Koko Head. From Point 21 the SSMA boundary extends towards Point 22 until it intersects the shoreline. From this intersection the boundary follows the shoreline to the west around Kawaihoa Point and north around Maunalua Bay until it intersects the line segment between Point 23 and Point 24 at the eastern entrance to Hawaii Kai Marina. From this intersection the boundary moves towards Point 24 across the entrance to the marina until it intersects the shoreline again. The boundary then follows the shoreline westward until it intersects the line segment between Point 25 and Point 26 at the western entrance to the Hawaii Kai Marina. From this intersection the boundary moves towards Point 26 across the entrance to the marina until it intersects the shoreline again. The

boundary then follows the shoreline westward continuing around Maunalua Bay until it intersects the line segment between Point 27 and Point 28 at Kūpikipiki`ō Point (Black Point). From this intersection the boundary extends seaward to the SE to Point 28.

Table B1—Coordinates for Maunalua Bay

Point ID No.

Latitude

Longitude

1

21.23560

−157.78076

2

21.23856

−157.77153

3

21.23835

−157.76540

4

21.23895

−157.76426

5

21.24269

−157.76264

6

21.24427

−157.75741

7

21.24385

−157.74535

8

21.24458

−157.73833

9

21.24606

−157.73490

10

21.24570

−157.73037

11

21.24323

−157.72720

12

21.23959

−157.72534

13

21.23484

−157.72541

14

21.23209

−157.72239

15

21.23090

−157.71620

16

21.23203

−157.71399

17

21.23592

−157.71225

18

21.23830

−157.71003

19

21.24200

−157.70882

20

21.24458

−157.70903

21

21.25209

−157.70641

22 *

21.25964

−157.70717

23 *

21.28117

−157.71132

24 *

21.28152

−157.71197

25 *

21.28508

−157.71852

26 *

21.28530

−157.71885

27 *

21.25545

−157.79180

28

21.23560

−157.78076

Note:

The coordinates in the table above marked with an asterisk (*) are not a part of the sanctuary boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.

B.2 Penguin Bank Special Sanctuary Management Area

The Penguin Bank SSMA extends throughout the federal waters of the Penguin Bank area southwest of Moloka`i and is defined by the coordinates in table B2 and the following textual description. The SSMA boundary begins roughly 3.3 nautical miles west of `Īlio Point off the northwest tip of Moloka`i at Point 1 at the intersection of the sanctuary boundary and the three nautical mile line. From Point 1 the SSMA boundary follows the sanctuary boundary to the SW and then back around Penguin Bank to the NE to Point 158 located at the intersection of the sanctuary boundary and the three nautical mile line to the SSW of Lono Harbor on Moloka`i. From Point 158 the SSMA boundary approximates the three nautical mile line extending west and then north to Point 185 west of northwest tip of Moloka'i.

Table B2—Coordinates for Penguin Bank

Point ID No.

