National Oceanic and Atmospheric Administration

Review of the Management of the

Northwestern Hawaiian Islands

Coral Reef Ecosystem Reserve

Under the National Marine Sanctuaries

Amendments Act (P.L. 106-513) and

Section 304(e) of the National Marine

Sanctuaries Act (16 U.S.C. 1434(e))

Review of the Management of the 

Northwestern Hawaiian Islands 

Coral Reef Ecosystem Reserve

Under the National Marine Sanctuaries 

Amendments Act (P.L. 106-513) and 

Section 304(e) of the National Marine 

Sanctuaries Act (16 U.S.C. 1434(e))

National Oceanic and Atmospheric Administration

2000 — 2005

STATE OF THE RESERVE STATE OF THE RESERVE

2000 — 2005

NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE
This document was produced by the National Marine Sanctuary Program, under the 

National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), 

U.S. Department of Commerce, to fulfill requirements of the National Marine Sanctuaries Amendments Act 

(P.L. 106-513) and Section 304(e) of the National Marine Sanctuaries Act (16 U.S.C. 1434(e))

National Oceanic and Atmospheric Administration.

2006. State of the Reserve.

Silver Spring, MD. 

February 2006

For information or copies, please contact:

NOAA National Marine Sanctuary Program

National Ocean Service

1305 East West Highway

Silver Spring, Maryland 20910

Phone: 301-713-3125

http://www.sanctuaries.nos.noaa.gov

or

Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

http://hawaiireef.noaa.gov

Waves and needlefish. Photo: Dan Suthers.

Bluefin trevally over shallow coral at Maro Reef. Photo: James Watt
Colorful Hawaiian Squirrelfish are found only in Hawaiian waters and Johnston Atoll. Photo: James Watt

STATE OF THE RESERVE

NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE

2000 — 2005 2000 — 2005

Review of the Management of the 

Northwestern Hawaiian Islands 

Coral Reef Ecosystem Reserve

Under the National Marine Sanctuaries 

Amendments Act (P.L. 106-513) and 

Section 304(e) of the National Marine 

Sanctuaries Act (16 U.S.C. 1434(e))

National Oceanic and Atmospheric Administration
Bluefin trevally over shallow coral at Maro Reef. Photo: James Watt
Acronyms 

Map of Northwestern Hawaiian Islands

Executive Summary 

Background 

Evaluation of Progress 

Research and Monitoring

Education, Outreach and Constituency Development

Site Operations

Field Operations

Sanctuary Designation

The Future

Appendix A: NOAA’s National Marine Sanctuaries

Appendix B: Executive Order 13178

Appendix C: Executive Order 13196

Appendix D: Final Reserve Operations Plan (PDF)

is available at http://hawaiireef.noaa.gov/documents/

Table of Contents

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i

Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

State of the Reserve Report
ii

ACRONYMS

CCMA Center for Coastal Monitoring and Assessment

CRCP Coral Reef Conservation Program

DC Washington, D.C.

DOC Department of Commerce

EIS Environmental Impact Statement

EO Executive Order

GIS Geographic Information System

HIMB Hawai‘i Institute of Marine Biology

HURL Hawai‘i Undersea Research Laboratory

MOA Memorandum of Agreement

NEPA National Environmental Policy Act of 1969

NMAO NOAA Marine and Aviation Operations

NMSA National Marine Sanctuaries Act 

NMSAA National Marine Sanctuaries Amendments Act of 2000

NMSP National Marine Sanctuary Program

NOAA National Oceanic and Atmospheric Administration

NOI Notice of Intent (to prepare environmental impact statement)

NOS National Ocean Service

NWHI Northwestern Hawaiian Islands

NWHICRER Northwestern Hawaiian Islands Coral Reef 

Ecosystem Reserve 

OMB Office of Management and Budget

PMC Pacific Mapping Center

RAC Reserve Advisory Council

REA Rapid Ecological Assessment

RAMP Reef Assessment and Monitoring Program

ROP Reserve Operations Plan

RPA Reserve Preservation Areas

Scuba Self Contained Underwater Breathing Apparatus

USFWS U.S. Fish and Wildlife Service

WPFMC Western Pacific Fishery Management Council 
Hänau ka ‘Uku ko‘ako‘a

Hänau kana, he ‘Äko‘ako‘a, puka

Born the coral polyp

Born of him came the reef

— Kumulipo creation chant

Long before the creation of humans, when the world was still

dark, the Hawaiian creation chant identifies the coral polyp as

the first living creature to emerge on Earth — the foundation

and building block of all other life in the sea and on the planet.

Large lobe coral

colony at Lisianski.

Photo: James Watt

iii
iv
v
his report provides a summary of progress made toward implementation of the

Reserve Operations Plan (ROP) and the activities and accomplishments of

NOAA’s Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (reserve). 

This report was prepared by the National Marine Sanctuary Program, under the National

Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S.

Department of Commerce, to fulfill requirements of the National Marine Sanctuaries

Amendments Act of 2000 (NMSAA)(P.L. 106-513). The Act states that, 

Section 304(e) of the National Marine Sanctuaries Act (NMSA) requires that, 

To meet these requirements, this report provides a review of the reserve management efforts

since 2000. One of the most significant accomplishments of the reserve was the completion

and final publication in March 2005 of the Reserve Operations Plan (ROP), which serves as

the management plan for the reserve. The goals of the reserve are outlined as management

principles in Section 4 of Executive Order 13178 that established the reserve (see Appendix

1). Section 5(b) of EO 13178 also outlined the priority issues and actions to be addressed

T

Executive Summary

1

“If the Secretary has not designated a national marine sanctuary in the

Northwestern Hawaiian Islands under sections 303 and 304 of the National

Marine Sanctuaries Act (16 U.S.C. 1433, 1434) before October 1, 2005, the

Secretary shall conduct a review of the management of the reserve under section

304(e) of that Act (16 U.S.C. 1434(e)).”

“Not more than 5 years after the date of designation of any national marine sanctuary, and thereafter at intervals not exceeding 5 years, the Secretary shall evaluate

the substantive progress toward implementing the management plan and goals for

the sanctuary, especially the effectiveness of site-specific management techniques

and strategies, and shall review the management plan and regulations as necessary

to fulfill the purposes and policies of this title. This review shall include a prioritization of management objectives.” 

Acropora spp. table

corals are rare in

the main Hawaiian

Islands, but abundant in the NWHI.

Photo: James Watt
by the ROP that serve as the management objectives for the reserve. During the development

of the ROP, NOAA’s National Marine Sanctuary Program (NMSP) utilized the Executive

Orders and the draft ROP as management guideposts to steer the implementation of the reserve. 

To meet the requirements of the NMSAA and Section 304(e) of the NMSA, the review of the

reserve began in 2003 with the analysis of public scoping comments on the proposed national

marine sanctuary and initial work with jurisdictional partner agencies to identify the collective

management priorities for the Northwestern Hawaiian Islands (NWHI) as a region. The review

continues through the design and development of the draft management plan for the proposed

NWHI sanctuary. Working with the Reserve Advisory Council and jurisdictional agencies, it

was determined that the ROP would serve as the foundation for the draft management plan for

the proposed sanctuary. When complete, the sanctuary management plan will serve as a revised

and expanded ROP, inclusive of a revised prioritization of management objectives for the area. 

Overall, the reserve has made significant progress since its inception in January 2001. In addition to establishing its operational framework and foundation, the reserve has developed strong

collaborative relationships with the State of Hawai‘i, U.S. Fish and Wildlife Service (USFWS),

National Marine Fisheries Service (NMFS) Pacific Islands Regional Office and Pacific Islands

Fisheries Science Center, U.S. Coast Guard, and U.S. Department of Defense. These relationships have led to the establishment of an interagency coordinating committee for the region,

progress made toward a coordinated permit system, identification of regional science needs,

coordinated education and outreach, and the initial framework for coordinated field operations.

In addition to interagency coordination, the reserve has worked closely with the Reserve

Advisory Council, local and national non-governmental organizations, and key “stakeholder”

constituencies, such as fishing, research, and Native Hawaiian communities, who may be

directly affected by resource management decisions. 

The reserve has also bolstered public engagement and participation in issues related to the

NWHI as a whole through the establishment and involvement of the Reserve Advisory Council,

and numerous public outreach and education events and activities. These efforts serve to

inform the public of ways they can participate in determining the future of the region related to

management and protection of the coral reef and marine resources of the region. 

An analysis of the progress made toward implementation of the Reserve Operations Plan indicates that to date 72.7% of all the ROP activities have been initiated, remain ongoing or are

completed; 15.9% of activities are projected to be initiated or completed within the next 1-2

years; 8% are projected to be undertaken after completion of the sanctuary designation process;

and 3.4% have been revised due to changed priorities, new circumstances or new

information/technology. In addition, the majority of reserve implementation effort was directed

at high priority activities. Along with the strategies and activities laid out in the plan, the

reserve has also undertaken many other projects and programs to fulfill the mandates of the

Executive Orders and management principles of the reserve.

This review of the management of the reserve has resulted in a determination by NOAA

that the reserve is meeting and exceeding its responsibilities as outlined in the EO

and ROP. 

2
xecutive Order 13178, as finalized by Executive Order 13196 (hereafter referred to as

“Executive Orders”) established the Northwestern Hawaiian Islands Coral Reef

Ecosystem Reserve. The Executive Orders were issued pursuant to the National Marine

Sanctuaries Amendments Act of 2000 (NMSAA). The purpose of the reserve is to

ensure the comprehensive, strong, and lasting protection of the coral reef ecosystem and related

marine resource and species of the Northwestern Hawaiian Islands. 

The reserve includes submerged lands and waters of the NWHI and extends approximately 1,200

nautical miles long and 100 nautical miles wide. The reserve is adjacent to the seaward boundaries of the State of Hawai‘i and Midway Atoll National Wildlife Refuge, and overlays other

federal waters that may extend beyond State of Hawai‘i jurisdiction. The Executive Orders

provide for a number of conservation measures that restrict certain activities throughout the

reserve and which grandfather in relatively small, existing, active bottomfish, commercial pelagic,

and recreational fisheries. As part of the establishment of the reserve, the Executive Orders also

created 15 Reserve Preservation Areas in which all consumptive or extractive uses are prohibited

with limited exceptions. 

Encompassing 134,576 square miles of coral reef and deep-water habitat, the reserve is the single

largest conservation area — marine or terrestrial — under the U.S. flag. The area is home to more

than 7,000 marine species, at least one quarter of which are found only in Hawai‘i. Due to early

federal protections and their isolation, these still-wild coral reefs are among the healthiest and

most extensive reef ecosystems remaining on the planet. In addition, this area has great cultural

significance to Native Hawaiians as well as linkages to early Polynesian culture — making it

additionally worthy of protection and understanding.

Since its inception, the reserve and all of its operations have been funded by, and been part of,

NOAA’s Coral Reef Conservation Program, whose mission is to support effective management

and sound science to preserve, sustain and restore valuable coral reef ecosystems. The NMSA and

EO directed NOAA to initiate the process to designate the reserve as a national marine sanctuary.

If designated, the new NWHI sanctuary would become the country’s 14th and largest national

marine sanctuary.

Background

3

E

The Hawaiian monk

seal is one of the 

most endangered

marine mammals

found in U.S. waters.

Photo: James Watt
ection 5 of the Executive Orders called for the development of an operations

plan directed at priority issues and actions to govern the management of the

reserve. These include coordinated management; research, monitoring and

assessment; education and outreach; clean up of marine debris; restoration or remediation

of degraded or injured resources; enforcement and surveillance; and identification and

coordination with Native Hawaiian interests and other constituencies.

