Skip to Content

Proposed Rule

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

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble Start Printed Page 16224

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).

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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 Start Printed Page 16225and 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, Start Printed Page 16226resource 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 Start Printed Page 16227indicates 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 Start Printed Page 16228resources 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).Start Printed Page 16229

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 Start Printed Page 16230Register 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 Start Printed Page 16231the 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; Start Printed Page 16232

(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 Start Printed Page 16233property 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 Start Printed Page 16234from 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 Start Printed Page 162354 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).

Start List of Subjects

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
End List of Subjects Start Signature

Dated: March 13, 2015.

W. Russell Callender,

Acting Assistant Administrator for Ocean Services and Coastal Zone Management.

End Signature

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

Start Part

PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

End Part Start Amendment Part

1. Revise subpart Q to read as follows:

End Amendment Part
Subpart Q—Hawaiian Islands National Marine Sanctuary—Nā Kai `Ewalu
§ 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.

Start Authority

Authority: 16 U.S.C. 1431 et seq. and subtitle C, title II, Pub. L. 102-587, 106 Stat. 5055.

End Authority

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

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.

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 Start Printed Page 16236towards 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 Start Printed Page 16237between 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.

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.

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—Start Printed Page 16238

(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.

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.Start Printed Page 16239

(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.

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.

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.

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.

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 Start Printed Page 16240meet 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.LatitudeLongitude
121.32908−157.59613
221.32450−157.58972
321.32370−157.58183
421.31688−157.57428
521.31280−157.56408
621.30933−157.56160
721.30358−157.55573
821.30048−157.55447
921.29697−157.55477
1021.29273−157.55672
1121.28485−157.55673
1221.28198−157.55822
1321.27330−157.57037
1421.26792−157.57482
1521.26257−157.58341
1621.26286−157.58604
1721.26233−157.58793
1821.25687−157.59453
1921.25527−157.59808
2021.25498−157.60996
2121.25599−157.61382
2221.25854−157.61889
2321.25950−157.62353
2421.25787−157.62687
2521.25896−157.63431
2621.25771−157.63925
2721.25701−157.64764
2821.25579−157.65214
2921.25488−157.65769
3021.25691−157.66220
3121.25535−157.66722
3221.25736−157.67633
3321.25591−157.68225
3421.25648−157.68615
3521.25622−157.68892
3621.25365−157.69587
3721.25401−157.69999
3821.25209−157.70641
3921.24458−157.70903
4021.24200−157.70882
4121.23830−157.71003
4221.23592−157.71225
4321.23203−157.71399
4421.23090−157.71620
4521.23209−157.72239
4621.23484−157.72541
4721.23959−157.72534
4821.24323−157.72720
4921.24570−157.73037
5021.24606−157.73490
5121.24458−157.73833
5221.24385−157.74535
5321.24427−157.75741
5421.24269−157.76264
5521.23895−157.76426
5621.23835−157.76540
5721.23856−157.77153
5821.23560−157.78076
5921.23745−157.78753
6021.23676−157.79062
6121.23317−157.79489
6221.23236−157.79925
6321.23336−157.80369
6421.23895−157.81154
6521.24343−157.81909
6621.24480−157.82470
6721.24832−157.83465
6821.25341−157.84288
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
7621.32908−157.59613

Table A2—Coordinates for O`ahu

[North Unit]

Point ID No.LatitudeLongitude
121.62572−158.15605
221.62698−158.15253
321.63018−158.14882
421.63263−158.14758
521.63618−158.14782
621.63775−158.14707
721.64018−158.14055
821.64092−158.13853
921.64902−158.12817
1021.65185−158.12633
1121.65637−158.12540
1221.65833−158.12413
1321.68600−158.10347
1421.69572−158.09703
1521.71565−158.07783
1621.71713−158.07477
1721.72210−158.06985
1821.72628−158.06348
1921.73272−158.05730
2021.74755−158.02945
2121.74943−158.01910
2221.75342−158.00808
2321.75387−158.00223
2421.75268−157.99743
2521.75442−157.99265
2621.75487−157.98272
2721.75328−157.96552
2821.74898−157.94772
2921.74438−157.93785
3021.74428−157.93470
3121.73860−157.92523
3221.73230−157.90733
3321.72945−157.90263
3421.72307−157.89587
3521.71758−157.89490
3621.71525−157.89268
3721.70803−157.89025
3821.70027−157.89058
3921.69265−157.88755
4021.68493−157.88752
4121.68057−157.88633
4221.67202−157.88228
4321.66358−157.88037
4421.66267−157.87958
4521.65977−157.87975
4621.64427−157.87622
4721.64232−157.87615
4821.63667−157.87812
4921.62942−157.88288
5021.62860−157.87927
5121.63042−157.87293
5221.62833−157.86775
5321.62230−157.86168
5421.61802−157.85973
5521.61662−157.85815
5621.60818−157.85312
5721.60318−157.85148
5821.60112−157.84863
5921.60057−157.84235
6021.59228−157.83485
61 *21.56008−157.86468
62 *21.59652−158.10447
63 *21.59665−158.10623
64 *21.59032−158.11052
6521.62572−158.15605