Latitude

Longitude

1

21.21938

−157.31378

2

21.20960

−157.31750

3

21.19332

−157.33268

4

21.18093

−157.35280

5

21.17182

−157.37275

6

21.16902

−157.38062

7

21.16815

−157.38555

8

21.16502

−157.39072

9

21.16172

−157.40372

10

21.15897

−157.41582

11

21.15757

−157.42950

12

21.15815

−157.48270

13

21.15992

−157.49052

14

21.15977

−157.49598

15

21.16400

−157.51087

16

21.16420

−157.51713

17

21.16250

−157.52100

18

21.15935

−157.52552

19

21.14960

−157.54817

20

21.14587

−157.55430

21

21.13998

−157.56070

22

21.13005

−157.56862

23

21.12538

−157.57398

24

21.12152

−157.58915

25

21.12010

−157.59217

26

21.11398

−157.60032

27

21.11063

−157.61628

28

21.10790

−157.62245

29

21.10395

−157.62590

30

21.10122

−157.62655

31

21.09598

−157.62547

32

21.09000

−157.62688

33

21.08793

−157.62815

34

21.08638

−157.64073

35

21.08667

−157.64747

36

21.08440

−157.65763

37

21.08087

−157.65977

38

21.07898

−157.65933

39

21.07202

−157.65358

40

21.07042

−157.65293

41

21.06740

−157.65387

42

21.06593

−157.65628

43

21.06712

−157.66142

44

21.06480

−157.66490

45

21.05858

−157.66980

46

21.04922

−157.67460

47

21.04823

−157.67893

48

21.04197

−157.68637

49

21.03627

−157.68960

50

21.03428

−157.69402

51

21.02722

−157.69850

52

21.02428

−157.70122

53

21.02362

−157.70432

54

21.02553

−157.70895

55

21.02268

−157.71652

56

21.01285

−157.71805

57

20.99600

−157.72255

58

20.99253

−157.72507

59

20.98757

−157.73145

60

20.98167

−157.73470

61

20.96713

−157.73572

62

20.95993

−157.73808

63

20.95725

−157.74017

64

20.95113

−157.75002

65

20.93860

−157.75783

66

20.93642

−157.75822

67

20.92492

−157.75177

68

20.92162

−157.75163

69

20.90925

−157.75475

70

20.90548

−157.75652

71

20.90228

−157.75925

72

20.89710

−157.76182

73

20.89360

−157.76263

74

20.88710

−157.76087

75

20.88213

−157.75663

76

20.87747

−157.74822

77

20.87683

−157.74167

78

20.87448

−157.73667

79

20.87213

−157.73533

80

20.86733

−157.73457

81

20.86332

−157.73522

82

20.85518

−157.73948

83

20.85253

−157.73885

84

20.85070

−157.73525

85

20.84945

−157.72498

86

20.84920

−157.71832

87

20.85037

−157.71212

88

20.85000

−157.70652

89

20.85162

−157.70387

90

20.85670

−157.70343

91

20.86250

−157.69857

92

20.86502

−157.69475

93

20.86575

−157.69173

94

20.86383

−157.68598

95

20.86427

−157.67730

96

20.86502

−157.67523

97

20.87097

−157.66773

98

20.87222

−157.66545

99

20.87347

−157.65898

100

20.87715

−157.65485

101

20.87782

−157.65067

102

20.88127

−157.64455

103

20.88223

−157.64138

104

20.88267

−157.63830

105

20.88217

−157.63645

106

20.88363

−157.63063

107

20.88650

−157.62785

108

20.88775

−157.61990

109

20.89247

−157.61262

110

20.89350

−157.60863

111

20.89658

−157.60333

112

20.90247

−157.58420

113

20.91300

−157.57330

114

20.91492

−157.56742

115

20.91800

−157.56410

116

20.92455

−157.54203

117

20.92668

−157.54018

118

20.92918

−157.53400

119

20.93228

−157.51517

120

20.93332

−157.51258

121

20.93677

−157.51002

122

20.95480

−157.51053

123

20.95687

−157.50825

124

20.96230

−157.50560

125

20.96370

−157.50022

126

20.96297

−157.48638

127

20.96348

−157.47968

128

20.96643

−157.46747

129

20.96768

−157.45805

130

20.96547

−157.44568

131

20.96437

−157.43420

132

20.96467

−157.43267

133

20.96665

−157.41177

134

20.96680

−157.40153

135

20.96775

−157.39682