The ROP follows the template for management plans developed by the National Marine

Sanctuary Program (NMSP) and is composed of a set of function-oriented action plans (as

identified in the Executive Orders). Each action plan focuses on strategies; outlines what,

who, why, when, and how different activities will be conducted; and presents an idea of

what costs might be incurred for each strategy. 

In developing the ROP, NOAA considered the advice and recommendations of the

Reserve Advisory Council. The initial draft ROP was released for public comment in

March 2002. Based on significant public comment received, the first draft ROP was

revised in consultation with U.S. Fish and Wildlife Service, the State of Hawai‘i and

NOAA Pacific Islands Regional Office and considered the recommendations of the

Reserve Advisory Council. After additional reviews and input from partner agencies and

NOAA, the final ROP was released in May of 2005. Until the ROP was made final, the

reserve utilized the Executive Orders and the draft ROP as management guideposts to

steer the establishment and implementation of the reserve. 

4

Evaluation of Progress

S

Baby green sea

turtle. Photo:

James Watt
Implementation Status

Working with the Reserve Advisory Council,

the reserve assessed progress made toward

implementation of the Reserve Operations

Plan. To conduct this assessment, the reserve

evaluated activities undertaken and progress

made toward achieving the stated ROP

outcomes. In all, there are 176 activities in the

ROP. 

Four categories were used to characterize the

level of progress made for each one: 

Ongoing or Completed

To Be Initiated

Post Designation

Revised

For the purposes of this analysis, “Ongoing or

Completed” is defined as activities that have

been initiated, are ongoing and will continue

throughout the duration of the reserve or have

already been completed; “To Be Initiated” is

defined as activities that have yet to be initiated under the reserve; “Post Designation”

refers to activities that are more appropriately

conducted after completion of the designation

process; and “Revised” is defined as activities

that have changed since the ROP was finalized.

The following specific examples help illustrate

how work efforts were grouped for analysis:

• “Completed” activities include the establishment of the reserve’s offices and development

of an operations plan to govern the management of the reserve. Many more activities

being implemented by the reserve are ongoing

due to the very nature of the work involved.

Those “ongoing” efforts include the hiring of

staff sufficient to implement the expanding

work of the reserve, consultation with the

RAC, agency partners and key constituencies;

and the reserve’s research and monitoring and

assessment work. While an individual RAMP

cruise is completed within a matter of weeks,

monitoring and processing of data and samples

is an ongoing task.

• “To Be Initiated” activities projected for

implementation under the auspices of the

reserve include conducting outreach to ensure

awareness and compliance with permitting

procedures of all jurisdictional agencies.

• “Post Designation” activities more appropriately done after designation will be included in

the management plan for the proposed sanctuary. An example of a “Post Designation”

activity is the establishment of a field capacity

at Midway Atoll National Wildlife Refuge for

research, monitoring, education, management

and enforcement purposes. While the reserve

has engaged in informal discussions with

USFWS since 2001, full-scale planning will

likely occur after designation.

• “Revised” activities are those that have

changed based on new information, policy

changes, new circumstances, or new technology. One example of this is the ROP activity

to delineate Reserve Preservation Area boundaries and their inclusion on new NOAA nautical charts. While GIS coordinates have been

established, straight-line boundaries will likely

be finalized for the proposed sanctuary as part

of designation. 

Results of the analysis concluded that more

than 70 percent of the activities in the ROP are

ongoing or are completed. Figure 1.1 depicts

an overall view of the status of ROP activities

and outcomes by category. 

5
Overall ROP Activity Ranking

% Ranked A in total AP

% Ranked B in total AP

% Ranked C in total AP

6

Figure 1.2: Reserve Operations Plan Activities Based on Ranking Criteria

in the ROP and their Corresponding “A, B, C” Priority Rank 

17.1%

40.9%

42.1%

ROP Action Plans: Overall Status

% Revised

% Post Designation

% To Be Initiated

% Initiated, Ongoing or Completed

Figure 1.1: Status of Activities By Category, throughout 

the entire Reserve Operations Plan Ranking Criteria

3.4%

72.7% 15.9%

8.0%

Ongoing or Completed
0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Percent of Total

7

Figure 1.3: All “Ongoing or Completed” Activities in the ROP and

their corresponding “A, B, C” priority rank

78.4%

74.6%

56.7%

To compare the priorities assigned by the

ROP with progress made toward the various

activities, each ROP activity was given an “A,

B or C” priority ranking based on the following criteria:

A - Mandated by the Executive Order/ 

Reserve Management Principles

B - Highly Desirable

C - If Sufficient Funds Are Available

Forty-two percent of all ROP activities were

assigned an “A” ranking, 41 percent were

given a “B” ranking and 17 percent were

ranked as “C.” Figure 1.2 illustrates all activities in the ROP, based on the “A, B, C” 

ranking. 

Comparison Between Ranking 

and Status of Implementation

The comparison between priority-ranking and

implementation status yielded affirmative

results that the programmatic priorities

outlined in the ROP were consistent with

implementation priorities. Figure 1.3

illustrates that the majority of the reserve’s

implementation efforts were directed at high

priority activities. The activities in the “To Be

Initiated” or “ Post Designation” categories

follow the reverse trend and are largely

comprised of lower priority activities. 

Overall, this analysis of ROP activities implementation status demonstrates that the majority of activities ranked “A” (mandated by the

EO or reserve management principles) or “B”

(highly desirable) are ongoing or have already

been completed. The reserve will continue to

work with the Reserve Advisory Council to

continually review progress being made

toward ROP implementation. 

Ongoing or Completed

% Ongoing or Completed

Ranked A

% Ongoing or Completed

Ranked B

% Ongoing or Completed

Ranked C
Research and Monitoring 

8

Biologists survey algae

and coral species

throughout the NWHI

to monitor ecosystem

health. Photo: James

Watt

he reserve is instrumental in coordinating and conducting research and monitoring activities in the NWHI. Since 2000, the reserve has conducted NWHI Reef

Assessment and Monitoring Program (RAMP) cruises as a core activity on an

annual basis. The reserve’s science activities include shallow coral reef research, deep

submersible-based characterizations of banks and seamounts, satellite and multibeam sonar

habitat mapping, rigorous outside peer reviews of research methods and products, and multiagency regional research planning.

The reserve’s field-based science activities fall into three major categories: characterization,

monitoring, and research. Characterization includes identification of basic habitat types;

documentation and mapping of their geographic distribution; and documentation of the

diversity, abundance and distribution of marine life within these habitats. Monitoring carries

characterization one step further, and involves repeated characterizations of select sites in

order to look for changes over time in the distribution, abundance and health of marine life.

Research involves hypothesis-driven data collection whose fundamental questions attempt to

understand the function of these complex ecosystems.

Biological site characterizations and monitoring of shallow reef life in the NWHI have

utilized Rapid Ecological Assessments (REAs), which are quantitative surveys conducted by

dive teams of fish, coral, invertebrate, and algal biologists. The development of these standardized REA data collection protocols for multiple taxa was led by the reserve, and these

methods are now in use not only on NWHI cruises but also on expeditions supported by

NOAA’s Coral Reef Conservation Program (CRCP) that visit other U.S. territories and

possessions in the insular Pacific. 

T
ACCOMPLISHMENTS

Characterization

Efforts to characterize the coral reefs of the

NWHI have centered around field collection

of data by divers, whether to ground-truth

remote sensing images or to conduct quantitative surveys of marine life. In collaboration with partner agencies, REAs have been

conducted at nearly 400 stations throughout

the NWHI to document the diversity and

abundance of fishes, corals, algae, and noncoral invertebrates at each site. Habitat

characterization has also been accomplished

utilizing multispectral analyses of satellite

imagery and multibeam sonar technology.

Shallow-water habitat maps based on

ground-truthing of remote sensing data now

exist for NWHI reefs. Published in 2003,

The Draft Atlas of the Shallow-Water

Benthic Habitats of the NWHI was developed through a partnership between NOS,

NMFS, and other partners. 

In 2004, the reserve supported publication

of a companion volume, the Bathymetric

Atlas of the NWHI, which summarized

single and multibeam bathymetry in deeper

waters. Since the publication of the bathymetric atlas, the reserve has hired mapping

specialists to support the mapping needs of

the reserve and the NMSP Pacific Islands

Region, and has worked closely with the

Pacific Mapping Center (PMC) to prioritize

mapping objectives for the NWHI. Using

resources and personnel from both the

NMSP and PMC, over 650 nautical miles of

ocean floor have been mapped and high

resolution maps have been produced using

9

Graphical representation of mapping using a shipbased multibeam system. A fundamental need for

managers and scientists is the creation of accurate

benthic maps of the NWHI.

A major step forward in the development of the reserve’s research and monitoring capacities

occurred in 2004, with the commissioning of the new NOAA Ship Hi‘ialakai in Honolulu.

Designed to support scuba-based coral reef research and monitoring in remote island locales,

and dedicated to the missions of the NOS and CRCP, this new platform will ensure the

continuation of characterization and monitoring programs in the NWHI. The Hi‘ialakai’s

multibeam sonar capability was used extensively on cruises in 2005, and will greatly accelerate the mapping and characterization of habitats in deeper waters.

Finally, a major contribution of the reserve to research in the NWHI was the initiation of

regional multiagency science planning efforts. The long-range goals of these initiatives

include identification and prioritization of research needs, avoidance of duplicative efforts,

coordination of field activities, and support for ecosystem-based management.
Hi‘ialakai’s newly installed multibeam

sonar system. 

Several previously unknown marine

features have been mapped as a result of

the partnership between the reserve and

PMC. At Kure Atoll, significantly more

habitat area was found to exist inside of the

100 fathom contour than was previously

shown on nautical charts. Significant

bathymetric data have been collected on

Brooks Banks, and a flat-topped seamount

that may be

important monk

seal foraging

ground was

mapped for the

first time near

Pearl and

Hermes Atoll.

The reserve has

also advanced

biological characterization of

these deeper

habitats.

Support was

provided for three years of submersible

surveys by the Hawai‘i Undersea Research

Laboratory (HURL) on deep banks of the

NWHI to characterize their fauna, and to

identify any impacts from bottomfishing

activities and gear. 

Additional submersible work supported by

NOAA’s Office of Ocean Exploration in

reserve waters has documented the diversity

of marine life in deep canyons, quantified

the abundance of monk seal prey species

among deep-water precious corals, and

discovered new coral beds and new species

of corals.

Monitoring

Based on the extensive quantitative characterizations resulting from the 2000-2002

RAMP cruises, forereefs (deeper outer

reefs), backreefs (shallow reef flats behind

the reef crest), and lagoonal/patch reefs

were identified as three major habitat types

found in the NWHI. In 2003, the emphasis

of the RAMP cruises shifted from characterization to monitoring. Rather than

continuing to survey new sites, a subset of

sites representative of each habitat type was

selected as longterm monitoring

sites. Annual

surveys using

identical REA

sampling protocols are now

being conducted

by the reserve at

over 70 monitoring sites. 

Beginning in

2005, additional

permanent monitoring sites were

established to monitor changes in the prevalence of coral disease and bleaching. 

Building on field methods developed for

heavily impacted Caribbean coral reefs, this

forward-looking monitoring program will

contribute to an understanding of normal

background levels of disease and bleaching

on healthy reefs. In addition, it will offer

an opportunity to document recovery from

the coral bleaching events of 2002-2004 in

an environment largely free of the

confounding effects of impacts from local

anthropogenic sources. These unique field

conditions have quickly established Hawai‘i

10

Reserve Research Coordinator Randall Kosaki encounters a

pelagic jellyfish during a Rapid Ecological Assessment of the abundance and diversity of life in the NWHI. Photo: Darla White
and the NWHI as a world-class “natural

laboratory” for the study of coral health.