Table A3—Coordinates for Hawai`i

Point ID No.LatitudeLongitude
119.72820−156.07070
219.74638−156.08033
319.75238−156.08583
419.76020−156.08825
519.76710−156.09513
619.77235−156.09770
719.77420−156.09957
819.77997−156.10303
919.78632−156.10583
1019.79402−156.10500
1119.80128−156.10128
1219.80793−156.10138
1319.81478−156.10368
1419.82020−156.09995
1519.82643−156.09878
1619.82990−156.09452
1719.83465−156.09272
1819.83825−156.08903
1919.84435−156.08602
2019.84955−156.08180
2119.86100−156.06607
2219.86765−156.06058
2319.87067−156.05617
2419.87792−156.05047
2519.88778−156.03225
2619.89058−156.02537
2719.89310−156.02333
2819.89577−156.01848
2919.89833−156.01650
3019.90100−156.01283
3119.90095−155.99682
3219.90393−155.99113
Start Printed Page 16241
3319.91243−155.98405
3419.91827−155.98243
3519.91887−155.98158
3619.91867−155.97758
3719.91940−155.97610
3819.93102−155.96323
3919.93617−155.95458
4019.94508−155.95090
4119.94813−155.94660
4219.95618−155.93978
4319.96008−155.93823
4419.96837−155.92900
4519.97177−155.92720
4619.97325−155.92030
4719.97715−155.91145
4819.97790−155.90632
4919.97760−155.90197
5019.97928−155.90040
5119.98177−155.89140
5219.98792−155.88842
5319.98618−155.88500
5419.98578−155.88182
5519.98887−155.87670
5619.99193−155.87428
5719.99992−155.87262
5820.00543−155.86988
5920.01147−155.86885
6020.01840−155.86913
6120.02153−155.86528
6220.02522−155.86618
6320.02783−155.86515
6420.02953−155.86607
6520.03335−155.86462
6620.04083−155.86840
6720.04510−155.86663
6820.04722−155.86658
6920.05252−155.86952
7020.06375−155.88248
7120.07272−155.88863
7220.07505−155.89213
7320.08533−155.90185
7420.09967−155.91227
7520.11200−155.91650
7620.12552−155.91740
7720.13142−155.92098
7820.13368−155.92155
7920.13907−155.92028
8020.14232−155.92040
8120.14765−155.92278
8220.15287−155.92343
8320.15903−155.92648
8420.16653−155.92895
8520.19312−155.93315
8620.20423−155.93768
8720.21275−155.93537
8820.23595−155.93248
8920.24477−155.93230
9020.24652−155.93118
9120.25287−155.92953
9220.26058−155.92368
9320.26625−155.92138
9420.27477−155.91627
9520.27647−155.91430
9620.27857−155.90785
9720.28822−155.90010
9820.29183−155.89487
9920.29430−155.88873
10020.29940−155.88160
10120.30082−155.87262
10220.29998−155.85477
103 *20.26632−155.84972
104 *20.04058−155.83260
105 *20.03723−155.83398
106 *19.72743−156.05997
10719.72820−156.07070