136

20.97320

−157.36605

137

20.97452

−157.36303

138

20.98998

−157.34743

139

20.99072

−157.32977

140

20.99190

−157.32160

141

20.99507

−157.30917

142

20.99557

−157.30762

143

21.01912

−157.29510

144

21.02553

−157.28297

145

21.02898

−157.26972

146

21.02618

−157.26433

147

21.02597

−157.26192

148

21.02657

−157.25772

149

21.03008

−157.25323

150

21.03068

−157.25138

151

21.03127

−157.24270

152

21.03105

−157.23557

153

21.02877

−157.23173

154

21.02883

−157.23033

155

21.03318

−157.22548

156

21.03473

−157.21687

157

21.03693

−157.21223

158

21.03942

−157.20958

159

21.03807

−157.22824

160

21.03587

−157.23534

161

21.03443

−157.24328

162

21.03422

−157.25383

163

21.03594

−157.26426

164

21.04060

−157.27854

165

21.04294

−157.29650

166

21.04342

−157.30569

167

21.04481

−157.31271

168

21.04893

−157.32567

169

21.05564

−157.33776

170

21.06479

−157.34835

171

21.07731

−157.35771

172

21.08558

−157.36150

173

21.09584

−157.36398

174

21.10581

−157.36422

175

21.11550

−157.36240

176

21.12477

−157.35857

177

21.13269

−157.35324

178

21.14126

−157.35083

179

21.15314

−157.34602

180

21.16897

−157.33692

181

21.17781

−157.33065

182

21.18854

−157.32154

183

21.19845

−157.30977

184

21.20836

−157.31292

185

21.21938

−157.31378

B.3 Maui Nui Special Sanctuary Management Area

The Maui Nui Special Sanctuary Management Area (SSMA) extends throughout the federal waters of the Maui Nui area between Maui, Moloka`i and Lana`i and is defined by the coordinates in table B3 and the following textual description. Point 1 of the SSMA boundary is located at approximately the intersection of the Moloka`i three nautical mile line and the sanctuary boundary south of Kaunakakai on Moloka'i near the Kalohi Channel. From Point 1, the SSMA boundary extends eastward approximating the three nautical mile line south of the Moloka`i coastline to Point 29 in numerical order at approximately the intersection of the Moloka`i three nautical mile line and the sanctuary boundary line that extends across Pailolo Channel from Cape Halawa on Moloka`i to Lipoa Pt. on Maui. From Point 29, the SSMA boundary extends southeast to Point 30 at approximately the intersection of the Maui three nautical mile line and the sanctuary boundary line NW of Lipoa Point on Maui. From Point 30, the SSMA boundary curves southwest and then southeast approximating the three nautical mile line west and south of the Maui coastline until it intersects the Kaho`olawe three nautical mile line and the sanctuary boundary WNW of Molokini between Maui and Kaho`olawe at Point 87. From Point 87 the SSMA boundary briefly approximates the Kaho`'olawe three mile line extending west to Point 90 at the intersection of the three nautical mile line north of the coastline of Kaho`olawe and the sanctuary boundary. From Point 90, the SSMA boundary extends west along the sanctuary boundary across the Kealaikahiki Channel until it intersects the Lana`i three nautical mile line SE of Kamaiki Point at Point 133. From Point 133 the SSMA boundary extends north and then NW to the east of Lana`i to Point 161 at the intersection of the Lana`i three nautical mile line and the sanctuary boundary NW of Pohakuloa Point on Lana`i. From Point 161 the SSMA boundary then follows the sanctuary boundary north across the Kalohi Channel until it intersects with the Moloka'i three nautical mile line at Point 175 south of Kaunakakai on Moloka'i.

Table B3—Coordinates for Maui Nui

Point ID No.