Research

In 2005, a major milestone for the reserve

was the establishment of a formalized

research partnership between the NMSP

Pacific Islands Region and the Hawai‘i

Institute of Marine Biology (HIMB) of the

University of Hawai‘i. The expertise and

focused efforts of marine researchers at

HIMB are now available to the reserve to

better inform management efforts related to

natural resource management, zoning, and

education and outreach. Initial products of

this relationship will also inform the sanctuary designation process. 

Under reserve auspices and in partnership

with HIMB, several new research initiatives

began in 2005. Tagging and tracking of the

large apex predators that characterize the

reefs of the NWHI was initiated to understand their movements and use of space, both

within a given reef, as well as between the

reefs, of the NWHI and the Main Hawaiian

Islands. Genetic studies of coral reef fishes

and invertebrates will examine connectivity

and population stock structures on a taxonomic and geographic scale never before

attempted. Research into the causal factors

of coral disease and bleaching will aid

managers in better understanding coral reef

resiliency and recovery from natural and

anthropogenic stresses. Research also

continues with existing NOAA partners.

Stable isotope studies with NOS collaborators will help to elucidate sources of primary

productivity that support the top-heavy, apex

predator dominated trophic structure of

NWHI reefs. 

The reserve has supported the analysis of

NMFS monk seal satellite tracking data to

identify important foraging grounds in the

NWHI, and has mapped previously undescribed seamounts that the telemetry indicate

are important to the seals.

Science Planning

A primary role for the reserve in NWHI

characterization, research, and monitoring is

the coordination and planning of these

science activities. In 2003, the reserve

convened a three-day workshop (Information

Needs for Conservation and Management: A

Workshop on the Northwestern Hawaiian

Islands, May 2003) to identify and prioritize

information needs for conservation and

management in the region. Over 100 scientists, resource managers, and other stakeholders participated. The reserve also co-sponsored a science symposium on the NWHI

(Northwestern Hawaiian Islands Third

Scientific Symposium, Nov. 2004) that

featured presentations on research conducted

in the NWHI since the last major symposium

held over two decades ago. 

Most recently, with the information on the

state of knowledge and prioritized research

needs provided by the symposium and workshop, the reserve has launched an initiative

Galapagos sharks are common on most reefs throughout the NWHI,

one of the few coral reef ecosystems remaining on the planet still 

dominated by apex predators. Photo: James Watt

11
in cooperation with agency partners to

develop a long-term regional research plan

for the Hawaiian Archipelago. Concurrent

with this effort is a focused process to

develop a research plan for the proposed

sanctuary.

Ongoing and Future Activities

A collaboration with NOAA’s Center for

Coastal Monitoring and Assessment

(CCMA) is underway to develop a GISbased biogeographic assessment of the habitats and living marine resources of the

NWHI. Scheduled to be completed in

FY2007, the assessment will involve a

synthesis of existing data, as well as field

investigations, to acquire new information

with goals of better defining areas of special

ecological importance and identifying spatial

and temporal links between organisms and

their habitats.

Monitoring of coral reef biota and coral

health will continue annually on RAMP and

other cruises aboard Hi‘ialakai. In order to

evaluate the adequacy of data collection

protocols used for this characterization and

monitoring, the reserve is supporting an

external peer review and analysis of data

collected between 2000 and 2004. This

study, to be conducted in FY2006 by the

University of Miami’s Rosentiel School of

Marine and Atmospheric Science, will

include evaluations of the data collected by

the reserve and NMFS using REA protocols.

These analyses may be enlarged in future

years to include reviews of fisheries stock

assessment data, oceanographic data, and

other data sets considered influential to

resource management in the NWHI.

The reserve anticipates further collaborations

with Hawai‘i Undersea Research Laboratory

to expand characterizations of the extensive

areas of deep-water benthic habitats within

reserve boundaries. In addition, the reserve

is a collaborator on proposals to utilize technical diving and closed-circuit rebreather

technology to investigate unexplored reefs

deeper than those typically accessed by

open-circuit scuba divers, but shallower than

those visited on submersible dives.

Finally, developing fully functional ecosystem models that reflect the complexity and

dynamic nature of the NWHI marine environment is a long-term goal of the reserve’s

science program. This synthesis of characterization, monitoring, and research data is

expected to yield both descriptive and

predictive ecosystem models to help

managers better understand ecosystem function and to serve as a decision-making tool

to improve management of natural resources

and human activities.

State of Hawai‘i coral biologist Greta Aeby is among

the scientists who are actively advancing ecosystem

science and management techniques in the “natural

laboratory” of the NWHI. Photo: James Watt

12
he Executive Orders, the National Marine Sanctuaries Act, and NOAA, as well as

the President’s U.S. Ocean Action Plan (2004) all identify the need to build an

involved and ocean literate public as essential to achieving the goal of long-term

protection for the ocean. As such, the reserve has included education, outreach and

constituency development as central components of its research and management activities

since inception. The reserve’s outreach efforts focus on raising awareness of the little known

Northwestern Hawaiian Islands region and enlisting the public’s support to protect the area.

All of the reserve’s education and outreach projects and programs have been developed in

partnership with other agency and educational institutions. These programs have been

designed to engage the public in reserve development, sanctuary designation, research and

field activities, as well as management of Hawaii’s marine resources more generally. Through

support of its Reserve Advisory Council, the reserve has also made strong headway in building a broad base of constituent support including conservation advocates, scientists, ocean

users and fishermen. Following guidance from the Executive Orders, the reserve has also

fostered relationships with Native Hawaiians through partnerships with key Native Hawaiian

organizations and community leaders and through support and facilitation of cultural access to

the NWHI. Combined, these education, outreach and constituent development initiatives

strive to deepen appreciation for Hawaii’s unique ocean heritage, enhance ocean literacy, and

build an informed, involved constituency that actively supports ocean conservation. 

Education, Outreach and

Constituency Development

13

Kamehameha

School students at

Mokupäpapa

Discovery Center

in Hilo. Photo:

James Watt
14

ACCOMPLISHMENTS

Constituency Development

Together with its partners, the reserve has

fostered and built a large and active

constituency to assist in the goal of long-term

protection for the NWHI region. A Reserve

Advisory Council was established in 2001 to

act as a conduit to a diverse range of public

interests, and provide input to the reserve from

these different constituencies. Seats on the

council include representatives from Native

Hawaiian, research, education, commercial

and recreational fishing, ocean-related tourism,

and conservation interests, as well as citizenat-large and representation from State and

Federal government agencies. Council

members have played an integral part in the

formulation and evaluation of the ROP and are

currently active in developing the draft

management plan for the proposed sanctuary. 

Native Hawaiians are intimately connected to

the NWHI on genealogical, cultural and spiritual levels and this connection is celebrated in

traditional songs, chants and stories. The

Executive Orders made particular mention of

the importance of involving the Native

Hawaiian community in decisions concerning

noncommercial subsistence, cultural or religious Native Hawaiian uses in the NWHI.

Additionally, the reserve sees Native Hawaiian

involvement in the process to develop a

management framework for the NWHI as

essential to its success and longevity. To

achieve this goal, the reserve has held workshops for Native Hawaiians to collect their

input on what activities would be culturally

appropriate for the region, and to enlist their

support in developing a Native Hawaiian advisory body that would review proposals for

future cultural activities. The reserve has also

provided financial and logistical support for

projects of interest to Native Hawaiians, such

as the development of an undergraduate course

at the University of Hawai‘i on the NWHI,

emphasizing the area’s cultural significance.

The reserve has also provided funding and

logistical support for cultural research and

education, and created bilingual exhibits in the

Mokupäpapa: Discovery Center that are in

both Hawaiian and English languages.

Through list serve updates, web-based information, and the use of media for distributing

its messages, the reserve has developed a

broad following, and this is evidenced by the

over 52,000 public comments received to date

on various management initiatives. Since

2002, reserve coordinated research expeditions

to the NWHI have carried educational staff

who regularly post web expedition updates to

a multiagency education project website

(www.hawaiianatolls.org). These updates have

allowed viewers from around the world to

connect with the NWHI, and to understand

research the reserve and partner agencies are

conducting to inform management of NWHI

coral reef and deepwater ecosystems.

Exhibits and Interpretive Facilities

The reserve opened Mokupäpapa: Discovery

Center for Hawaii’s Remote Coral Reefs in

May 2003 to introduce people to the natural

science, culture, and history of the NWHI and

Cultural sites at Mokumanamana indicate use of the

islands and surrounding oceans by Native Hawaiians.

Photo: Andy Collins
the surrounding marine environment. The

4,000-square-foot facility utilizes interactive

displays, three-dimensional models, a 2,500-

gallon salt-water aquarium, and immersive

theater experiences that stress the need for

protection of NWHI reefs, waters and their

inhabitants. By October 2005, the center had

hosted more than 125,000 visitors. Most of

the still and video images used at the center

were collected by reserve education team

members during research expeditions to the

NWHI. These images have been used extensively by the reserve and its partners, as well

as by educators in school projects. The

reserve has also created traveling exhibits used

for outreach events.

Informal Education 

In August of 2005, the reserve conducted its

first “Educator at Sea” expedition to the

NWHI aboard the NOAA Ship Hi‘ialakai.

Ten Hawai‘i educators were chosen to participate in a 10-day voyage of discovery to the

NWHI, visiting the nearshore waters of Nihoa,

Mokumanamana and French Frigate Shoals.

During the expedition, led by the reserve and

supported by the U.S. Fish and Wildlife

Service, Hawai‘i Sea Grant, NOAA National

Marine Fisheries Service (NMFS), University

of Hawai‘i and NOAA Marine and Aviation

Operations, the educators produced

educational activities, lesson

plans, and journals that were posted to the

hawaiianatolls.org website, and several

communicated via email with their classes. As

a follow-up project, the educators will be

producing curriculum about the NWHI, and

sharing their experiences at education conferences and in community presentations.

Experiential education for teachers in the

NWHI will help to bring these remote atolls

into Hawai‘i classrooms to help address the

general lack of knowledge of, and the need to

protect, the region.

The reserve coordinates and hosts free

monthly community presentations at

Mokupäpapa: Discovery Center on a variety

of ocean related topics, and many of the

presenters are from State and Federal partner

organizations. Community and school groups

also schedule visits to the center, where they

are given an educational tour of the facility.

As of October 2005, 345 groups have taken

advantage of this opportunity. Reserve staff

also regularly give community presentations,

exhibit at community events, and host lecture

series centered around NWHI topics with partner organizations, the most recent being a twomonth-long weekly series of presentations at

Hanauma Bay Nature Preserve in Spring 2005.

Formal Education 

The reserve is one of the founding members of

the Navigating Change educational partnership that began in 2002. Navigating Change

seeks to motivate people to change their

values, attitudes and behaviors in order to take

better care of our island and marine environments. The partnership strives toward this

goal through curricula that use NWHI ecosystems as an example by which to compare our

main Hawaiian Islands. Through this comparison, students develop an understanding of

what healthy Hawaiian ecosystems are and

how we can help to change our values and

behaviors to be better stewards of our island

home. The 4th-5th grade curriculum is

15

Educators

recently 

journeyed to

the NWHI,

developing

lesson plans

and activities to

bring their

experiences and

messages of

ocean conservation

into classrooms.