Table A4—Coordinates for Ni`ihau

Point ID No.LatitudeLongitude
122.07833−160.09322
222.07125−160.06682
322.06053−160.05058
422.04732−160.04022
522.03098−160.01508
622.02058−160.00642
722.00180−159.99755
821.98923−159.99403
921.97612−159.99393
1021.96343−159.99748
1121.94782−160.00603
1221.94007−160.01277
1321.93222−160.02352
1421.92785−160.02667
1521.91240−160.02077
1621.89087−160.01980
1721.87503−160.02447
1821.86247−160.03313
1921.85348−160.04393
2021.83285−160.08297
2121.82932−160.09280
2221.82383−160.12060
2321.81035−160.12827
2421.80100−160.13682
2521.79595−160.13930
2621.76847−160.14730
2721.75925−160.15167
2821.74372−160.16375
2921.73393−160.17817
3021.72868−160.19583
3121.72945−160.21530
3221.73638−160.23768
3321.74675−160.25835
3421.75333−160.26830
3521.77392−160.28798
3621.79732−160.29788
3721.81468−160.30028
3821.85032−160.30002
3921.86553−160.29553
4021.87738−160.28843
4121.89507−160.28757
4221.91643−160.28028
4321.92902−160.27102
4421.94070−160.25435
4521.95347−160.24342
4621.96832−160.23835
4721.97933−160.23058
4821.98935−160.21923
4921.99598−160.20712
5021.99950−160.19353
5121.99963−160.17980
5222.00912−160.17750
5322.01812−160.17322
5422.03043−160.16303
5522.03718−160.15415
5622.04843−160.14998
5722.05858−160.14325
5822.06998−160.13037
5922.07723−160.11288
6022.07833−160.09322

Table A5—Coordinates for Kaua`i

Point ID No.LatitudeLongitude
122.23023−159.64483
222.23658−159.64328
322.23943−159.64090
422.24108−159.63825
522.24470−159.62752
622.24473−159.62460
722.24307−159.61835
822.24340−159.61615
922.24463−159.61438
1022.25070−159.61090
1122.25657−159.60623
1222.26618−159.60690
1322.27078−159.60590
1422.27325−159.60388
1522.27597−159.59985
1622.28132−159.58828
1722.28415−159.57682
1822.28480−159.56468
1922.28368−159.55173
2022.28235−159.54530
2122.27953−159.53727
2222.27672−159.53092
2322.27338−159.52600
2422.26862−159.52285
2522.25572−159.51848
2622.25582−159.51748
2722.25715−159.51645
2822.26298−159.51533
2922.26462−159.51383
3022.26633−159.50630
3122.26647−159.50227
3222.26565−159.49770
3322.26370−159.49392
3422.25690−159.48792
3522.25665−159.48692
3622.25698−159.48538
3722.26030−159.48210
3822.26103−159.47762
3922.26042−159.47528
4022.25540−159.46792
4122.25335−159.46128
4222.25257−159.43648
4322.25127−159.43093
4422.24915−159.42758
4522.25142−159.42245
4622.25307−159.40707
4722.25303−159.40242
4822.25098−159.39485
4922.25357−159.39000
5022.25407−159.38732
5122.25332−159.38345
5222.24883−159.37198
5322.24632−159.36208
5422.24883−159.35590
5522.24860−159.35342
5622.24527−159.34928
5722.23777−159.34528
5822.23575−159.34155
5922.23505−159.33825
60 *22.21353−159.35087
61 *22.21508−159.49703
Start Printed Page 16242
62 *22.21378−159.49672
63 *22.21132−159.59522
6422.23023−159.64483