Latitude

Longitude

1

21.03023

−157.02985

2

21.03049

−157.02138

3

21.02705

−157.00787

4

21.02346

−157.00062

5

21.02127

−156.99402

6

21.01712

−156.97004

7

21.01445

−156.96069

8

21.00991

−156.93421

9

21.00547

−156.91735

10

20.99932

−156.90155

11

20.99696

−156.89138

12

20.99586

−156.87167

13

20.99663

−156.86473

14

20.99893

−156.85595

15

20.99884

−156.84286

16

21.00206

−156.82933

17

21.00980

−156.81031

18

21.01616

−156.80073

19

21.01808

−156.78962

20

21.02005

−156.78311

21

21.02869

−156.76519

22

21.03652

−156.75394

23

21.04036

−156.74628

24

21.04407

−156.74093

25

21.05202

−156.73280

26

21.06728

−156.71150

27

21.08102

−156.69629

28

21.08312

−156.68590

29

21.08871

−156.67334

30

21.07042

−156.66361

31

21.06248

−156.67605

32

21.05499

−156.68365

33

21.05109

−156.69316

34

21.04752

−156.69903

35

21.04327

−156.70435

36

21.03575

−156.71112

37

21.02408

−156.71747

38

21.01320

−156.72087

39

21.00803

−156.72176

40

20.98584

−156.73247

41

20.97786

−156.73546

42

20.96520

−156.74238

43

20.95575

−156.74497

44

20.94800

−156.74578

45

20.94098

−156.74854

46

20.93456

−156.75000

47

20.91471

−156.75057

48

20.90157

−156.74803

49

20.88914

−156.74198

50

20.87936

−156.74188

51

20.86963

−156.74032

52

20.86037

−156.73677

53

20.85463

−156.73336

54

20.84464

−156.72480

55

20.83061

−156.71496

56

20.82338

−156.70795

57

20.81548

−156.69811

58

20.80430

−156.69025

59

20.79795

−156.68372

60

20.79212

−156.67581

61

20.78533

−156.67177

62

20.77577

−156.66422

63

20.76699

−156.65388

64

20.76102

−156.64148

65

20.75919

−156.63461

66

20.75725

−156.62101

67

20.75108

−156.61012

68

20.74827

−156.60341

69

20.74598

−156.59654

70

20.74409

−156.58607

71

20.73787

−156.57521

72

20.73108

−156.56518

73

20.72588

−156.55239

74

20.72436

−156.54448

75

20.72389

−156.53404

76

20.72499

−156.52123

77

20.72788

−156.50927

78

20.71633

−156.50584

79

20.70620

−156.50062

80

20.69323

−156.49907

81

20.68368

−156.49924

82

20.68075

−156.51493

83

20.67829

−156.52150

84

20.67322

−156.53047

85

20.66401

−156.54055

86

20.65861

−156.54451

87

20.64968

−156.54895

88

20.65083

−156.55297

89

20.65337

−156.57010

90

20.65312

−156.58217

91

20.65537

−156.58447

92

20.65585

−156.58633

93

20.65642

−156.58662

94

20.65910

−156.58480

95

20.66143

−156.58503

96

20.67115

−156.59112

97

20.67722

−156.59785

98

20.68497

−156.60053

99

20.68663

−156.60253

100

20.68735

−156.60832

101

20.68873

−156.60913

102

20.69045

−156.60747

103

20.69113

−156.60780

104

20.69342

−156.61248

105

20.69538

−156.61478

106

20.69423

−156.61873

107

20.69583

−156.63433

108

20.69645

−156.63420

109

20.69858

−156.63638

110

20.70337

−156.64260

111

20.70265

−156.64542

112

20.70332

−156.64777

113

20.70728

−156.65585

114

20.70685

−156.66297

115

20.71078

−156.66870

116

20.70915

−156.67110

117

20.71102

−156.67300

118

20.71097

−156.67578

119

20.71150

−156.67635

120

20.71230

−156.74228

121

20.71307

−156.74668

122

20.71140

−156.75772

123

20.71278

−156.76380

124

20.71360

−156.76490

125

20.71513

−156.76518

126

20.71900

−156.76422

127

20.72077

−156.76490

128

20.72253

−156.76680

129

20.72268

−156.77808

130

20.72568

−156.78875

131

20.72818

−156.79143

132

20.73233

−156.79100

133

20.73277

−156.79140

134

20.74336

−156.78335

135

20.75400

−156.77792

136

20.76659

−156.76785

137

20.78643

−156.75726

138

20.79940

−156.75340

139

20.81653

−156.75192

140

20.83137

−156.75336

141

20.84395

−156.75769

142

20.85576

−156.76497

143

20.86235

−156.77027

144

20.87463

−156.77687

145

20.88903

−156.78849

146

20.90091

−156.80067

147

20.91454

−156.81671

148

20.92819

−156.83095

149

20.93291

−156.83751

150

20.94170

−156.84610

151

20.95280

−156.86190

152

20.96241

−156.88264

153

20.96897

−156.90386

154

20.97007

−156.91505

155

20.97363

−156.93338

156

20.97388

−156.96004

157

20.97771

−156.97295

158

20.97947

−156.98352

159

20.97955

−156.99051

160

20.97670

−157.01397

161

20.97673

−157.01983

162

20.97710

−157.01823

163

20.97945

−157.01595

164

20.98107

−157.01550

165

20.98408

−157.01690

166

20.98770

−157.01522

167

20.99727

−157.01573

168

21.00640

−157.01808

169

21.01463

−157.01638

170

21.01662

−157.01742

171

21.01817

−157.01955

172

21.02207

−157.01955

173

21.02663

−157.02110

174

21.02795

−157.02198

175

21.03023

−157.02985

2. Revise § 922.48 to read as follows:

§ 922.48

National Marine Sanctuary permits—application procedures and issuance criteria.

(a) A person may conduct an activity prohibited by subparts F through O, and Q, if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subparts F through O, and Q, as appropriate. For the Florida Keys National Marine Sanctuary, a person may conduct an activity prohibited by subpart P if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under § 922.166. For the Thunder Bay National Marine Sanctuary and Underwater Preserve, a person may conduct an activity prohibited by subpart R in accordance with the scope, purpose, terms and conditions of a permit issued under § 922.195.

(b) Applications for permits to conduct activities otherwise prohibited by subparts F through O, and Q, should be addressed to the Director and sent to the address specified in subparts F through O, and Q, or subpart R, as appropriate. An application must include:

(1) A detailed description of the proposed activity including a timetable for completion;

(2) The equipment, personnel and methodology to be employed;

(3) The qualifications and experience of all personnel;

(4) The potential effects of the activity, if any, on Sanctuary resources and qualities; and

(5) Copies of all other required licenses, permits, approvals or other authorizations.

(c) Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems necessary to act on the application and may seek the views of any persons or entity, within or outside the Federal government, and may hold a public hearing, as deemed appropriate.

(d) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct a prohibited activity, in accordance with the criteria found in subparts F through O, and Q, or subpart R, as appropriate. The Director shall further impose, at a minimum, the conditions set forth in the relevant subpart.

(e) A permit granted pursuant to this section is nontransferable.

(f) The Director may amend, suspend, or revoke a permit issued pursuant to this section for good cause. The Director may deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms and conditions of a permit or of the regulations set forth in this section or subparts F through O,

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