Photo: Andy Collins
16

infused with cultural and thematic elements

that use the famed Polynesian voyaging canoe

Höküle‘a as a vehicle for this change. 

The Hawai‘i DOE standards-based Navigating

Change Teacher’s Guide and video series is at

the core of this initiative. The teacher’s guide

was developed by the reserve and its partners –

the State of Hawai‘i, Bishop Museum,

Polynesian Voyaging Society, University of

Hawai‘i, Castle Foundation, and the U.S. Fish

and Wildlife Service. Educational materials

have been distributed to teachers through

ongoing statewide teacher workshops and State

of Hawai‘i Department of Education networks. 

Outreach and Media

The reserve has begun to develop a broad

outreach program with a primary focus of

increasing knowledge of the NWHI and public

involvement in long-term protection of this

region, particularly in the proposed NWHI

sanctuary designation process. The reserve has

fostered relationships with the media to

provide accurate information to the public on

reserve management and public process activities, NWHI research expeditions, educational

programs, and public events. These relationships have resulted in more accurate coverage

in local and national media, including feature

articles in several periodicals. Prior to the

public scoping meetings held in 2002, the

reserve developed television and radio spots as

well as newspaper ads to inform the public of

the sanctuary designation process and encourage participation in the scoping process. 

Most recently, the reserve collaborated with

noted nature photographers Susan Middleton

and David Liittschwager to produce an exhibit

(Archipelago: Portraits of Life in the World’s

Most Remote Island Sanctuary) showcasing

NWHI flora and fauna, threats posed by natural and human-caused factors, and multiagency

efforts to protect this special and unique

marine region. The exhibit began its national

tour in September 2005 and, along with feature

stories in National Geographic magazine and

other publications, has already begun to

increase public understanding of the region and

the need for resource protection.

Ongoing and Future Activities

In the near future, the reserve will focus primarily on outreach related to sanctuary designation, to maximize public participation in this

process. This involves the production and

broad dissemination of materials such as

brochures and booklets on resource management issues and the region, to provide the

public with the contextual background they

need to provide informed input. 

The long-term goal of building an informed

and involved constituency will be achieved

through targeted education and outreach to

specific user and constituent groups. Programs

highlighting topics of interest to Native

Hawaiians, fishing, conservation, research,

education and other stakeholder groups will be

developed and will strive to build cross-interest

appreciation for broader conservation goals.

“Educator at Sea” and other types of educational expeditions to the NWHI will be continued. The reserve will continue to provide

reports to, and solicit advice from, the Reserve

Advisory Council and other constituent advisory groups. The reserve will also work with

the Native Hawaiian community to identify

cultural needs and priorities, and explore ways

of integrating Native Hawaiian traditional

ecological knowledge and resource management concepts into management of the reserve. 

Activities to increase ocean literacy will continue

to be of primary importance. Educational

programs offered at Mokupäpapa, curriculum

and other educational products will be expanded.

New technologies such as telepresence, live

broadcasts from NOAA ships, and virtual simulations will also be used to convey the

wonder of the NWHI to the public. 
rimary reserve operations include asset management, human resources development and the development of the Reserve Operations Plan. Ever-evolving collaborations with the Reserve Advisory Council, stakeholder constituencies and partner

agencies have greatly contributed to the reserve’s growth and effectiveness to date. 

As a “startup” organization, the reserve was initially challenged not only with fulfilling its

mandate as the largest marine protected area under U.S. flag, but also with the enormous

planning effort of sanctuary designation under the National Environmental Policy Act

(NEPA) and National Marine Sanctuaries Act. This dual role has required considerable

management discipline and flexibility. 

In 2001, the reserve established its offices in Hilo and Honolulu. The Honolulu office was

located near the O‘ahu office of the Hawaiian Islands Humpback Whale National Marine

Sanctuary. The reserve’s early focus was to develop its research, planning and operational

capacity. Plans also began to design and build the 4,000-square-foot visitor center featuring

interpretive exhibits on the Northwestern Hawaiian Islands in Hilo. 

In addition to hiring staff and setting up offices and facilities, the reserve immersed itself in

developing an information technology capacity, seated and supported the Reserve Advisory

Council, and initiated the establishment of an interagency committee to begin to build strong

relationships with the State of Hawai‘i, U.S. Fish and Wildlife Service, NMFS, U.S. Coast

Guard and U.S. Department of Defense. 

17

Site Operations

P

Reserve Advisory

Council workshop

to help develop

draft management

plan. Photo:

Andy Collins
18

ACCOMPLISHMENTS

Infrastructure Development 

and Asset Management

In its first year, the reserve planned,

constructed and staffed offices in Honolulu

and Hilo, as well as built and operated the

Mokupäpapa: Discovery Center in Hilo.

For each fiscal year, the reserve develops

annual operating plans and corresponding

budgets to carry out priority strategies and

activities designed to meet the mandates and

management principles of the reserve. To

maximize the efforts of a small staff, the

reserve hired an information technology (IT)

specialist to design, install and manage the

IT system. After operating for three years

out of temporary office space in Honolulu,

the reserve collaborated with the Hawaiian

Islands Humpback Whale National Marine

Sanctuary and NMSP Pacific Islands Region

to co-locate within a regional Honolulu

office. 

New office blessing. Reserve and Humpback Whale NMS staff co-locate in Pacific Region NMS office in 2004. Photo: Paul Wong

The reserve simultaneously worked with its advisory council to develop its operations plan

and initial planning for sanctuary designation. In 2002, the sanctuary designation process

was jumpstarted with public scoping meetings on all islands and in Washington, DC. With

over 13,000 comments and more than 1,000 people attending public meetings, work focused

on priority setting and issue characterization. 

Since then, reserve operations have focused on developing adequate human resources and

infrastructure to support the growing operational, field and designation needs of the reserve

and proposed sanctuary. 
Human Resources Development

To carry out its management objectives and

priorities, the reserve established its organizational structure and capacity, expanding

from two to 15 full time federal and contract

employees in a five-year period. The reserve

signed multi-year memoranda of agreement

with the Research Corporation of the

University of Hawai‘i and with the State of

Hawai‘i Department of Land and Natural

Resources, to focus on reserve operations

and planning and sanctuary designation. As

part of the planning process for the proposed

sanctuary, the reserve has developed human

resource needs projections for the next five

to seven years. 

Operations Planning

Pursuant to the Executive Orders, reserve

staff completed the final ROP, incorporating

input provided by NOAA, the Reserve

Advisory Council, partner agencies and

about 27,000 public comments submitted in

two rounds of public review. The reserve

initiated, completed or is continuing implementation of the majority of activities and

strategies identified in the ROP as priority

areas. In the sanctuary designation process,

staff have utilized the ROP as a foundation

for developing a draft management plan for

the proposed sanctuary. In addition, the

reserve has developed various plans for

reserve functions like outreach and research. 

Interagency Coordination 

and Collaboration

Unified ocean governance is a goal and

priority for the reserve and proposed sanctuary. In an effort to reach this goal, the

reserve has forged cooperative relationships

with state and federal agencies with longstanding stewardship responsibilities in the

region. In 2001, the reserve initiated the

establishment of a committee of agencies

with management jurisdiction or authority in

the region. The interagency group focused

its early efforts on identifying shared needs

in the region and areas of management for

agencies to specifically collaborate on.

Identifying areas such as field operations,

research, permitting and education, the interagency committee drafted an interagency

memorandum of understanding pursuant to

the Executive Orders that, although not yet

final, has served as a foundational document

to guide how the agencies work together.

Today, the reserve closely coordinates its

research, permitting and educational outreach

efforts with its jurisdictional agency partners

to serve the mutual goal of providing seamless protection to the resources of the

NWHI.

19

14 million seabirds, like this brown booby, nest in the

NWHI and depend on resources of both land and sea

for their survival. Photo: Dan Suthers
iven the remote location and distance from the main Hawaiian Islands, effective

and safe field operations are essential in enabling successful management efforts

in the NWHI. Field operations include the planning, resource allocation and asset

management required to conduct on-the-ground research, management, enforcement and education activities in the region. This work includes: coordination of regional field

activities across jurisdictions; emergency response and restoration; ship time allocation and

cruise planning; permitting; land-based field activities at Midway and Kure Atolls; support for

marine debris removal; enforcement and surveillance; and maritime heritage research. 

Although the reserve has no land-based assets, it has supported land-based activities at Kure,

Midway and throughout the Hawaiian Islands National Wildlife Refuge. The reserve has also

conducted initial scoping and planning efforts with the USFWS to plan for the possible establishment of a NOAA field station or seasonal presence at Midway National Wildlife Refuge.

In 2001, the reserve also assisted with field-based outreach and media efforts to raise awareness about the serious problem marine debris poses to the NWHI. 

Responding to needs identified by an interagency committee, the reserve also led a planning

effort with other State and Federal agencies for coordinated enforcement and surveillance in

the region. These efforts have identified the need to develop a field-based component as part

of a coordinated enforcement approach. 

20

Field Operations

G

NOAA Ship

Hi‘ialakai.

Photo: Karl

Hedberg/

NOAA 
21

ACCOMPLISHMENTS

Field Season Planning 

and Coordination

Agencies have operated informally in the

NWHI for decades, sharing information about

research, monitoring, management and

restoration activities planned for given field

seasons. However, no formally coordinated

field season planning or coordination took

place until 2003 when the first regional field

season planning meeting was organized by

the reserve. Since then, such a meeting has

been organized annually by the reserve to

gather researchers, managers, contractors and

ship crew together to coordinate and maximize transport platforms, resources and

assets, research priorities and management

measures. These annual meetings have led to

coordinated ship time planning meetings,

interagency permit discussions and recommendations and increased communication

overall in sharing information among scientists, ship crew and managers. 

Permitting

The Executive Orders identify protection and

conservation measures, Reserve Preservation

Areas and other prohibitions necessary to

implement the management principles and

purposes of the combined orders. The

Executive Orders also provide the Secretary

of Commerce the ability to authorize by

permit otherwise prohibited activities to the

extent that they are deemed necessary for

research, monitoring, education or management. As such, the reserve has developed

permit guidelines and a permit program to

review proposed activities in the reserve to

determine whether or not the activity would

require a permit and whether such a permit

should be granted. This system has enabled

the reserve to begin to track uses and impacts

and collect information that can be used to

plan for, and develop, a comprehensive

permit system for the proposed sanctuary.

The reserve is working with its jurisdictional

partners to develop a streamlined permit and

notification program, as a coordinated permit

system was identified as a primary need

within the interagency committee (see Site

Operations). Input from multiple sources —

the reserve’s interagency partners, the RAC,

and the public — is being synthesized to

develop permit criteria, draft regulations, and

changes to NMSP national permit guidelines.

These steps are integral to the implementation of a coordinated sanctuary permit system

and preparation of educational materials for

the proposed NWHI sanctuary. Although

informally conducted already, the reserve and

partner agencies are developing a coordinated

outreach program for permit holders to

increase voluntary compliance with protection measures and regulations. 