Table A6—Coordinates for Maui Nui

Point ID No.LatitudeLongitude
121.22380−157.31272
221.21938−157.31378
321.20960−157.31750
421.19332−157.33268
521.18093−157.35280
621.17182−157.37275
721.16902−157.38062
821.16815−157.38555
921.16502−157.39072
1021.16172−157.40372
1121.15897−157.41582
1221.15757−157.42950
1321.15815−157.48270
1421.15992−157.49052
1521.15977−157.49598
1621.16400−157.51087
1721.16420−157.51713
1821.16250−157.52100
1921.15935−157.52552
2021.14960−157.54817
2121.14587−157.55430
2221.13998−157.56070
2321.13005−157.56862
2421.12538−157.57398
2521.12152−157.58915
2621.12010−157.59217
2721.11398−157.60032
2821.11063−157.61628
2921.10790−157.62245
3021.10395−157.62590
3121.10122−157.62655
3221.09598−157.62547
3321.09000−157.62688
3421.08793−157.62815
3521.08638−157.64073
3621.08667−157.64747
3721.08440−157.65763
3821.08087−157.65977
3921.07898−157.65933
4021.07202−157.65358
4121.07042−157.65293
4221.06740−157.65387
4321.06593−157.65628
4421.06712−157.66142
4521.06480−157.66490
4621.05858−157.66980
4721.04922−157.67460
4821.04823−157.67893
4921.04197−157.68637
5021.03627−157.68960
5121.03428−157.69402
5221.02722−157.69850
5321.02428−157.70122
5421.02362−157.70432
5521.02553−157.70895
5621.02268−157.71652
5721.01285−157.71805
5820.99600−157.72255
5920.99253−157.72507
6020.98757−157.73145
6120.98167−157.73470
6220.96713−157.73572
6320.95993−157.73808
6420.95725−157.74017
6520.95113−157.75002
6620.93860−157.75783
6720.93642−157.75822
6820.92492−157.75177
6920.92162−157.75163
7020.90925−157.75475
7120.90548−157.75652
7220.90228−157.75925
7320.89710−157.76182
7420.89360−157.76263
7520.88710−157.76087
7620.88213−157.75663
7720.87747−157.74822
7820.87683−157.74167
7920.87448−157.73667
8020.87213−157.73533
8120.86733−157.73457
8220.86332−157.73522
8320.85518−157.73948
8420.85253−157.73885
8520.85070−157.73525
8620.84945−157.72498
8720.84920−157.71832
8820.85037−157.71212
8920.85000−157.70652
9020.85162−157.70387
9120.85670−157.70343
9220.86250−157.69857
9320.86502−157.69475
9420.86575−157.69173
9520.86383−157.68598
9620.86427−157.67730
9720.86502−157.67523
9820.87097−157.66773
9920.87222−157.66545
10020.87347−157.65898
10120.87715−157.65485
10220.87782−157.65067
10320.88127−157.64455
10420.88223−157.64138
10520.88267−157.63830
10620.88217−157.63645
10720.88363−157.63063
10820.88650−157.62785
10920.88775−157.61990
11020.89247−157.61262
11120.89350−157.60863
11220.89658−157.60333
11320.90247−157.58420
11420.91300−157.57330
11520.91492−157.56742
11620.91800−157.56410
11720.92455−157.54203
11820.92668−157.54018
11920.92918−157.53400
12020.93228−157.51517
12120.93332−157.51258
12220.93677−157.51002
12320.95480−157.51053
12420.95687−157.50825
12520.96230−157.50560
12620.96370−157.50022
12720.96297−157.48638
12820.96348−157.47968
12920.96643−157.46747
13020.96768−157.45805
13120.96547−157.44568
13220.96437−157.43420
13320.96467−157.43267
13420.96665−157.41177
13520.96680−157.40153
13620.96775−157.39682
13720.97320−157.36605
13820.97452−157.36303
13920.98998−157.34743
14020.99072−157.32977
14120.99190−157.32160
14220.99507−157.30917
14320.99557−157.30762
14421.01912−157.29510
14521.02553−157.28297
14621.02898−157.26972
14721.02618−157.26433
14821.02597−157.26192
14921.02657−157.25772
15021.03008−157.25323
15121.03068−157.25138
15221.03127−157.24270
15321.03105−157.23557
15421.02877−157.23173
15521.02883−157.23033
15621.03318−157.22548
15721.03473−157.21687
15821.03693−157.21223
15921.03942−157.20958
16021.04333−157.20678
16121.05092−157.20428
16221.05768−157.19582
16321.06085−157.19302
16421.06012−157.18750
16521.05820−157.18183
16621.05783−157.17373
16721.05667−157.16718
16821.05673−157.15313
16921.05122−157.14150
17021.05137−157.13833
17121.05490−157.12958
17221.05658−157.12333
17321.05777−157.11310
17421.06042−157.10125
17521.05923−157.09455
17621.05238−157.08093
17721.05062−157.07527
17821.05040−157.06997
17921.05357−157.06217
18021.04458−157.03868
18121.04128−157.03603
18221.03502−157.03472
18321.03282−157.03332
18421.03023−157.02985
18521.02795−157.02198
18621.02663−157.02110
18721.02207−157.01955
18821.01817−157.01955
18921.01662−157.01742
19021.01463−157.01638
19121.00640−157.01808
19220.99727−157.01573
19320.98770−157.01522