Enforcement

Surveillance and enforcement is clearly one

of the most important management needs in

the NWHI. Recognizing this need, the

reserve sponsored a series of discussions and

workshops on enforcement and remote technologies to increase involvement of partner

enforcement agencies and provide opportunities to discuss and prioritize potential applications and use of satellite, remote sensing,

radar, vessel identification and monitoring

technologies. The workshops yielded an

exchange of ideas and the framework for an

interagency plan which participants hope will

lead to shared solutions and cost savings

among agencies in developing a unified

approach to surveillance and enforcement in

the NWHI. The workshop results are also

being used to develop the enforcement action

plan for the draft management plan for the

proposed NWHI sanctuary.
Marine Debris Removal

The reserve has contributed significant funding, in partnership with other agencies, for

ongoing marine debris clean-ups in the

NWHI. The reserve will continue to support

removal efforts, community outreach and

debris prevention as long as this problem

persists. The ultimate outcome sought –

complete elimination of marine debris – may

be impossible to achieve in the foreseeable

future due to the financial cost, the size of the

area and continual influx of new debris estimated at 40-60 metric tons per year. But

removal and detection of existing debris, and

reduction of incoming debris through

outreach that builds awareness and compliance, are achievable strategies to reduce the

overall impact of debris over time. 

As of 2005, 542 tons of debris had been

removed from NWHI reefs, and the majority

of shallow water habitats in the NWHI had

been visited at least once. At its peak year in

2004, the program collected 125 tons of

debris. In 2006, the debris removal program

will shift from primarily a clean-up effort to

maintenance and prevention. This new level

of effort will significantly reduce, by roughly

66%, the cost and resources associated with

the annual debris removal, while attempting

to keep up with the estimated influx of new

debris. Additionally, new technologies such

as ghost net detection and removal at sea will

be investigated, and new prevention programs

will be initiated.

The reserve also led a field-based outreach

and media effort in 2001 to help raise awareness of the problem. In 2005, the reserve

submitted a proposal resulting in NOAA

funding to hire a marine debris outreach coordinator in Hawai‘i to increase awareness and

organize community resources around marine

debris issues in the Main Hawaiian Islands.

Response, Damage 

Assessment and Restoration

The ability to respond quickly to vessel

groundings and other emergencies and to

prevent the introduction and spread of alien

species are critical in protecting these remote

ecosystems, where help takes days to arrive.

The July 2005 grounding of the M/V Casitas

at Pearl and Hermes Atoll served as a sobering reminder of the challenges of responding

with quick, effective, coordinated assistance

among federal and state agencies. The

reserve participated in the coordinated emergency effort and played an organizing role in

gathering experts to assess damage to NWHI

reef ecosystem resources in the wake of the

grounding, enhancing the reserve’s response

capacity throughout the process. This incident and a small ship fire aboard the NOAA

Ship Hi‘ialakai has led the reserve and all

22

NOAA marine debris removal in the NWHI.

Photo: Amy Hall
agencies to strengthen their collective capacity to conduct response, assessment and

restoration efforts. 

Alien species prevention is also a primary

concern for the reserve. The reserve works

closely with the command of the Hi‘ialakai 

to carry out an alien species hull inspection

pilot program. Prior to the ship’s departure 

to the NWHI, an aquatic invasive species

specialist hired by the reserve works with

ship personnel to methodically inspect the

hull for the presence of alien organisms. If

any species foreign to NWHI waters are

detected, a thorough cleaning of the 224-foot

hull is performed by a crew of contracted

professionals utilizing pressure washers or

other appropriate equipment. Such preventionoriented procedures ensure that alien organisms are removed before the ship leaves port. 

Maritime Heritage

Prior to the establishment of the reserve’s

marine heritage program, maritime heritage

resources and other sites of historical, cultural

and archaeological significance had not been

assessed or protected in the reserve. Although

in its infancy, the mapping and thorough cataloging of these sites by the NMSP Pacific

Region, in partnership with the U.S. Fish and

Wildlife Service, the State of Hawai‘i, and

historic preservation organizations, is an

important step forward in the preservation of

maritime heritage artifacts in the region. 

There are currently 52 known vessels and

airplanes lost within the region, but many

more may yet be discovered and documented.

The NMSP has already located the remains of

vessels not previously identified such as the

19th-century American warship USS Saginaw

at Kure Atoll; discovered previously undetected and undocumented vessels; and

surveyed a half dozen other known vessels

for the first time. 

Land-Based Field 

Activities and Planning

Although the reserve’s jurisdiction starts at

the three-mile boundary of State waters

surrounding all emergent features in the

NWHI, access to land and the development of

land-based activities and infrastructure is

essential to successful marine resource

management in the region. Through a

Memorandum of Agreement with the State of

Hawai‘i, the reserve supported and helped to

initiate a year-round field capacity at Kure

Atoll to enhance research and management at

the northernmost atoll. Having a field presence also enhances surveillance capabilities to

identify ship traffic and potential unauthorized use of reserve waters and resources. 

In addition to the support at Kure, the reserve also

began scoping discussions and initial planning

with the USFWS regarding the establishment of 

a reserve/proposed sanctuary field station at

Midway. Aside from these field stations, the

reserve has also supported land-based research

and management efforts by carrying supplies and

personnel aboard chartered vessels and NOAA

ships to enhance the ability of our partner

agencies to do their work. 

23

NOAA diver surveys USS Macaw remains off Midway

Atoll. Photo: Robert Schwemmer
he process of designating the Northwestern Hawaiian Islands Coral Reef Ecosystem

Reserve as a national marine sanctuary has been the reserve’s primary activity since

2002. The National Marine Sanctuaries Amendments Act of 2000 and the Executive

Orders mandated NOAA to initiate the process to designate the reserve as a national marine

sanctuary to provide long-term protection for special areas of the marine environment. The

reserve is currently undergoing a public process to consider its designation as the country’s 14th

national marine sanctuary. This process builds on the reserve’s ongoing efforts to maintain the

natural biological communities and protect and enhance NWHI habitats and ecological

processes, and to manage activities using an ecosystem-based approach. 

NOAA initiated the designation process in 2001, joining in a century-long history of federal

actions to protect this region’s ecological richness. Since 1903, six presidents and Congress

have recognized the immense value of these ecosystems and acted to safeguard them. Most

recently President George W. Bush identified the protection of the NWHI marine region as a

national priority in the U.S. Ocean Action Plan (December 2004). 

The sanctuary designation process is comprised of four main components: public and interagency input, management plan development, draft regulations development, and environmental

impact statement development. 

24

Sanctuary Designation

T

RAC members

discuss key

issues in the

draft management plan.

Photo: Andy

Collins
25

ACCOMPLISHMENTS

Public and Interagency Input

The hallmark of the sanctuary designation

process is active public, RAC, stakeholder, 

and interagency input and coordination. The

scoping phase of the process was initiated on

March 26, 2002, and will continue through 

the completion of the EIS. 

Nearly 52,000 public comments have been

submitted during several comment periods

associated with management of the area —

visioning (not under reserve), scoping, and

ROP public scoping processes. Most support

strong protection. The reserve has gathered

valuable public input through a variety of meetings, workshops, and subcommittees including

those associated with the RAC, the general

public, and those run in cooperation with interagency partners. Collectively this stakeholder

involvement has been used to identify key

management issues for the proposed sanctuary

and develop a draft management plan to

address those issues thereby establishing a

clear direction for the proposed sanctuary in the

future. 

Significant milestones in the scoping process to

date include:

Notice of Intent (NOI) issued in 

Federal Register - January 2001

Public scoping meetings held in Hawai‘i 

and Washington, D.C. - April 2002

Information Needs Workshop - May 2003

Interagency meetings conducted 

regularly - 2001 to Present

RAC and stakeholder meetings 

conducted regularly - 2001 to Present

Management Plan Development

The completion of the ROP represents a significant step forward in the sanctuary designation

process. The draft sanctuary management plan,

based on the ROP as a foundation, outlines five

priority management needs and 22 action plans

written in an issue-based, outcome-focused

framework. This framework is designed to

meet the goals and objectives of the proposed

sanctuary that were developed in coordination

with the council and interagency partners. 

Significant milestones in the development of

the draft management plan include:

Goals and Objectives Statement 

developed - July 2003 to July 2004

Reserve Operations Plan finalized

- March 2005

RAC Management Plan Subcommittee 

meetings - March 2004 to April 2005

RAC Management Plan Workshop 

- April 2005

Regulations and Permits

The NMSA requires that the NMSP develop

proposed sanctuary regulations to be released

for public comment along with the draft EIS.

The reserve is drawing on input from scoping

meetings, discussion groups, interagency meetings, and the RAC to develop a draft set of

regulations for the proposed sanctuary.

The primary purposes of the proposed regulations are to protect, preserve, and manage the

resources and qualities of the sanctuary. The

regulations will address issues associated with

access, use, and resource extraction within the

proposed sanctuary.

The reserve and its interagency partners each

have their own regulatory and permitting

regimes. However, there is a great deal of

overlap among them. As a result, the proposed

sanctuary’s draft regulations and permit structure is being developed in a cooperative manner

aimed at simplifying application procedures

and eliminating redundancy. 
Next Steps 

1 2 3 4 5 6

• Draft MP

• Regulatory

development

• EIS analysis

• DMP/EIS/regs 

undergo

agency review 

• NOAA, DOC 

review of 

DMP/EIS,

draft regs

• Agency 

comment

• Edits

• DMP/EIS/regs 

printed

• DMP/EIS 

and draft

regulations 

become

available to 

public

• Initiate 60-day 

public

comment

period 

• Public 

meetings

are held in 

Hawai‘i, DC

• Public

comment

received

• Respond to

comments,

incorporate

changes

• NOAA, DOC 

review

• Final EIS 

printed

• Notice of 

Intent

published

• Notice of 

Designation

published

• Designation

process is

completed

2005 2006 2007

This process will take time to be fully

implemented, and the draft regulations and permit

structure will prepare the way for this process to

take place. Such coordination, combined with the

detailed analyses discussed above, will help

provide a framework for comprehensive resource

protection.

Environmental Impact Statement

The NMSA requires that an EIS be prepared for

all new sanctuary proposals. A draft EIS considering a range of alternatives for sanctuary designation is currently being developed. The draft

EIS will describe the purpose and need for sanctuary designation, the alternatives being considered, the affected environment, and potential

environmental consequences of each alternative. 

Existing information and data from a wide range

of sources are being used to prepare the draft

EIS. A few examples of these sources are diver

surveys conducted during Reef Assessment and

Monitoring Program (RAMP) expeditions,

detailed multibeam seafloor surveys to establish

geographically based management zones; deepwater bottomfish surveys to aid in resource

management decisionmaking; and marine

mammal tracking research to identify important

habitat for protection. As a result, the range of

alternatives in the draft EIS reflect the most

current scientific information available. These

alternatives are currently under review by the

NMSP and, along with the draft management

plan and draft regulations, should follow the

timeline below.

The draft EIS is projected to be released to the

public in Summer 2006 and this will commence a

60-day public comment period. During that time,

a series of public meetings will be held in

Hawai‘i and Washington, D.C. A final EIS will

be developed and released to the public, with a

record of decision concluding the designation

process in 2007.

26
27

he reserve will continue to carry out the mandates specified in the founding Executive

Orders, as well as activities documented in the Reserve Operations Plan. The “principle

purpose” of the reserve as stated in EO 13178 is “the long-term conservation and protection of the coral reef ecosystem and related marine resources and species of the Northwestern

Hawaiian Islands in their natural character.” With broad public participation incorporated into the

process, designation of the reserve as a national marine sanctuary will remain our primary focus. 

The reserve will continue to collaborate with the State of Hawai‘i and other federal partners (U.S.

Fish and Wildlife Service, NMFS, U.S. Coast Guard, U.S. Department of Defense, etc.) to practice

unified ocean governance that will benefit the living resources of the region. Forging links of

cooperation across jurisdictions to reach constituencies has proven a successful strategy that the

reserve will continue to employ in implementing successful ecosystem-based management. Most

of the reserve’s activities are already highly collaborative, but coordination, communication and

sharing of resources can always be improved to increase effectiveness as well as minimize

management and regulatory redundancy.

Through all these efforts, the reserve will also continue to solicit the advice of the Reserve

Advisory Council on implementation of the Reserve Operations Plan and designation and management of any sanctuary. The reserve will continue to provide regular updates to the RAC and partners on its continued progress made in implementing the reserve, the ROP, and designation.

Additionally, the reserve will also solicit advice from certain key constituencies that are integral to

effectively manage the region. The Native Hawaiian, research, fishing, and the conservation

communities are a few of these key constituency groups.

The Future

T

Spinner

dolphins at

Midway Atoll.

Photo: James

Watt
The reserve will continue to work with our partners, State and Federal jurisdictional agencies,

WPFMC, PIRO, university and other research and conservation organizations, to study, characterize, and monitor the natural ecosystems in the NWHI to better understand them and

develop adaptive management approaches to protect them. As new scientific data and developments arise, the reserve will seek to refine and utilize innovative management strategies to

maintain the rich biodiversity of the region. Such strategies can contribute to the emerging

field of ecosystem science and management and benefit marine protected areas elsewhere.

The proposed designation of the Northwestern Hawaiian Islands Coral Reef Ecosystem

Reserve as a national marine sanctuary affords the nation the opportunity to affirm that there

should be places in our planet’s oceans set aside because they are important, unique, and irreplaceable. The establishment of strong ecosystem-based management practices across jurisdictions would foster unified ocean governance throughout the region, unprecedented in this

country across such a large geographic area. The reserve has also enabled meaningful

involvement of the Native Hawaiian community in managing the region and enhanced our

collective ability to conduct landmark research of vast, healthy coral reefs, largely free of

human impacts. Most importantly, the reserve and proposed sanctuary in the NWHI provides

our nation with the opportunity to preserve and protect the biodiversity, health, heritage, and

social and economic value of U.S. coral reef ecosystems in a way that is worthy of this

unique and special place.

Over 90% of

Hawaii’s green

sea turtles nest

at French Frigate

Shoals. Photo:

James Watt

28
29

The National Marine Sanctuary Program

In 1972, exactly 100 years after the first national park was created, the nation made a similar commitment to

preserve its underwater treasures by establishing the National Marine Sanctuary Program. Today, NOAA’s

National Marine Sanctuary Program serves as the trustee for a system of 14 marine protected areas encompassing more than 150,000 square miles stretching from the Florida Keys to American Samoa. 

Sanctuary habitats include beautiful rocky reefs, lush kelp forests, whale migration corridors, spectacular

deep-sea canyons, and underwater archaeological sites. Each national marine sanctuary is a special place —

an underwater world so rich in biological and/or cultural resources that it needs to be protected and managed.

National marine sanctuaries can provide a safe refuge for species close to extinction or a “museum” that

preserves in place rare cultural resources. They are also natural classrooms that demonstrate the intricate

workings and fragile balance of life on our blue planet, inspiring us to become respectful caretakers of our

environment.

The National Oceanic and Atmospheric Administration

The National Oceanic and Atmospheric Administration manages sanctuaries through authority of the National

Marine Sanctuaries Act, in accordance with its mission goal to protect, restore, and manage the use of coastal

and ocean resources through an ecosystem-based approach to natural resource management. NOAA’s

Ocean Service oversees the sanctuary system.

Appendix A
Thursday,

December 7, 2000

Part X

The President

Executive Order 13178—Northwestern

Hawaiian Islands Coral Reef Ecosystem

Reserve

30

Appendix B
Presidential Documents

76903

Federal Register

Vol. 65, No. 236

Thursday, December 7, 2000

Title 3—

The President

Executive Order 13178 of December 4, 2000

Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including the National Marine Sanctuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries

Amendments Act of 2000, Public Law 106-513, and in furtherance of the

purposes of the Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries

Act (33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C.

1451 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine

Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act (33 U.S.C.

1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.),

National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-ee),

and other pertinent statutes, it is ordered as follows:

Section 1. Preamble. The world’s coral reefs—the rain forests of the sea—

are in serious decline. These important and sensitive areas of biodiversity

warrant special protection. While United States waters contain approximately

3 percent of the world’s coral reefs, approximately 70 percent of U.S. coral

reefs are in the Northwestern Hawaiian Islands. The 3.5 million acres of

coral reefs around the remote, mostly uninhabited Northwestern Hawaiian

Islands are spectacular and almost undisturbed by humans. The approximately 1,200 mile stretch of coral islands, seamounts, banks, and shoals

are unquestionably some of the healthiest and most extensive coral reefs

in the United States. In their own right, the spectacular coral reefs and

lands provide an amazing geological record of volcanic and erosive powers

that have shaped this area. This vast area supports a dynamic reef ecosystem

that supports more than 7,000 marine species, of which approximately half

are unique to the Hawaiian Island chain. This incredibly diverse ecosystem

is home to many species of coral, fish, birds, marine mammals, and other

flora and fauna including the endangered Hawaiian monk seal, the threatened

green sea turtle, and the endangered leatherback and hawksbill sea turtles.

In addition, this area has great cultural significance to Native Hawaiians

as well as linkages to early Polynesian culture—making it additionally worthy

of protection and understanding. This is truly a unique and special place,

a coral reef ecosystem like no place on earth, and a source of pride, inspiration, and satisfaction for all Americans, especially the people of Hawaii.

It is fully worthy of our best efforts to preserve a legacy of America’s

natural wonders for future generations. Due to the special significance of

this area, I have determined that it is in the best interest of our Nation,

and of future generations, to provide strong and lasting protection for the

coral reef ecosystem of the Northwestern Hawaiian Islands.

On May 26, 2000, I directed the Secretaries of Commerce and the Interior,

working cooperatively with the State of Hawaii and consulting with the

Western Pacific Fishery Management Council, to develop recommendations

for a new, coordinated management regime to increase protection of the

coral reef ecosystem of the Northwestern Hawaiian Islands and provide

for sustainable use of the area. Upon consideration of their recommendations

and comments received during the public visioning process on this initiative,

and based on the statutory authorities set forth above, I am issuing this

Executive Order.

31
76904 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents

Sec. 2. Purpose. The purpose of this Executive Order is to ensure the

comprehensive, strong, and lasting protection of the coral reef ecosystem

and related marine resources and species (resources) of the Northwestern

Hawaiian Islands.

Sec. 3. Establishment of Coral Reef Ecosystem Reserve. There is hereby

established in the Northwestern Hawaiian Islands a coral reef ecosystem

reserve to be known as the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve). The Reserve shall include submerged lands and

waters of the Northwestern Hawaiian Islands, extending approximately 1,200

nautical miles (nm) long and 100nm wide. The Reserve shall be adjacent

to and seaward of the seaward boundaries of the State of Hawaii and

the Midway Atoll National Wildlife Refuge, and shall overlay the Hawaiian

Islands National Wildlife Refuge to the extent that it extends beyond the

seaward boundaries of the State of Hawaii. The boundaries of the Reserve

are described in section 6 of this order.

Sec. 4. Management Principles. The Secretary of Commerce, or his designee,

(hereafter ‘‘Secretary’’) shall, subject to section 10(b) of this order, manage

the Reserve in accordance with the following principles:

(a) The principal purpose of the Reserve is the long-term conservation

and protection of the coral reef ecosystem and related marine resources

and species of the Northwestern Hawaiian Islands in their natural character;

(b) The Reserve shall be managed using available science and applying

a precautionary approach with resource protection favored when there is

a lack of information regarding any given activity, to the extent not contrary

to law;

(c) Culturally significant, noncommercial subsistence, cultural, and religious uses by Native Hawaiians should be allowed within the Reserve,

consistent with applicable law and the long-term conservation and protection

of Reserve resources;

(d) The Reserve shall be managed using, when appropriate, geographical

zoning and innovative management techniques to ensure that the Reserve

resources are protected from degradation or harm;

(e) To the extent consistent with the primary purpose of the Reserve,

the Reserve shall be managed to support, promote, and coordinate appropriate

scientific research and assessment, and long-term monitoring of Reserve

resources, and the impacts or threats thereto from human and other activities,

to help better understand, protect, and conserve these resources and species

for future generations;

(f) To the extent consistent with the primary purpose of the Reserve,

the Reserve shall be managed to enhance public awareness, understanding,

and appreciation of Reserve resources, and the impacts or threats thereto

from human and other activities;

(g) The Reserve shall be managed to further restoration and remediation

of degraded or injured Reserve resources; and

(h) The Reserve shall be managed to facilitate coordinated management

among Federal and State agencies and other entities, as appropriate, to

provide comprehensive (looking beyond jurisdictional boundaries) conservation of the coral reef ecosystem and related marine resources and species

throughout the Northwestern Hawaiian Islands, consistent with applicable

authorities and the Management Principles of this section.

Sec. 5. Implementation. (a) Management of the Reserve. The Secretary shall

manage the Reserve under the National Marine Sanctuaries Act and in

accordance with this order.

(b) Reserve Operations Plan. The Secretary, in consultation with the Secretary of the Interior and the Governor of Hawaii, shall develop an operations

plan to govern the management of the Reserve. In developing the Reserve

Operations Plan the Secretary shall consider the advice and recommendations

of the Reserve Council established pursuant to paragraph (c) of this section.


32
Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents 76905

The Reserve Operations Plan shall be directed at priority issues and actions

that, at a minimum, provide for:

(1) Coordinated management among the Reserve, Hawaiian Islands National

Wildlife Refuge, Midway Atoll National Wildlife Refuge, and the State of

Hawaii, consistent with relevant authorities;

(2) Coordination among Federal agencies and the Director of the National

Science Foundation to make vessels and other resources available for conservation and research activities for the Reserve;

(3) The cleanup and prevention of marine debris in the Reserve;

(4) The restoration or remediation of any degraded or injured resources

of the Reserve;

(5) Research, monitoring, and assessment of the Reserve;

(6) Education and outreach about the Reserve and its resources and efforts

to conserve them;

(7) Enforcement and surveillance for the Reserve, including the use of new

technologies and coordination with the United States Coast Guard and other

relevant agencies;

(8) Identification and coordination with Native Hawaiian interests, regarding

culturally significant, noncommercial subsistence, cultural, and religious uses

and locations within the Reserve;

(9) Identification of potential tourism, recreational, and commercial activities

within the Reserve and actions necessary to ensure that these activities

do not degrade the Reserve’s resources or diminish the Reserve’s natural

character;

(10) Use of vessel monitoring systems for any vessel entering or transiting

the Reserve, if warranted. To this end, the Secretary in consultation with

the Department of State, United States Coast Guard, and the Department

of Defense, shall evaluate the need for the establishment of vessel monitoring

systems and, if warranted, shall initiate the steps necessary to have the

appropriate domestic agencies, and request that the International Maritime

Organization, adopt a vessel monitoring system requirement for the Reserve;

(11) Any regulations, in addition to the conservation measures and Reserve

Preservation Areas established under this order, that the Secretary determines

are necessary to manage the Reserve in accordance with this order; and

(12) Coordination of all relevant activities with the process to designate

the Reserve as a National Marine Sanctuary, as provided under paragraph

(f) of this section.

(c) Conservation Measures. The Reserve Operations Plan shall also include

the conservation measures in section 7 of this order and the Reserve Preservation Areas in section 8 of this order.