19420.98408−157.01690
19520.98107−157.01550
19620.97945−157.01595
19720.97710−157.01823
19820.97673−157.01983
19920.97555−157.02418
Start Printed Page 16243
20020.97438−157.02595
20120.96178−157.03588
20220.94892−157.05282
20320.94023−157.06210
20420.93478−157.07343
20520.92853−157.07895
20620.92522−157.08462
20720.92205−157.08578
20820.91807−157.08542
20920.91182−157.08727
21020.90468−157.08793
21120.89902−157.09013
21220.89622−157.09013
21320.88202−157.08462
21420.87450−157.07998
21520.86427−157.07152
21620.85168−157.05885
21720.84647−157.05157
21820.84462−157.04532
21920.84433−157.03795
22020.84300−157.03280
22120.83932−157.02625
22220.83248−157.01757
22320.82192−157.01188
22420.79377−157.00950
22520.77772−157.00940
22620.77303−157.00873
22720.76695−157.00653
22820.76258−157.00627
22920.75048−157.00143
23020.74437−156.99613
23120.73483−156.98978
23220.73038−156.98588
23320.72995−156.98367
23420.72655−156.97945
23520.72133−156.97505
23620.71268−156.96152
23720.71115−156.95765
23820.71073−156.94107
23920.70910−156.93135
24020.71043−156.92313
24120.70872−156.90960
24220.70872−156.90348
24320.70570−156.88575
24420.70790−156.88125
24520.71742−156.87293
24620.72425−156.86528
24720.72860−156.86423
24820.73072−156.86198
24920.73190−156.85750
25020.73430−156.85262
25120.74113−156.84095
25220.74228−156.83092
25320.74180−156.82460
25420.74467−156.82188
25520.74553−156.81897
25620.74390−156.81242
25720.73865−156.80897
25820.73578−156.80897
25920.73258−156.81285
26020.73162−156.81298
26120.73018−156.81117
26220.73072−156.80515
26320.73440−156.79635
26420.73440−156.79377
26520.73277−156.79140
26620.73233−156.79100
26720.72818−156.79143
26820.72568−156.78875
26920.72268−156.77808
27020.72253−156.76680
27120.72077−156.76490
27220.71900−156.76422
27320.71513−156.76518
27420.71360−156.76490
27520.71278−156.76380
27620.71140−156.75772
27720.71307−156.74668
27820.71230−156.74228
27920.71150−156.67635
28020.71097−156.67578
28120.71102−156.67300
28220.70915−156.67110
28320.71078−156.66870
28420.70685−156.66297
28520.70728−156.65585
28620.70332−156.64777
28720.70265−156.64542
28820.70337−156.64260
28920.69858−156.63638
29020.69645−156.63420
29120.69583−156.63433
29220.69423−156.61873
29320.69538−156.61478
29420.69342−156.61248
29520.69113−156.60780
29620.69045−156.60747
29720.68873−156.60913
29820.68735−156.60832
29920.68663−156.60253
30020.68497−156.60053
30120.67722−156.59785
30220.67115−156.59112
30320.66143−156.58503
30420.65910−156.58480
30520.65642−156.58662
30620.65585−156.58633
30720.65537−156.58447
30820.65312−156.58217
30920.65337−156.57010
31020.65083−156.55297
31120.64968−156.54895
31220.64765−156.54352
31320.64352−156.53553
31420.63307−156.52033
31520.62652−156.51245
31620.62168−156.50818
31720.61412−156.50335
31820.60713−156.49718
31920.59948−156.49223
32020.60063−156.48987
32120.60027−156.48925
32220.59627−156.49012
32320.59472−156.48835
32420.59463−156.48693
32520.59660−156.48332
32620.59640−156.48128
32720.59423−156.47673
32820.59567−156.47567
32920.59970−156.47500
33020.60118−156.47580
33120.60418−156.47960
33220.60553−156.47990
33320.60627−156.47863
33420.60623−156.47563
33520.60750−156.47080
33620.60188−156.46703
33720.59798−156.46570
33820.58188−156.46357
33920.57773−156.45373
34020.57488−156.45112
34120.57272−156.44752
342 *20.58308−156.41192
343 *20.79025−156.51013
344 *20.79033−156.51097
345 *20.87173−156.67920
34620.87192−156.67931
347 *20.87229−156.67855
348 *21.02445−156.63918
34921.07042−156.66362
35021.08872−156.67335
351 *21.15802−156.71095
352 *21.15843−156.70948
353 *21.08595−157.02030
35421.07737−157.02810
35521.08035−157.03287
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
36121.22380−157.31272
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 Start Printed Page 16244boundary 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.LatitudeLongitude
121.23560−157.78076
221.23856−157.77153
321.23835−157.76540
421.23895−157.76426
521.24269−157.76264
621.24427−157.75741
721.24385−157.74535
821.24458−157.73833
921.24606−157.73490
1021.24570−157.73037
1121.24323−157.72720
1221.23959−157.72534
1321.23484−157.72541
1421.23209−157.72239
1521.23090−157.71620
1621.23203−157.71399
1721.23592−157.71225
1821.23830−157.71003
1921.24200−157.70882
2021.24458−157.70903
2121.25209−157.70641
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
2821.23560−157.78076
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.LatitudeLongitude
121.21938−157.31378
221.20960−157.31750
321.19332−157.33268
421.18093−157.35280
521.17182−157.37275
621.16902−157.38062
721.16815−157.38555
821.16502−157.39072
921.16172−157.40372
1021.15897−157.41582
1121.15757−157.42950
1221.15815−157.48270
1321.15992−157.49052
1421.15977−157.49598
1521.16400−157.51087
1621.16420−157.51713
1721.16250−157.52100
1821.15935−157.52552
1921.14960−157.54817
2021.14587−157.55430
2121.13998−157.56070
2221.13005−157.56862
2321.12538−157.57398
2421.12152−157.58915
2521.12010−157.59217
2621.11398−157.60032
2721.11063−157.61628
2821.10790−157.62245
2921.10395−157.62590
3021.10122−157.62655
3121.09598−157.62547
3221.09000−157.62688
3321.08793−157.62815
3421.08638−157.64073
3521.08667−157.64747
3621.08440−157.65763
3721.08087−157.65977
3821.07898−157.65933
3921.07202−157.65358
4021.07042−157.65293
4121.06740−157.65387
4221.06593−157.65628
4321.06712−157.66142
4421.06480−157.66490
4521.05858−157.66980
4621.04922−157.67460
4721.04823−157.67893
4821.04197−157.68637
4921.03627−157.68960
5021.03428−157.69402
5121.02722−157.69850
5221.02428−157.70122
5321.02362−157.70432
5421.02553−157.70895
5521.02268−157.71652
5621.01285−157.71805
5720.99600−157.72255
5820.99253−157.72507
5920.98757−157.73145
6020.98167−157.73470
6120.96713−157.73572
6220.95993−157.73808
6320.95725−157.74017
6420.95113−157.75002
6520.93860−157.75783
6620.93642−157.75822
6720.92492−157.75177
6820.92162−157.75163
6920.90925−157.75475
7020.90548−157.75652
7120.90228−157.75925
7220.89710−157.76182
7320.89360−157.76263
7420.88710−157.76087
7520.88213−157.75663
7620.87747−157.74822
7720.87683−157.74167
7820.87448−157.73667
7920.87213−157.73533
8020.86733−157.73457
8120.86332−157.73522
8220.85518−157.73948
8320.85253−157.73885
8420.85070−157.73525
8520.84945−157.72498
8620.84920−157.71832
8720.85037−157.71212
8820.85000−157.70652
8920.85162−157.70387
9020.85670−157.70343
9120.86250−157.69857
9220.86502−157.69475
9320.86575−157.69173
9420.86383−157.68598
9520.86427−157.67730
9620.86502−157.67523
9720.87097−157.66773
9820.87222−157.66545
9920.87347−157.65898
10020.87715−157.65485
10120.87782−157.65067
10220.88127−157.64455
10320.88223−157.64138
10420.88267−157.63830
10520.88217−157.63645
10620.88363−157.63063
10720.88650−157.62785
10820.88775−157.61990
10920.89247−157.61262
11020.89350−157.60863
11120.89658−157.60333
11220.90247−157.58420
11320.91300−157.57330
11420.91492−157.56742
11520.91800−157.56410
11620.92455−157.54203
11720.92668−157.54018
11820.92918−157.53400
11920.93228−157.51517
12020.93332−157.51258
12120.93677−157.51002
12220.95480−157.51053
12320.95687−157.50825
12420.96230−157.50560
12520.96370−157.50022
12620.96297−157.48638
12720.96348−157.47968
12820.96643−157.46747
12920.96768−157.45805
13020.96547−157.44568
13120.96437−157.43420
13220.96467−157.43267
13320.96665−157.41177
13420.96680−157.40153
13520.96775−157.39682
13620.97320−157.36605
13720.97452−157.36303
13820.98998−157.34743
13920.99072−157.32977
14020.99190−157.32160
Start Printed Page 16245
14120.99507−157.30917
14220.99557−157.30762
14321.01912−157.29510
14421.02553−157.28297
14521.02898−157.26972
14621.02618−157.26433
14721.02597−157.26192
14821.02657−157.25772
14921.03008−157.25323
15021.03068−157.25138
15121.03127−157.24270
15221.03105−157.23557
15321.02877−157.23173
15421.02883−157.23033
15521.03318−157.22548
15621.03473−157.21687
15721.03693−157.21223
15821.03942−157.20958
15921.03807−157.22824
16021.03587−157.23534
16121.03443−157.24328
16221.03422−157.25383
16321.03594−157.26426
16421.04060−157.27854
16521.04294−157.29650
16621.04342−157.30569
16721.04481−157.31271
16821.04893−157.32567
16921.05564−157.33776
17021.06479−157.34835
17121.07731−157.35771
17221.08558−157.36150
17321.09584−157.36398
17421.10581−157.36422
17521.11550−157.36240
17621.12477−157.35857
17721.13269−157.35324
17821.14126−157.35083
17921.15314−157.34602
18021.16897−157.33692
18121.17781−157.33065
18221.18854−157.32154
18321.19845−157.30977
18421.20836−157.31292
18521.21938−157.31378