(d) Memorandum of Agreement. To further paragraph (b)(1) of this section,

and subject to section 10(b) of this order, and in particular to promote

coordinated management of the entirety of the shallow areas of the coral

reef ecosystem throughout the Northwestern Hawaiian Islands, the Secretary

shall work with the Secretary of the Interior and Governor of the State

of Hawaii to enter into one or more memoranda of agreement for the coordinated conservation and management of the Reserve, Midway Atoll and Hawaiian Islands National Wildlife Refuges, and State of Hawaii submerged

lands and waters within the Northwestern Hawaiian Islands.

(e) National Marine Sanctuary. The Secretary shall initiate the process

to designate the Reserve as a national marine sanctuary pursuant to sections

303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433, 1434).

In doing so the Secretary shall supplement or complement the existing

Reserve. The Secretary shall, in consultation with the Governor of the State

of Hawaii, determine whether State submerged lands and waters should

be included as part of the sanctuary. In designating and managing the

76906 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents

sanctuary, the Secretary shall consider the advice and recommendations

of the Reserve Council established pursuant to paragraph (f) of this section.

(f) Council. After considering input from the Secretary of the Interior

and Governor of the State of Hawaii, the Secretary shall establish a Coral

Reef Ecosystem Reserve Council pursuant to section 315 of the National

Marine Sanctuaries Act (16 U.S.C. 1445a) to provide advice and recommendations on the Reserve Operations Plan and designation and management

of any sanctuary. The Council shall include:

(1) Three Native Hawaiian representatives, including one Native Hawaiian

elder, with experience or knowledge regarding Native Hawaiian subsistence,

cultural, religious, or other activities in the Northwestern Hawaiian Islands.

(2) Three representatives from the non-Federal science community with

experience specific to the Northwestern Hawaiian Islands and with expertise

in at least one of the following areas:

(A) Marine mammal science.

(B) Coral reef ecology.

(C) Native marine flora and fauna of the Hawaiian Islands.

(D) Oceanography.

(E) Any other scientific discipline the Secretary determines to be appropriate.

(3) Three representatives from nongovernmental wildlife/marine life, environmental, and/or conservation organizations.

(4) One representative from the commercial fishing industry that conducts

activities in the Northwestern Hawaiian Islands.

(5) One representative from the recreational fishing industry that conducts

activities in the Northwestern Hawaiian Islands.

(6) One representative from the ocean-related tourism industry.

(7) One representative from the non-Federal community with experience

in education and outreach regarding marine conservation issues.

(8) One citizen-at-large representative.

(9) One representative from the State of Hawaii as appointed by the Governor.

(10) One representative each, as nonvoting, ex officio members, from the

Department of the Interior, United States Coast Guard, Department of Defense,

Department of State, the National Marine Fisheries Service, the Hawaiian

Islands Humpback Whale National Marine Sanctuary, National Science Foundation, Marine Mammal Commission, and Western Pacific Regional Fishery

Management Council.

(g) Report. The Secretary shall provide a progress report on the implementation of this order to the Chair of the Council on Environmental Quality

within 1 year from the date of this order.

Sec. 6. Area of the Reserve. The Reserve includes the waters and submerged

lands of the Northwestern Hawaiian Islands as follows:

(a) The seaward boundary of the Reserve is 50nm from the approximate

center geographical positions of Nihoa Island, Necker Island, French Frigate

Shoals, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl

and Hermes Reef, Midway Atoll, and Kure Island. Where the areas are

not contiguous, parallel lines drawn tangent to and connecting those semicircles of the 50nm areas that lie around such areas shall delimit the remainder of the Reserve.

(b) The inland boundary of the Reserve around each of the areas named

in subparagraph (a) of this section is the seaward boundary of Hawaii

State waters and submerged lands, and the seaward boundary of the Midway

Atoll National Wildlife Refuge, as appropriate.

(c) The Reserve boundary is generally depicted on the map attached to

this order. The Secretary, after consultation with the Governor of the State

34
Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents 76907

of Hawaii, may make technical modifications to the boundary of the Reserve,

including providing straight-line boundaries for the Reserve for clarity and

ease of identification, as appropriate.

Sec. 7. Protection and Conservation Measures. The conservation measures

in this section apply throughout the Reserve.

(a) (1) Commercial Fishing. All currently existing commercial Federal

fishing permits and current levels of fishing effort and take, as determined

by the Secretary and pursuant to regulations in effect on the date of this

order, shall be capped as follows:

(A) No commercial fishing may occur in Reserve Preservation Areas pursuant

to section 8 of this order;

(B) There shall be no increase in the number of permits of any particular

type of fishing (such as for bottomfishing) beyond the number of permits

of that type in effect the year preceding the date of this order;

(C) The annual level of aggregate take under all permits of any particular

type of fishing may not exceed the aggregate level of take under all permits

of that type of fishing in the years preceding the date of this order, as

determined by the Secretary, provided that the Secretary shall equitably

divide the aggregate level into individual levels per permit, and further

provided that the Secretary may make a one-time reasonable increase to

the total aggregate to allow for the use of two Native Hawaiian bottomfishing

permits;

(D) There shall be no permits issued for any particular type of fishing

for which there were no permits issued in the year preceding the date

of this order; and

(E) The type of fishing gear used by any permit holder may not be changed

except with the permission of the Secretary, as provided under paragraph

3 of this section.

(2) Recreational Fishing. All currently existing (preceding the date of

this order) levels of recreational fishing effort, as determined by the Secretary

and pursuant to regulations in effect on the day of this order, shall be

capped (i.e., no increase of take levels or levels of fishing effort, species

targeted, or change in gear types) throughout the Reserve. However, fishing

is further restricted as provided in section 8 of this order.

(3) The Secretary, after consultation with the Secretary of the Interior

and Governor of the State of Hawaii, and after public review and comment

and consideration of any advice or recommendations of the Reserve Council

and Western Pacific Regional Fishery Management Council, may further

restrict the fishing activities under subparagraphs (a)(1) and (a)(2) of this

section if necessary to protect Reserve resources, or may authorize or require

alternate gear types if such gear would offer equal or greater protection

for Reserve resources.

(b) In addition to the conservation measures in paragraph (a) of this

section, the following activities are prohibited throughout the Reserve:

(1) Exploring for, developing, or producing oil, gas, or minerals;

(2) Having a vessel anchored on any living or dead coral with an anchor,

an anchor chain, or an anchor rope when visibility is such that the seabed

can be seen;

(3) Drilling into, dredging, or otherwise altering the seabed; or constructing,

placing, or abandoning any structure, material, or other matter on the seabed,

except as an incidental result of anchoring vessels;

(4) Discharging or depositing any material or other matter into the Reserve,

or discharging or depositing any material or other matter outside the Reserve

that subsequently enters the Reserve and injures any resource of the Reserve,

except fish parts (i.e., chumming material or bait) used in and during authorized fishing operations, or discharges incidental to vessel use such as deck

wash, approved marine sanitation device effluent, cooling water, and engine

exhaust; and

35
76908 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents

(5) Removal, moving, taking, harvesting, or damaging any living or nonliving

Reserve resources, except as provided under paragraph (a) of this section

and sections 8(a) and 9 of this order.

(c) The Secretary may conduct, or authorize by permit the activities listed

in subparagraphs (b)(3)-(5) of this section to the extent that they are necessary

for research, monitoring, education, or management activities that further

the Management Principles of section 4 of this order.

Sec. 8. Reserve Preservation Areas.

(a) To further protect Reserve resources, the following areas are hereby

established as Reserve Preservation Areas until some or all are made permanent after adequate public review and comment, within which all activities

referred to in paragraph (b) of this section are prohibited.

(1) From the seaward boundary of Hawaii State waters and submerged

lands to a mean depth of 100 fathoms (fm) around:

(A) Nihoa Island, provided that bottomfishing in accordance with the requirements of section 7(a)(1) of this order shall be allowed to continue seaward

of a mean depth of 10fm, unless and until the Secretary determines otherwise

after adequate public review and comment;

(B) Necker Island, provided that bottomfishing in accordance with the requirements of section 7(a)(1) of this order shall be allowed to continue

seaward of a mean depth of 20fm, unless and until the Secretary determines

otherwise after adequate public review and comment;

(C) French Frigate Shoals;

(D) Gardner Pinnacles, provided that bottomfishing in accordance with the

requirements of section 7(a)(1) of this order shall be allowed to continue

seaward of a mean depth of 10fm, unless and until the Secretary determines

otherwise after adequate public review and comment;

(E) Maro Reef, provided that bottomfishing in accordance with the requirements of section 7(a)(1) of this order shall be allowed to continue seaward

of a mean depth of 20fm, unless and until the Secretary determines otherwise

after adequate public review and comment;

(F) Laysan Island, provided that bottomfishing in accordance with the requirements of section 7(a)(1) of this order shall be allowed to continue seaward

of a mean depth of 50fm, unless and until the Secretary determines otherwise

after adequate public review and comment;

(G) Lisianski Island, provided that bottomfishing in accordance with the

requirements of section 7(a)(1) of this order shall be allowed to continue

seaward of a mean depth of 50fm, unless and until the Secretary determines

otherwise after adequate public review and comment;

(H) Pearl and Hermes Atoll; and

(I) Kure Island.

(2) Twelve nautical miles around the approximate geographical centers

of:

(A) The first bank immediately east of French Frigate Shoals;

(B) Southeast Brooks Bank, which is the first bank immediately west of

French Frigate Shoals, provided that the closure area shall not be closer

than approximately 3nm of the next bank immediately west;

(C) St. Rogatien Bank, provided that the closure area shall not be closer

than approximately 3nm of the next bank immediately east, provided further

that bottomfishing in accordance with the requirements of section 7(a)(1)

of this order shall be allowed to continue, unless and until the Secretary

determines otherwise after adequate public review and comment;

(D) The first bank west of St. Rogatien Bank, east of Gardner Pinnacles;

(E) Raita Bank; and

(F) Pioneer Bank, provided that bottomfishing in accordance with the requirements of section 7(a)(1) of this order shall be allowed to continue, unless

36
Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents 76909

and until the Secretary determines otherwise after adequate public review

and comment.

(b) Activities Prohibited Within Reserve Preservation Areas.

(1) In addition to the conservation measures in section 7 of this order,

which are applicable to the entire Reserve, the following activities are prohibited within the Reserve Preservation Areas listed in paragraph (a) of this

section, except as expressly otherwise stated in this paragraph and sections

(8)(a) and 9 of this order:

(A) Commercial and recreational fishing;

(B) Anchoring in any area that contains available mooring buoys, or anchoring

outside an available anchoring area when such area has been designated

by the Secretary;

(C) Any type of touching or taking of living or dead coral;

(D) Discharging or depositing any material or other matter except cooling

water or engine exhaust; and

(E) Such other activities that the Secretary identifies after adequate public

review and comment, and after consideration of any advice and recommendations of the Reserve Council.

(2) Notwithstanding the prohibitions in this paragraph, the Secretary may

conduct, or authorize by permit, research, monitoring, education, or management activities within any Reserve Preservation Area that further the Management Principles of section 4 of this order.

(3) The Reserve Preservation Areas in this section are approximated using

fathoms. The Secretary will develop straight line boundaries based on longitude and latitude coordinates to encompass each Reserve Preservation

Area, to provide for clarity and ease of identification. The Secretary may

make technical modifications to any such boundaries.