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.LatitudeLongitude
121.03023−157.02985
221.03049−157.02138
321.02705−157.00787
421.02346−157.00062
521.02127−156.99402
621.01712−156.97004
721.01445−156.96069
821.00991−156.93421
921.00547−156.91735
1020.99932−156.90155
1120.99696−156.89138
1220.99586−156.87167
1320.99663−156.86473
1420.99893−156.85595
1520.99884−156.84286
1621.00206−156.82933
1721.00980−156.81031
1821.01616−156.80073
1921.01808−156.78962
2021.02005−156.78311
2121.02869−156.76519
2221.03652−156.75394
2321.04036−156.74628
2421.04407−156.74093
2521.05202−156.73280
2621.06728−156.71150
2721.08102−156.69629
2821.08312−156.68590
2921.08871−156.67334
3021.07042−156.66361
3121.06248−156.67605
3221.05499−156.68365
3321.05109−156.69316
3421.04752−156.69903
3521.04327−156.70435
3621.03575−156.71112
3721.02408−156.71747
3821.01320−156.72087
3921.00803−156.72176
4020.98584−156.73247
4120.97786−156.73546
4220.96520−156.74238
4320.95575−156.74497
4420.94800−156.74578
4520.94098−156.74854
4620.93456−156.75000
4720.91471−156.75057
4820.90157−156.74803
4920.88914−156.74198
5020.87936−156.74188
5120.86963−156.74032
5220.86037−156.73677
5320.85463−156.73336
5420.84464−156.72480
5520.83061−156.71496
5620.82338−156.70795
5720.81548−156.69811
5820.80430−156.69025
5920.79795−156.68372
6020.79212−156.67581
6120.78533−156.67177
6220.77577−156.66422
6320.76699−156.65388
6420.76102−156.64148
6520.75919−156.63461
6620.75725−156.62101
6720.75108−156.61012
6820.74827−156.60341
6920.74598−156.59654
7020.74409−156.58607
7120.73787−156.57521
7220.73108−156.56518
7320.72588−156.55239
7420.72436−156.54448
7520.72389−156.53404
7620.72499−156.52123
7720.72788−156.50927
7820.71633−156.50584
7920.70620−156.50062
8020.69323−156.49907
8120.68368−156.49924
8220.68075−156.51493
8320.67829−156.52150
8420.67322−156.53047
8520.66401−156.54055
8620.65861−156.54451
8720.64968−156.54895
8820.65083−156.55297
8920.65337−156.57010
9020.65312−156.58217
9120.65537−156.58447
9220.65585−156.58633
9320.65642−156.58662
9420.65910−156.58480
9520.66143−156.58503
9620.67115−156.59112
9720.67722−156.59785
9820.68497−156.60053
9920.68663−156.60253
10020.68735−156.60832
10120.68873−156.60913
10220.69045−156.60747
10320.69113−156.60780
10420.69342−156.61248
10520.69538−156.61478
10620.69423−156.61873
10720.69583−156.63433
10820.69645−156.63420
10920.69858−156.63638
Start Printed Page 16246
11020.70337−156.64260
11120.70265−156.64542
11220.70332−156.64777
11320.70728−156.65585
11420.70685−156.66297
11520.71078−156.66870
11620.70915−156.67110
11720.71102−156.67300
11820.71097−156.67578
11920.71150−156.67635
12020.71230−156.74228
12120.71307−156.74668
12220.71140−156.75772
12320.71278−156.76380
12420.71360−156.76490
12520.71513−156.76518
12620.71900−156.76422
12720.72077−156.76490
12820.72253−156.76680
12920.72268−156.77808
13020.72568−156.78875
13120.72818−156.79143
13220.73233−156.79100
13320.73277−156.79140
13420.74336−156.78335
13520.75400−156.77792
13620.76659−156.76785
13720.78643−156.75726
13820.79940−156.75340
13920.81653−156.75192
14020.83137−156.75336
14120.84395−156.75769
14220.85576−156.76497
14320.86235−156.77027
14420.87463−156.77687
14520.88903−156.78849
14620.90091−156.80067
14720.91454−156.81671
14820.92819−156.83095
14920.93291−156.83751
15020.94170−156.84610
15120.95280−156.86190
15220.96241−156.88264
15320.96897−156.90386
15420.97007−156.91505
15520.97363−156.93338
15620.97388−156.96004
15720.97771−156.97295
15820.97947−156.98352
15920.97955−156.99051
16020.97670−157.01397
16120.97673−157.01983
16220.97710−157.01823
16320.97945−157.01595
16420.98107−157.01550
16520.98408−157.01690
16620.98770−157.01522
16720.99727−157.01573
16821.00640−157.01808
16921.01463−157.01638
17021.01662−157.01742
17121.01817−157.01955
17221.02207−157.01955
17321.02663−157.02110
17421.02795−157.02198
17521.03023−157.02985
Start Amendment Part