Sec. 9. Native Hawaiian Uses. Native Hawaiian noncommercial subsistence,

cultural, or religious uses may continue, to the extent consistent with existing

law, within the Reserve and Reserve Preservation Areas identified under

section 8 of this order. The Secretary shall work with Native Hawaiian

interests to identify those areas where such Native Hawaiian uses of the

Reserve’s resources may be conducted without injury to the Reserve’s coral

reef ecosystem and related marine resources and species, and may revise

the areas where such activities may occur after public review and comment,

and consideration of any advice and recommendations of the Reserve Council.

Sec. 10. National Wildlife Refuges.

(a) The Secretary of the Interior, in managing, through the U.S. Fish

and Wildlife Service the Hawaiian Islands and Midway Atoll National Wildlife Refuges pursuant to the National Wildlife Refuge System Administration

Act (16 U.S.C. 668dd-668ee) and other applicable laws, shall follow the

Management Principles of section 4 of this order, to the extent consistent

with applicable law.

(b) Wherever the Reserve overlaps the Hawaiian Islands National Wildlife

Refuge, the Reserve shall be managed to supplement and complement management of the Refuge to ensure coordinated conservation and management

of the Reserve and the Refuge, consistent with the purposes and policies

of the National Marine Sanctuaries Act, the National Marine Sanctuaries

Amendments Act of 2000, and this order, and the authorities of the U.S.

Fish and Wildlife Service under the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-668ee) and other laws with respect to management of the Refuge. Nothing in this order shall enlarge or diminish the

jurisdiction or authority of the Secretary or Secretary of the Interior in

managing the Reserve or Refuge, respectively.

(c) The Secretary of the Interior, through the U.S. Fish and Wildlife

Service, shall coordinate with the Secretary and the Governor of the State

37
76910 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Presidential Documents

of Hawaii, as provided under section 5(b) of this order, to ensure coordinated

protection and management among the Reserve, Refuges, and State, consistent

with relevant authorities.

Sec. 11. Administration and Judicial Review.

(a) International Law. Management of the Reserve and any regulations

issued pursuant thereto and all other provisions of this order shall be applied

consistently with the 1983 Presidential Proclamation on the Exclusive Economic Zone, the 1988 Presidential Proclamation on the Territorial Sea, and

the 1999 Presidential Proclamation on Contiguous Zone and in accordance

with generally recognized principles of international law, and with the treaties, conventions, and other agreements to which the United States is a

party. The Secretary shall consult with the Department of State in implementing this order.

(b) Agency Responsibilities. All Federal agencies whose actions may affect

the Reserve and any National Marine Sanctuary established by the Secretary

pursuant to this order shall carry out such actions in accordance with

applicable laws, regulations and Executive Orders, including Executive Orders 13089 of June 11, 1998, and 13158 of May 26, 2000.

(c) National Security and Emergency Actions. Consistent with applicable

law, nothing in this order is intended to apply to military activities (including

those carried out by the United States Coast Guard), including military

exercises, conducted within or in the vicinity of the Reserve, consistent

with the requirements of Executive Orders 13089 of June 11, 1998, and

13158 of May 26, 2000. Further, nothing in this order is intended to restrict

the Department of Defense from conducting activities necessary during time

of war or national emergency, or when necessary for reasons of national

security as determined by the Secretary of Defense, consistent with applicable

law. In addition, consistent with applicable law, nothing in this order shall

limit agency actions to respond to emergencies posing an unacceptable threat

to human health or safety or to the marine environment and admitting

of no other feasible solution.

(d) United States Coast Guard. Nothing in this order is intended to limit

the authority of the United States Coast Guard to enforce any Federal law,

or install or maintain aids to navigation.

(e) Funding. This order shall be carried out subject to the availability

of appropriated funds and to the extent permitted by law.

(f) Territorial Waters. Nothing in this order shall enlarge or diminish

the jurisdiction or authority of the State of Hawaii or the United States

over submerged or other lands within the territorial waters off the coast

of Hawaii.

(g) Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable in law or equity by a party against

THE WHITE HOUSE,

December 4, 2000.

the United States, its agencies, its officers, or any person.

œ–

[FR Doc. 00–31313

Filed 12–6–00; 8:45 am]

Billing code 3195–01–P

38
39

Executive Order 13196 of January 18, 2001

Final Northwestern Hawaiian Islands Coral Reef Ecosystem

Reserve

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including the National Marine Sanctuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries

Amendments Act of 2000, Public Law 106–513, and in furtherance of the

purposes of the Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries

Act (33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C.

1451 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine

Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act (33 U.S.C.

1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.),

National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–e.e.),

and other pertinent statutes, it is ordered as follows:

Sec. 1. Preamble. On December 4, 2000, I issued Executive Order 13178

establishing the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

(Reserve) pursuant to my authority under the National Marine Sanctuaries

Act, as amended by the National Marine Sanctuary Amendments Act of

2000 (Act). In establishing the Reserve, I set forth a number of conservation

measures and created specific Reserve Preservation Areas to protect the

coral reef ecosystem and related marine resources and species (resources)

of the Reserve. The Act provides that no closure areas can become permanent

without adequate notice and comment. Accordingly, I proposed to make

permanent the Reserve Preservation Areas and initiated a 30-day comment

period on this proposal. I also sought comment on the conservation measures

for the Reserve. On my behalf, the Secretary of Commerce received the

public comments and held seven public hearings,including six throughout

Hawaii. After considering the comments expressed at the hearings and received in writing, I have determined to make permanent the Reserve Preservation Areas with certain modifications set forth below. Further, I have modified certain conservation measures to address concerns raised, particularly

regarding commercial and recreational fishing within the Reserve. With this

action, the establishment of the Reserve under the Act, including the conservation measures and permanent Reserve Preservation Areas, is complete.

The Secretary of Commerce will manage the Reserve pursuant to Executive

Order 13178, as modified by this order, under the Act. The Secretary shall

also initiate the process to designate the Reserve as a National Marine

Sanctuary, as required by the Act.

Sec. 2. Purpose. The purpose of this order is to amend Executive Order

13178, and to make permanent Reserve Preservation Areas, as modified

below, to ensure the comprehensive, strong, and lasting protection of the

resources of the Northwestern Hawaiian Islands.

Sec. 3. Amendments to Sections 7 of Executive Order 13178.

1. Section 7(a)(1) of Executive Order 13178 is hereby amended by revising

the first sentence to read as follows:

‘‘Commercial Fishing. All currently existing commercial Federal fishing permits and current levels of fishing effort and take, which also includes

the non-permitted level of trolling for pelagic species by currently permitted

bottom fishers, as determined by the Secretary and pursuant to regulations

in effect on December 4, 2000, shall be capped as follows:’’

2, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23JAE4.SGM pfrm08 PsN: 23JAE4

Appendix C
40

7396 Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents

2. Section 7(a)(1)(C) of Executive Order 13178 is hereby revised to read

as follows:

‘‘(C) The annual level of aggregate take under all permits of any particular

type of fishing may not exceed the aggregate level of take under all permits

of that type of fishing as follows:

(1) Bottomfishing—the annual aggregate level for each permitted bottomfisher

shall be that permittee’s individual average taken over the 5 years preceding

December 4, 2000, as determined by the Secretary, provided that the Secretary, in furtherance of the principles of the reserve, may make a onetime reasonable increase to the total aggregate to allow for the use of two

Native Hawaiian bottomfishing permits;

(2) All other commercial fishing—the annual aggregate level shall be the

permittee’s individual take in the year preceding December 4, 2000, as

determined by the Secretary.’’

3. A new section 7(a)(1)(F) is hereby added to Executive Order 13178 and

reads as follows:

‘‘(F) Trolling for pelagic species shall be capped based on reported landings

for the year preceding December 4, 2000.’’

4. Section 7(b)(4) is revised to read as follows:

‘‘(4) Discharging or depositing any material or other matter into the Reserve,

or discharging or depositing any material or other matter outside the Reserve

that subsequently enters the Reserve and injures any resource of the Reserve,

except:

(A) fish parts (i.e., chumming materia or bait) used in and during fishing

operations authorized under this order;

(B) biodegradable effluent incident to vessel use and generated by a marine

sanitation device in accordance with section 312 of the Federal Water Pollution Control Act, as amended;

(C) water generated by routine vessel operations (e.g., deck wash down

and graywater as defined in section 312 of the Federal Water Pollution

Control Act), excluding oily wastes from bilge pumping; or

(D) cooling water from vessels or engine exhaust; and’’.

Sec. 4. Amendments to Sections 8 of Executive Order 13178.

1. Section 8 of Executive Order 13178 is modified by substituting ‘‘provided

that commercial bottomfishing and commercial and recreational trolling for

pelagic species in accordance with the requirements of sections 7(a)(1) and

7(a)(2) of this order, respectively,’’ for ‘‘provided that bottomfishing in accordance with the requirements of section 7(a)(1)’’ everywhere the latter phrase

appears in section 8.

2. Section 8(a)(1)(A) is modified by substituting ‘‘a mean depth of 25 fm’’

for ‘‘a mean depth of 10fm.’’

3. Section 8(a)(1)(B) is modified by substituting ‘‘a mean depth of 25 fm’’

for ‘‘a mean depth of 20fm.’’

4. Section 8(a)(1)(D) is modified by substituting ‘‘a mean depth of 25 fm’’

for ‘‘a mean depth of 10fm.’’

5. Section 8(a)(1)(E) is modified by substituting ‘‘a mean depth of 25 fm’’

for ‘‘a mean depth of 20fm.’’

6. Section 8(a)(1)(G) is modified by substituting ‘‘a mean depth of 25 fm’’

for ‘‘a mean depth of 50fm.’’

7. Section 8(a)(1)(I) is revised to read ‘‘Kure Atoll.’’

8. Sections 8(a)(2)(D) and (E) are hereby deleted and a new section 8(a)(3)

is hereby substituted as follows:

‘‘(3) Twelve nautical miles around the approximate geographical centers

of
41

Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents 7397

(A) The first bank west of St. Rogation Bank, east of Gardner Pinnacles,

provided that commercial bottomfishing and commercial and recreational

trolling for pelagic species in accordance with the requirements of sections

7(a)(1) and 7(a)(2) of this order, shall be allowed to continue for a period

of 5 years from the date of this order; and

(B) Raita Bank, provided that commercial bottomfishing and commercial

and recreational trolling for pelagic species in accordance with the requirements of sections 7(a)(1) and 7(a)(2) of this order, shall be allowed to

continue for a period of 5 years from the date of this order; and

(C) Provided that both banks described above in (3)(A) and (3)(B) shall

only continue to allow commercial bottomfishing and commercial and recreational trolling for pelagic species after the 5-year time period if it is

determined that continuation of such activities will have no adverse impact

on the resources of these banks.’’

Sec. 5. Reserve Preservation Areas. The Reserve Preservation Areas, as modified in sections 3 and 4 of this order, are hereby made permanent in

accordance with the Act.

Sec. 6. Judicial Review. This order does not create any right or benefit,

substantive or procedural, enforceable in law or equity by a party against

the United States, its agencies, its officers, or any person.

THE WHITE HOUSE,

January 18, 2001.

œ–

[FR Doc. 01–2214

Filed 1–22–01; 8:45 am]

Billing code 3195–01–P
Contact Us:

For more information on the reserve, please visit

the website at http://hawaiireef.noaa.gov 

or contact:

T. ‘Aulani Wilhelm

Acting Reserve Coordinator

Northwestern Hawaiian Islands 

Coral Reef Ecosystem Reserve

6600 Kalaniana‘ole Highway, Suite 300

Honolulu, HI 96825

808.397.2660

Aulani.Wilhelm@noaa.gov

National Oceanic and Atmospheric Administration

Sunset at 

Gardner

Pinnacles.

Photo: Andy

Collins