2. Revise § 922.48 to read as follows:

End Amendment Part
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, and Q, subpart R or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reason(s) for the action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in subpart D of 15 CFR part 904.

Start Amendment Part

3. Revise § 922.49 to read as follows:

End Amendment Part
Notification and review of applications for leases, licenses, permits, approvals, or other authorizations to conduct a prohibited activity.

(a) A person may conduct an activity prohibited by subparts L through R of the part, if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary after the effective date of the regulations in subpart P, provided that:

(1) The applicant notifies the Director, in writing, of the application for such authorization (and of any application for an amendment, renewal, or extension of such authorization) within fifteen (15) days of the date of filing of the application or the effective date of Sanctuary designation, or in the case of the Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, whichever is later;

(2) The applicant complies with the other provisions of this section;

(3) The Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization (or amendment, renewal, or extension); and

(4) The applicant complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary resources and qualities.

(b) Any potential applicant for an authorization described in paragraph (a) of this section may request the Director to issue a finding as to whether the activity for which an application is intended to be made is prohibited by subparts L through R, as appropriate.

(c) Notification of filings of applications should be sent to the Director, Office of Ocean and Coastal Resource Management at the address specified in subparts L through R of this part, as appropriate. A copy of the application must accompany the notification.

(d) The Director may request additional information from the Start Printed Page 16247applicant as he or she deems reasonably necessary to determine whether to object to issuance of an authorization described in paragraph (a) of this section, or what terms and conditions are reasonably necessary to protect Sanctuary resources and qualities. The information requested must be received by the Director within 45 days of the postmark date of the request. The Director may seek the views of any persons on the application.

(e) The Director shall notify, in writing, the agency to which application has been made of his or her pending review of the application and possible objection to issuance. Upon completion of review of the application and information received with respect thereto, the Director shall notify both the agency and applicant, in writing, whether he or she has an objection to issuance and what terms and conditions he or she deems reasonably necessary to protect Sanctuary resources and qualities, and reasons therefor.

(f) The Director may amend the terms and conditions deemed reasonably necessary to protect Sanctuary resources and qualities whenever additional information becomes available justifying such an amendment.

(g) Any time limit prescribed in or established under this § 922.49 may be extended by the Director for good cause.

(h) The applicant may appeal any objection by, or terms or conditions imposed by, the Director to the Assistant Administrator or designee in accordance with the provisions of § 922.50.

Start Amendment Part

4. Revise section § 922.50 to read as follows:

End Amendment Part
Appeals of administrative action.

Except for permit actions taken for enforcement reasons (see subpart D of 15 CFR part 904 for applicable procedures), an applicant for, or a holder of, a National Marine Sanctuary permit; an applicant for, or a holder of, a Special Use permit issued pursuant to section 310 of the Act; a person requesting certification of an existing lease, permit, license or right of subsistence use or access under § 922.47; or, for those Sanctuaries described in subparts L through R, an applicant for a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction (hereinafter appellant) may appeal to the Assistant Administrator:

(a) The granting, denial, conditioning, amendment, suspension or revocation by the Director of a National Marine Sanctuary or Special Use permit;

(b) The conditioning, amendment, suspension or revocation of a certification under § 922.47; or

(c) For those Sanctuaries described in subparts L through R, the objection to issuance of or the imposition of terms and conditions on a lease, permit, license or other authorization issued by any Federal, State, or local authority of competent jurisdiction.

End Supplemental Information

[FR Doc. 2015-06441 Filed 3-25-15; 8:45 am]

BILLING CODE 3510-NK-P